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2016-257-Ordinance No. 2016-013 Recorded 6/22/2016REVIEWED Oti LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS r} +� NANCY BLANKENSHIP, COUNTY CLERK Ind 2016 257 COMMISSIONERSJOURNAL 06/22/2016 11;12:63 AM 1111211111111111111 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending DCC Title 8 to Exempt Sustained Noise from Marijuana Production and Processing from Right to Farm Protections and Declaring an Emergency. * * * ORDINANCE NO. 2016-013 WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247 -15 -000253 -TA) to the Deschutes County Code (DCC) Title 8, Chapter 8.08, Noise Control; and WHEREAS, the Deschutes County Planning Commission held public hearings on November 5 and 12 2015, to review the amendments and recommended adoption; and WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public hearings on December 2, 2015, and May 2, 2016, and concluded that the public will benefit from the changes to Title 8; and WHEREAS, the Board finds it in the public interest to adopt amendments to the DCC to define permit, and establish standards for Marijuana Related Businesses in conjunction with Deschutes County Code (Title 8, Chapter 8.08) and state law (including HB 3400, SB 1598, and ORS 30.395); now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 8.08.050, Exception for Certain Farming and Forestry Practices, is amended to read as described in Exhibit "A," attached and incorporated by reference herein, with new language underlined and deleted language set forth in ctrikethrough. Section 2. FINDINGS. The Board adopts as its findings in support of this decision attached to Ordinance 2016-015 as Exhibit "K" and incorporated by reference herein. Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect �,2u / /1/ PAGE 1 OF 2 - ORDINANCE NO. 2016-013 Dated this / o ATTEST: (nt/KA4:. Recording Secretary Date of 1Reading: /5.-f day of Date of 2'd Reading: 0- day of , 2016 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, Chair TAMMY BANEY, Vi)Chair ANTHONY DeBONE, Commissioner 2016. , 2016. Record of Adoption Vote: Commissioner Yes No Abstained Alan Unger Tammy Baney Anthony DeBone Effective date: day of PAGE 2 OF 2 - ORDINANCE NO. 2016-013 , 2016. Excused 8.08.050. Exception for Certain Farming and Forestry Practices. Generally accepted, reasonable and prudent farming and forest practices as described in ORS 30.930 to 30.937 and DCC 9.12 do not constitute nuisances under DC 8.08, excepting therefrom sustained noise from, mechanical equipment used for heating. ventilation. air condition. odor control. fans and similar functions associated with marijuana production and processing. (Ord. 2016-013 §1, 2016; Ord. 95-024 §12, 1995) Page 1 of 1 - EXHIBIT A OF ORDINANCE NO. 2016-013