2012-150-Ordinance No. 2012-004 Recorded 4/19/2012REVIEWED
DESCHUTES COUNTY OFFICIAL RECORDS
LEGAL COUNSEL NANCY BLANKENSHIP, COUNTY CLERK Nd +
COMMISSIONERS' JOURNAL 44/19/2012 49:36:59 AM
IIIIIIII I IIIIIIIIIIIIIIIII III
2012- B
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18 of the Deschutes
County Code, to Establish Provisions for Agri-Tourism
and Other Commercial Events and Activities, and to * ORDINANCE NO. 2012-004
Amend the Winery Standards in the Exclusive Farm
Use Zone, and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department initiated the amendment
(Planning Division File No. TA-11-3) of the Deschutes County Code ("DCC") Title 18, Chapter 18.16, to
incorporate the changes to State Law under 2011 Senate Bill 960 for Agri-Tourism and Other Commercial
Events and Activities and House Bill 3280 for Winery standards; and
WHEREAS, the Deschutes County Planning Commission held a public hearing on December 8, 2011
and forwarded to the Deschutes County Board of Commissioners ("Board") a recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on March 14, 2012 and
concluded that the public will benefit from the proposed changes to DCC Title 18 Chapter 18.16; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.04, TITLE, PURPOSE AND DEFINITIONS, 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-ik gh.
Section 2. AMENDMENT. DCC Chapter 18.16, EXCLUSIVE FARM USE ZONES, is amended to
read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethfougk.
Section 3. FINDINGS. The Board adopts as its findings Exhibit "B," attached and incorporated by
reference herein.
PAGE I OF 2 - ORDINANCE NO. 2012-004
Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
zzw
ATTEST:
ALAN UNGER, Vice Chair
-Lie
Recording Secretary TAMMY BANEY, Com sioner
1A
Date of 1" Reading:
day of 12012.
te of 2"d Reading: day of , 2012.
&1~11_ Da
Record of Adoption Vote:
Commissioner
Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
I/
Effective date: 1- 'day of '2012.
PAGE 2 OF 2 - ORDINANCE NO. 2012-004
Denotes portions of the code not amended by Ordinance 2012-004.
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.010. Title.
18.04.020. Purpose.
18.04.030. Definitions.
Denotes sections of the Deschutes County Code not amended by Ordinance 2011-
XXX.
"Agri-tourism" means a commercial enterprise at a working farm or ranch that is
incidental and subordinate to the existing farm use of the tract that promotes successful
nriculture generates supplemental income for the owner and complies with Oregon
Statue and Rule Any assembly of persons shall be for the purpose of taking part in
agriculturally based operations or activities such as animal or crop care, picking fruits or
vegetables cooking or cleaning fann products tasting farm products, or learning about
farm or ranch operations Agri-tourism does not include "commercial events or
activities." Celebratory gatherings weddings parties, or similar uses are not agri-
tourism.
"Agricultural Land" means lands classified by the U. S. Soil Conservation Service (SCS) as
predominately Class I-VI soils, and other lands in different soil classes which are suitable for farm
use, taking into consideration soil fertility, suitability for grazing and cropping, climatic conditions,
existing and future availability of water for farm irrigation purposes, existing land use patterns,
technological and energy inputs required, and accepted farming practices. Lands in other classes
which are necessary to permit farm practices to be undertaken on adjacent or nearby lands shall be
included as agricultural lands in any event.
"Agricultural structure" means any structure considered to be an "agricultural building" under the
State Building Code (Section 326) as referenced in DCC 15.04.010 and is (1) located on a parcel
that is at least 20 acres in size and contains at least 8.5 irrigated acres, or (2) a parcel that is at least
80 acres in size, regardless of irrigation.
"Agricultural use" means any use of land, whether for profit or not, related to raising, harvesting
and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other
agricultural or horticultural use or animal husbandry or any combination thereof not specifically
covered elsewhere in the applicable zone. Agricultural use includes the preparation and storage of
the products raised on such land for human and animal use and disposal by marketing or otherwise.
Agricultural use also includes the propagation, cultivation, maintenance and harvesting of aquatic
species. Agricultural use does not include the use of land subject to the provisions of ORS chapter
321, except land used exclusively for growing cultured Christmas trees.
"Commercial agricultural enterprise" means farm operations which will:
A. Contribute in a substantial way to the area's existing agricultural economy; and
B. Help maintain agricultural processors and established farm markets. When determining
whether a farm is part of a commercial agricultural enterprise, not only what is produced, but
how much and how it is marketed shall be considered.
EXHIBIT A to Ordinance 2012-004
"Commercial amusement establishment" means a facility supplying refreshments and various forms
of entertainment to the general public.
"Commercial event or activity' means any_meeting, celebratory gathering wedding, party, or
similar uses consisting of any assembly of persons and the sale of goods or services. It does not
include a i tourism In DCC 18.16.042, a commercial event or activity shall be related to and
supportive of agriculture.
"Commercial farm" as used in DCC 18.16 means those land tracts shown on the 1991 Assessor's
records as contiguous ownership tracts under one name (or separated only by a road), zoned EFU,
receiving special assessment for farm use and in the top 90 percent of assessed farm use values
(arranged in ascending order). These farms are identified in the resource element of the
comprehensive plan.
"Commercial forest land" means land which is used for the growing and harvesting of forest tree
species.
"Commercial residential use" means a building, portion of a building or group of buildings designed
or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel or tourist
camp, but excluding quarters intended for permanent occupancy such as a duplex or apartment. A
manufactured home park is not included in this definition.
"Commercial use" means the use of land primarily for the retail sale of products or services,
including offices. It does not include factories, warehouses, freight terminals or wholesale
distribution centers.
"Community center" means a community meeting, retreat and activity facility serving the social or
recreational needs of community residents or visitors.
EXHIBIT A to Ordinance 2012-004
Denotes portions of the code not amended by Ordinance 2012-004.
Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outright.
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a
Review Under DCC Chapter 18.124 For Items C Through M.
18.16.030. Conditional Uses Permitted - High Value and Nonhigh Value Farmland.
18.16.031. Nonresidential Conditional Uses on Nonhigh Value Farmland Only.
18.16.033. Nonresidential Conditional Uses on High Value Farmland Only.
18.16.035. Destination Resorts.
18.16.037. Guest Ranch.
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
18.16.040. Limitations on Conditional Uses.
18.16.042 Auri-Tourism and Other Commercial Events or Activities Limited Use Permit
18.16.043 Sinele Permit
18.16.050. Standards for Dwellings in the EFU Zones.
18.16.055. Land Divisions.
18.16.060. Dimensional Standards.
18.16.065. Subzones.
18.16.067. Farm Management Plans.
18.16.070. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
Denotes sections of the Deschutes County Code not amended by Ordinance 2011-004.
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC
Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable.
A. Dwellings customarily provided in conjunction with farm use (farm-related dwellings), subject to DCC
18.16.050.
B. A relative farm assistance dwelling, subject to DCC 18.16.050.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are not within
3 miles of an acknowledged urban growth boundary, on non-high value farmland.
D. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are within 3
miles of an acknowledged urban growth boundary, subject to the approval of an exception pursuant to
ORS 197.732 and OAR chapter 660, division 004, on non-high value farmland.
E. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use.
F. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating electrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in DCC 18.16.038(A).
G. Winery, as described in ORS 215.452.
H. Farm stands, subject to DCC 18.16.038.
Chapter 18-16
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Page 1 of 8 - EXHIBIT B to Ordinance 2012-004
I. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
J. A facility for the processing of farm crops, or the production of biofuel as defined in ORS 315.141, that
is located on a farm operation that provides at least one-quarter of the farm crops processed at the
facility.
a. The building established for the processing facility shall not exceed 10,000 square feet of floor area
exclusive of the floor area designated for preparation, storage or other farm use or devote more than
10,000 square feet to the processing activities within another building supporting farm uses.
b. A processing facility shall comply with all applicable siting standards but the standards shall not be
applied in a manner that prohibits the siting of the processing facility.
c. The County shall not approve any division of a lot or parcel that separates a processing facility from
the farm operation on which it is located.
K. Aszri-tourism and other commercial events and activities subject to DCC 18.16.042.
(Ord. 2012-004, §2 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2,2004)
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that is necessary to
be situated in an agricultural zone in order for service to be provided. To demonstrate that a utility
facility is necessary, an applicant must show that reasonable alternatives have been considered and that
the facility must be sited in an exclusive farm use zone due to one or more of the following factors:
1. Technical and engineering feasibility,
2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must
cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and non-resource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may
not be the only consideration in determining that a utility facility is necessary for public service.
Land costs shall not be included when considering alternative locations for substantially similar
utility facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible for restoring, as
nearly as possible, to its former condition any agricultural land and associated improvements that
are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the
facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a contractor the responsibility for
restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as
defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions
of OAR 660-011-0060.
10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by
and subject to regulation by the Federal Energy Regulatory Commission.
11. The County shall impose clear and objective conditions on an application for utility facility siting to
mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to
farm use, in order to prevent a significant change in accepted farm practices or a significant increase
in the cost of farm practices on surrounding farmlands.
Chapter 18-16
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Page 2 of 8 - EXHIBIT B to Ordinance 2012-004
B. Wineries are subject to the following:
1. A winery, authorized under DCC 18.16.025 is a facility that produces wine with a maximum annual
production o£
a. Less than 50,000 gallons and t#at:
i. Owns an on-site vineyard of at least 15 acres;
ii. Owns a contiguous vineyard of at least 15 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a
vineyard contiguous to the winery; or
iv. Obtains grapes from any combination of i, ii or iii of this subsection; or
b. At least 50,000 gallons and than 100,000 g lle the winery:
i. Owns an on-site vineyard of at least 40 acres;
ii. Owns a contiguous vineyard of at least 40 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a
vineyard contiguous to the winery; or
iv. Obtains grapes from any combination of i. ii, or iii of this sub-section.
2 The ..hall ..,1,.w enly the sale 4
a. Wines pfedueed in eon tffle4ioa with the winefy; eAid
b. Rems difeetb, felated the sales E)f whieh afe ineidefltal to retail sale of wine on
C 1, items 1 ,1 those a by a 1: :tea a est., + defined ift ORS 62 0101
4. Prior- te issuanee ef a pefmit to es4ablish a wifiefy, the applieaflt shall shew that vineyards, desefibed
undef either- 1 ef 2 abeve, have been planted er- that the eentfaet has been exeetAed, as .
adjaeent landsi
2. A winery may:
a Market and sell wine produced in conjunction with the winery, including the following
activities:
i. Wine tours,
ii Wine tastinlzs in a tasting room or other location at the winery;
iii. Wine clubs; and
iv. Similar activities conducted for the primary purpose of promoting wine produced in
conjunction with the winery;
b Market and sell items directly related to the sale or promotion of wine produced in conjunction
with the winery, the marketing and sale of which is incidental to retail sale of wine on-site,
including food and beverages served by a limited service restaurant, as defined in ORS
624.010; and
c Provide services including private events hosted by the winery or patrons of the winery, at
which wine produced in conjunction with the winery is featured, that:
i Are directly related to the sale or promotion of wine produced in conjunction with the
wine
ii. Are incidental to the retail sale of wine on-site; and
iii. Are limited to 25 days or fewer in a calendar year.
3. Gross Income.
a The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b)
of this section and services provided pursuant to subsection (2)(c) of this section may not
Chapter 18-16
(/2011)
Page 3 of 8 - EXHIBIT B to Ordinance 2012-004
exceed 25 percent of the gross income from the on-site retail sale of wine produced in
conjunction with the winenL
b. The winery shall submit to the Deschutes County Community Development Department a
written statement, prepared by a certified public accountant that certifies compliance with this
section for the previous tax year by April 15 of each year in which private events are held
4. A winery _operating under this section shall provide parking for all activities or uses on the lot
parcel or tract on which the winery is established.
5. Prior to the issuance of a permit to establish a winery under this section the applicant shall show
that vineyards described in subsections (B)(1) of this section have been planted or that the contract
for the purchase of grapes has been executed, as applicable.
6. The siting of a winery shall be subject to the following standards:
a. Establishment of a setback of at least 100 feet from all property lines for the winery and all
public gathering places.
b. Shall comply with DCC Chapter 18.80, Airport Safety Combining, Zone, and DCC 18.116.180,
Building Setbacks for the Protection of Solar Access.
7. As used in this section, "private events" includes, but is not limited to, facility rentals and
celebratory atg_herings.
8. The winery shall have direct road access and internal circulation.
9. A winery is subject to the following public health and safety standards:
a. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone
hand washing stations.
b. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including
set-up and take-down of temporary structures.
c. Noise control.
i. All noise, including the use of a sound producing device such as. but not limited to. loud
speakers and public address svstems, musical instruments that are amplified or unamplified.
shall be in compliance with applicable state regulations.
ii. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on-site at all times during private
events.
d. Adequate traffic control must be provided by the property owner to address the
following:
i. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uniform Traffic Control Devices.
e. Structures.
i. All permanent and temporary structures and facilities are subiect to fire, health and life
safe requirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
ii. Compliance with the requirements of the Deschutes County Building Safety Division shall
include meeting all building occupancy classification requirements of the State of Oregon
adopted building code.
£ Inspection of event premises authorization. The applicant shall provide in writing a consent to
allow law enforcement, public health, and fire control officers to come upon the premises for
which the Limited Use Permit has been granted for the purposes of inspection and enforcement
of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone
and DCC Chapter 8.08 Noise Control, and any other applicable laws or ordinances.
Chapter 18-16
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Page 4 of 8 - EXHIBIT B to Ordinance 2012-004
10 DCC Chapter 18 16 038(B) Sections (2c),Q) (7) and (9) sunset on January 1, 2014.
(Ord. 2012-004 §2, 2012, Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2, 2004)
1816 042 Agri-Tourism and other Commercial Events or Activities Limited Use Permit
A Agri-tourism and other commercial events or activities related to and supportive of agriculture ma
be approved in an area zoned for exclusive farm use only if the standards and criteria in this section
are met.
B Application The application shall include the following'.
1 The General Provisions information required in DCC 22.08.010.
2. A written description o£
a. The proposal.
b The types of agri-tourism and other commercial events or activities that are proposed to be
conducted including the number and duration of the ag[i-tourism and other commercial events
and activities the anticipated maximum daily attendance and the hours of operation, and how
the ag'ri-tourism and other commercial events or activities will be related to and supportive of
agriculture and incidental and subordinate to the existing farm use of the tract.
c The types and locations of all permanent and temporary structures, access and egress. parking'
facilities and sanitation and solid waste to be used in connection with the agri-tourism or other
commercial events or activities.
3. A traffic management plan that:
a Identifies the projected number of vehicles and any anticipated use of public roads;
b Provides an assurance that one traffic control person shall be provided for each 250
persons expected or reasonablyeexpected to be in attendance at any time during the agri-
tourism and other commercial event or activity. The traffic control personnel shall be
certified by the State of Oregon and shall comply with the current edition of the Manual
of Uniform Traffic Control Devices.
c. Demonstrates that the parcel lot or tract has direct access such that the lot, parcel or
tract on which commercial events will occur:
i. Fronts on a public road; or
ii. Is accessed by an access easement or private road, and all underlying property
owners and property owners taking access between the subject property and the
public road consent in writing to the use of the road for ag'ri-tourism and other
commercial events or activities at the time of initial application.
4 Inspection of Event Premises Authorization. The applicant shall provide in writing' a
consent to allow law enforcement, public health, and fire control officers and code
enforcement staff to come upon the premises for which the Limited Use Permit has been
granted for the purposes of inspection and enforcement of the terms and conditions of
the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08
Noise Control, and any other applicable laws or ordinances.
C. Approval Criteria.
Type 1 Up to six (6) ag'ri-tourism events in a calendar year on a tract may be approved by a limited
use permit that is personal to the applicant and is not transferred by, or transferred with, a
conveyance of the tract, if in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(d-i).
b. May not, individually, exceed one calendar day.
c. Commercial events or activities are not permitted.
Chapter 18-16
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Page 5 of 8 - EXHIBIT B to Ordinance 2012-004
d. Minimum lot or parcel size: 5 acres.
e. Comply with DCC Chapter 8.08 Noise Control at all times Sound amplification_ and sound
producing devices are prohibited.
f. The maximum attendance is 30 at anY one time for all non-residents of the tract.
g. Where there is a conflict between this section and DCC 18.16.042(C)(4-12), the more
restrictive criteria shall apply.
2. Type 2 Up to six (6) agri tourism and other commercial events or activities in a calendar year on a
tract may be approved by a limited use permit that is personal to the applicant and is not transferred
by, or transferred with a conveyance of the tract if in compliance with:
a. Minimum lot or parcel size: 10 acres.
b. Agri tourism events may not individually, exceed a duration of 72 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 72 consecutive hours.
c. Commercial events or activities may not individually, exceed a duration of 30 consecutive
hours excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours of operations is included within the duration of 30 consecutive hours.
d. Must be incidental and subordinate to existing farm use of the tract and shall be related to and
supportive of agriculture.
e. Set-up and take down of all temporary structures and facilities shall occur up to one business
day prior to the agri-tourism and other commercial events or activities and one business day
after the agri-tourism and other commercial events or activities between 7:00 a.m. and 10:00
p.M--
f. May not require that a new permanent structure be built used or occupied in connection with
the agri-tourism or other commercial events or activities.
g. May not in combination with other agri-tourism or other commercial events or activities
authorized in the area materials alter the stability of the land use pattern in the area.
h. Must comply with ORS 215.296.
i. Limited Use Permits approved under this section expire two years from the date of approval.
J. Limited Permits may be renewed for an additional two years subject to:
i. An application for renewal, and
ii Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section DCC Chapter 18.16.042.
Type 3 Agri-tourism or other commercial events or activities may be approved by a limited use
permit that is personal to the applicant and is not transferred by or transferred with, a conveyance
of the tract more frequently or for a longer period than allowed under 18.16.042(C)(1) and (2) if
the agri-tourism or other commercial events or activities is in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(d)(e)(f)(g and (h).
b. Must be incidental and subordinate to existing commercial farm use of the tract_ and are
necessary to support the commercial farm uses or the commercial agricultural enterprises in the
area.
c. Minimum lot or parcel size: 160 acres.
d. Do not exceed 18 commercial events or activities in a calendar year.
e. Commercial events or activities may not individually, exceed a duration of 24 consecutive
hours excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours of aerations is included within the duration of 24 consecutive hours.
£ Agri-tourism events may not individually, exceed a duration of 72 consecutive hours,
excluding set-up and take down of all temporary structures and facilities The limitation on the
hours of operations is included within the duration of 72 consecutive hours.
g. No more than two commercial events or activities may occur in one month.
h. Limited Use Permits approved under this section expire four years from the date of approval.
Chapter 18-16
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Page 6 of 8 - EXHIBIT B to Ordinance 2012-004
i. Limited Use Permits may be renewed at four year intervals subject to:
i. An application for renewal;
ii. Public notice and public comment as part of the review process.
iii Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter 18.16.042.
4. The area in which the agri-tourism or other commercial events or activities are located shall be
setback at least 100 feet from the property line.
5. Notification of agri-tourism and other commercial events or activities.
a The property owner shall submit in writing the list of calendar days scheduled for all agri-
tourism and other commercial events or activities by April 1 of the subject calendar year or
within 30 days of new or renewed limited use permits, if after April 1, to Deschutes Count's
Community Development Department and Sheriff's Office and all property owners within
500 feet of the subject property
b. The list of calendar dates for all agri-tourism, commercial events and activities maybe
amended by submitting the amended list to the same entities at least 72 hours prior to any
date change.
c. If such notice is not provided the property owner shall provide notice by Registered Mail to
the same list above at least 10 day prior to each agri-tourism and other commercial event or
activi .
d. The notification shall include a contact person or persons for each agri-tourism and other
commercial event or activity who shall be easily accessible and who shall remain on site at all
times, including the person(s) contact information.
6. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand
washing stations.
7. Hours of Operation. No agri-tourism and other commercial event or activity may begin before
7:00 a.m. or end after 10:00 p.m.
8. Overnight camping is not allowed.
9. Noise Control
a. All noise including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or
unamplified, shall be in compliance with applicable state regulations.
b. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on-site at all times during
agri-tourism and other commercial events or activities.
10. Transportation Management.
a. Roadwavs. drivewav aprons, drivewavs and parking surfaces shall be surfaces that
prevent dust and may include paving, gavel, cinders, or bark/wood chips.
b. Driveways extending from paved roads shall have a paved apron, requiring review and
approval by the County Road Department.
c. The parcel lot or tract has direct access as defined in DCC Chapter 18.16.042(B)(3)(c).
d. Adequate traffic control must be provided by the property owner to address the
following:
i. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any tme.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uniform Traffic Control Devices.
11. Health and Safe, Compliance
a All permanent and temporary structures and facilities are subject to fire, health and life
safe requirements and shall comply with all requirements of the Deschutes County
Chapter 18-16
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Building Safetv Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
b Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the State of
Oregon adopted building c ode.
12 The maximum number of people shall not exceed 500 per calendar day.
13 Agri-Tourism and other Commercial Events or Activities shall not be allowed:
a Within the County adopted big game winter ranges during; the months of December
through March.
b Within the County adopted big ame migration corridors during the month of April and
during the months of October and November.
c Within the County adopted sensitive bird and mammal habitat areas as defined in DCC
18.90.020, unless a site has had no nesting a_ttempt or the nest has failed, as determined
by a professional wildlife biologist in May of the calendar year in which the application
is approved unless a site has had no nesting attempt or the nest has failed which could be
determined in May by a professional wildlife biologist.
(Ord. 2012-004, §2, 2012)
18.16.043 Sinele Permit.
A The maximum number of age-tourism and other commercial events or activities on a lot, parcel
or tract may not exceed the total number of commercial events allowed by any individual land
use approval including a winery authorized under DCC 18.16.038(B) and events, outdoor mass
gatherings or extended outdoor mass gatherings authorized under DCC Chapter 8.16. B.
The following permits may not be combined:
1 Agri-tourism and other commercial events or activities under DCC 18.16.042,
2. Winery under DCC 18.16.038(B),
3 Events outdoor mass gatherings, extended outdoor mass gatherings, parades or funeral
processions authorized under DCC Chapter 8.16,
4. Home occupation for commercial events or activities.
(Ord. 2012-004, §2,2012)
Chapter 18-16
(/2011)
Page 8 of 8 - EXHIBIT B to Ordinance 2012-004