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2012-155-Minutes for Meeting April 11,2012 Recorded 4/23/2012DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL CLERKDS 1~~I i0~'~55 04/23/2012 08;05;53 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page r , 77, 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, APRIL 11, 2012 Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Erik Kropp, Deputy County Administrator; and for a portion of the meeting, David Givans, Internal Auditor; Dan Despotopulos, Fair & Expo Center; Nick Lelack and Paul Blikstad, Community Development; Laurie Craghead, County Counsel; Patrick Flaherty and Mary Anderson, District Attorney's Office; Teresa Rozic, Property & Facilities; and ten other citizens including media representatives of The Bulletin: Hillary Borrud and Scott Hammers. Chair DeBone opened the meeting at 1:35 p.m. 1. Economic Development Loan Fund Request (Central Oregon Truck Company). Jon Stark of Redmond Economic Development, Inc., Jim McConnell of McConnell Labs, and Roger Lee of EDCO (Economic Development for Central Oregon) came before the Board. Commissioner Unger stated that he is on the REDI Board. Jon Stark gave an overview of the item. He said they started working with Central Oregon Truck Company of Prineville, when they announced they needed to consolidate in one location and grow. They expect to grow from 215 to 250 employees eventually. There was an extensive process to evaluate the project and site needs. The Company realized there was another opportunity for them in Reno, Nevada, so this process was very competitive. They identified a site, and brought in a team to help them with this process. The proposal is for funding to help 31 employees move and add four others to the facility, resulting in 35 new jobs for Deschutes County. They will also include 31 more trucking and logistics personnel but some won't be here. Headquarters will be here. They would like $50,000 to offset costs for job creation. This is a big win for this area. Minutes of Board of Commissioners' Work Session Wednesday, April 11, 2012 Page 1 of 9 Jim McConnell explained that the company has had some down times but has recovered well, and now has a clear path and vision of where they want to be. They wanted a new building to bring out a better image for the company. Commissioner Unger said that as the area wants to be recognized, the city and others came together to hold these jobs here on Highway 97, not along an interstate somewhere else. This shows support of local transportation efforts. Commissioner Baney agreed. She said, however, that this is essentially transferring jobs from Crook County to Deschutes, as part of the region. She realizes that the retention piece is important and there was a significant private investment in this regard. Commissioner Baney stated that this highlights the fund's ability to help retain and create positions. However, as a region, she does not want to see others here loose positions, but it is important to keep the jobs in this area and in Oregon. Mr. Stark stated the company was going to leave Prineville anyway, since Prineville was not able to help with this situation. Operations needed to be consolidated and Prineville was then going to be short-term. Without the work that was done, this project would have left the region and the state. LINGER: Move approval of this use of the economic development loan fund. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 2. Child Support Enforcement Discussion. Patrick Flaherty and Mary Anderson came before the group. He would like to bring child support enforcement services back to his office. The D.A. is obligated by law to enforce support orders (he read statute in regard to this). In 2411, the Department of Justice took over this responsibility; it seemed to be a sound idea at that time. Since then he has learned that the level of enforcement in Deschutes County has gone down. Also, he has heard complaints from attorneys that they can't get anything done through the D.O.J.; that the process is too cumbersome. He has also heard complaints from citizens in this regard but has to tell them the D.A.'s Office cannot assist them. Minutes of Board of Commissioners' Work Session Wednesday, April 11, 2012 Page 2 of 9 The D.A. has much greater ability to handle this here than having it administered by the D.O.J. from the valley. He has attorneys who are ready, willing and able to take this responsibility back. Commissioner DeBone asked if this has to do with dollars going to the families. Mr. Flaherty said that they also have to establish paternity, after which there would be a support order. If the order is not complied with, collection efforts begin. They would then move into the courtroom for contempt, then criminal non-support. The D.O.J. does not seem able to proceed with the entire process so there is little leverage over the parent who is delinquent. He asked that 3 FTE be added to the D.A.'s budget; two would be case managers currently working in the area, and the other a receptionist. They are prepared to provide the attorney from existing staff at this point. Mary Anderson went over the estimates for the quarter. When she first started working on this, she found that it turned into a passion. The impact of child support issues is significant on children and families. The program should put the families first through working with employers, finding adequate medical coverage and so on. This fosters better relationships between parents and others. It also has a dramatic impact on the use of other public programs. Child support can be nearly 40% of a family's income. The D.O.J. does the best it can but they do not have the resources needed to handle the work. She has worked on an MOU with the D.O.J. to help with attorney time. The other local counties support this change. (She referred to a chart showing the performance of each county.) Commissioner Baney asked why the request is coming now and not later, and how the FTE's fit in. Ms. Anderson said they could start immediately but there would probably be a delay. They want to be sure everything is in place as well. The request includes the three FTE's but two have a high skill level. In effect, they would be covering a 5.5 FTE level, including attorney assistance. Commissioner Unger likes the presentation, but would like to get the perspective of the D.O.J. representatives located in the same building. Mr. Flaherty indicated that this is the most cost effective for the community as a whole, and will help hundreds of families here. Sometimes families go on public assistance because they are not receiving the child support that is due. Minutes of Board of Commissioners' Work Session Wednesday, April 11, 2012 Page 3 of 9 He feels the D.O.J. is supportive of this proposal. The County went from one of the highest collection rates in the State ten years ago to being one of the lowest ones now. Normally they would ask for an attorney position but feel they can cover this need for now, mostly for the initial appearance in a case. Commissioner Unger would like to accept this proposal but get more input from the D.O.J., and then have it reviewed by the Budget Committee. Ms. Anderson stated they would continue working with others on the MOU in the meantime. Mr. Flaherty added that there is a lot of support from other D.A. Offices to bring this back to the local level. Chair DeBone asked if they have room for these new positions. Mr. Flaherty replied that it needs to be accessible. They will likely end up in the stone building for now. There are some federal requirements for the space as well. Chair DeBone likes the idea of a positive effect on the area. Mr. Flaherty noted that there would be a dramatic increase in the level of support collected. The caseload would go up as they increase their efforts. Ms. Anderson said they are not critical of the D.O.J. but know they have limited resources. Commissioner Baney would like to hear from the Courts as well, since they would be impacted by this. Mr. Flaherty said the Courts hear complaints about the current level of service as well. The Board would like to conduct another work session in a couple of weeks to include the D.O.J. and someone from the Courts. This can be part of the budget deliberations. 3. Executive Session, under ORS 1.92.660(2)(e), Real Property Negotiations. 4. Forester Update. Joe Stutter referred to a document showing current projects. He is concerned about the FEMA decision that was made three months ago. Formal documentation has not been received, and he needs to start the third grant process. He hopes to get in touch with staff at Senator Wyden's office and ask them to speak with FEMA. Minutes of Board of Commissioners' Work Session Wednesday, April 11, 2012 Page 4of9 In regard to the Assistant County Forester position, Mr. Stutter explained that there have been 48 applicants. The application period has closed. He recommends using certain criteria for this selection. What is important is having someone who can carry on the work now in progress and not having to have a great deal of training. He looked at community fire plan history and other activities. Mr. Kropp added that he is treating this as more of a department head hire eventually. Mr. Stutter does not want to guess at how the relationship with fire chiefs and the Sheriff will go. He has narrowed the choices down to seven, including one veteran. Probably three are stronger than the others. The plan is to interview the seven, and whether any of the Commissioners want to be on the interview panel. Commissioner Unger feels one Commissioner should be on the panel. A decision can be made which one, depending on who is available. Mr. Stutler wanted to talk about how decisions are being made on unprotected lands. (He referred to an oversized map at this time.) This is all private property. There are locations where a fire could be catastrophic; including land between Bend and Sisters and the eastern parts of the County. The fire districts are maxed out and the population in those areas don't support expansion. Some people are willing to pay for protection, while others are not. The County cannot just sit back and do nothing if this happens. From a risk management perspective, they can choose to do nothing - with consequences. The other option is the Sheriff's Office doing what they can, but that is not in their scope of work. Something needs to be done, even if it is just to educate them. He has spoken with the Sheriff and fire chiefs and they are comfortable with the Board identifying someone as fire chief for the unprotected areas. Mr. Kropp said that people choose not to purchase fire protection, and this should not be encouraged. And in the matter of fairness, how many tax dollars should go to people who choose not to pay for fire protection but expect a response when there is an emergency. Mr. Stutler said there is an ordinance in place for defensible space and open burning. He is comfortable with the Sheriffs Office making decisions, but Mr. Stutler often is there. Tactically, someone needs to figure out if a fire deserves a serious conflagration response or whatever else is needed to react to the situation - such as a tanker truck of water, or several, or a helicopter dropping water. It could be as much as looking for serious resources. There are requirements if State resources are called in. Someone needs to make those decisions. Minutes of Board of Commissioners' Work Session Wednesday, April 11, 2012 Page 5 of 9 Commissioner Unger feels they need someone out there making those decisions; this needs to be someone who knows what they are doing. It is difficult because so much land is adjacent to public lands. Mr. Studer said that the issue would continue to be face work. A mutual aid agreement is a start. There 175,000 private acres here opposed to 6 million acres of public lands. The County needs to take this on itself and make some decisions as to what needs to be done and what the County is not willing to do. Mr. Studer then showed a large fire map. People pay taxes to the Oregon Department of Forestry and the fire district for different things. The fire district is to protect the structures; the other is for adjacent lands. The ODF gets 50% of their funding from large property owners on the west side, but much of the protection has to occur on the east side. Someday ODF is going to pull that boundary back and let people find another way to protect private property, and concentrate only on the State lands. This will result in more unprotected lands in the County. Mr. Stutler said with a fire chief for unprotected lands, there could be a mutual aid agreement with the districts. Another option would be a supplemental suppression agreement that would pay for their help. The other option is not doing anything and taking their chances. 5. Update: Upper Deschutes Watershed Coalition. Ryan Houston gave a PowerPoint presentation on the work being done by the Upper Deschutes Watershed Council. There are 60+ watershed councils in the State. The organization was formed in 1997 and has always had a County Commissioner on their board; currently Alan Unger. The Oregon Watershed Enhancement Board oversees the groups and handles much of the funding. Their programs are encompassed by monitoring, restoration and education. Restoration of habitat is of primary concern. They work hard to have people, especially children, learn a connection to place. They have a very diverse 18-member board of directors who represent various organizations and entities. They provide a cross-section of the community as a whole. They work closely with schools, and in fact, Highland Elementary School has adopted the Deschutes River as their storyline for all kinds of education. This involves 400 students for ten weeks. Minutes of Board of Commissioners' Work Session Wednesday, April 11, 2012 Page 6of9 The Camp Polk Meadow Preserve was a recent project that has helped to put Whychus Creek back into its original location from fifty years ago. This helps with salmon and steelhead restoration; four weeks later fish were already found there. This will result in about 70 acres of restored wetlands. Probably about ten of the watershed councils have the opportunity to do larger projects such as this. The group has also been able to work with model watershed partners from other states in the west, to determine there is long-term effectiveness and measurable improvements. Commissioner Baney said that this helps her during budget talks so that it is clear there is truly an investment in economic development. Chair DeBone asked about some of the readings found in the Deschutes River in south County. Mr. Houston said the State is trying to determine why some segments of rivers do not meet the TMDL process. For some reason, the pH or temperature or other aspects are not normal and research will show whether this is a normal situation for that particular part of a river. 6. Discussion of Housekeeping Amendments to Code. Commissioner Baney was not present for this discussion. Paul Blikstad went over the proposed changes, many of which are meant to comply with changes in State law. At the time the Board talked about room and board arrangements, the DLCD indicated they don't care whether it is a thirty- day stay. Ms. Craghead said that statute does not explain this but it is something different than a typical bed and breakfast. Therefore, this would allow owners of EFU property to allow for bed and breakfast stays. It is the Board's call as to whether shorter stays should be allowed. This use is not listed but is not prohibited, either. The Commissioners wanted to read more about this. No one qualifies for a solar setback exemption at this time. If it is added, there would be a fee for a variance. They would also have to get the concurrence of the neighbor who would be affected. The amendment for medical hardship variances should state relatives live in both structures. Some other changes reflect State law and simplifies some language regarding the State of Oregon. Minutes of Board of Commissioners' Work Session Wednesday, April It, 2012 Page 7 of 9 The Fire District wants a certain-way to number properties that is not consistent with other entities. Ms. Craghead said some of the properties leapfrog so it would not be consistent with the City of Redmond's system. The Fire Chief requested this change. 7. Discussion of HIPPA Policy Revision. This item was delayed. 8. Other Items. Commissioner Baney was not present for discussion of the "other items " Follow-up Discussion regarding Ordinance No. 2012-004, Establishing Provisions for Agri-Tourism and Other Commercial Events and Activities, and to Amend the Winery Standards in the Exclusive.Farm Use Zone. Nick Lelack said that in regard to wildlife recommendations and the events ordinance, he now has suggested wording to address this. This reflects the eagle nesting sites plus other birds and mammals. It would reference these things in distances from structures and activities. Commissioner Unger said that the events people have a short window to do what they would like to do. Chair DeBone would like to see the generic references. Commissioner Unger wants to go forward and see how things go since you can't always know what the impacts might be. You have to start somewhere. The second issue is noise standards. Ms. Craghead said that there is a LUBA case now referenced that required DEQ standards for noise impacts. She felt that the DEQ standards are not necessarily the County's responsibility. The DEQ standards are measured from the source of the noise, and not at the property line, so it would probably end up being less restrictive than the current noise ordinance. The six-minute part is already in the OAR's. Mr. Lelack said they could reference the DEQ standards in general, or nothing at all. Ms. Craghead said that unless someone files for a stay at LUBA, the ordinance is effective at adoption, and applicants can proceed at their own risk. Mr. Minutes of Board of Commissioners' Work Session Wednesday, April 11, 2012 Page 8 of 9 Lelack said it could take months for LUBA to get around to it anyway if there was an appeal filed. They will draft two versions of these changes for the Board to review prior to the Board business meeting of April 16. Mr. Kropp said that there are two Planning Commission vacancies coming up: one at large, and one from Redmond. He asked if this should be opened up for applications for a month, then conduct interviews; and whether a Commissioner wants to be on the interview panel. Commissioner Unger asked that previous applicants be contacted to see if they are still interested. Being no further discussion, the meeting ended at 5:05 p.m. DATED this C Day of 2012 for the Deschutes County Board of Commissioner . Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: Recording Secretary Tammy l3aney, Com issioner Minutes of Board of Commissioners' Work Session Page 9 of 9 Wednesday, April 11, 2012 ~r_c+ Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.d-eschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, APRIL 11, 2012 1. Economic Development Loan Fund Request (Central Oregon Truck Company) - Roger Lee, EDCO 2. Child Support Enforcement Discussion - District Attorney's Office 3. Executive Session, under ORS 192.660(2)(e), Real Property Negotiations - Susan Ross 4. Forester Update - Joe Stutler 5. Update: Upper Deschutes Watershed Coalition 6. Discussion of Housekeeping Amendments to Code - Paul Blikstad 7. Discussion of HIPPA Policy Revision - Dave Inbody 8. 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) (c), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or QRS 192.660(2) (b), personnel issues. Meeting mates, times and discussion items are suhject 10 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 deal', 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. Q H + s ~ ,yy V Q 04 r I 4 4 j Q) ~a' ,r+ ~ bV C dq', t~- 07 01 h =1 iy\ 0 N J c a U 1 3~ C \ J, e y Q IA a E ~ ' o Z i v b1 'a L4- 0 I4k °J I~ ~a DESCHUTES COUNTY Business Development Forgivable Loan Fund Number of Employees: 215 Company Request: $50,000 EDCO Recommendation: $50,000 Proposed jobs transferred and created in Deschutes County by end of Q3 2013: 35 Average Pay for New Employees (all positions, excluding benefits): $52,905-61 Capital Investment: $4,000,000 by Q12013 Industry: Transportation and Logistics Website: www.ccntraloregontiLick.com - APPLICATION - The Business Development Forgivable Loan I''und disburses Deschutes County moneys for the purpose of increasing employment and capital investment in the county. The Fund has been established to offset the costs of business relocation to and within 1]eschutes County, including moving of equipment, purchase or constriction of facilities, and site improvements such as the extension of public services and utilities. EDCO has been designated by Deschutes County as the administrator of this fund. The magnitude of funding is dependent on job creation (typically $500- $1000 per job). Key Requirements Are: 9 Grantees must create at. least 5 new primary, permanent family wage jobs and shall have retained those jobs for at least one year. Optional: Grantees must document the investment of at least $5 of new, taxable investments for each $1 allocated from the Business Development Forgivable Loan Fund. Section I - General Information Company Name: Central Oregon Truck Company, Itic. Location (City/County): Prineville, Ctook-Relocating to Redmond, Deschutes Business Type: Long-haul, Flat-bed trucking - 48 states and Canada Industry Type: Trucking No, of 1~ mployces: 215 HQ Address: 422 NW Beaver St., Prineville, OR 97754 State & Federal Taxpayer ID: Fed - 93-1083989 State - 06888512 Company Contact: Paul Coil Title: CFO Phone: 541-416-2180x152 Email: pc oilocotruck.net Parent Company: NA Web site: Cen tralOregon Truck. com llate: March 1, 2012 Section II - Company Profile 1. Please provide a brief overview of your business. The company was founded in Central Oregon 20 years ago and began as a simple brokerage operation offour people. The Company has grown to 175 trucks and 215 employees with anticipated growth by July 1, 2012 to 206 trucks and 250 employees. The 250 employee count includes the addition of the 4 headquarters positions listed above and 31 new driving positions (driver positions average wages are $45,293, excluding benefits). While we can'tguaran teethe driving positions nilk he hired locally, we do employ a significant number of drivers who reside in Central Oregon. The company provides long-haul, flat-bed services to 48 states and most of Canada. All of the owners are Central Oregon residents and have raised their families here. The Redmond site will be new corporate headquarters, recruiting, training, maintenance operations, and will accommodate much more growth in our sales/brokerage operations. Section III - Project Activities 1. Please outline the proposed activities for these funds. I low will access to the Business Development Forgivable Loan Fund support your strategic objectives, while increasing your employment and investment in the Central Oregon region? To facilitate outgrowth, new office and improved training facilities are required. We will be constructing a 26,000 square foot facility of which a substantial portion will be dedicated to training and which will allow us space to double our office staffing "down the road'. Upon completion, which we expect before January 1, 2013, the 31 current employees working outside Deschutes County will immediately move to the Redmond facility. In addition, we anticipate a minimum growth of4 additional employees to accommodate the growth in our customer base and required brokerage services during this same time expanding yet again the number ofnew Deschutes County jobs. This is just the first step of the Company's growth plan. Section IV - Grant Terms and Conditions 1. Total 1~:m to mcnt Grantees must create. at least 5 new primary, family wage jobs (at $35,090 per year) and shall have retained those: jobs for at least one year. Please provide a quarterly projection of expected job creation, including titles and/or descriptions. Also indicate expected wages. The completion of our facility will bring 31 Headquarter employees to Redmond (not presently employed in Deschutes County) and 4 new employees at a company average annual compensation of$97,405. - see below for additional information regarding wages, excluding benefits. Quarter Ql 2013 Q2 2013 Q3 2013 Q4 2013 Total Positions 31 2 2 0 35 ,Average. Wage per new position $52,905.61 # of new positions over next 12 months 35 Please be aware that these figures do not include the 14 jobs we already have in Deschutes County. Capital Investment - Optional Although not required, capital investment plans are a helpful indicator of future plans. Grantees must document the investment of at least $5 of new, taxable investments for each $1 allocated from the Business I)evelopment Forgivable Loan Fund. Please provide a quarterly capital investment projection. Estimated new building construction costs - $4 million. In addition to the building, outgrowth plans will require us to expand our fleet equipment owned by more than $3.3 million, the orders and financing for which are already in place. 3. Primary Employer Test Grantees must be private Firms in manufacturing, high-technology, or technology-based businesses which have more than 75% of customers outside Deschutes County. What percentage of your customer base exists outside Deschutes County? 99% DESCHUTES COUNTY Business Development Forgivable Loan Fund Summary of Redmond Incentives Committee Review Meeting Appling Company: Central Oregon Truck Company, Inc. Number of Employees: 215 Company Request: $50,000 Proposed jobs transferred and created in Deschutes County by end of Q3 2013: 35 Average Pay for New Employees (all positions, excluding benefits): $52,905.61 Capital Investment: $43000,000 by Q12013 Industry: Transportation and Logistics Website: www.cetitralorc~,ont.ruck.com Meeting Date: March 9, 2012 Attendance: Applicant Paul Coil, CFO Central Oregon Truck Company Redmond Incentives Committee Review Jason Mc.Kibbin, COO MEDISISS Jim McConnell, CEO McConnell Dabs Joe Centanni, CPA Joeseph W. Centanni CPA, PC Scott Carlson, CFO Hooker Creek Companies Jon Stark, Manager Redmond Economic Development, Inc. Location: Central Oregon. Truck Company 422 NW Beaver St., Prineville, OR 97754 Meeting Summary. The REDI Incentives Review Committee met with Central Oregon Truck Company (COTC) Chief Financial Officer, Paul Coil in order to review their application for funding under the Deschutes County Forgivable Loan fund. Mr. Coil presented the plans for the proposed 26,000 square foot building they intend to construct in 2012 with an expected occupancy date in early 2013. He shared the expected job creation in the Deschutes County by moving 31 headquarters personnel at an average wage of $52,905 and the hiring of 4 additional personnel by the end of the 3"' quarter 2013. The Committee reviewed the company's comprehensive financials in order to establish that the firm would be able to execute the planned job creation and move, associated with the building construction, or be able to pay back the amount of the fund back to the County if it was unable to meet its obligations as part of the agreement.. Also, the committee discussed the COTC's market demand, client base and forecasted growth related to the capital investments noted on the application. The Committee unanimously supported the company's request for $50,000 as long as it meets the expected job totals outlined in the application. Mr. Coil asked if there could be some flexibility built into the agreement that would give them some additional time to bring these jobs than the typical one year from application date, in case there are construction delays in occupying the building by Q1 2013. Mr. Stark will inquire with the Board of County Commissioners if an 18 or 24 month time frame could be extended for this project. He noted that the program is untended to be flexible. Follow up: REDI Manager., Jon Stark will contact Deschutes County Interim Administrator Erik Kropp for a date to present the application and the Committee's recommendation for discussion and approval. /qgt 07 . BRIEFING PAPER FOR CENTRAL OREGON TRUCK COMPANY (COTC) Request for Deschutes County Forgivable Loan April 11, 2012 Company Request: $50,000 m~~ llh~~"~ ~ylpyt GMT (wt) EDCO Recommendation: $50,000 6Q,V ' Proposed Job Creation by end of Q3 2013: 35 new employees Average Pay for New Employees (all positions, excluding commissions): $52,905 Industry: Transportation & Logistics Website: -,vww.central oreaontruck.com Company Background: COTC was founded in Central Oregon 20 years ago and began as a simple brokerage operation of four people. Since that time the company has grown be the largest Central Oregon based shipping and logistics company with 175 trucks and 215 employees. COTC specializes in long-haul, flatbed service to 48 states and most of Canada. The company is preparing for significant anticipated growth in 2012, expanding to 206 trucks and 250 employees. To improve efficiency, COTC is planning to consolidate its yard operations from Terrebonne and headquarters from Prineville to a new location. Added functions at the new site will include improved facilities for training, maintenance operations and sales /brokerage. With customers across the country, the company had seriously considered relocation to the Reno, NV area - an established logistics center on the West Coast - for their consolidated operations. The City of Redmond, Oregon Dept. of Transportation, Governor's Office (Community Solutions), Business Oregon Development Department, Redmond Economic Development, Inc., and EDCO teamed to retain the company in Central Oregon. This team did a comprehensive review of potential sites in the Hwy 97 corridor, locating an industrial parcel in Redmond near the recently constructed highway re-route. Deschutes County funding through the Forgivable Loan Program will be combined with other private capital to complete construction of the new $4 million facility. EDCO Recommendation In addition to its significant economic impact as a traded-sector employer in the tri-county area, COTC provides important logistical services to area businesses, including manufacturers. Since the company specializes in flatbed transport, it serves a smaller segment of the region's logistics needs, however it is still a notable secondary benefit to retaining the company in Central Oregon. EDCO is recommending to Deschutes County an award of $50,000 or approximately $1,428 per job. Conditions include: • Construction and occupancy of a new headquarters, service and training facility in Redmond. • Combined relocation and creation 35 jobs to the new facility in Redmond within one year of occupancy. ~ YA • Maintain total employment within Deschutes County of at least 49 full time employees (14 existing in Terrebonne plus 35) for at least 12 consecutive months once the employment condition above are met. • Providing quarterly employment updates and complete financial statements from award date through termination of the yet-to-be executed agreement with Deschutes County. Failure to meet the first provision would result in not being able to access the funding, while failure on the second two could result in partial or full repayment of the loan, with interest. District Attorney Patrick J. Flaherty 1164 NW Bond Street Bend, OR 97701 www.deschutesda.org Phone: (541) 388-6520 Admin. Fax: (541) 330-4691 Felony Fax: (541) 388-6615 Grand Jury Fax: (541) 330-4698 Juvenile Fax: (541) 383-0901 DESCHUTES COUNTY CHILD SUPPORT ENFORCEMENT PROGRAM Oregon's Child Support Enforcement program is primarily supported by Federal Matching Funds and Federal Incentives Funds. The goal of the Deschutes County District Attorney's Office is to return the DA caseload (non-assistance cases) to the DA's Office to provide the best enforcement of court ordered support for the children of Deschutes County. Enforcing support for children promotes healthy family relationships, health care coverage for children, economic stability and emotional support. The Oregon Child Support Program was established in 1975 under Title IV-D of the Social Security Act. The Oregon program consists of two primary partners, the Department of Justice Division of Child Support (DCS) and County District Attorneys. (DA). In 2001 the Deschutes County DA CSE Program was transferred to the Department of Justice by an Intergovernmental Agreement. In exchange for DCS assuming Deschutes County DA's support enforcement responsibilities, DCS receives all of the Federal incentives and other funds for the program. In Oregon, Child Support caseloads are divided into two types of caseloads, the DA caseload for families and children not receiving public assistance and the DCS caseload for families and children involving current and former recipients' of public assistance where support rights are or have been assigned to the state as a condition of receiving cash assistance. CSE statewide reporting show that when the DA caseload that is assigned to a DA's office has had a higher percentage of collections than the mixed caseload. The return of the DA caseload to Deschutes County will provide increased enforcement, strengthen our partnership with DCS, and ensure that the children of Deschutes County are provided with every opportunity for the financial support they deserve. . . . . . . . . . . . . . . . . . DESCHUTES COUNTY DISTRICT ATTORNEY . PROPOSED BUDGET - CHILD SUPPORT ENFORCEMENT PROGRAM FISCAL YEAR 2013-2014 Resources: Beginning Net Working Capital I Federal Funds incentives - . $ 64,464.00 Federal Funds - 66% match $ 269,524.00 ~ i State General Funds - - $ 42,547.00 State General Funds W $25 annual fee 6 634.00 Interest Income , _ ; !Revenue - $ 383,169.00 ; "T"ransfer f, Lim County General Fund I ~ 89.. . .~r, & Transfers i t l $ 89,665.00 Total Resources $ 472,834.00 Expenditures: Deputy District Attorney i . 86,963.52 Case Management Specialist $ 49 065.91 Senior Case Management Specialist . $ 56,697:23 Receptionist _ , $ 23,476:21 Celi Phone Stipend ...._m_ i $ _ 480.00 ~ Overtime _ J . Additional Personnel estimate 40,018.00 !Salary Subtotal ' 256,700-87 ` Disability $ 983.99 Life insurance $ 596.45 Health/Dental insurance 5o „ 4 .w► ~v,a v FICA/Medicare - $ . _ 16.576.24 F PERS L - $ 27,085.36 Unemployment $ 1,122.63 Workers Comp i $ 2,390.65 Additional Personnel Benefit $ 19,710.00 Bene ,ts Subtotal $ 127,4K96 . Total Personnel Services $ 384,106.83 Interfund 5erv/Building Services ! j mm I $ 9,504.00 Interfund Serv/Admiin i $ 3,003 too . - If Cerfund Serve/BoCC "r $ 1334.00 Irtherfund Sear/Fanance $ 3,558.00 i _ Interfund Serv/Legal Counsel $ 3 21©00 3 kaerfund Serv/Personnel _ m _ _ $ 3,828-00 . ' Interfund Sere/Informat"nT $ 23 922 00 ° krderfund Serv/ITSetver $ 1,514.00 1 Repairs & Maintenanc:e," . Office EqWpoeft 500.00 ° $ pairs & Maintenance Malin $ 11500.00 Memberships & Dues F $ 300.00 - _ nference & Seminars ! ___.m_.. ~ T$LL 1,000,00 mm Ir ucation & TraIn~ng I $ 1000.00 i m Software licenses ! P ( $ 9,750.00 General Liability insurance, i $ 1,173.00 Property Damage Insurance $ 431.00 Printing & Binding B $ 500.00 Travel/Meals $ 500.00 Travel/Accomodations $ 1,00000 Travel/Mileage Reimb. 1,000.00 Computer Supplies 00.00 : Office Supplies _W.. _ ! $ . 1,000.00 Postage/Freight Out $ 500,00 . Books i $ 20000 Minor Tools & Equipment 8,000:00 Computers & Peripherals 51000.00 i Total Materials & Services 83,727.00. Machinery & Equipment/Copier ; I t f $ 5,000.00 Total Capital Outlay W ~ 5.000 00 Total Expenditures r , $ 472,833.83 Net Re?sources/(Deficit) for Fiscal Y _ ar ~ $ 0.7.7 N H 9 C OJ E E rn CLO 0 a a C O U Cl) 0 L V a 0 co m Ln L ,r 00 00 tD CD D o v rn 0Q10 , AA, Vl N (D '7• -0 lzl. r,u Lrn 6 ' [n LL cy) Ln to Ln V1. ~ C C tU C C c o C Qa U 00 N n G1 +C ` N 00 ~t rq C"~ LL u) L fire) 'f!} - N 111 ' ~ NL t~ L Ln 00 Ln m N (mD (D p QJ C r m N N ii n n er :L Ln (3) (D ° ?Omtr b 00 1.n LO ll. 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J O t o o r Q O , 1v rC C F O N l0 CC O E C' L C L C N C O O O C= r, ~ Q J F- i F O O N .Y N O fo O L O O y C O h 'C E m ` O U u m m m C G N ro E m V N 6C1 N O O P m N u j, f CL .Ni a 0 ti April 11, 2011 Forester Update Deschutes County Commissioners Agenda Program Update Since the last update the following accomplishments have occurred: • Resolved Grant 1 of the FEMA grant where Deschutes County had approximately $180,000 fiscal liability. We are awaiting the formal documentation from FEMA. • Working to resolve Grant 2, two areas of concern are Starwood and Aspen Lakes where work occurred based on my interpretation of the EA, we continue to make progress but may need additional intervention by the congressional delegation. It rest with FEMA's interpretation of EA coverage versus Deschutes County. • Grant 3, we are finalizing the Scope of Work again and still remain optimistic we will have the environmental assessments complete and finalizing the $3 million grant by September. • Finalized the qualified pool concept with 24 bidders. • Finalized the Spring FireFree Program and will treat fuels in 14 neighborhoods this spring and summer utilizing remaining grants. • Completing the final draft of the East West CWPP, expect to complete by June and then will move on to the update of the Upper Deschutes Coalition CWPP. • Continued involvement with the Deschutes Collaborative Forest Restoration project with significant progress made with both input to environmental assessments and work on the ground within the project area. • Close to finalizing the $300,000 grant with the FS for the County Forester to provide leadership for the National Cohesive Wildland Fire Strategy. • Participated in the IAFC WU1 Conference in Reno with over 500 participants. Commissioner Unger was able to attend to present the efforts locally with the Deschutes Collaborative and both Katie Lighthall and I made presentations on fire adapted communities using the Project Wildfire model and the Cohesive Strategy. • Completed four grinding operations and successfully closed the disposal sites on county owned lands. We ground over 20,000 yards of defensible space material which equates to over 2,000 acres treated since last fall. Again, this material was all contributed by our sweat equity program. • Completed an agreement with Solid Waste to utilize existing facilities for our sweat equity and other fuels management programs. The exciting news that all materials brought in by FireFree effort count towards recycling credits for Solid Waste and we will now go back for the last several years to document those estimates. We conservatively estimate over 400,000 cubic yard of recycled materials which equates to over 40,000 acres treated, and over 100,000 green tons of material. • Working in conjunction with the City of Bend, Parks and Recreation and William Smith Properties we successfully treated 39 acres on the south slope of Awbrey Butte which was the largest piece of open space remaining. This fuels treatment substantially reduced the wildland fire threat and our costs/contributions were only $4,000 which was paid using existing grants. • We partnered with the City of Bend, Oregon Department of Forestry and Rim Rock West to create another FireWise Community in Bend with effort continuing to identify others. We now have 11 FireWise Communities in Deschutes County. • Successfully advertised the Assistant County Forester Position with approximately 40 applicants. Future Considerations Assistant County Forester position: l have successfully screened 37 applicants for the Assistant County Forester position. The position officially closes on April 8, 2012. I expect a few more applicants and will screen those on Monday and have used the following criteria for the "best qualified" and those deserving of an interview: • Combination of experience and education to successfully perform the duties. • Experience with Community Fire Plans including the development, maintenance and understanding of the .1 lealthy forest Restoration Act and the implications of CWPP in relation to community/stakeholder involvement and actions by the federal agencies for treating fuels on public lands. • Wildland fuels and fire experience in Central Oregon fuel models, and ICS experience and qualifications which would enable the applicant to deal with wildland fires, fuels treatments, evacuations including coordination with law enforcement and respective local, state and federal agencies with wildland fire jurisdictional responsibilities. • Knowledge of local, state and federal wildland fire laws and policy. • Knowledge of applicable environmental laws and best management practices. Using these evaluation criteria I have narrowed the field to eight highly qualified candidates and will be coordinating the interviews with a target date of June I" of the successful candidate to begin work. Unprotected Lands Designation of Fire Chief for the County Forester Historical Perspective: In Deschutes County there are approximately 175,000 acres of unprotected lands. Simply stated these lands have no organized structural or wildland response, the lands are not within a designated fire district and in all cases are immediately adjacent to other jurisdictions. These lands generally are covered by law enforcement and ambulance service districts. These lands are generally north and west of Redmond, west of Bend between Bend and Sisters, all of Alfalfa and lands in eastern Deschutes County but including the communities of Milican,.Brothers and Hampton. There are approximately 350 homes located within the unprotected lands. The purpose of this preliminary discussion is for the County Commissioners to consider formally designating the County Forester as the wildland fire Chief for the unprotected lands in Deschutes County. The rationale for this recommendation is as follows: • Deschutes County has both defensible space and open burning ordinances in place and the County Forester has officially been deputized by the County Sheriff to enforce these regulations. • These acres are currently covered by Community Fire Plans and classified by Senate Bill 360 defensible space standards. • It is inevitable that these unprotected land will experience a significant wildland fire in future years and other than a law enforcement response for evacuations, Deschutes County has no formal process for taking the appropriate action for a wildland fire response. The range of actions may include, do nothing, request assistance by hire of cooperating agencies wildland fire apparatus and staffing to successfully mitigate the loss of life and property in the unprotected lands, and in perhaps the worst case scenario request State Fire Marshall assistance under the Conflagration Act which mobilizes sufficient resources to protect homes and property from damages of a wildland fire. • The County Commissioners have statutory authority under 401.309' Declaration. of state of emergency by city or county and 401.305' Emergency management agency of city or county, to formally delegate those emergency decisions by a qualified person during these situations. • Currently if a wildland fire occurred where communities, structures and property were threatened, the County Forester would respond but the question of authority, decision space, fiscal responsibilities are unknown. • The consequences of failure without a programmatic strategic plan in place are simply too high. • From a risk management perspective, Deschutes County must identify those circumstances where the appropriate actions would be taken, decisions made by a qualified and competent wildland fire professional and within the purview of existing statutory authorities. U w ~ Deschutes County Board of Commissioners 1.300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board WORK SESSION of Wednesday, April 11, 2012 Please see directions for completing this document on the next page. DATE: March 22, 2012 FROM: Paul Blikstad Department CDD Phone # 6554 _TITLE OF AGENDA ITEM (scheduled for Apri123): Public I-Tearing, First and Second Readings by Title Only, and Adoption, by Emergency, of Text Amendment File No. TA-12-2, Housekeeping Text Amendments to incorporate minor changes to State Law to Deschutes County Code Title 18, Chapter 18.16, Exclusive Farm Use Zones, and Chapters 18.36 and 18.40, Forest Use Zones. Adding provision for a solar setback variance under 18.116.180. Amend the provision for a medical hardship dwelling to expand upon what constitutes a family member. • Adding to the definitions section of Title 18 (18.04.030) "Room and Board Arrangement". • Amending the definition of Property Line Adjustment under Title 17 (17.08.030). Amending the address code to make it consistent with addressing protocol for the Redmond Fire and Rescue area. • Deleting Chapter 2.48 of the DCC, Deschutes Basin. Resource Committee. Amending Chapter 17.44 of Title 17, park development chapter for partitions and subdivisons. Amending the definition of residential home and residential facility under Chapter 18.04. PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: This is a County initiated housekeeping text amendment process, County Planning Commission at their meeting on March 8, 2012, recommendation has been forwarded to the Board. FISCAL IMPLICATIONS: None. which was reviewed by the Deschutes The Planning Commission's RECOMMENDATION & ACTION REQUESTED: Conduct public hearing; do first and second readings by title only, and move adoption by emergency of text amendment Ordinances in order to comply with changes in State law. ATTENDANCE: Paul Blikstad, Nick Lelack DISTRIBUTION OF DOCUMENTS: If the Ordinances for the proposed changes are adopted by the Board, Planning Staff will forward the necessary copies to the Department of Land Conservation and Development. Community Development Department Planning' Division eullding Safety Division. Environmental Soils Division ~ 44 , P.O. Box, 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www,co.deschutes.or.us/odd/ MEMORANDUM DATE: March 29, 2012 TO: Board of County Commissioners FROM: Paul Blikstad, Senior Planner RE: Housekeeping amendments to the Deschutes County Code; File no. TA-12-2 I was assigned the task of updating our code for several housekeeping amendments to the code. Specifically, there have been changes to state law for the Exclusive Farm Use and Forest Use zones. We have updated these chapters of Title 18 to be in conformance with changes made at the state level to the statutes and administrative rules. Additionally, we have other changes that need to be made. These include: • Adding a definition of "room and board arrangement." • Establishing a provision for a solar setback variance. • Amending the code for medical hardship dwellings to expand upon who constitutes a "relative." • Very minor change to the definitions of residential facility and residential home. • Amending the addressing chapter to reflect the Redmond Fire and Rescue addressing protocol. • Deleting (repealing) Chapter 2,28 of the code, the Deschutes Basin Resource Committee. • Amending the definition of "property line adjustment." I have scheduled a work session for Wednesday, March 11th, and a public hearing for the proposed amendments for Monday, March 23rd Please contact me at your convenience if you have any questions. Quality Services Performed With Pride Housekeeping Code Changes - CDD Initiated Title 18 Changes Miscellaneous Title 18 change s Proposed Change Reason for Change Effect Add definition of "Room and Establish this definition to The change will provide a Board Arrangement" in have the County code be definition of room and board 18.04.030. Staff notes that consistent with the Board's arrangements, listed in the we have received comments decision on CU-10-2, or in the EFU zone as a conditional from DLCD indicating we do alternative, allow for any use. Given the limitations on not need to be as strict as the overnight stay in the EFU no more than 4 rooms, and language that was proposed zone (i.e. it doesn't have to be DLCD comments, staff in the Board's decision on CU- a minimum 30-day stay). believes that "room and board 10-2, a conditional use for DLCD staff has submitted into arrangements" can be used room and board arrangements the record comments as a substitute for bed and in the EFU zone. indicating they are fine with breakfast inns. Staff believes the County using the room that having a 30-day minimum and board arrangements stay requirement will prevent provision essentially for bed most, if not all, "room and and breakfast inns. board arrangements" from becoming a reality. Add provision for a solar Staff believes there are This provision will provide setback variance under instances where a solar greater flexibility to allow solar Building Setbacks 116.180 18 variance is appropriate, and variances, which will require , . for the Protection of Solar there is no current provision to concurrence from the Access. allow them. person/owner most affected b the variance. Amend the provision for a Currently we have two The change will make the medical hardship dwelling to different references for who references in DCC allow a broader range of what constitutes a "relative" for 18.116.090(C) and family members constitute a medical hardship dwelling 18.16.050(H) for a "relative" "relative." purposes. Staff prefers that consistent with each other. we make them exactly the same (EFU zone and all other zones). Amend Chapters 18.36 and A few minor changes to these The changes proposed will 18.40 (Forest Use Zones) to chapters are necessary. Add make our forest zones be consistent with OAR 660 two uses that are in OAR's: consistent with the OAR's for Chapter 006. Permanent facility for the forest zoned land. primary processing of forest products, and firearms training facility. Change the reference in the This very minor change will No effects of any substance. definitions of `residential allow us to leave the language facility" and "residential home" as is, should the state change to a generic "State of Oregon" which agency handles in case the state changes the licensing of these facilities. name of DHS in the future. Exclusive Farm Use Zone Changes Amend the provision/use in The DCC needs to be Churches proposed within 3 Chapter 18.16 for churches to consistent with RLUIPA and miles of an urban growth be consistent with RLUIPA, OAR Chapter 660 Division 33. boundary that have an and Oregon Administrative enclosed structure with a Rules (OAR) Chapter 660 design capacity of 100 or less Division 033. people will not require a goal exception. Amend the code to allow DLCD amended OAR 660- The proposed changes will be temporary workforce housing 033-0130 to provide for consistent with the OAR for power generation facilities. temporary workforce housing changes and allow workforce (DCC 18.16.040, Limitations for construction workers at housing on a temporary basis. on Conditional Uses) new energy generation facilities. Amend the Guest Ranch House Bill 2753 established The changes will allow our listing in 18.16.037 to additional restrictions on code to be consistent with HB incorporate HB 2753, and where guest ranches could be 2753 (State Law). extend the sunset clause to located and extended the January 2, 2018. sunset clause for the guest ranch use to Janua 2, 2018. Amend the subsections that House Bill 3290 was adopted The change adds the wording allow farm-related dwellings to and becomes effective in "based on the average farm incorporate HB 3290, which 2012. Our code will then be revenue earned on the tract in slightly changes how farm consistent with State law. the highest three of the last income can be determined. five ears." Add wind power generation Wind power generation Adding these two uses will facilities, and photovoltaic facilities and photovoltaic make our code consistent with solar power generation solar power generation the OAR provisions. facilities as uses under the facilities have been added to conditional use permit section the list of uses potentially (18.16.030). allowed in the EFU zones under OAR 660-033-0120. Amend the income test This bill changed the income This provision gives standard for "farm" dwellings test for "farm" dwellings to add somewhat more flexibility for by adding language adopted the following: "Based on the obtaining approval of a "farm- through HB 3290. average farm (income) related" dwelling. revenue earned on the tract in the (best) highest three of the last five ears." Miscellaneous Code Changes: Amend DCC Chapter 16.12, Addressing, to have our address code be consistent with addressing for Redmond Fire and Rescue, which is different than the rest of the Redmond Fire and Rescue has a 4-digit address system, as well as a different grid system than the rest of the county. Additionally, for east- west oriented roads, the The address code changes will allow the code to be consistent with the addressing system and numbering for Redmond Fire and Rescue. County. numbering system is different than the rest of the county. Delete Chapter 2.48 of Title 2 The Deschutes Basin This will delete the code of the Deschutes County Resource Committee no language which established Code, Administration. This longer exists, and has not the DBRC in 1985 as part of chapter established the existed for at least 7 years. the Deschutes River Study. Deschutes Basin , Resource Staff believes that this chapter Committee. is no Ion er necessar . Amend the definition of Our code does not match the The change will make our "Property Line Adjustment" in language in ORS Chapter 92 code consistent with the DCC 17.08.030 to make it for a property line adjustment. definition in ORS 92.010(12), consistent with ORS Staff believes our code needs which we are currently using. 92.010(12). to be consistent with State Law. "Room and board arrangement" means an owner occupied sin le-famil dwelling unit where lodging and meals are provided, in which no more than four uest rooms are provided for no more than five unrelated guests. (A Quest shall not rent for a time period of less than 30 days. 18.116.180. Building Setbacks for the Protection of Solar Access. A. Purpose. The purpose of DCC 18.116.180 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, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community - La Pine, 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, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community - La Pine, shall meet the following standards for a solar setback from the north lot line, except as provided in DCC 18.116.180(B)(3): 1. South Wall Protection Standard. The south wall protection standard is based on an eight-foot solar fence on the subject property's north lot line which allows solar radiation on a neighboring building's south wall above two feet from the ground, assuming a 20-foot setback from the common property line to the neighboring building. Solar setbacks for the south wall protection standards can be calculated with the diagram in Appendix A-1 or estimated with the table in Appendix A-2. Final determination of solar setback distance is made by entering the following variables into the Deschutes County Shadow Length computer program: a. Pole height; b. The eight-foot fence height; c. The scale of the plot plan submitted in feet per inch; and d. Degrees of slope of the land from east to west and from north to south. e. If a setback meeting this requirement 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 or Hearings Body, 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 18.116.180(B)(2). 2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot solar fence on the subject property's north lot line which allows for solar radiation on a neighboring building above eight feet from ground level and assuming a 20 foot setback from the common boundary line to the neighboring building. Solar setbacks for this standard can be calculated using the diagram in Appendix B-1 or estimated using the table in Appendix B-2. Final determination of the setback will be made using the Shadow Length computer program by specifying a 14-foot solar fence and additional site specific information as listed in DCC 18.116.180(B)(1). 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; and b. That the structure is built with its highest point as far to the south as feasible; and 1) 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; 2) That it is a permitted or conditional use for the lot. 4. Exemptions. a. The governing body may exempt from the provision of DCC 18.116.180 any area where it is determined that solar uses are not feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zones in which taller buildings are planned. b. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 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 or Hearings Body. c. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure is in conformance with a solar height restriction as provided in DCC Title 17, the Subdivision/Partition Ordinance, as amended. 5. Variances. a. The Plannin Director or Hearing-, Bod ma authorize a variance from the requirements of DCC 18.116.180. A variance may be ranted unqualifiedly or ma be ranted subject to rescribed conditions rovided that the Plannin Director or Hearin s Body shall make all of the following findings. i. The variance does not reclude the reasonable use of solar ener or insolation b future buildings on the roe to be shaded, ii. The variance does not diminish an solar access which benefits a habitable structure on adjacent lot or arcel b. The owner or owners of all propelly to be shaded shall si n and record with the Coun Clerk a release form supplied by the County, which contains the following information: i. The notarized signatures of all owners or registered leaseholders who hold an interest in the property being shaded; ii. A statement that the solar access rovided in DCC 18.116.180 is waived for that articular structure and the County is held harmless for an damages resulting from the waiver. iii. A statement that the waiver applies only to the specific building or buildings to which the waiver is anted' and iv. A description and drawing of the shading_which would occur. (Ord. 2012-007 §2, 2012; Ord. 2006-035 §2, 2006; Ord. 2004-013 §12, 2004; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 83-037 §3, 1983) 18,116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for Medical Condition. A. A temporary use permit for one manufactured home of any class or one recreational vehicle on a lot or parcel in addition to an existing dwelling may be granted when a medical condition exists. B. The person with a medical condition must be either one of the property owners or a relative of one of the property owners. C. For the purposes of this section, a relative is defined as a grandparent, step-grandparent, grandchild, parent, stepparent, child, step-child, brother, of sister, sibling, step-sibling,_ either blood or legal relationship, niece, nephew, uncle aunt or first cousin. D. Such medical condition must be verified by a doctor's written statement, which shall accompany the permit application. E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC 18.116.090. F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and disconnected from any electric, water or sewer facility connection for which a permit has been issued not later than 90 days following the date the medical condition requiring the temporary use permit ceases to exist. G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and shall meet the minimum setbacks for the zone in which it is located. H. The applicant shall obtain all necessary permits from the County Building and Environmental Health Divisions prior to initiating the use. (Ord. 2012-007 § 2, 2012; Ord. 2008-022 § 2, 2008; Ord. 91-005 §45, 1991; Ord. 89-004 §5, 1989) Chapter 18.36. FOREST USE ZONE - F-1 18.36.010. Purpose. 18.36.020. Uses Permitted Outright. 18.36.030. Conditional Uses Permitted. 18.36.040. Limitations on Conditional Uses. 18.36.050. Standards for Single-Family Dwellings. 18.36.060. Siting of Dwellings and Structures. 18.36.070. Fire Siting Standards for Dwellings and Structures. 18.36.080. Fire Safety Design Standards for Roads. 18.36.085. Stocking Requirement. 18.36.090. Dimensional Standards. 18.36.100. Yards and Setbacks. 18.36.110. Stream Setbacks. 18.36.120. State Law Controls. 18.36.130. Rimrock Setbacks. 18.36.140. Restrictive Covenants. 18.36.010. Purpose. The purpose of the Forest Use Zone is to conserve forest lands. (Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991) 18.36.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set forth in DCC 18.36 and any other applicable provisions of DCC Title 18. A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. B. Temporary on-site structures, wish that are auxiliary to and used during the term of a particular forest operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here, temporary structures are those which are portable and/or not placed on a permanent foundation., and which are removed at the conclusion of the forest operation requiring its use. For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land, wish that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded. C. Physical alterations to eem-ner-ei l f -est the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter 527) and Goal 8. Gravel extraction and processing not covered by DCC 18.36.020 is governed by DCC 18.52. D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources. E. Farm use as defined in ORS 215.203. F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment which that provides service hookups, including water service hookups. Chapter 18.36 1 (04/2012) G. Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use. H. Exploration for mineral and aggregate resources as defined in ORS 517. 1. Towers and fire stations for forest fire protection. J. Widening of roads within existing rights of way in conformance with the transportation element of the comprehensive plan including public road and highway projects as described in ORS 215.283(1) (k) thr-oug1i (n). K. Water intake facilities, canals and distribution lines for farm irrigation and ponds. L. Uninhabitable structures accessory to fish and wildlife enhancement. M. Alteration, restoration or replacement of a lawfully established dwelling that: 1. Has intact exterior walls and roof structure; 2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; 3. Has interior wiring for interior lights; 4. Has a heating system; and 5. In the case of replacement, is removed, demolished or converted to an allowable use within three months of completion of the replacement dwelling. N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006. (Ord. 2003-007 § 1, 2003; Ord. 94-03 8 § 1, 1994; .Ord. 92-025 §2, 1992; Ord. 91-020 § 1, 1991; Ord. 91-002 §8, 1991) 18.36.030. Conditional Uses Permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18. A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring its use. D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. E. Log scaling and weigh stations. F. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. G. Private parks and campgrounds. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 4. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a ark or other outdoor natural ameni that is accessible for recreational use b the occupants of the campground. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites. A Campingsites may be occupied by a tent, travel trailer or recreational vehicle. Separate sewer, water or electric service hookas shall not be provided to individual campsites except that electrical service may be -provided to rts allowed for b OAR 660-006-0025(4)(e)(C). Campgrounds shall not include intensively developed recreational uses Chapter 18.36 2 (04/2012) such as swimming pools, tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. cam in No more than one-third ar a A rivate cam ound ma rovide urts for overnight maximum of 10 campsites, whichever is smaller mq include a rt. The rt shall be located on the ground or on a wood floor with no permanent foundation. As used in this rule " rt" means a round domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-upor internal cooking appliance. H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18.36.030(D). 1. Television, microwave and radio communication facilities and transmission towers. J. Fire stations for rural fire protection. K. Commercial Uutility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception is taken pursuant to Oregon Administrative Rules 660, Division 4. L. Aids to navigation and aviation. M. Water intake facilities, related treatment facilities, pumping stations and distribution lines. N. Reservoirs and water impoundments. 0. Cemeteries. P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. electrical, gas, oil, geothermal telephone, fiber optic cable) with rights of way 50 feet or less in width. Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. R. Ty~~ Home Occupations, subject to DCC 18.116280. S. Expansion of existing airports. T. Public road and highway projects as described as ORS 215.283(2) (p) thfaugh (r-) and 215.283(3). U. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of DCC Title 18 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and 4. Accommodations must be located within one-quarter mile of fish bearing Class T Type F waters. V. Forest management research and experimentation facilities as defined described by ORS 526.215 or where accessory to forest operations. W. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120.050 and 18.128.270. X. A manufactured home in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative as defined in ORS 21.5.283. As used in this section "hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.36.040 and 18.36.060 of this chapter. The manufactured home shall use the same subsurface sewage disposal system used by the existing dwellings if that disposal system is adequate to accommodate the additional dwelling. If the manufactured dwelling will use a public sanita sewers stem such condition will not be required. A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025 (3)(p). Y. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, as pursuant to DCC 18.36.050. Chapter 18.36 3 (04/2012) Z. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040 whichever is applicable. AA. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; and 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission. BB. Any outdoor mass gathering subject to review by a county planning commission under the provisions of ORS 433.763. These gatherings are those of more than 3,000 persons which that continue or can reasonably be expected to continue for more than 120 hours within any three-month period and any part of which is held in open spaces. CC. Permanent storage and repair of logging equipment. DD. Permanent facility for the primary processing of forest products. EE. _ Firearms training facility. (Ord. 2012-020 §3, 2012; Ord. 2007-020 §3, 2007; Ord. 2004-002 §5, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8,1986) 18.36.040. Limitations on Conditional Uses. A use authorized by DCC 18.36.030 must meet the following requirements. These requirements are designed to make the use compatible with forest operations and agriculture and to conserve values found on forest lands. A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agricultural or forest lands. B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel. C. Prior to final approval of any the uses listed in DCC 18.36.030(G, N, R, U, X) , the land owner shall sign and record in the County Clerk's office a written statement recognizing the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules. (Ord. 94-038 § 1, 1994; Ord. 927025 §2, 1992; Ord. 91-020 § 1, 1991) 18.36.050. Standards for Single-Family Dwellings. A. General provisions. 1. Dwellings listed as a conditional use under DCC 18.36.050 shall meet the following standards: a. One of the alternative tests set out in DCC 18.36.050(B) (lot of record dwelling), (C) (large tract dwelling), or (D) (template dwelling); b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the County Clerk covenants, conditions and restrictions (on a form substantially similar to that set forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by the County Planning Director, or his authorized representative. c. No other dwellings shall be located on the tract. d. The applicant shall provide evidence that any domestic water supply is from a source authorized in accordance with the Department of Water Resources Oregon Administrative Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or Chapter 18.36 4 (04/2012) surface water (Oregon Administrative Rules 690, Division 20) and not from a Class H stream as defined in the Forest Practices Rule (Oregon Administrative Rules ch~ ater 629-244-0404). For purposes of DCC 18.36.050, evidence of a domestic water supply means: i. Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water; or ii. A water use permit issued by the Water Resources Department for the use described in the application; or iii. Verification from the Water Resources Department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well construction report to the County upon completion of the well. e. If road access to a dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the Bureau of Land Management or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance. 2. In addition, dwellings listed as a conditional use under DCC 18.36.030(Y) shall be subject to the following standards or conditions: a. The conditional use standards set forth in. DCC 18.36.040; b. The siting criteria set forth in DCC 18.36.060; c. The fire siting standards set forth in DCC 18.36.070; d. The fire safety design standards for roads set forth in DCC 18.36.080; e. The stocking requirements set forth in DCC 18.36.085, if applicable; and f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan. 3. Dwellings in forest zones shall not be subject to conditional use standards. 4. Approval of a dwellin in the forest zone under DCC 18.36 shall include a condition of approval re uirin that the landowner si n and record in the deed records for the County a document bindin the landowner, and the landowner's successors in interest rohibitin them from ursuin a claim for relief or cause of action alleging injury from farming or forestry practices for which no action or claim is allowed under ORS 30.936 or 30.937. B. Lot of Record Dwelling. For approval under DCC 18.36.050(8), a single-family dwelling shall meet the following requirements: I. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1, 1985 and was acquired and owned continuously by the present owner either prior to January 1, 1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to January 1, 1985. For the purposes of DCC 18.36.050(B), "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the owner or a business entity owned by any one or combination of these family members. 2. The dwelling woul must be located on a tract that is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and either paved or surfaced with rock and shall not be a Bureau of Land Management (BLM) road, or a United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction, and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency. For the purposes of DCC 18.36.050, "public roads" are those roads in which the public has a right of use that is a matter of public record. Chapter 18.36 5 (04/2012) C. D For the purposes of DCC 18.36.050, "commercial tree species" means trees recognized for commercial production under administfative rules adopted by the Oregon Department of Forestry pursuant to under ORS 527.715 fer- . 3 The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwellings exists on another lot or parcel that was part of the tract. 4. When the lot or parcel on which the dwelling will be sited is art of a tract the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed. -35 For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed dwelling would be consistent with the limitations on density as applied under the applicable density restrictions of DCC 18.88. Large Tract Dwelling. For approval of a single-family dwelling under DCC 18.36.050(C), the subject property shall consist of at least 240 contiguous acres or 320 acres in one ownership that are not conti ous but are in the same coup or adjacent counties and zoned for forest use. A deed restriction shall be filed pursuant to DCC 18.36.140 for all tracts that are used to meet the acreage -requirements of this subsection. A tract shall not be considered to consist of less than 240 acres because it is crossed b a public road or a waterway. Template Dwelling. For approval under DCC 18.36.050(D), a single-family dwelling shall meet the following requirements: 1. The lot or parcel is predominantly composed of soils that are: a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if- i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and ii. At least three etheF dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if- i. All or part of at least 1 I other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. d. Lots or parcels within urban growth boundaries shall not be used to satisfy the template requirements under this subsection. 2. Requirements of Applying Template a. If a tract 60 acres or larger described in DCC 18.36.050(D) abuts a road or perennial stream, the measurement shall be made by using a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible aligned with the road or stream. b. If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings shall be on the same side of the road as the proposed dwelling. However, one of the three required dwellings shall be on the same side of the road or stream as the tract and: i. Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible aligned with the road or stream; ii. Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract. Chapter 18.36 6 (04/2012) c. If a tract reviewed under DCC 18.36.050(D) abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road. (Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991) 18.36.060. Siting of Dwellings and Structures. All new dwellings and structures approved pursuant to DCC 18.36.030 or permitted under DCC 18.36.020 shall be sited in accordance with DCC 18.36.060 and DCC 18.36.070. These criteria are designed to make such uses com atible with forest operations and a iculture to minimize wildfire hazards and risks and to noio., nd conserve values found on forest lands These criteria shall include the following: Rt,.a.cu= and A. Has the least impact on nearby or adioinin adjaeeol lands .ed €er forest or agricultural lands we; B. Ensures that adverse impacts on forest operations and accepted farming practices on the tract will net be minimized eued-of ceded; C. Minimizes the amount of forest lands used to site faF the dwelling and structures be+hl+ng site, road access and service corridors; and D. Consistent with the applicable provisions of DCC 18.36.070, minimizes the risks associated with wildfireLand. E. Sitin criteria satis in the above ma include setbacks from ad'oinin ro erties clusterin near or amon existin structures sitin close to existin roads and sitin on that portion of the parcel least suited for growing trees. (Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992) 1.8.36.070. Fire Siting Standards for Dwellings and Structures. The following fire siting standards shall apply to all new dwellings and permanent structures (including permitted uses), except as otherwise noted: A. Access 1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire protection or is required under DCC 18.36.070, then road access to within 15 feet of the water's edge shall be provided for pumping units. The road access shall be constructed and maintained to accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source. 2. Road access to the dwelling or structure shall meet the road design standards described in DCC 18.36.080. B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following firebreaks on land surrounding the structures that is owned or controlled by the owner: 1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders or other similar materials. 2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental shrubbery or individual or groups of trees separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, Chapter 18.36 7 (04/2012) whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the beginning of the coming fire season. 4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chimney. C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope greater than 40 percent. D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing shall obtain an address from the County address coordinator and shall display that number in a location of the property that is clearly visible from the road used as the basis for numbering. The numbers shall not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply with all other applicable standards for signs. E. Structural Standards. 1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof sprinklers are not an acceptable alternative to this standard. 2. If the dwelling or structure has a chimney, it shall have a spark arrester. F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing shall be located upon a parcel for which fire protection services are available or where alternative protective measures are authorized by DCC 18.36.070(F). 1. For the purposes of DCC 18.36.070 fire protection services are available if the parcel is located within the boundaries of a fire protection district or residential fire protection service is provided by contract, as evidenced by a written, signed contract. 2. If the dwelling or structure is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included in the nearest such district. 3. If the parcel is not located within a fire protection district and it is determined, following application for inclusion within the nearest such district, that inclusion in the district would be impracticable, alternative means of fire protection shall be allowed, consistent with the following standards: a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For caretaker residences or single-family residences, such a sprinkler system shall be installed to the minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in One and Two-Family Dwellings." b. The dwelling shall have on-site water storage capability from a swimming pool, pond, lake, or similar water body of at least 4,000 gallons or a stream having a continuous year round flow of at least one cubic foot per second. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversions have been obtained or that such permits or registrations are not required under state law for the use. (Ord. 2004-013 §3, 2004; Ord. 2003-007 § 1, 2003; Ord. 94-038 § 1, 1994; Ord. 92-025 §2,1992) 18.36.080. Fire safety Design Standards for Roads. The following standards apply to all roads and driveways, except for private roads accessing only commercial forest uses, which access uses permitted under DCC 18.36.020 or approved under DCC 18.36.030. A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle weight (GVW) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a Professional Engineer, registered in Oregon. Chapter 18.36 8 (04/2012) B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an unobstructed vertical clearance of not less than 13.5 feet, and provide an all-weather surface. C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be maintained for turning of fire fighting equipment. D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches. Variations from these standards may be granted by the fire service having responsibility for the area when topographic conditions make these standards impractical and where the local fire protection district states their fire fighting equipment can negotiate the proposed road grade. (Ord. 92-025 §2, 1992) 18.36.085. Stocking Requirement. All dwellings approved under DCC 18.36.050 shall be subject to the provisions of DCC 18.36.085. A. Stocking Requirement. 1. Dwellings approved under DCC 18.36.050 shall include a condition requiring the owner to plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements specified in Department of Forestry administrative rules in force at the time the approval is granted. 2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to the county assessor and the assessor will verify that the minimum stocking requirements have been met by the time required by Department of Forestry rules. B. Reporting Requirements. 1. The Planning Director or his designee shall notify the County Assessor of any stocking requirement condition at the time the dwelling is approved. 2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor shall verify that the minimum stocking requirements have been met by the time required under Department of Forestry rules. The assessor shall inform the Department of Forestry in cases where the property owner has not submitted a stocking report or where the survey report indicates that minimum stocking requirements have not been met. 3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the decision of the Department of Forestry. If the department determines that the tract does not meet those requirements, the department shall notify the owner and the Assessor that the land is not being managed as forest land. The assessor shall then remove the forest land designation pursuant to ORS 321.359. The tax penalty imposed by the Assessor under DCC 18.36.085 shall be the only sanction for failure to meet stocking requirements. (Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994) Chapter 18.36 9 (04/2012) 18.36.090. Dimensional Standards. In an F-1 Zone, the following dimensional standards shall apply: A. The minimum lot size is 80 acres; or B. Land divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC 18.36.030(D) through (O), provided that those uses have been approved pursuant to DCC 18.36.040. Such division shall create a parcel that is the minimum size necessary for the use. C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet in height, except as approved under DCC 18.120.040. (Ord. 94-038 § 1, 1994; Ord. 92-055 §4, 1992; Ord. 92-025 §2, 1992; Ord. 83-037 § 10, 1983) 18.36.100. Yards and Setbacks. A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector and 100 feet from a property line fronting on an arterial. B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet. C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest land shall have a minimum rear yard of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Ord. 95-075 § 1, 1995; Ord. 94-008 § 18, 1994; Ord. 92-025 §2, 1992; Ord. 83-037 § 11, 1983) 18.36.110. Stream Setbacks. All sewage disposal installations such as vault toilets, septic tanks and drainfield systems shall be set back from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. (Ord. 92-025 §2, 1992) 18.36.120. State Law Controls. Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.36 conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder, state law shall control. (Ord. 92-025 §2, 1992) 18.36.130. Rimrock Setbacks. Setbacks from rimrock shall be as provided in DCC 18.116.160. (Ord. 86-053 §8, 1986) 18.36.140. Restrictive Covenants. Restrictive covenants required under DCC 18.36 shall substantially comply with the form set forth below: "Declaration of Covenants, Conditions and Restrictions: Whereas, the undersigned hereinafter referred to as "Declarant," is owner in fee simple of the property described in Exhibit A attached hereto and incorporated by reference herein; and Chapter 18.36 10 (04/2012) Whereas, the Declarant desires to declare his/her intention to create certain covenants, conditions and restrictions in order to effectuate and comply with the requirements of Oregon Administrative Rule (OAR) 660-06-027; Declarant hereby declares that all of the property described on Exhibit A shall be held, sold, and conveyed subject to the following covenants, conditions and restrictions: It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling. These covenants, conditions and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed, and the authorized representative of the County or counties in which the property subject to these covenants, conditions and restrictions are located executes and records a release of the covenants, conditions and restrictions created by this instrument. In witness whereof, the undersigned, being Declarant herein, has heretofore set their hand this day of " (Ord. 94-038 § 1, 1994) Chapter 18.36 11 (04/2012) Chapter 18.40. FOREST USE ZONE - F-2 18.40.010. Purpose. 18.40.020. Uses Permitted Outright. 18.40.030. Conditional Uses Permitted. 18.40.040. Limitations on Conditional Uses. 18.40.050. Standards for Single-Family Dwellings. 18.40.060. Siting of Dwellings and Structures. 18.40.070. Fire Siting Standards for Dwellings and Structures. 18.40.080. Fire Safety Design Standards for Roads. 18.40.085. Stocking Requirement. 18.40.090. Dimensional Standards. 18.40.100. Yards and Setbacks. 18.40.110. Stream Setbacks. 18.40.120. State Law Controls. 18.40.130. Rimrock Setback. 18.40.010. Purpose. The purpose of the Forest Use Zone is to conserve forest lands. (Ord. 92-025 §3, 1992; Ord. 91-020 § 1, 1991) 18.40.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set forth in DCC 18.40 and any other applicable provisions of DCC Title 18: A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash subject to the Forest Practices Act (ORS Chapter 527 and Goal 4.. B. Temporary on-site structures that are auxiliary to and used during the term of a particular forest operation, subject to the Forest Practices Act (OR_S_Chapter 527) and Goal 8. As used here, temporary structures are those which are portable and/or not placed on a permanent foundation, and which are removed at the conclusion of the forest operation requiring its use. For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land whiel3 that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded. C. Physical alterations to commercial fores the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter 527 and Goal 8). Gravel extraction and processing not covered by DCC 18.40.020 is governed by DCC 1.8.52. D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources. E. Farm use as defined in ORS 21.5.203. F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment whieh that provides service hookups, including water service hookups. Chapter 18.40 1 (04/2012) G. Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use. H. Exploration for mineral and aggregate resources as defined in ORS 517. 1. Towers and fire stations for forest fire protection. J. Widening of roads within existing rights of way in conformance with the transportation element of the comprehensive plan including public road and highway projects as described in ORS 215.283(1) (k) thr-atigh (n). K. Water intake facilities, canals and distribution lines for farm irrigation and ponds. L. Uninhabitable structures accessory to fish and wildlife enhancement. M. Alteration, restoration or replacement of a lawfully established dwelling that: 1. Has intact exterior walls and roof structure; 2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; 3. Has interior wiring for interior lights; 4. Has a heating system; and 5. In the case of replacement, is removed, demolished or converted to an allowable use within three months of completion of the replacement dwelling. N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006. (Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991; Ord. 91-005 §21, 1991; Ord. 91-002 §9, 1991) 18.40.030. Conditional Uses Permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18: A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring it use. D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40. E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. F. Log scaling and weigh stations. G. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. H. Private parks and campgrounds. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 4. For the purpose of DCC 18.40.030, a campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a ark or other outdoor natural ameni that is accessible for recreational use b the occupants of the campground. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.. A Camping sites may be occupied by a tent, travel trailer or recreational vehicle. Separate sewer, water or electric service hookups_ shall not be provided to individual campsites except that electrical service may be provided to rts allowed for b Chapter 18.40 2 (04/2012) OAR 660-006-0025(4)(e)(C). Campgrounds shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. A private camngound maw provide yurts for overnight camping,. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. As used in this r_ule,_"_yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliance. 1. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18.40.030(E). J. Television, microwave and radio communication facilities and transmission towers. K. Fire stations for rural fire protection. L. Commercial utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception it taken pursuant to Oregon Administrative Rules 660, Division 4. M. Aids to navigation and aviation. N. Water intake facilities, related treatment facilities, pumping stations and distribution lines. 0. Reservoirs and water impoundments. P. Cemeteries. Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. gas, oil, geothennal telephone, fiber optic cable) with rights of way 50 feet or less in width. R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. S. Typed era Home Occupations, subject to DCC 18.116.280. T. Expansion of existing airports. U. Public road and highway projects as described as ORS 215.283(2) (p) through fr-' and 215.283(3). V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of DCC Title 18 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and 4. Accommodations must be located within one-quarter mile of fish-bearing Type F Class I waters. W. Forest management research and experimentation facilities as defined described by ORS 526.215 or where accessory to forest operations. X. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, pursuant to DCC 18.40.050. Y. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120.050 and 18.128.270. Z. A manufactured home in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative as defined in ORS 215.283. As used in this section, "hardship" means a medical hardship or hardship for the care_ of an aged or infirm person or persons. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.40.040 and 18.40.60. The manufactured home shall use the same subsurface sewage disposal system used by the existing dwellings if that disposal system is adequate to accommodate the additional dwelling. A temporary residence approved under this subsection is not eligible for replacement under OAR 660- 006-025 (40. AA. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. Chapter 18.40 3 (04/2012) BB. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; and 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission CC. Any outdoor mass gathering subject to review by a county planning commission under the provisions of ORS 433.763. These gatherings are those of more than 3,000 persons whieh that continue or can reasonably be expected to continue for more than 120 hours within any three-month period and any part of which is held in open spaces. DD. Permanent storage and repair of logging equipment. EE. Permanent facility for the primaa processing of forest products. FF. Firearms training facility. (Ord. 2007-020 §4, 2007; Ord. 2004-002 §6, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986) 18.40.040. Limitations on Conditional Uses. A use authorized by DCC 18.40.030 must meet the following requirements. These requirements are designed to make the use compatible with forest operations and agriculture and to conserve values found on forest lands. A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands; B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel. C. Prior to final approval of any the uses listed in DCC 18.40.030(H, O, S, V and Z), the landowner shall sign and record in the County Clerk's office a written statement recognizing the rights of adjacent and nearby landowners to conduct forest operations consistent with the Forest Practices Act and Rules. (Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991) 18.40.050. Standards for Single-Family Dwellings. A. General Provisions. 1. Dwellings listed as a conditional use under DCC 18.40.030(X) shall meet the following standards: a. One of the alternative tests set out in DCC 18.40.050(B) (lot of record dwelling), DCC 18.40.050(C) (large tract dwelling), or DCC 18.40.050(D) (template dwelling); b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the County Clerk covenants, conditions and restrictions (on a form substantially similar to that set forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by the County Planning Director, or his authorized representative. c. No other dwellings shall be located on the tract. d. The applicant shall provide evidence that any domestic water supply is from a source authorized in accordance with the Department of Water Resources Oregon Administrative Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or surface water (Oregon Administrative Rules 690, Division 20) and not from a Class H stream as defined in the Forest Practices Rule (Oregon Administrative Rules Ch~ 4pter 629 24 101(3)), For purposes of DCC 18.40.050, evidence of a domestic water supply means: Chapter 18.40 4 (04/2012) i. Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water; or ii. A water use permit issued by the Water Resources Department for the use described in the application; or iii. Verification from the Water Resources Department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well construction report to the County upon completion of the well. e. If road access to a dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the Bureau of Land Management or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance. 2. In addition, dwellings listed as a conditional use under DCC 18.40.030(X) shall be subject to the following standards or conditions: a. The conditional use standards set forth in DCC 18.40.040; b. The siting criteria set forth in DCC 18.40.060; c. The fire siting standards set forth in DCC 18.40.070; d. The fire safety design standards for roads set forth in DCC 18.40.080; e. The stocking requirements set forth in DCC 18.40.085, if applicable; and f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan. 3. Dwellings in forest zones shall not be subject to conditional use standards. 4. Approval of a dwelling in the forest- zone under DCC 18.40 shall include a condition of approval requiring that the landowner sign and record in the deed records for the County a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. B. Lot of Record Dwelling. For approval under DCC 18.40.050, a single-family dwelling shall meet the following requirements: 1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1, 1985 and was acquired and owned continuously by the present owner either prior to January 1, 1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to January 1, 1985. For the purposes of DCC 18.40.050, "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in- law, father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the owner or a business entity owned by any one or combination of these family members. 2. The dwelling would be located on a tract that is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and either paved or surfaced with rock and shall not be a Bureau of Land Management (BLM) road or a United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency. For the purposes of DCC 18.40.050, "public roads" are those roads in which the public has a right of use that is a matter of public record. For the purposes of DCC 18.40.050, "commercial tree species" means trees recognized for commercial production under administrative rules adopted by the Oregon Department of Forestry pursuant to unde ORS 527.715 for- eemr-ner-eial . Chapter 18.40 5 (04/2012) 3. The lot or parcel on which the dwelling will be sited was art of a tract on November 4 1993, no dwellings exists on another lot or parcel that was part of the tract. 4. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed. 53. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed dwelling would be consistent with the limitations on density as applied under the applicable density restrictions of DCC 18.88. C. Large Tract Dwelling. For approval of a single-family dwelling under DCC 18.40.050(C), the subject property shall consist of at least 240 contiguous acres or 320 acres in one ownership that are not contiguous but are in the same coun or adjacent counties and zoned for forest use. A deed restriction shall be filed pursuant to DCC 18.40.1.40 for all tracts that are used to meet the acreage requirements of this subsection. A tract shall not be considered to consist of less than 240 acres because it is crossed b a public road or a waterway. D. Template Dwelling. For approval under DCC 18.40.050(D), a single-family dwelling shall meet the following requirements: 1. The lot or parcel is predominantly composed of soils that are: a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if. i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 1.60 acre square centered on the center of the subject tract; and ii. At least three other dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if: i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if- i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. d. Lots or parcels within urban growth boundaries shall not be used to satisfy the template requirements under this subsection. Requirements of Applying Template a. If a tract 60 acres or larger described in DCC 18.40.050(D) abuts a road or perennial stream, the measurement shall be made by using a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible aligned with the road or stream. b. If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings shall be on the same side of the road as the proposed dwelling. However, one of the three required dwellings shall be on the same side of the road or stream as the tract, and: i. Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible aligned with the road or stream; ii. Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract. c. If a tract reviewed under DCC 18.40.050(D) abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road. Chapter 18.40 6 (04/2012) (Ord. 2003-007 §2, 2003; Ord. 94-038 §2,1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991) 18.40.060. Siting of Dwellings and Structures. A, All new dwellings and structures approved pursuant to DCC 18.40.030 or permitted under DCC 18.40.020 shall be sited in accordance with DCC 18.40.060 and DCC 18.40.070. These criteria are designed to make such uses compatible with forest operations and agriculture, to minimize wildfire hazards and risks, and to conserve values found on forest lands. _ These criteria shall include the following: , topography, prevailing winds, aeeess, surrounding land use and s - ee ef demestie water shall be used to identib, a site whieh.! A-1. Has the least impact on nearby or adioinin forest or agricultural lands we; B2. Ensures that adverse impacts on forest operations and accepted farming practices on the tract will net be minimized eurtailed-er- impeded; C3. Minimizes the amount of forest lands used to site €ef the dwelling and structures buildings4e, road access and service corridors; and D4. Consistent with the applicable provisions of DCC 18.40.070, minimizes the risks associated with wildfire, and; E. Siting criteria satisfying the above may include setbacks from adjoining properties, clustering near or among existing structures siting close to existing roads and siting on that portion of the parcel least suited for owin trees. supply, B. The appheant shall py-evide evidenee that the domestic water , in aeeer-daiiee with the Dep-4-ent _f Water- Resources Or appFepF44ion-of-p (Oregon Administrative Ru.-s 690, Division 10) or surface wate (Oregon Administra4ive Rules 690, Division 20) and fiet 4em a Glass 11 stFeafn as defined in the For-es Pr-aetioes Rmle (OFegen Administrative Reles 629 .24 101(3). if the water supply is unm,ailable fr-em oublie seurees of sources --Eed entir-ely on the subject propeFty, then the applieant shall provide (Ord. 2012-038 §2, 2012; .Ord. 94-038 §2, 1994; .Ord. 92-025 §3, 1992) 18.40.070. Fire Siting Standards for Dwellings and Structures. The following fire siting standards shall apply to all new dwellings and permanent structures (including permitted uses): A. Access. 1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire protection or is required under DCC 18.40.070, then road access to within 15 feet of the water's edge shall be provided for pumping units. The road access shall be constructed and maintained to accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source. 2. Road access to the dwelling or structure shall meet the road design standards described in DCC 18.40.080. B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following firebreaks on land surrounding the structures that is owned or controlled by the owner: 1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders or other similar materials. 2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental shrubbery or individual or groups of trees separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. Chapter 18.40 7 (04/2012) 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the beginning of the coming fire season. 4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chimney. C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope greater than 40 percent. D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing shall obtain an address from the County address coordinator and shall display that number in a location of the property that is clearly visible from the road used as the basis for numbering. The numbers shall not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply with all other applicable standards for signs. E. Structural Standards. 1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof sprinklers are not an acceptable alternative to this standard. 2. If the dwelling or structure has a chimney, it shall have a spark arrester. F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing shall be located upon a parcel for which fire protection services are available or where alternative protective measures are authorized by DCC 18.40.070(F). 1. For the purposes of DCC 18.40.070 fire protection services are available if the parcel is located within the boundaries of a fire protection district or residential fire protection service is provided by contract, as evidenced by a written, signed contract. 2. If the dwelling or structure is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included in the nearest such district. 3. If the parcel is not located within a fire protection district and it is determined, following application for inclusion within the nearest such district, that inclusion in the district would be impracticable, alternative means of fire protection shall be allowed, consistent with the following standards: a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For caretaker residences or single-family residences, such a sprinkler system shall be installed to the minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in One and Two-Family Dwellings." b. The dwelling shall have on-site water storage capability from a swimming pool, pond, lake, or similar water body of at least 4,000 gallons or a stream having a continuous year round flow of at least one cubic foot per second. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversions have been obtained or that such permits or registrations are not required under state law for the use. (Ord. 2004-01.3 §4, 2004; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992) 18.40.080. Fire Safety Design Standards for Roads. The following standards apply to all roads and driveways, except for private roads accessing only commercial forest uses, which access uses permitted under DCC 18.40.020 or approved under DCC 18.40.030. A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle weight (GVW) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or Chapter 18.40 8 (04/2012) driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a. professional engineer registered in Oregon. B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an unobstructed vertical clearance of not less than 13.5 feet, and provide an all-weather surface. C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be maintained for turning of fire fighting equipment. D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches. Variations from these standards may be granted when topographic conditions make these standards impractical and where the local fire protection district states their fire fighting equipment can negotiate the proposed road grade. (Ord. 92-025 §3, 1992) 18.40.085. Stocking Requirement. All dwellings approved under DCC 18.40 shall be subject to the provisions of DCC 1.8.40.085. A. Stocking Requirement. 1. Dwellings approved under DCC 1.8.40 shall include a condition requiring the owner to plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements specified in Department of Forestry administrative rules (Oregon Administrative Rules 629 in force at the time the approval is granted. 2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to the county assessor and the assessor will verify that the minimum stocking requirements have been met by the time required by Department of Forestry rules. B. Reporting Requirements. 1. The Planning Director or his designee shall notify the County Assessor of any stocking requirement condition at the time the dwelling is approved. 2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor shall verify that the minimum stocking requirements have been met by the time required under Department of Forestry rules. The Assessor shall inform the Department of Forestry in cases where the property owner has not submitted a stocking report or where the survey report indicates that minimum stocking requirements have not been met. 3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the decision of the Department of Forestry. If the department determines that the tract does not meet those requirements, the department shall notify the owner and the assessor that the land is not being managed as forest land. The Assessor shall then remove the forest land designation pursuant to ORS 321.359. The tax penalty imposed by the Assessor under DCC 18.40.085 shall be the only sanction for failure to meet stocking requirements. (Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994) 18.40.090. Dimensional Standards. In an F-2 Zone, the following dimensional standards shall apply: A. The minimum lot size is 80 acres; or B. Land divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC 18.40.030(D) through (P), provided that those uses have been approved pursuant to DCC 18.40.040. Such division shall create a parcel that is the minimum size necessary for the use. C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet in height, except as approved under DCC 18.120.040. (Ord. 94-038 §2, 1994; Ord. 92-055 §5, 1992; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991) Chapter 18.40 9 (04/201.2) 18.40.100. Yards and Setbacks. A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector and 100 feet from a property line fronting on an arterial. B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet. C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest land shall have a minimum rear yard of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Ord. 95-075 §l, 1995; Ord. 94-008 §19, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991; Ord. 83-037 §11, 1983) 18.40.110. Stream Setbacks. All sewage disposal installations, such as vault toilets, septic tanks and drainfield systems shall be set back from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. (Ord. 92-025 §3, 1992; Ord. 91-020 § 1, 1991) 18.40.120. State Law Controls. Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.40 conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder, state law shall control. (Ord. 92-025 §3, 1992) 18.40.130. Rimrock Setback. Setbacks from rimrock shall be as provided in DCC 18.116.160. (Ord. 93-043 §5, 1993; Ord. 86-053 §8, 1986) Chapter 18.40 10 (04/2012) "Residential facility" means a facility licensed by or under the authority of the State of Oregon Depa which provides residential care alone or in conjunction with treatment or training =oraombination thereof for six (6) to fifteen (15) individuals who need not be related. Staff persons required to meet State of Oregon licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility. "Residential home" means a home licensed by or under the authority of the State of Oregon DePaAfftent which provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet State of Ore on Ktfees licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. 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. 18.16.050. 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. 1.8.16.090. Rimrock Setback. 18.16.010. Purpose. A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan and in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in ORS 30.930 through 30.947. (Ord. 95-007 §9,1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991) 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use as defined in DCC Title 18. B. Propagation or harvesting of a forest product. C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). D. Accessory buildings customarily provided in conjunction with farm use. E. Climbing and passing lanes within the right of way existing as of July 1, 1987. F. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result. G. Temporary public road and highway detours that will be abandoned and restored to original condition or use when no longer needed. H. Minor betterment of existing public road and highway-related facilities such as maintenance yards, weigh stations and rest areas, witbin a right of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways. 1. Creation, restoration or enhancement of wetlands. Chapter 18-16 1 (07/2010) J. Alteration, restoration or replacement of a lawfully established dwelling that: I. Has intact exterior walls and roof structure; 2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; 3. Has interior wiring for interior lights; 4, Has a heating system; and 5. In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three months of completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parcel, and shall comply with all applicable siting standards. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for the county a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of the statute and county code have changed to allow the siting of another dwelling; and 6. The replacement dwelling is subject to OAR 660-033-0130(30), as follows: The County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937. 7. An applicant for a replacement dwelling may request a deferred replacement dwelling permit. a. The dwelling to be replaced shall be removed or demolished within three months after the deferred replacement permit is issued. b, A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the replacement permit becomes void. c. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. d. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or child of the applicant. K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the National Register of Historic Places and on the County inventory as a historic property as defined in ORS 358.480, and subject to 18.16.020(J)(6) above. L. Wildlife habitat conservation and management plan approved under ORS 215.800 to 215.808. M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. N. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: 1. A public right of way; 2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or 3. The property to be served by the utility. 0. The land application of reclaimed water, agricultural process or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 46813.053 or 46813.055, or in compliance with rules adopted under ORS 4685.095, and with the requirements of ORS 215.246 to 215.251. Chapter 18-16 2 (07/2010) P. Fire service facilities providing rural fire protection services. Q. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). R. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16. S• Composting operations that are accented farming practices in conjunction with and auxillary to farm use on the subject tract as allowed under OAR 660-033-0130(29).. (Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§l and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4, 1991; Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord. 81-001 §1, 1981) 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 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 nonhigh value farmland. D. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are within 3 miles of an acknowledged urban growth boundary, subject to Oregon Administrative Rules 660-033- 0130 the approval of an exception pur-suaRt to ORS 197.732 aRd-OAR ehapter 660, divisiaii , on nonhigh value farmland. E. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the existing use, subject to Oregon Administrative Rules 660-033-0130. 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. 1. 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. (Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004) Chapter 18-16 3 (07/2010) 18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value Farmland, The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or nonhigh value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC Title 18. A. Nonfarm dwelling. B. Lot of record dwelling. C. Residential home or facility, as defused in DCC 18.04.030, in existing dwellings. D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. E. A dwelling in conjunction with a wildlife habitat conservation and management plan. F. Commercial activities that are in conjunction with farm use, but not including the processing of farm crops as described in DCC 18.16.025. G. Operations conducted for: Mining and processing of geothermal resources as defined by ORS 522.005, and Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under DCC 18.16.020. H. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the same tract as the existing use. 1. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. J. Community centers owned by a governmental agency or a nonprofit organization and operated primarily by and for residents of the local rural community, 1. A community center authorized under this section may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. 2. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. K. Transmission towers over 200 feet in height. L. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and 1.8.128.260, and OAR 660-033-0130), for the purpose of generating power for public use by sale, not including wind power generation facilities. M. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. N. Home Occupation, subject to DCC 18.116.280. 1. The home occupation shall: a. be operated substantially in the dwelling or other buildings normally associated with uses permitted in the EFU zone; b. be operated by a resident or employee of a resident of the property on which the business is located; and c. employ on the site no more than five full-time or part-time persons. 2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone. 0. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 213.203(2). The primary processing of a forest product, as used in DCC 18.16.030, means the use of a Chapter 18-16 4 (07/2010) portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.16.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. P. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not resulting in the creation of new land parcels. Q. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings, but not resulting in the creation of new land parcels. R. Improvement of public road and highway-related facilities such as maintenance yards, weigh stations and rest areas, where additional property or right of way is required, but not resulting in the creation of new land parcels. S. The propagation, cultivation, maintenance and harvesting of aquatic species that arc not under the jurisdiction of the State Fish and Wildlife Commission or insect species. 1. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. 2. The county shall provide notice of all applications under this section to the State Department of Agriculture. 3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application. T. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If approved, this use is subject to the recording of the statement listed in DCC 18.16.020(J)(6). U. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland. V. Roads, highways and other transportation facilities, and improvements not otherwise allowed under DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first granted under state law. Transportation uses and improvements may be authorized under conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065. W. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. X. A living history museum. Y. Operations for the extraction and bottling of water. Z. Transportation improvements on rural lands allowed by OAR 660-012-0065. AA.Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. BB. Extended outdoor mass gatherings, subject to DCC 8.16. CC.A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. DD Wind power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale.,subiect to OAR 060-033-0130- EE. Photovoltaic solar power generation facilities as commercial utility facilities for the pumose of eneratin power for public use b sale subject to OAR 660-033-0130. (Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-025 §1, 1995; Ord. 95-007 §11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §2, 1991; Ord. 91-020 §1, 1991; Ord. 91-01.4 §1, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §1, 1990; Ord. 90-014 §§23 and 31, 1991; Ord. 87-013 §1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983) Chapter 18-16 5 (0712010) 18.16.031. Conditional Uses on Nonhigh Value Farmland Only. The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute nonhigh value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. Dog kennel. B. A site for the disposal of solid waste approved by the governing body of a city or County or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. C. Golf course and accessory golf course uses as defined in DCC Title 18 on land determined not to be high value farmland, as defined in ORS 195.300. D. Except for those composting facilities that are a farm use as allowed under DCC 18.16.020 Fle-fined in OAR 660 033 0020(7), composting operations and facilities for which a permit has been granted by the Oregon Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060 C &S 459.245 and OA 96 020 Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility. On-site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are transported in one vehicle. E. Private parks, playgrounds, hunting and fishing preserves and campgrounds. F. Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, primarily for residents of the rural area in which the school is located, subject to the applicable Oregon Administrative Rules. (Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §12, 1995) 18.16.033. Conditional Uses on High Value Farmland Only. In addition to those uses listed in DCC 18.16.030 above, the following uses may be allowed on tracts in the Exclusive Farm Use Zones that constitute high value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. Maintenance, enhancement or expansion of dog kennels existing as of March 1, 1994, subject to other requirements of law. New dog kennels are prohibited. B. Maintenance, enhancement or expansion of a site described in 18.16.031 (B) existing as of March 1, 1994, subject to other requirements of law. New such sites are prohibited. C. Maintenance, enhancement or expansion of golf course and accessory golf course uses as defined in DCC Title 18 existing as of March 1, 1994, subject to other requirements of law. New such uses are prohibited. Expanded courses may not exceed 36 holes total. D. Additions or expansions to existing public or private schools on high value farmland, for kindergarten through grade 12, including all buildings essential to the operation of a school, subject to the applicable Oregon Administrative Rules. (Ord. 2010-022 §2,2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §13, 1995) 18.16.035. Destination Resorts. Destination resorts may be allowed, where mapped, as a conditional use, subject to all applicable standards of the Destination Resort Zone. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 § 3, 1992; Ord. 92-004 § 3, 1992) 18.16.037. Guest Ranch. A. A guest ranch may be established in conjunction with an existing and continuing livestock operation, using accepted livestock practices that qualifies as a farm use under DCC 18.04.030, subject to the Chapter 18-16 6 (07/2010) applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the applicable provisions of DCC 18.128, and the provisions of the applicable Oregon Revised Statutes. A guest ranch shall not be located within the boundaries of or surrounded b : 1 A federall desi ated wilderness area or a wilderness stud area: (2) A federally designated wildlife refuge- 3 A federally designated area of critical environmental concern, or (4) An area established by an Act of Congress for the protection of scenic or ecolo icg al resources. B. "Guest ranch" means a facility for overnight guest lodging units, including passive recreational activities and food services, as set forth in ORS 215 that are incidental and accessory to an existing livestock operation that qualifies as a farm use under DCC 18.04.030. C. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient overnight lodging and not for a permanent residence accommodations. D. For the purposes of DCC 18.16.037, "livestock" means cattle, sheep, horses, and bison. E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or parcel that separates a guest ranch from the dwelling of the person conducting the livestock operation shall not be allowed. F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest ranch shall not be allowed. (Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2001-043 §1, 2001; Ord. 98-056 §1, 1998) Note: DCC 18.16.037 will be repealed January 2,2018-2 (Ord. 2010-017 §1, 2010). 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: I . 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 nonresource 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. Chapter 18-16 7 (07/2010) 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. 12. Utility facilities necessaryry for public service may include on-site and off-site facilities for temporary workforce housing for workers constructing a utility facility. Such facilities must be removed or converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when roiect construction _is complete. _Off-site facilities allowed under this provision arc subject to OAR 660- 033-0130(5). Temporary workforce housing, facilities not included in the initial approval may be considered through a minor amendment, request., „A minor amendment request shall have no effect on the original approval. B. Wineries are subject to the following: A winery, authorized under DCC 18.16.025 is a facility that produces wine with a maximum annual production of 1. Less than 50,000 gallons and that: a. Owns an on-site vineyard of at least 15 acres; b. Owns a contiguous vineyard of at least 15 acres; c. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or d. Obtains grapes from any combination of a, b or c above; or 2. At least 50,000 gallons and no more than 100,000 gallons and that: a. Owns an on-site vineyard of at least 40 acres; b. Owns a contiguous vineyard of at least 40 acres; c. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery; or d. Obtains grapes from any combination of (2)(a-c). 3. The winery shall allow only the sale of a. Wines produced in conjunction with the winery; and b. Items directly related to wine, the sales of which arc incidental to retail sale of wine on-site. Such items include those served by a limited service restaurant, as defined in ORS 624.010. 4. Prior to issuance of a permit to establish a winery, the applicant shall show that vineyards, described under either 1 or 2 above, have been planted or that the contract has been executed, as applicable. 5. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands: a. Establishment of a setback, not to exceed 100 feet, from all property lines for the winery and all public gathering places; and b. Provision of direct road access, internal circulation and parking shall be demonstrated through site plan review under DCC 18.124. 6 Approval of a winery shall not be a basis for an exception under ORS 197.732(1)(a) or (b). C. Farm stands are subject to the following: 1. The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand, if the annual sales of the incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and Chapter 18-16 8 (07/2010) 2. The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops or livestock, and does not include structures for banquets, public gatherings or public entertainment. 3. As used in this section, "farm crops or livestock" includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area. 4. As used in this subsection, "processed crops and livestock" includes jams, syrups, apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items. 5. As use in this section, "local agricultural area" includes Oregon or an adjacent county in Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is located. D. A site for the takeoff and landing of model aircraft is subject to the following: I. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this section. a. The site shall not include an aggregate surface or hard surface area, unless the surface preexisted the use approved under this section. b. An owner of property used for the purpose authorized in this section may charge a person operating the use on the property rent for the property. c. An operator may charge users of the property a fee that does not exceed the operator's cost to maintain the property, buildings and facilities. d. As used in this section, "model aircraft" mean a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground. E. A facility for the processing of farm crops shall be located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. 1, 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. 2. 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. 3. 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. (Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2,2004) 18.16.040. Limitations on Conditional Uses. A. Conditional uses permitted by DCC 18.16.030 may be established subject to ORS 215.296 and applicable provisions in DCC 18.128 and upon a finding by the Planning Director or Hearings Body that the proposed use: 1. Will not force a significant change in accepted farm or forest practices as defined in ORS 215.203(2)(c) on surrounding adjEeeent lands devoted to farm or forest uses; and 2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and 3. That the actual site on which the use is to be located is the least suitable for the production of farm crops or livestock. B. A commercial activity allowed under DCC 18.16.030(F) shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced outside of Deschutes County. Chapter 18-16 9 (07/2010) C. A power generation facility that is part of a commercial utility facility for the purpose of generating power for public use by sale identified in DCC 18.16.030(L) and: 1, That is located on high-value farmland the permanent features of which shall not preclude more than 12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon Administrative Rules 660, Division 004. 2. That is located on nonhigh-value farmland, the permanent features of which shall not preclude more than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon Administrative Rules 660, Division 4. 3. Avower generation facility may include on-site and off-site facilities .fortemporary workforce housing as allowed under OAR 660-033-0130(17) and 22 D, A wind power generation facility includes, but is not limited to, the following system components all. wind turbine towers and concrete ads permanent meteorological towers and wind measurement , devices electrical cable collections stems connecting wind turbine towers with the relevant power substation new or expanded private roads whether temporary or Rermanent) constructed to serve the wind power generation facility, office and operation and maintenance buildings, tem or lay-down areas and all other necessa appurtenances, including but not limited to on-site and off-site facilities for temporary workforce housing for workers constructing a wind power generation facility. Such facilities must be removed or converted to an allowed use under OAR 660-033-0130(191 or other statute or rule when proiect construction is complete. Temporary workforce housing facilities not included in the initial approval may be considered through a minor amendment request filed after a decision to a rove aapower generation facility. A minor amendment request shall be subject to OAR 660-033-0130,(5) and shall have no effect on the original a roval. A ro osal for a wind ower eneration facilit shall be subject to the following provisions: 1. For high value farmland soils described in ORS 195.300(10), that all of the following are satisfied: a. Reasonable alternatives have been considered to show that siting the wind power generation facilit or component thereof on high-value farmland soils is necess for the facilit or com onent to function properly or if a roads stem or turbine stria must be laced on such soils to achieve a reasonably direct route considering the followin factors: i. Technical and engineering feasibility; ii. Availability of existing_rinhts of way; and iii. The long term environmental, economic, social and energy consequences of siting the facility or component on alternative sites as determined under OAR 660-033- 0130(37)(a)(B): b, The long-term_ environmental, economic,social and energy consequences resulting from the wind power veneration facility or an component thereof at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same nronosal_being located on other agricultural lands that do not include high- value farmland soils, c. Costs associated with an of the factors listed in OAR 660-033-0130 37 a A ma be considered, but costs alone may not be the only consideration in determining that siting-any component of a wind power generation facility on high-value farmland soils is necessary; d. The owner of a wind power generation facility approved under OAR 660-033-0130(37)(a) 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 b the sitin maintenance repair or reconstruction of the facility. Nothing in this section shall prevent th owner of the facility- from requiring a bond or other security from a contractor or otherwise impgsing on a contractor the responsibility for restoration: and e. The criteria of OAR 6604334130(37)(b) are satisfied. 2. For arable lands meaning lands that arc cultivated or suitable for cultivation, including high-value farmland soils described at ORS 195.300(l 0the overnin body or its designated must find that: Chapter 18-16 10 (07/2010) A. The proposed wind power facility will not create unnecessary negative impacts on agricultural operations conducted on the subject property. Negative impacts could include, but are not limited to, the unnecess• construction of roads dividing a field or multiple fields in such a way that creates small or isolated pieces of pro pert y that =more difficult to farm, and placing wind farm components such as meteorological towers on lands in a manner that could disrupt common and accepted fanning ractices- b. The presence of a proposed wind power facility will not result in unnecessm soil erosion or loss that could limit Agdcultural productivity on the subject property. This provision may be satisfied by the submittal and county approval of a soil and erosion control plan prepared by an adequately qualified individual showing how unnecessary soil erosion will be avoided or remedied and how topsoil will be stripped, stockpiled and clearly marked. The approved plan shall be attached to the decision as a condition of approval; c. Construction or maintenance activities will not result in unnecessary, soil compaction that reduces the roductivit of soil for crop production. This provision may be satisfied by the submittal and county approval of a plan prepared by an adequately qualified individual, show unnecess soil compaction will be avoided or remedied in a timely manner throu h dee soil decompaction or other appropriate practices. The approved plan shall be attached to_thg decision as a condition of approval d. Construction or maintenance activities will not result in the unabated introduction or spread of " noxious weeds and other undesirable weeds species. This provision may be satisfied by the submittal and county approval of a weed control plan prepared by an adequately qualified individual that includes a long-term maintenance agreement. The approved plan shall be attached to the decision as a condition of approval. 3. For nonarable lands meaning lands that are not suitable for cultivation the overnin bod or its designate must find that the requirements of OAR 660-033-0130 37 b D are satisfied. 4. In the event that a wind power generation facility is proposed on a combination of arable and nonamble lands as described in OAR 660-033-0130 37 b) and (c) the approval criteriaof OAR 660-033-0130(37)(b) shall apply to the entire proiect_ EP.No aircraft may be based on a personal-use airport identified in DCC 18.16.030(M) other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. A personal use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject to any applicable rules of the Oregon Department of Aviation. F1;. The facility for the primary processing of forest products identified in DCC 18.16.030 is intended to be portable or temporary in nature. Such a facility may be approved for a one-year period which is renewable. GF. Batching and blending mineral and aggregate into asphaltic cement may not be authorized within two miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more that are planted as of the date of the application for bat _ii. Accessory uses for golf courses shall be limited in size and orientation on the site to serve the needs of persons and their guests who patronize the golf course to golf. An accessory use that provides commercial services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate buildings. Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to service only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designed for or include structures for banquets, public gatherings or public entertainment. IR An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall comply with the definition of "golf course" set forth in DCC Title 18 and the provisions of DCC 18.16.040(A). Chapter 18-16 11 (07/2010) K An applicant for a nonfarm conditional use may demonstrate that the standards for approval will be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective. K3. For purposes of approving a conditional use permit for a lot of record dwelling under DCC 18.16.030, the soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the property owner: 1. Submits a statement of agreement from the Natural Resources Conservation Service of the United States Department of Agriculture that the soil class, soil rating or other soil designation should be adjusted based on new information; or 2. Submits a report from a soils scientist whose credentials are acceptable to the State Oregon Department of Agriculture that the soil class, soil rating or other soil designation should be changed; and 3. Submits a statement from the State Oregon Department of Agriculture that the Director of Agriculture or the director's designee has reviewed the report described in 2 above and finds the analysis in the report to be soundly and scientifically based. 4. The soil classes soil ratings or other soil designations used in or made pursuant to this definition are those of the NRCS in its most recent publication for that class ratio or designation before November 4 1993, except for changes made pursuant to subsections 1-3 above. 5. For tire oses of approving a land use application under OAR 660-033-0090 660-033-0120 660-033-0130 and 660-033-0135 soil classes soil ratinfFs or other soil desi ations used in or made pursuant to this definition are those of the NRCS in its most recent publication for that class, rating or designation. L14.Except on a lot or parcel contiguous to a lake or reservoir, a private campground shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 004. a. A private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. b. The yurt shall be located on the ground or on a wood floor with no permanent foundation. c. As used in this paragraph, `Syurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliance. d. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites. Mb. living history museum shall be related to resource based activities and be owned and operated by a governmental agency or a local historical society. a. A living history museum may include limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities, or if the museum administration buildings and parking lot are located within one-quarter mile of an urban growth boundary. b. As used in this paragraph, a "living history museum" means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and "local historical society" means the local historic society recognized by the County and organized under ORS Chapter 65. (Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2, 2004; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §1 and 2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991) Chapter 18-16 12 (07/2010) 18.16.050. Standards for Dwellings in the EFU Zones. Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the dwelling is placed, signing and recording in the deed records for the County, a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. A. Farm-related dwellings on nonhigh value farmland. A dwelling customarily provided in conjunction with farm use, as listed in DCC 18.16.030(A), may be approved if it satisfies any of the alternative tests set forth below: 1. Acreage test. a. On land not identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if i. The parcel on which the dwelling will be located is at least: (a) One hundred sixty acres and not in the Horse Ridge Fast subzone; or (b) Three hundred twenty acres in the Horse Ridge East subzone; ii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which is evidenced by a farm management plan; iii. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale; iv. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K); and 2. Median acreage/gross sales test. a. On land not identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if. i. The subject tract is at least as large as the median size of those commercial farm or ranch tracts capable of generating at least $10,000 in annual gross sales that are located within a study area that includes all tracts wholly or partially within one mile of the perimeter of the subject tract; ii. The subject tract is capable of producing at least the median level of annual gross sales of County indicator crops as the same commercial farm or ranch tracts used to calculate the tract size in DCC 18.16.050(A)(2)(a)(i); iii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which is evidenced by a farm management plan, at a level capable of producing the annual gross sales required in DCC 18.16.050(A)(2)(a)(ii). If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to establishment of the farm use capable of meeting the median income test. iv. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size; v. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K); and vi. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale. b. For the purpose of calculating appropriate tract sizes and gross incomes to satisfy DCC 18.16.050(A)(2)(a)(i) and (ii), the County will utilize the methodology contained in Oregon Chapter 18-16 13 (07/2010) Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC pursuant to Oregon Administrative Rules 660-33-135(4). 3. Gross annual income test. a. On land not identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if i. The subject tract is currently employed for a farm use, and that the farm operator earned that predueed $32,500 in gross annual revenue ineeme in the last two years, eF three of the last five years, or based on the_ average farm revenue earned on the tract in the hi est three of the last five years. ii. There is no other dwelling on the subject tract, except as allowed under 18.16.020(x); iii. The dwelling will be occupied by a person or persons who produced the commodities which grossed the income in DCC 18.16.050(A)(3)(a)(i); and b. In determining gross revenue income, the cost of purchased livestock shall be deducted from the total gross revenue ineom attributed to the tract. c. Noncontiguous lots or parcels zoned for fame use in the same county or contiguous counties may be used to meet the gross revenue ineeme requirements. d. Only gross revenue ineeme from land owned, not leased or rented, shall be counted; and gross farm revenue income earned from a lot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used. e. Prior to a dwelling being approved under this section that requires one or more contiguous or noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue income requirements, the applicant shall provide evidence that the covenants, conditions and restrictions form attached to Chapter 18. 16, has been recorded with the county clerk or counties where the property subject to the covenants, conditions and restrictions is located. I , The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for primary farm dwelling and shall preclude: a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed under ORS Chapter 215; and b. The use of any gross farm revenue ieeeaje earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling; c. The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located; d. The failure to follow the requirements of this section shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property which is subject to the covenants, conditions and restrictions required by this section. B. Farm related dwellings on high value farmland. On land identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if: 1. The subject lot or parcel is currently employed for the farm use as defined in DCC 18.04.030 and that the farm operator earned produced at least $80,000 in gross annual revenue incom from the sale of farm products in the last two years, or three of the last five years, or based on the average 'r farm revenue earned by the farm operator_ in-the best three of the last five ,nears, and the lot or parcel on which the dwelling is proposed is at least the size of the minimum lot or parcel size in the subzone. In determining gross revenue ice, the cost of purchased livestock shall be deducted from the total gross revenue ineem attributed to the tract; 2, There is no other dwelling on the subject tract, except as allowed under 18.16.020(K); Chapter 18-16 14 (07/2010) 3. The dwelling will be occupied by a person or persons who produced the commodities which grossed the revenue income under DCC 18.16.050(B)(1); and 4. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may be used to meet the gross revenue income requirements; 5. Only gross revenue income from land owned, not leased or rented, shall be counted; and gross farm revenue ineeme earned from a lot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used. 6. Prior to a dwelling being approved under this section that requires one or more contiguous or noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue it a requirements, the applicant shall provide evidence that the covenants, conditions and restrictions form attached to Chapter 18.16, has been recorded with the county clerk. The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for primary farm dwelling and shall preclude: a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS Chapter 215; and b. The use of any gross farm revenue ineewte earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling. C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070, is considered to be an accessory farm dwelling customarily provided in conjunction with farm use when: 1. The accessory dwelling meets the following criteria: a. The accessory farm dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator; and b. The accessory farm dwelling will be located: i. On the same lot or parcel as the primary farm dwelling; or ii. On the same tract as the primary farm dwelling when the lot or parcel on which the accessory farm dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the tract; or iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is limited to only a manufactured home and a deed restriction substantially in compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County Clerk. The deed restriction shall require the manufactured dwelling to be removed when the lot or parcel is conveyed to another party. The manufactured home may remain if it is reapproved under DCC 18.16.050; or iv. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under DCC 18.16.065 and the lot or parcel complies with the gross farm income requirements in DCC 18.16.050(Ax3) or (13)(1), whichever is applicable; and c. There is no other dwelling on land zoned EFU owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling; and 2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the following: a. On land not identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed in farm use and produced $32,500 in gross annual sales in the last two years, sr three of the last five years, or based on the average farm revenue earned on the tract in the hi hest three of the last tive ears. In determining gross revenue Chapter 18-16 15 (07/2010) ieeeffie, the cost of purchased livestock shall be deducted from the total gross revenue incom attributed to the tract; or b. On land identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use, and produced at least $80,000 in gross annual revenue income from the sale of farm products in the last two years, or three of the last five years or based on the average farm revenue earned on the tract in the hi est three of the last five years. Gross revenue kwefne shall be calculated by deducting the cost of purchased _ Formatted: strikethrough livestock from the total gross revenuejj~t_etne attributed to the tract; ands _ _ _ _ _ _ _ _ _ _ „ Formatted: 5trikethrough 3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be Formatted: underline approved for a division of land except as provided for in DCC 18.16.055(B). 4. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the requirements for a nonfarm dwelling pursuant to DCC 18.16.050(6). D. Relative farm assistance dwelling. 1. A dwelling listed in DCC 18.16.0253WB) is allowed when: a. The subject tract is at least 40 acres in size, unless it is demonstrated to the Planning Director or Hearings Body that a smaller unit of land is a commercial agricultural enterprise. b. The subject tract is used for farm use; c. The dwelling is a manufactured home and is sited in accordance with DCC 18.116.070, or is a pre-existing site-built home that: (1) was established at least 30 years prior to the date the land use permit was submitted and (2) is located on a parcel of at least 40 acres in size and that meets the minimum irrigated acres standard for the subzone within which it is located; d. The dwelling is located on the same lot or parcel as the dwelling of the farm operator, and is occupied by a relative of the farm operator or farm operator's spouse, including a grandparent, step-grandparent, grandchild, parent, step-parent, child, brother, sister, sibling, step-sibling, niece, nephew, or first cousin of either, if the farm operator does, or will, require the assistance of the relative in the management of the farm use. 1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this subsection obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel. 2. Prior conditions of approval for the subject land and dwelling remain in effect. 3. For purposes of this subsection, "Foreclosure" means only those foreclosures that are exempt from partition under ORS 92.010(7)(a). e. The farm operator plays the predominant role in the management and farm use of the farm and will continue to do so after the relative farm help dwelling is approved. f. Any approval granted under DCC 18.16.050 shall be conditioned with a requirement that the farm operator annually submit a report to the Planning Division identifying the resident(s) of the dwelling, their relationship to the farm operator, the assistance the resident provides to the farm operator, and verifying the farm operator's continued residence on the property and the predominant role the farm operator continues to play in the management and farm use of the farm. 2. A manufactured home permitted under DCC 18.16.050 shall be considered to be a temporary installation, and permits for such home shall be renewable and renewed on an annual basis. The manufactured home shall be removed from the property if it no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. 3. A pre-existing dwelling approved under DCC 18.16.050 shall be removed or converted to an allowable use within one year of the date the relative farm help dwelling no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. Chapter 18-16 16 (07/2010) 4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval Agreement shall be recorded with the Deschutes County Clerk prior to issuance of any building or placement permit for the new dwelling on the property. 5. For the purposes of DCC 18.16.050(D), a farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing. E. Lot of record dwelling on nonhigh value farmland. L A lot of record dwelling maybe approved on a nrc-exis_tine lot or parcel on nonhigh value farmland when all of the following requirements are met: a. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and owned continuously by the present owner: i. Prior to January 1, 1985; or ii. By devise or by intestate succession from a person who acquired and owned continuously the lot or parcel prior to January 1, 1985. b. The tract on which the dwelling will be sited does not include a dwelling, c. For lots or parcels located within a wildlife area (WA) combining zone, siting of the proposed dwelling would be consistent with the limitations on density as applied under the applicable density restrictions of DCC 18.88. d. If the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed. e. The County Assessor shall be notified of any approval of a dwelling under DCC 18.16.050. E if the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of the tract; 2. For purposes of DCC 18.16.050(E), "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the owner or a business entity owned by any one or a combination of these family members. 3. For purposes of DCC 18.16.050(E), the date of creation and existence means that, when a lot, parcel or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration is the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel or tract. F. Lot of record dwelling on high-value farmland. 1. A lot of record dwelling on a re-existin lot or arcel will be approved on high value farmland when all of the following requirements are met: a. The requirements set forth in DCC 18.16.050(E)(1)(a) through (f), as determined by the County; and b. The requirements of Oregon Administrative Rules 660-33-130(3)(c)(C), as determined by the County hearings officer. 2. Applicants under DCC 18.16.050(F) shall make their application to the County. The County shall notify the State Department of Agriculture at least 20 calendar days prior to the public hearing under DCC 18.16.050(F)(1)(b). 3. Applicants under DCC 18.16.050(F) shall be subject to such other procedural requirements as are imposed by the Oregon Department of Agriculture. 4. For purposes of DCC 18.16.050(F), the date of creation and existence means that, when a lot, parcel or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration is the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel or tract. G. Nonfarm dwelling. Chapter l8-16 17 (07/2010) 1. One single-family dwelling, including a manufactured home in accordance with DCC 18.116.070, not provided in conjunction with farm use, may be permitted on an existing lot or parcel subject to the following criteria: a. The Planning Director or Hearings Body shall make findings that: i. The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices, as defined in ORS 215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use. ii. The proposed nonfarm dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the County shall consider the cumulative impact of nonfarm dwellings on other lots or parcels in the area similarly situated, by applying the standards under OAR 660-033-0130(4)(a)(D), and whether creation of the parcel will lead to creation of other nonfarm parcels, to the detriment of agriculture in the area. iii. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot or parcel that is generally unsuitable for the production of farm crops and livestock or merchantable tree species, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. iv. The proposed nonfarm dwelling is not within one-quarter mile of a dairy farm, feed lot or sales yard, unless adequate provisions are made and approved by the Planning Director or Hearings Body for a buffer between such uses. The establishment of a buffer shall be designed based upon consideration of such factors as prevailing winds, drainage, expansion potential of affected agricultural uses, open space and any other factor that may affect the livability of the nonfarm-dwelling or the agriculture of the area. Road access, fire and police services and utility systems (i.e., electrical and telephone) are adequate for the use, v. The nonfarm dwelling shall be located on a lot or parcel created prior to January 1, 1993, or was created or is being created as a nonfarm parcel under the land division standards in DCC 18.16.055(B) or (C). 2. For the purposes of DCC 18.16.050(G) only, "unsuitability" shall be determined with reference to the following: a. A lot or parcel or a portion of a lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land. If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable land for the production of merchantable tree species recognized by the Forest Practices Rules, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel. b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold, leased, rented or otherwise managed as part of a commercial farm or ranch, it is not "generally unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is composed predominantly of Class INI soils. Just because a lot or parcel or portion of a lot or parcel is unsuitable for one farm use does not mean it is not suitable for another farm use. If the parcel is under forest assessment, the area is not "generally unsuitable" simply because it is too small to be managed for forest production profitably by itself c. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a part of a forestry operation, it is not "generally unsuitable." If a lot or parcel is under forest assessment, it is presumed suitable if it is composed predominantly of soil capable of producing 20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be found compatible and not seriously interfere with forest uses on surrounding land it must not force a significant change in forest practices or significantly increase the cost of those practices on the surrounding land. Chapter 18-16 18 (07/2010) 3. Loss of tax deferral. Except as provided in DCC 18.16.050(I)(2), pursuant to ORS 215.236, a nonfarm dwelling on a lot or parcel in an Exclusive Farm Use zone that is or has been receiving special assessment may be approved only on the condition that before a building permit is issued the applicant must produce evidence from the County Assessor's office that the parcel upon which the dwelling is proposed has been disqualified under ORS 308A.113 or ORS 308A.116 for special assessment at value for farm use under ORS 308A.062 or other special assessment under ORS 308A.068, 321.352, 321.730 or 321.815 and that any additional tax or penalty imposed by the County Assessor as a result of disqualification has been paid. H. Temporary hardship dwelling. 1. A temporary hardship dwelling listed in DCC 18.16.030 is allowed under the following conditions: a. The dwelling is a manufactured home or recreational vehicle, and is used in conjunction with an existing dwelling on the lot or parcel; b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel only for the term of a hardship suffered by the existing resident or relative of the resident. The manufactured dwelling shall be removed or demolished within three months of the date the hardship no longer exists. The recreational vehicle shall not be occupied once the term of the medical hardship is completed, except as allowed under DCC 18.116.095. A temporary residence approved under this section is not eligible for replacement under DCC 18.16.020(J); a The existence of a medical hardship is verified by a written doctor's statement, which shall accompany the permit application; and d. The temporary manufactured home uses the same subsurface sewage disposal system used by the existing dwelling, provided that the existing disposal system is adequate to accommodate the additional dwelling. If the manufactured home will use a public sanitary sewer system, such condition will not be required. e. If a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a bathroom, and shall meet the minimum setbacks established under DCC 18.16.070. 2. Permits granted under DCC 18.16.050(H) shall be subject to the provisions of DCC 18.116.090 and shall be required to meet any applicable DEQ review and removal requirements as a condition of approval. 3. As used in DCC 18.16.050(H), the term "hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons. 4. As used in DCC 18.16.050(H), the term "relative" means grandparent, step-grandparent, grandchild, parent, step-parent, child, step-child, brother, sister, sibling, step-sibling, niece, nephew, uncle, aunt, or first cousin of the existing resident. 5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under DCC 18.16.040(A)(I-2) and DCC 18.16.020(J)(6). 1. Wildlife conservation plan dwelling. 1. A dwelling listed in DCC 18.16.030(G) is allowed when the Planning Director or the Hearings Body finds that the proposed dwelling: a. Is situated on a lot or parcel existing on November 4, 1993, that qualifies for a farm dwelling, as listed in DCC 18.16.030(A), or a nonfarm dwelling, as listed in DCC 18.16.030(C); b. Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; c. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; d. Will not be established on a lot or parcel that is predominantly composed of soils rated Class I or 11, when not irrigated, or rated Prime or Unique by the United States Natural Resources Conservation Service or any combination of such soils; and e. Is the only dwelling situated on the affected lot or parcel. 2. For a wildlife conservation plan dwelling approval based upon nonfarm dwelling criteria, DCC 18.16.050(1) shall also apply. Unless prior to approval of a conditional use permit for a wildlife Chapter 18- 16 19 (07/2010) conservation plan dwelling the applicant submits to the assessor certification demonstrating approval by Oregon Department of Fish and Wildlife of a wildlife conservation and management plan and its implementation, the conditional use permit shall contain a condition requiring that the applicant, prior to issuance of a building permit for such dwelling, either 1) submit certification to the assessor from ODFW demonstrating approval and implementation of a wildlife conservation and management plan qualifying under ORS 215.808 or 2) pay the tax penalties required by DCC 18.16.050(G)(3). (Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-0020 §1, 2004; Ord. 2004-013 §2, 2004; Ord. 2004-001 §2, 2004; Ord. 98-033 §1, 1998; Ord. 98-030 §1, 1998; Ord. 95-007 §15, 1995; Ord. 94-026 §1, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §§2 and 3, 1991; Ord. 91-020 §1, 1991) 18.16.055. Land Divisions. A. General. A division of land in the exclusive farm use zone shall be identified on the land division application as either an irrigated land division, nonirrigatcd land division, or a division of land for a use permitted by Oregon Revised Statutes 215.263 DGG 8,16.03A other than a dwelling. An irrigated land division is subject to subsection B below; a nonirrigated land division is subject to subsection C below; and a land division for a use other than a dwelling is subject to subsection F below, as well as ORS 215.263. B. Irrigated land division. L An irrigated land division shall be subject to the minimum lot or parcel size requirements of DCC 18.16.065, Subzones, and all applicable requirements of DCC Tide 17. 2. Partitions establishing parcels less than the FFU minimum parcel size established under DCC 18.16.065, may be permitted to create new parcels for nonfarm dwellings as follows: a. If the parent parcel is equal to or greater than the minimum parcel size established under 18.16.065, and is less than 80 acres in size, one new nonfarm parcel may be created subject to the following: i. Parent parcel was lawfully created prior to July 1, 2001; ii. Remainder parcel shall meet the minimum lot size established under 18.16.065; iii. All standards established under 18.16.050(G) for the dwelling shall be met; iv. No minimum lot size shall be required for the nonfarm parcel. v. The parcel for the nonfarm dwelling is generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land. b. If the parent parcel is equal to or greater than the minimum lot size established under 18.16.065, and is greater than or equal to 80 acres in size, two new nonfarm parcels may be created subject to the following: L Parent parcel was lawfully created prior to July 1, 2001; - ii. Remainder parcel shall meet the minimum lot size established under 18.16.065; iii. All standards established under 18.16.050(G) for the dwellings shall be met; iv. No minimum parcel size shall be required for the nonfarm parcel. v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land. 3. The minimum size for new parcels does not mean that farm dwellings may be approved on the new parcels. Chapter 18-16 20 (07/2010) 4, New dwellings in conjunction with farm use must satisfy the criteria in DCC 18.16.050. C. Nonirrigated land division. 1. The minimum lot or parcel size for a nonirrigated land division is 80 acres. 2. Notwithstanding 1 above, land divisions creating nonfarm parcels less than the minimum lot size may be allowed as follows: a. If the parent parcel is greater than 80 acres in size, up to two new nonfarm parcels may be allowed subject to the following: i. Parent parcel was lawfully created prior to July 1, 2001; ii. Remainder parcel shall be at least 80 acres in size; iii. All standards established under 18.16.050(G) for the dwellings shall be met; iv. The minimum size for the nonfarm parcels is 5 acres. v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land. vi. Be located outside of the Horse Ridge East subzone. b. If the parent parcel is greater than or equal to 40 acres and less than or equal to 80 acres, one new nonfarm parcel is allowed subject to the following: L Parent parcel was lawfully created prior to July 1, 2001; ii. Parcels are not capable of producing more than 20 cubic feet per acre per year of wood fiber; iii. Parcels are composed of at least 90 percent Class VII and VIII soils, or are composed of at least 90 percent Class VI through VIII soils and are not capable of producing adequate herbaceous forage for grazing livestock; iv. Parcels shall not have established water rights for irrigation; v. All standards established under 18.16.050(G) for the dwellings shall be met; vi. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land vii. The minimum parcel size is 5 acres; viii. Be located outside of the Horse Ridge East subzone. D. Partitions in the Wildlife Area Combining Zones must meet the minimum parcel sizes established under DCC 18.88.050. E. A division of land for a use listed under ORS 215.263 ' o ` 030 other than a dwelling. Such divisions shall be subject to the minimum parcel size requirements of DCC 18.16.060(C), $ 215.2 and the applicable partitioning standards, including the general partition standards set forth in DCC 17.22, the Subdivision and Partition Ordinance. (Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2, 2004; Ord. 2002-016 §1, 2002; Ord. 2001-01.6 §2, 2001; Ord. 95-007 §16, 1995; Ord. 94-026 §2, 1994; Ord. 92-065 §3, 1992) 18.16.060. Dimensional Standards. A. The minimum parcel size for irrigated land divisions created subject to DCC Title 17 shall be as specified under DCC 18.16.065, "Subzones." B. The minimum parcel size for nonirrigated land divisions created subject to DCC Title 17 is as specified under DCC 18.16.055(C). Chapter 18-16 21 (07/2010) C. The minimum parcel size for all other uses permitted by Oregon Revised Statutes 215.263 $CC +80 +vv90 shall be no greater than the minimum size necessary for the use. D. Each parcel shall have a minimum street frontage of 50 feet. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. (Ord. 2012-022 §2, 2012; Ord. 2009-014 §I, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §17, 1995; Ord. 93-043 §3, 1993; Ord. 93-004 §1, 1993; Ord. 92-065 §3, 1992; Ord. 92-055 §1, 1992; Ord. 91-038 §§l and 2, 1991; Ord. 91-020 §1, 1991) 18.16.065. Subzones. A. Lower Bridge. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: One hundred thirty acres of irrigated land. B. Sisters/Cloverdale. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Sixty-three acres of irrigated land. C. Terrebonne. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Thirty-five acres of irrigated land. D. Tumalo/Redmond/Bend. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Twenty-three acres of irrigated land. E. Alfalfa. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Thirty-six irrigated acres. F. La Pine. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Thirty-seven acres of irrigated land. G. Horse Ridge East. Minimum parcel size for a land division is 320 acres. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §18, 1995; Ord. 92-065 §3, 1992) 18.16.067. Farm Management Plans. A. Contents. A farm management plan shall consist of the following components: 1. A written description of existing and/or proposed farm uses, including type of crops or livestock, size and location of areas for each use, and land or soil preparation required. 2. An assessment of the soils, climate and irrigation on the parcel demonstrating that the parcel is suitable for the current or proposed use outlined in DCC 18.16.067(A)(1). 3. A business plan, including a demonstration that markets exist for the product; estimates of gross sales or actual gross sales figures; estimated or actual figures concerning necessary expenditures; and a list of capital expenditures incurred or projected to be incurred in establishing the farm use on the parcel 4. A written description of the farm uses in the area, including acreage, size and type of crop or livestock raised showing that the proposed plan is representative of similar farm uses, if any, in the area and will not conflict with the existing agriculture types. 5. For farm uses not currently practiced in the area, an analysis showing that the plan is representative of the type of agriculture proposed. B. Conditional approvals. Chapter 18-16 22 (07/2010) 1. For purposes of land use approval, in instances where at the time of application the subject land is not currently in farm use, a farm management plan will be deemed to demonstrate current employment of the land for farm use if. a. The farm management plan establishes a level of farming that constitutes a farm use; b. The farm management plan sets forth specific timelines for the completion of capital improvements (barns, fencing, irrigation, etc.) and for the establishment of the proposed farm use on the parcel; and c. Land use approval is subject to a condition that no building permit for the farm dwelling can be issued prior to a determination that pursuant to the farm management plan a farm use has been established on the subject land. 2. For purposes of determining under DCC 18.16.067 that a farm use has been established on the land, the County shall determine that the farm management plan has been implemented to the extent that the farm use has achieved the gross farm sales figure required under DCC 18.16.050. (Ord. 95-007 § 19, 1995; Ord. 93-004 §2, 1993; Ord. 92-065 §3, 1992) 18.16.070. Yards. A. The front yard shall be a minimum of 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 fee setbacks required by applicable building or D. In addition to the setbacks set forth herein, any greater structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 94-008 §16, 1994; Ord. 93-004 §3, 1993; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 89-016 §1, 1989; Ord. 83-037 §8, 1983) 18.16.080. Stream Setbacks. d To permit better light, air, vision, stream pollution control, protection of fish and wildlife areas an preservation of natural scenic amenities and vistas along streams and lakes, the following setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. (Ord. 91-038 §§1 and 2, 1991; Ord. 91-020 §1, 1991) 18.16.090. Rimrock Setback. Notwithstanding the provisions of DCC 18.16.070, setbacks from rimrock shall be as provided in DCC 18.116.160 or 18.84.090, whichever is applicable. Chapter 18-16 23 (0712010) (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 §3, 1992; Ord. 91-038 §§I and 2, 1991; Ord. 86-053 §5, 1986) Chapter 18-16 EXHIBIT A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Whereas the undersigned _ hereinafter referred to as "Declarant," is owner in tee simple of the property described in Exhibit A attached hereto and by this reference incorporated herein (the property); and Whereas, Declarant has received approval to site a manufactured home on the property described herein pursuant to land use permit No. for an accessory farm dwelling, issued by Deschutes County pursuant to Section IS. 16.050(C) of the Deschutes County Code; Whereas Section 18.16.050(C)(1)(b)(iii) requires as a condition of approval the recording of a deed restriction in favor of Deschutes County requiring that any manufactured home sited under said permit be removed prior to any further conveyance of this property; and Whereas the Declarant desires to declare his/her intention to create covenants, conditions and restrictions necessary to effectuate and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and Section 18.16.050(C) of the Deschutes County Code; Declarant hereby declares that all of the property described in Exhibit A shall be held, sold and conveyed subject to the following covenants, conditions and restrictions in favor of Deschutes County: Declarant shall cause to be removed any manufactured home sited on the property described herein pursuant to Deschutes County land use permit No. for an accessory dwelling prior to any further conveyance of the property. Declarant's obligations under this covenant shall not be extinguished by any subsequent conveyance made in disregard of these covenants, conditions and restrictions. These covenants, conditions, and restrictions shall in addition run with the land and be binding upon any of the Declarant's successors in interest should the property be transferred in disregard of this covenant. It is intended that this covenant shall have the same effect as a regulation designed to implement the comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if Deschutes County fails to take such action, by any person described in 0125 215.188. These covenants, conditions and restrictions shall be released by the County upon proof that the requirements set forth herein have been met. Dated this day of (notary seal) (Signature) Chapter 18-16 25 (07/2010) Chapter 16.12. ADDRESS NUMBERING 16.12.010. Address Number Assignment Authority. 16.12.020. Procedures and Standards For Assigning New Address Numbers. 16.12.030. Procedures and Standards for Changing Existing Address Numbers. 16.12.040. Posting of Address Numbers. 16.12.010. Address number Assignment Authority. A. Deschutes County, through its Community Development Department, shall have the authority to and shall assign address numbers to vacant lots, dwellings and other structures requiring addresses as provided by DCC 16.12. B. The County, through its Community Development Department, shall have the authority to and shall change existing address numbers under the standards set forth in DCC 1.6.12. (Ord. 89-010 §1, 1989) 16.12.020. Procedures and Standards for Assigning New Address Numbers. The procedures for assigning new address numbers are as follows: A. When a building permit is issued for a new dwelling or other structure on a lot or parcel that does not have an address, the Community Development Department shall assign an address number based on the street location of the structure's access and its location in the Deschutes County Grid System. B. A new dwelling or structure with its access point on a North/South road will be assigned an address number based on its relationship to the grid system and where the access meets the road. C. A new dwelling or structure with its access point on an East/West road will be assigned an address number based on its relationship to the grid system and where the access meets the road. D. A new dwelling or structure with access on a North/South road will have an even address number assigned to it if it is on the East side of the road, and an odd address number assigned to it if it is on the West side of the road. E. A new dwelling or structure with access on an East/West road will have an even address number assigned to it if it is on the North side of the road, and an odd address number assigned to it if it is on the South side of the road. For the areas served b Redmond Fire and Rescue a new dwelling or structure with access on an East/West road will have an odd number assi ed to it on the North side of the road and an even number assigned to it on the South side of the road to the extent ossible consistent with existin addresses in the immediate area. F. The numbers assigned to new dwellings or structures shall increase sequentially going North on a North/Soutb road, and shall increase sequentially going East on an East/West road. For the areas served b Redmond Fire and Rescue the addresses shall increase going north of Antler Avenue and shall increase going south of Antler Avenue. Additionally, numbers shall increase oin east of 151 Street and shall increase going west of I5` Street. G. New dwellings or structures on cul-de-sacs shall be numbered in a consecutive alternating sequence with even and odd numbers, as illustrated in Appendix "B," attached hereto. H. New dwellings or structures on circles or loops shall be numbered as illustrated in Appendix "C," attached hereto. 1. Each new single-family dwelling shall have one address number. J. New duplexes, triplexes and fourplexes shall be given an address number for each living unit. K. New apartment complexes, mobile home parks and other multi-unit complexes shall be given an address number as one dwelling. The owner of each such multi-unit establishment shall assign unit address numbers in a manner that is acceptable to the Community Development Department. Chapter 16.12 1 (04/2012) (Ord. 2012-009 1 2O 12 Ord. 89-010 § 1, 1989) 16.12.030. Procedures and Standards for Changing Existing Address Numbers. The provisions of DCC 16.12.020 shall apply. In addition, the following procedures and standards shall apply to the changing of existing address numbers. A. The changing of an existing address number may be initiated by the Community Development Department, or by application by the property owner or any public agency that may be affected by the address number. B. All changes in address numbers shall conform to the County Grid System and the standards for address numbers set forth in DCC 16.12.020. Any application or proposed change not in conformance with these standards shall be denied. C. An existing address number may be changed by the Community Development Department if it is not in conformance with the County Grid System and the standards for address numbers set forth in DCC 16.12.020. Proposed address number changes shall be carried out pursuant to the procedures set forth in DCC 16.12.030(F) through (1). D. An application to change an address number shall be made to the Community Development Department and shall include, at a minimum, the following: 1. Name of applicant; 2. Location of dwelling or structure; 3. Existing address number; 4. Reason for address number change; and 5. Fee, if any, as established by the Board. E. The Community Development Department shall evaluate any proposed change to determine whether it conforms to the standards set forth in DCC 16.12.020. If it does not, the application shall be denied. If the Community Development Department determines that the application is consistent with the standards set forth in DCC 16.12.020, it shall proceed consistent with the procedures set out in DCC 16.12.030(F) through (1). F. Notice of a proposed address number change shall be provided to the property owner and occupant. The notice shall inform the property owner and occupant of the County's intent to change the subject address 30 days from the date of the notice and the reason for the change. The property owner and occupant shall be given 10 days from the date of the notice to comment in writing on the proposal. G. The proposed address change shall become effective 30 days from the date of the notice provided for in DCC 16.12.030(F), unless the County determines from the comments received in response to the notice provided under DCC 16.12.030(F) that the proposed change does not conform to the standards set forth herein. H. Within 10 days of receipt of timely comments, notice shall be sent to commenting owners or occupants informing them of whether the proposed address number change was corrected in response to their comments. In cases where proposed address number changes are corrected in response to comments, the corrected address number shall become effective as of the effective date proposed in the original notice of proposed address change, unless the corrected address is the address already in use by the owner or occupant. 1. The Community Development Department shall notify the offices of the County Clerk, County Assessor, Road Department, Postmaster and any affected public safety departments of a changed address number within 30 days of the date the new number becomes effective. In addition, on a monthly basis, the Community Development Department shall publish a list of changed address numbers in a newspaper of general circulation designated for the purpose by the Board. (Ord. 89-010 §1, 1989) Chapter 16.12 2 (04/2012) 16.12.040. Posting of Address Numbers. A. General Requirements. 1. All property located outside the incorporated cities of Bend, Redmond and Sisters on which a structure is located shall display an address number. 2. Such address numbers shall be permanently affixed in a location on the property that is clearly visible from the road used as the basis for numbering. The numbers shall not be less than three inches in height, shall be painted upon or affixed to the dwelling or structure in a contrasting and visible color, and shall comply with zoning or other ordinance standards for signs. 3. In cases where the dwelling or structure is not visible from the access road and where the mailbox is not located at the end of the access driveway, the applicable fire district or emergency services agency, if any, shall be contacted to determine another location for address display so that emergency vehicles can quickly locate the house or building. 4. All construction sites or structures under construction shall display a street address number. The numbers as displayed shall conform to the requirements in DCC 16.12.040(B) and (C), except that the numbers may be affixed to a sign visible from the road used as the basis for numbering. 5. Every owner or commercial lessee of any structure shall be responsible for having the address number displayed thereon in conformance with the requirements of DCC 16.12.040(A). B. Assigned or Changed Address Numbers. Address numbers assigned or changed by the County under DCC 16.12 shall comply with the requirements of DCC 16.12.040 in addition to the requirements of DCC 16.12.040(B)(1). 1. Address numbers assigned or changed by the County must be displayed within 30 days from the date on which construction begins or on which the address becomes effective, as provided in DCC 16.12.030(G), except that address numbers assigned to sites with new construction shall be displayed from the start of construction on site. 2. Address numbers assigned by the County to structures erected after the effective date of DCC Title 16 must be permanently displayed before occupancy or use. At the time of final inspection of a new structure, the building official or his designee shall verify that assigned address numbers have been affixed as required above. 3. Every owner or commercial lessee shall be responsible for ensuring that the address number as assigned or changed by the County is displayed in accordance with the requirements of DCC 16.12.040(B). C. Failure to display an address number in conformance with the requirements set forth in DCC 16.12.040, or the display of an address number other than one assigned or changed in accordance with the provisions of DCC 16.12, shall be a violation. (Ord. 89-010 §1, 1989) Chapter 16.12 3 (04/2012) Chapter 16.08. DEFINITIONS 16.08.010. Definitions. 16.08.010. Definitions. "Address" means. A. Except as provided in DCC 16.08.010(C), an address shall consist of a five-digit number and a road name. This address shall be determined at the location where the access driveway intersects a County road, public way or private road. The address assigned to any empty lot shall be based on the most probable access location. Properties within Redmond Fire and Rescue boundaries shall be assi ed four-digit address wherever possible, consistent with the grid system for Redmond. B. Addresses shall end in an even number on the North and East sides of a road and shall end in an odd number on the South and West sides of a road. For properties within the Redmond Fire and Rescue boundaries, addresses for properties on East/West oriented roads will have an odd number assigned to them on the north side of the road, and an even number assigned to them on the south side of the road to the extent possible, consistent with existing addresses in the immediate area. C. An address may be fewer than five digits when the address is assigned on a road that is a continuation of a city street and the address numbers on the city street are fewer than five digits, except as outlined above for properties within the Redmond Fire and Rescue boundaries.. "Board" means the Deschutes County Board of County Commissioners. "Commercial lessee" means a lessee occupying a structure or portion of a structure having a separate street address as defined herein for business purposes under a lease of one-year duration or more. "County Grid System" means a coordinate system for address numbering which covers all lands within unincorporated Deschutes County. A. The address numbers in the grid system shall increase as they traverse North and East from their initial line at the rate of 400 intervals per section or approximately one interval for every 13 running feet of road. B. On North/South roads, the addresses shall be numbered in accordance with their location on the grid system, which begins with 50000 on the South and runs North consecutively to 71600, at the rate of 400 intervals per section. C On East/West roads, the addresses shall be numbered in accordance with their location on the grid system, which begins with 7600 on the West and runs consecutively to 48400 at the rate of 400 intervals per section. D. The grid system for properties within the Redmond Fire and Rescue boundaries shall be as outlined in DCC 16.12.020(F). "County road" means a public road designated by the County as part of the County road maintenance system. "Cul-de-sac" or "dead end street" means a short street having one end open to traffic and terminated by a vehicle turnaround. "Dwelling" means a building or portion thereof designed or used as the residence or sleeping place for one or more persons. "East/West road" means a road that runs predominately East and West. Roads that lie predominately at an angle greater than 45 degrees from due North or due South shall be numbered as East/West roads. Chapter 16.08 1 (04/2012) "Grid lines" are a part of the County Grid System and run West to East and South to North for the entire width and length of the County. These lines are used as reference points to detennine the numerical portion of an address that is assigned to dwellings or other structures. (See Appendix "A.") "Initial south line" means the initial South line is the South township line of Township 22 South. This line is defined as the number 50000 for the purposes of the County Grid System. The address numbers shall increase South to North at the rate of 400 intervals per section until they reach 71600 at the North boundary of the County in Township 14 South. The initial South line runs the entire width of the County, West to East, through Ranges 6 through 23 East of the Willamette Meridian. "Initial west line" means the initial West line is the West line of Range 7 East of the Willamette Meridian (the line between Ranges 6 and 7). This line is defined as number 7600 for the purposes of the County Grid System. The address numbers shall increase West to East at the rate of 400 intervals per section until they reach 48400 on the furthest Easterly boundary of the County in Range 23 East of the Willamette Meridian. "North/South road" means a road that runs predominantly North and South. Roads that lie predominantly at an angle less than 45 degrees from due North or due South shall be numbered as North/South roads. "Private road" means a private right of way created by a recorded easement or other instrument, not dedicated to or accepted by the County or other public body, and not designated as part of the County road maintenance system. "Public road" means a road over which the public has a right of use that is a matter of public record. "Structure" means somethin anyd,,* constructed or built, Navin a .fixed base on or fixed connection to the ound or another structure. Ord. 2012-009 1 2012 Ord. 95-064 § 1, 1995; Ord. 95-052 § 1, 1995; Ord. 89-010 § 1, 1989) Chapter 16.08 2 (04/2012) Chapter 2.48. DESCHUTES BASIN RESOURCE COMM.ITTIFE 2.48.010. Created. 2.48.020. Purpose of Committee. 2.48.030. Advisory Authority-Scope. 2.48.040. Membership, Staff and Support. 2.48.050. Powers and Responsibilities. 2.48.060. Supporting Findings and Conclusions. 2.48.010. Created. There is created the Deschutes Basin resource committee. (Ord. 86-063 §1, 1986) 2.48.020. Purpose of Committee. A. The purpose of the Deschutes Basin resource committee is to recommend to the Board and the Bend City Commission the means to accomplish the water resources goals and policies contained within the Deschutes County/City of Bend river study, and to provide an ongoing forum for direction and policy for maintaining and enhancing the Deschutes River Basin. B. Because many of the river study goals and policies are beyond the scope of city or County jurisdiction and require action by state agencies or the Legislature, the committee's purpose also is to review and monitor state laws and to recommend to the Board and the Bend City Commission changes in such laws necessary to carry out the goals and policies contained in the river study. (Ord. 86-063 § 1(1), 1986) 2.48.030. Advisory Authority-Scope. The Deschutes Basin resource committee is an advisory committee charged with making recommendations to the Board and the Bend City Commission on how to implement the water resources goals and policies of the river study and other matters dealing with the Deschutes River and its tributaries. (Ord. 86-063 §1(2), 1986) 2.48.040. Membership, Staff and Support. A. The Deschutes Basin resource committee shall be made up of the following members, to be appointed jointly by the Board and the Bend City Commission, and at least one member of which is from Jefferson County: 1. Two representatives from the irrigation districts; 2. One representative from the Oregon Department of Water Resources; 3. One representative from the Oregon Department of Fish and Wildlife; 4. One representative from non-consumptive water resource users (e.g., re-creators); 5. One representative from a local conservation or environmental organization; 6. One representative from the business community; 7. Two representatives from the public at large. B. The County and city shall provide adequate staff and material support for the committee. (Ord. 86.063 §1(3), 1986) Chapter 2.48 1 (10/2001) 2.48.050. Powers and Responsibilities. in providing advice and recommendations to the Board and the Bend City Commission, the Deschutes Basin resource committee should: A. Request assistance through Bonneville Power Administration's (BPA's) technical assistance program for technical improvements in methods of irrigation and means of conservation of both water and energy, and request assistance from the Water Resources Department, Bureau of Reclamation, and the Soil and Conservation Districts, to initiate an in-depth study and set priority of actions that should be taken to improve the irrigation districts' delivery system; B. Review and study of state water laws; C. Study and make recommendations consistent with the goals and policies of the comprehensive plans related to water resources; D. Report to the Board and the city commission at least semiannually. (Ord. 86-063 §1(4), 1986) 2.48.060. Supporting Findings and Conclusions. The Board adopts as its findings and conclusions supporting the ordinance codified in DCC 2.48 the Staff Report, dated May 21, 1986, relating to the Deschutes River Corridor. (Ord. 86-063 §2, 1986) Chapter 2.48 2 (10/2001) "Property line adjustment" means the relocation or elimination of a all or a portion of the common property line between twe abutting properties that does not create an additional lot or parcel. NOTICE OF PUBLIC HEARING The Deschutes County Board of Commissioners will hold a Public Hearing on Monday, April 23, 2012, at 10:00 a.m. in the Deschutes County Board of Commissioners Hearing Room at 1300 NW Wall Street, Bend, to take testimony on the following item: FILE NUMBER: TA-12-2 SUBJECT: House keeping text amendments to incorporate minor changes to State Law in Title 18 of the Deschutes County Code, Chapter 18.16, Exclusive Farm Use Zones, and Chapters 18.36 and 18.40, Forest Use Zones. Also adding to the definitions section of Title 18 (18.04.030) Room and Board Arrangements, and amending the definition of Property Line Adjustment under Title 17 (17.08.030). Amending the Addressing code (Title 16) and deleting Chapter 2.48, Deschutes Basin Resource Committee. APPLICANT: Deschutes County STAFF CONTACT: Paul Blikstad, Senior Planner (Paul.Blikstad@deschutes.org) Copies of all documents in the file and applicable criteria are available for inspection at the Planning Division at no cost and can be purchased for 25 cents a page. Documents are also available online at: www.co.deschutes.or,us/cdd/.