2016-258-Ordinance No. 2016-015 Recorded 6/22/2016REVIEWED
LE A COUNSEL
DESCHUTES OFFICIAL
RECORDS
NANCYBLANKENSHIP,COUNTY CLERKvd 2016458
COMMISSIONERS' JOURNAL 06/22/2016 11:13:00 AM
NW I I I
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending DCC Title 18 to
Define, Permit, and Establish Standards for
Marijuana Related Businesses in Conjunction
with State Law and Declaring an Emergency.
*
ORDINANCE NO. 2016-015
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 18, Chapter 18.04,
Title, Purpose and Definitions; Chapter 18.16, Exclusive Farm Use Zones; Chapter 18.32, Multiple Use
Agricultural Zone; Chapter 18.65, Rural Service Center -Unincorporated Community Zone; Chapter 18.66,
Terrebonne Rural Community Zoning Districts; Chapter 18.67, Tumalo Rural Community Zoning Districts;
Chapter 18.74, Rural Commercial; Chapter 18.100, Rural Industrial Zone; Chapter 18.108, Urban
Unincorporated Community Zone-Sunriver; and Chapter 18.116, Supplementary Provisions to incorporate
changes that define, permit and establish standards for marijuana related businesses; 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 18; 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 18)
and state law (including HB 3400, SB 1598, and ORS 30.395); now, therefore,
Ti -IE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04.030, Definitions, 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. AMENDMENT. DCC 18.16.020, Uses Permitted Outright, and DCC 18.16.025, Uses
Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a
Review Under DCC Chapter 18.124 where applicable, are amended to read as described in Exhibit "B,"
attached and incorporated by reference herein, with new language underlined and deleted language set forth
in ctrikethrough.
PAGE 1 OF 3 - ORDINANCE NO. 2016-015
Section 3. AMENDMENT. DCC 18.32.030, Conditional Uses Permitted, is amended to read as
described in Exhibit "C," attached and incorporated by reference herein, with new language underlined and
deleted language set forth in strik-ethr-ebigh.
Section 4. AMENDMENT. DCC 18.65.020, RSC — Commercial/Mixed Use District (Brothers,
Hampton, Millican, Whistlestop and Wildhunt), and DCC 18.65.022, Alfalfa RSC - Residential District, are
amended to read as described in Exhibit "D," attached and incorporated by reference herein, with new
language underlined and deleted language set forth in ctrikethrough.
Section 5. AMENDMENT. DCC 18.66.040, Commercial (TeC) District, and DCC 18.66.050,
Commercial -Rural (TeCR) District, are amended to read as described in Exhibit "E," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in strip ,x x gh.
Section 6. AMENDMENT. DCC 18.67.040, Commercial (TuC) District, and DCC 18.67.060,
Industrial (Tul) District, are amended to read as described in Exhibit "F," attached and incorporated by reference
herein, with new language underlined and deleted language set forth in strikethrough.
Section 7. AMENDMENT. DCC 18.74.020, Uses Permitted — Deschutes Junction and Deschutes
River Woods Store, DCC 18.74.025, Uses Permitted — Spring River, and DCC Section 18.74.027. Uses
Permitted — Pine Forest and Rosland, are amended to read as described in Exhibit "G," attached and
incorporated by reference herein, with new language underlined and deleted language set forth in strikethrough.
Section 8. AMENDMENT. DCC 18.100.010, Uses Permitted Outright, and DCC 18.100.020,
Conditional Uses, are amended to read as described in Exhibit "H," attached and incorporated by reference
herein, with new language underlined and deleted language set forth in strikethrough.
Section 9. AMENDMENT. DCC Chapter 18.108.050, Commercial -C District, DCC 18.108.055,
Town Center — TC District, and DCC 18.108.110, Business Park - BP District, are amended to read as
described in Exhibit "I," attached and incorporated by reference herein, with new language underlined and
deleted language set forth in strikethrough.
Section 10. AMENDMENT. DCC 18.116.280, Home Occupations, DCC 18.116.320, Medical
Marijuana Dispensary, and DCC 18.1 16.330, Marijuana Production, Processing, and Retailing, are amended to
read as described in Exhibit "J," attached and incorporated by reference herein, with new language underlined
and deleted language set forth in strikethrough.
Section 11. FINDINGS. The Board adopts as its findings Exhibit "K," attached and incorporated by
reference herein.
Section 12. EMERGENCY. `Phis Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect Q / / 1"
(
///
PAGE 2 OF 3 - ORDINANCE NO. 2016-015
Dated this /0 of 01,-44-c. 2016
0
ATTEST: �!
61)444/L: l el.� ,ii l- 1 �# •
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
abbvt—(11144/"--u
(I -
ALAN UNGER, Chair
TAMMY BEY Vic- . hair
Recording Secretary ANTHONY DEBONE, Commissioner
r
Date of 1st Reading: / _— day of
Date of 2nd Reading: day of
Commissioner
Alan Unger
Tammy Baney
Anthony DeBone
Effective date: ! -day of
Record of Adoption Vote:
Yes No Abstained Excused
PAGE 3 OF 3 - ORDINANCE NO. 2016-015
"****" Denotes portions of this Section not amended by Ordinance 2016-015.
18.04.030. Definitions.
"Cannabinoid" means am, of the chemical compounds that are the active constituents of marijuana,
"Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by a
mechanical extraction process: a chemical extraction process using a nonhvdrocarbon-based or other
solvent, such as water. vegetable glycerin. vegetable oils, animal fats. isohrcjyl alcohol., or ethanol: a
chemical extraction process using the hydrocarbon -based solvent carbon dioxide. provided that the
process does not involve the use of high heat or pressure: or any other process identified by the Oregon
Liquor Control Commission. in consultation with the Oregon !-Health Authority, by rule.
"Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate. cannabinoid
extract, or dried marijuana leaves or flowers have been incorporated.
"Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by a
chemical extraction process using a hydrocarbon -based solvent. such as butane. hexane or propane: a
chemical extraction process using the hydrocarbon -based solvent carbon dioxide, if the process uses high
heat or pressure: or any other process identified by the Oregon Liquor Control Commission. in
consultation with the Oregon Health Authority, by rule.
"Cannabinoid product" means a cannahinojd edible and am/ other product intended for human
consumption or use. including a product intended to be applied to the skin or hair. that contains
cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include usable
marijuana by itself; a cannabinoid concentrate by itself a cannabinoid extract by itself, or industrial hemp
as defined in Oreo -on Revised Statutes 571.300..
"Marijuana" means the plan( Cannabis family Cannabaceae. anv hart of the plant Cannabis family
Cannabaceae. and the seeds of the plant Cannabis family Cannahaceac. Marijuana does not include
industrial hemp as defined in Oregon Revised Statutes 571.300.
"Ntarijuana items" means marijuana. cannabinoid products. cannabinoid concentrates. and cannabinoid
extracts.
"Marijuana Processing" means the processing, compounding. or conversion of marijuana into
cannabinoid products. cannabinoid concentrates_ orcannabinoidextracts. provided that the marijuana
processor is licensed by the Oregon I,iuuor Control Commission or registered with the Oregon Health
Authority."
"Marijuana production" means the manufacture. planting, cultivation. growing. trimming. harvesting. or
divine of mariivana. provided that the marijuanaproducer is licensed by the Oregon Liquor Control
Commission. or reeistered with the Oregon Health Authority and a_ person designated to produce
marijuana by a registry identification cardholder."
"Marijuana retailing" means the sale of marijuana items to a consumer. provided that the marijuana
retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or
registered with the Oregon health Authority for medical marijuana sales.
Page 1 of 2 - EXIIIBIT A OF ORDINANCE NO. 2016-015
"Marijuana li'Iiolesalini " means the purchase of marijuana items for resale to a person other than a
consumer. provided that the marijuana wholesaler is licensed by the Oregon Liquor Control Commission.
"Person designated to produce marijuana by a reaistry identification cardholder" means person
desiitedtoroduce marijuana bya registry identification cardholder under Oregon Revised Statutes
475.304 who produces marijuana liar a registry identification cardholder at an address other than the
address where the reeistry identification cardholder resides or at an address where more than 12 mature
marijuana plants are produced.
(Ord. 2016-015 I. 2016:Ord. 2015-004 §1, 2015; Ord. 2014-009 §1, 2014; Ord. 2013-008 §1, 2013;
Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1, 2011; Ord. 2010-022 §1, 2010; Ord.
2010-018 3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008-015 §1, 2008; Ord. 2007-005 §1, 2007; Ord. 2007-
020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006-008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. Chapter
18.04 35 ( 04/2015) 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048
§1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5,
1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord.
95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1, 1995; Ord. 94-053 §1,
1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994;
Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-043 §§1, lA and IB, 1993; Ord. 93- 038 §1, 1993; Ord. 93-005
§§1 and 2, 1993; Ord. 93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992;
Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91-038 §§3 and 4, 1991;
Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009
§2, 1989; Ord. 89-004 §1, 1989; Ord. 88- 050 §3, 1988; Ord. 88-030 §3, 1988; Ord. 88-009 §1, 1988;
Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018
§1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord.
82-013 §1, 1982)
Page 2 of 2 - EXHIBIT A OF ORDINANCE NO. 2016-015
"****" Denotes portions of this Section not amended by Ordinance 2016-015.
18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
A. Farm use as defined in DCC Title ] 8.
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, within a right of way existing as of July I, 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.
J. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.16.023.
1. The replacement dwelling is subject to OAR 660-033-0130(30) and 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.
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)(1)above.
L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
M. 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.
N. 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, 468B.053 or 46813.055, or in
compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246 to
215.251.
O. Fire service facilities providing rural fire protection services.
P. 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.
Page 1 of 3 - EXHIBIT B OF ORDINANCE NO. 2016-015
Any activities or construction relating to such operations shall not be a basis for an exception under
ORS 197.732(2)(a) or (b).
Q. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16.
R. Composting operations that are accepted farming practices in conjunction with and auxiliary to farm use
on the subject tract as allowed under OAR 660-033-0130(29).
S. Marijuana production.. sullct to the provisions of DCC 18.1 16.330.
(Ord. 2016-015 t 2. 2016: Ord. 2014-010 §1, 2014; Ord. 2012-007 §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
§§1 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 or DCC
Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable.
A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings), subject to
DCC 18.16.050.
B. A relative farm assistance dwelling, subject to DCC 18.16.050.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441 and OAR 660-
033-0130(2) on non -high value farmland.
D. 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.
E. 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:
1. DCC 18.16.038(A); or
2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS
469.300.
F. Winery, as described in ORS 215.452.
G. Farm stands, subject to DCC 18.16.038.
H. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
I. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS
315.141, if the facility is located on a farm operation that provides at least one-quarter of the farm
crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry
or poultry products pursuant to ORS 603.038.
a 1. If a building is established or used for the processing facility or establishment, the farm operator
may not devote more than 10,000 square feet of floor area to the processing facility or
establishment, exclusive of the floor area designated for preparation, storage or other farm use .
b2. A processing facility or establishment must comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the processing facility.
e3. The County shall not approve any division of a lot or parcel that separates a processing facility or
establishment from the farm operation on which it is located.
J. Agri -tourism and other commercial events and activities subject to DCC 18.16.042.
K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January
1, 2013, when:
1. The number of dogs participating in training does not exceed 10 per training class and the number
of training classes to be held on-site does not exceed six per day; and
Page 2 of 3 - EXHIBIT B OF ORDINANCE NO. 2016-015
2. The nurnber of dogs participating in a testing trial does not exceed 60 and the nurnber of testing
trials to be conducted on-site does not exceed four per ca)endar year.
L. Marijuana processing, subiect to the applicable rovisions of DCC ]8.l6.O25U)and |8.||6'3]0.
(Ord. 2016-015 62'20l6; Ord. 2014'018 8l,2Ol4;Ord. 2012'007 §2, 2012; Ord. 2012'004 §2, 2012;
Ord. 20]O'O22§2.28lO;Ord. 2009'Ol4§l,2OU9;Ord. 2U08'0Ol §2, 2008; Ord. 2004-001 §2, 2004)
Page 3ofJ'EXHIBIT 8OFORDINANCE NO. 2016-015
18.32.030. Conditional Uses Permitted.
The following uses may be allowed subject to DCC 18.128:
A. Public use.
B. Semipublic use.
C. Commercial activities in conjunction with farm use. The commercial activity 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 in Deschutes County or an adjoining County.
D. Dude ranch.
E. Kennel and/or veterinary clinic.
F. Guest house.
G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in
DCC 18.116.070.
H. Exploration for minerals.
I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other
recreational uses.
J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance
and service facilities. No aircraft may be based on a personal -use landing strip 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 Aeronautics Division in specific instances. A personal use
landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any
applicable regulations of the Aeronautics Division.
K. Golf courses.
L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
M. A facility for 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
215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities
are intended to be only portable or temporary in nature. The primary processing of a forest product, as
used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of
initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in
DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary
processing facility is located.
N. Destination resorts.
O. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the
site is submitted with the conditional use application.
R. Time-share unit or the creation thereof.
S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic
concrete or Portland cement concrete, when such uses are in conjunction with the maintenance or
construction of public roads or highways.
U. Bed and breakfast inn.
V. 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.
W. Churches, subject to DCC 18.124 and 18.128.080.
X. Private or public schools, including all buildings essential to the operation of such a school.
Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124.
Z. Cemetery, mausoleum or crematorium.
AA. Commercial horse stables.
BB. Horse events, including associated structures, not allowed as a permitted use in this zone.
Page 1 of 2 - EXHIBIT C OF ORDINANCE NO. 2016-015
CC Manufactured honie park or recreational vehicle park on a parcel in use as a manufactured home park or
recreational vehicle park prior vothe adoption o[YL'l5 in 1979 and being operated as ofiune 12, 1996,
as a manufactured home park or recreaionu| vehicle park, including any expansion of such uses on the
sarne parcel, as configured on June 12, 1996.
DD.& new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules 660-004-
0040(7)(g) that:
6O'O04'OU4O(7)(g)dmt:
1. Is on property adjacent to an existing manufactured home/recreational vehicle park;
2. Is adjacent to the Ciof I3end Urban Growth Boundary; and
3. Has no more than 10 dwelling uriits,
GE The full or partial conversion from a manufactured home park or recreaionu| vehicle park described in
DCC l8.32.O]0(CC)toumanufactured home park or recreational vehicle park on the same parcel, as
configured on June 12 1996.
FF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116250(A)cv(B).
GG. Guest lodge.
811. 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.
U. Muriiuonu nroccsxinu, subiuct to the proviaions of DCC 18.116.330.
JJ. Mariitiana production subject to theJlrovioio;s_o(DCC 18.116330.
(Ord.3Ol6'Ol583`20|6;Ord. 20|5'O02§l`2Ol5;Ord. 2009'Ol8§ \,2V09;Ord. 2OO4-OO2§4,2OO4;Ord.
2001'039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97'017 §2,
lVp7;8od.V6-U388l. 1996; Ord. 94-053 §2, l094;Ord.04'0U80l,lV94;0nd.9]-O43 §84&and ELl993;
Ord. 92-055 §2, 1992; Ord. 91-038 §l, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 8§27and 35, 1990; Ord.
91'005 §§l9and 2O,l00l;Ord. 9l'002§7,lg9|;Ord. 86'018§7'l986;Ord. &3'O33§2,l9D3;Ord.8
§3, 1980)
Page 2 of 2 - EXHIBIT C OF ORDINANCE NO. 2016-015
18.65.020. RSC - Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop and
Wildhunt).
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to
applicable provisions of this chapter:
1. Single-family dwelling.
2. Manufactured home, subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Residential home and residential facility.
5. Two-family dwelling or duplex.
6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard, and hog or
mink farms.
7. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.1 16.230.
8. Class III road and street project.
9. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted,
subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC
18.124, Site Plan Review, of this title:
1. Retail store, business office and/or commercial establishment in a building or buildings each not
exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes
place in multiple buildings may not exceed 4,000 square feet.
2. Residential use in conjunction with a permitted commercial use.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
6. Highway maintenance facility.
7. - - - . . ■ . rij;tar-a D}spensary.
Marijuana wholesaling, office only. There shall be no storaie of marijuana items or products at the
same location.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to
applicable provisions of this chapter, DCC 18.1 16, Supplementary Provisions, DCC 18.124, Site Plan
Review, and DCC 18.128, Conditional Use, of this title:
1. Multi -family dwelling with three or more units.
2. Church.
3. School.
4. Cemetery.
5. Type 2 or Type 3 Horne Occupation, subject to DCC 18.116.280.
6. Medical clinic or veterinary clinic.
7. Community Center.
8. Manufactured home park.
9. Recreational vehicle or trailer park.
10. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A).
11. Marijuana retailing, subject to the provisions of DCC 18.1 16.330.
D. Yard and Setback Requirements.
1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street
right of way and 50 feet from an arterial right of way.
2. The minimum side yard setback shall be 10 feet.
3. The minimum rear yard setback shall be 20 feet.
Page 1 of 2 - EXHIBIT D OF ORDINANCE NO. 2016-015
4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm
use shall be 50 feet.
E. Lot Requirements.
1. Residential Uses:
a. The minimum lot size for residential uses in Brothers, Hampton and Millican is 2.5 acres.
b. Each lot shall have a minimum width of 200 feet.
c. Each lot must be served by an on-site well.
d. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or
parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or
partition.
e. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes
shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used
primarily for commercial purposes shall be determined by spatial requirements for sewage
disposal, landscaping, parking, yard setbacks and any other elements under site plan review.
2. Commercial and Public Uses.
a. The minimum lot size in Brothers, Hampton, Millican, Whistlestop and Wildhunt for a
commercial use served by an on-site septic system and individual well shall be the size
necessary to accommodate the use.
b. In Alfalfa, the minimum lot size shall be the size necessary to accommodate the use, but not
less than one acre.
c. Each lot shall have a minimum width of 150 feet.
d. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or
parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or
partition.
(Ord. 2016-015 X4.2016: Ord. 2015-004 §2, 2015; Ord. 2004-002 §1 1, 2004; Ord. 2002-028 §1, 2002; Ord.
2002-002 §2, 2002)
Page 2 of 2 - EXHIBIT D OF ORDINANCE NO. 2016-015
18.66.040. Commercial (TeC) District.
The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve
the community and surrounding rural area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan
review:
1. Single -family dwelling or two-family on a lot or parcel existing on June 4, 1997.
2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.1 16.070.
3. Type 1 Horne Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to
the standards of DCC 18.66.070 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as
provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject
to the applicable provisions of DCC 18.66, 18.116 and 18.1248:
1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the
following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Offices.
d. Veterinary clinic and kennel entirely within an enclosed building.
e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1).
f. Med—:cal mw rjuana E rsPenm ;1 et—t 3 DCC 18.1 16.320. Medical Marijuana Dis €asa;y:
Marijuana wholesaling. office only. There shall be no storage of marijuana items or products at the
same location.
2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor
area in a building or buildings, subject to provisions of DCC 18.66.040(E).
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions
of DCC 18.66, 18.116, 18.124 and 18.128:
1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-
22-010(2).
2. Recreational vehicle park.
3. Church.
4. Type 2 or Type 3 Horne Occupation, subject to DCC 18.116.280.
5. Public or private school.
6. Child care center.
7. Park.
8. Public or semi-public building.
9. Medical center in a building or buildings not exceeding 4,000 square feet of floor space.
10. Utility facility.
11. Water supply or treatment facility.
12. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet
of floor space.
13. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with
no exterior displays or storage of industrial equipment, industrial vehicles or industrial products:
a. Manufacturing and production.
b. Wholesale sales.
c. Mini-storage.
12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
I 8.11 6.250(A) or (B).
Page 1 of 5 - EXHIBIT E OF ORDINANCE NO. 2016-015
15. 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.
16. Marijuana processinz, subject to the provisions of DCC 18.1 16.330.
17. Marijuana retailing. subject to the provisions of DCC 18.1 16.330.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(B) and (C).
1. Sewer and Water Requirements. Applicant must obtain approval for an on-site sewage disposal system, or
if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility
(WPCF) permit before approval or as condition of approval of the land use permit.
2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC
18.66.
E. Requirements for Large Scale Uses.
I. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding
4,000 square feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural area or the travel needs of people
passing through the area;
b. The use will primarily employ a work force from the community and surrounding rural area; and
c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less.
2. For purposes of DCC 18.66.040, the surrounding rural area includes the area described by the Terrebonne
zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters
zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County
to include Crooked River Ranch.
F. Design Standards.
Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial
buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of
DCC 18.124 also apply.
1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground
level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished
grade. The window requirement applies to the ground level of exterior building walls that abut
sidewalks or roads.
2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian
entrances or display windows.
G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for
on-site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of
less than a minimum of 10,000 square feet.
H. Dimensional Standards.
Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and
landscaping are satisfied.
I. Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC
18.1 24.070(D)(3).
The street setback for buildings may be reduced, but not increased, to the average building setback distance
of existing buildings on adjoining lots.
2. Side Yard. No requirement, subject to DCC 18.66.040(1)(4).
3. Rear Yard. No specific requirements, subject to DCC 18.66.040(1)(4).
4. Exceptions to Yard Standards.
a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot
adjacent to a residential district shall be set back a minimum of 15 feet from the common property line.
The required yard shall be increased by one foot for each foot by which the building height exceeds 20
Page 2 of 5 - EXHIBIT E OF ORDINANCE NO. 2016-015
b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel
adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a
minimum of 100 feet from the common property line,
(Ord. 2016-015 2016; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997; Ord. 97-003
§2, 1997)
18.66.050. Commercial -Rural (TeCR) District.
The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses common to a farming
community.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan
review:
1. Single-family dwelling on a lot or parcel existing on June 4, 1997.
2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to
the standards of DCC 18.66.070 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as
provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject
to the applicable provisions of DCC 18.66, 18.116 and 18.124:
1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of
the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Office.
d. Residential use in the same building as a use listed in DCC 18.66.050.
e. Medical marijuana dispens:;y aihject to DCC 18.1 16.320, Medical Marijuana Dicpcn :.fid-:
Marijuana wholesalinu. office only. There shall be no stora<.ze of marijuana items or products at the
same location.
2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of floor
area in a building or buildings, subject to provisions of DCC 18.66.050(E).
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions
of DCC 18.66, 18.116, 18.124 and 18.128:
1. Church.
2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
3. Park.
4. Public or semi-public building.
5. Utility facility.
6. Water supply or treatment facility.
7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000 square feet
of floor area.
8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be
occupied by any combination of the following uses:
a. Manufacturing or production.
b. Wholesale sales.
c. Mini -storage.
d. Truck terminal.
e. Farm or contractor equipment storage, sales, service or repair.
f. Uses that require proximity to rural resources, as defined in OAR 660-04-022- (3)(a).
Page 3 of 5 - EXHIBIT E OF ORDINANCE NO. 2016-015
9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116250(/\)nr(B).
10. 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 faui\bics,
ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
||. Marijuana processing. sobjectm/hcpnovixionsorDCC |8]|h.330,
|2. Marijuana retai]ilm. subject to the nrovisioiis nf DCC 18]16.330.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.050(B) and (C).
1. Sewer and Water Requirernents.
a. Applicant must obtain approval for an on-site sewage disposal system, or if applicable, obtain a
Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit
before approval or as condition of approval of the land use permit.
b. The County shall notify the Tonebonnc Domestic Water District of land use actions made under DCC
18.66.
2. Compatibility.
a. Any use on a Jot adjacent to a residential district shall not eniit odor, dust, fumes, glare, flashing lights,
noise, or sirnilar disturbances perceptible without instruments more than 200 feet in the direction of the
affected residential lot.
b. Any use expected to generate more than 50 truck -trailer, contractors and/or farm heavy equipment trips
per day to and from the subject property shall not locate on a lot or parcel adjacent to or across a ]ocal or
collector road from a lot or parcel in a residential district.
c. No use shall be permitted that has been declared a nuisance by state statute, County ordinance or a court
ofcompetent jurisdiction.
d. No use requiring an air containment discharge permit shall be approved by the Planning Director or
Hearings Body before review by the applicable state or federal yrii'nevieing authority. Such uses
shall not be located adjacent to or across a local or collector road from a lot or parcel in u residential
district.
3. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak hour o[the day to and from the
premises shall document with facts that the affected transportation facilities are adequate to serve the
proposed use, considering the functional classification, capacity and level of service of the affected
transportation facility.
b. All parking demand generated by uses permitted by DCC 18.66 shall be accommodated entirely on the
premises.
c. Site design shall not rcquirc backing oftraffic onto a public or private road right-of-way.
4. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or
Hearings Body niay require:
a. An increased setback requirement.
b. Additional off-street parking and loading facilities.
c. Limitations on signs, Iighting, hours ofoperation and points of ingress and egress.
d. Additional landscaped buffering and screening improvements.
E. Requirernents for Large Scale Uses.
1. All uses listed in DCC 1866.050(B) may be allowed to occupy a total floor area exceeding 4,000 square
feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural area or the traveling needs of people
passing through the area;
b. The use will primarily employ awork force from the comrnuriity and surrounding rural area; and
c. It is not practical to contain the proposed use within 4,000 square feen[floor area.
2. 'J'his provision does not apply to uses listed in DCC )866.050C)(8).
3. For purposes n[DCC 18.66.050(E), the surrounding rural area described hy the Terrebonne zip code, which
extends south to the boundary of the Redmond zip code, west to thc boundary °Utile Sisters zip code, east
Page 4 of 5 EXHIBIT E0FORDINANCE NO. 2016-015
into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include
Crooked River Ranch.
F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new
commercial buildings in the TeCR District except those containing uses listed in DCC ] 8.66.050(C)(8). The
provisions of DCC 18.124 also apply.
1. The window area shall be at least 50 percent of the length of the ground level wall area and 25 percent of
height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet
above the finished grade. The window requirement applies to the ground level of exterior building walls that
abut sidewalks or roads.
2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian
entrances or display windows.
G. Lot Requirements. No lot shall be created less than a minimum of 10,000 square feet. Lot requirements for this
district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street
parking.
H. Dimensional Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal
and landscaping are satisfied.
2. No use listed in DCC 18.66.050(C)(8) that is located adjacent to or across a local or collector road from a lot
or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage or off-
street parking and loading areas.
Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC
18.124.070(D)(3)(b).
The street setback for buildings may be reduced, but not increased, to the average building setback distance
of existing buildings on adjoining lots.
2. Side Yard. No requirement, subject to DCC 18.66.050(1)(4).
3. Rear Yard. No specific requirement, subject to DCC 18.66.050(I)(4).
4. Exceptions to Yard Standards.
a. Lot line adjacent to a residential zone. For all new structures requiring a building permit on a lot
adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be
increased by one foot for each foot by which the building height exceeds 20 feet.
b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-
zoned land that is receiving special assessment for faun use, shall be set back a minimum of 100 feet
from the common property line.
(Ord. 2016-015 t5, 20I6: Ord. 2015-004 §4, 2015; Ord. 2004-002 §16, 2004; Ord. 2001-039 §7, 2001; Ord. 2001-
016 §2, 2001; Ord. 97-003 §2, 1997)
Page 5 of 5 - EXHIBIT E OF ORDINANCE NO. 2016-015
"xxxx" Denotes portions of this Section not amended by Ordinance 2016-015.
18.67.040. Commercial (TuC) District.
The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to
serve the community and surrounding area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require
site plan review.
1. Single-family dwelling or duplex.
2. Manufactured home subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and I1 road or street project subject to approval as part of a land partition, subdivision or
subject to the standards of DCC 18.67.060 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.67, 18.116 and 18.124:
1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any
combination of the following uses:
a. Retail or service business.
b. Eating and/or drinking establishment.
c. Offices.
d. Residential use in the same building as a use permitted in DCC 18.67.040.
e. Medical marijuana diapancary sabjcct to DCC 18.116.320. Medical Ntarijuarraispem-ary:
Marijuana wholesaling , office only. There shall be no storage of marijuana items or products at
the same location.
2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of
floor area in a building subject to the provisions of DCC 18.67.040(E).
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.116, 18.124, and 18.128:
1. Church.
2. Bed and breakfast inn.
3. Child care center.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Park.
6. Public or semi-public building.
7. Utility facility.
8. Water supply or treatment facility.
9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational
vehicle park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996 as a
manufactured home park or recreational vehicle park, including any expansion of such uses on the
same parcel as configured on June 12, 1996.
10. The following uses and their accessory uses may be conducted in a building or buildings not to
exceed 4,000 square feet of floor space.
a. Farm equipment, sales, service or repair.
b. Trailer sales, service or repair.
c. Vehicle service or repair.
d. Veterinary clinic.
11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of
floor space:
Page 1 of 5 - EXHIBIT F OF ORDINANCE NO. 2016-015
a. Manufacturing or production.
b. Wholesale sales.
r._ Mar ijuana_procetisine,. subject to the provisions of DCC 18.1 16.3 30.
d. Marijuana retailins?, subject to the provisions or DCC 18.1 16.330.
12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
13. 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.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11).
1. Compatibility.
a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day
to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or
across a local or collector street from a lot or parcel in a residential district.
2. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and
from the premises shall document with facts that the affected transportation facilities are
adequate to serve the proposed use, considering the functional classification, capacity and level
of service of the affected transportation facility.
b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely
on the premises.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not
greater than 10,000 square feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural area or the traveling needs of
people passing through the area;
b. The use will primarily employ a work force from the community and surrounding rural area;
and
c. It is not practical to contain the proposed use within 4,000 square feet of the floor area.
2. This provision does not apply to uses listed in DCC 18.67.040(C)(10).
3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following:
extending north to the Township boundary between Townships 15 and 16; extending west to the
boundary of the public lands managed by the U.S. Forest Service in TIES -R11 E; extending south to
the south section lines of T17S-R12E sections 4,5,6 and TITS-R11E sections 1,2,3; and extending
east to Highway 97.
F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to
new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential
use. The provisions of DCC 18.124 also apply.
1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent
of height of the ground level wall area. Ground level wall area includes all exterior wall area up to
nine feet above the finished grade. The window requirement applies to the ground level of exterior
building walls which abut sidewalks or streets.
2. Required window areas shall be either windows that allow views into working areas, lobbies,
pedestrian entrances or display windows.
G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot
requirements for this district shall be determined by spatial requirements for sewage disposal, required
landscaped areas and off-street parking.
H. Dimensional Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage
�r• 'b
disposal and landscaping are satisfied.
Page 2 of 5 - EXHIBIT F OF ORDINANCE NO. 2016-015
2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from
a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside
storage, or off-street parking and loading areas.
I. Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC
18.124.070 (D)(3).
The street setback for buildings may be reduced, but not increased, to the average building setback
distance of existing buildings on adjoining Tots.
2. Side Yard. No requirement, subject to DCC 18.67.040(1)(4).
3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (I)(4).
4. Exceptions to Yard Standards.
a. Lot line adjacent to a residential zone.
For all new structures or substantial alteration of a structure requiring a building permit on a lot
adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard
will be increased by one foot for each foot by which the building height exceeds 20 feet.
b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to
EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum
of 100 feet from the common property line.
(Ord. 2016-015 §6, 2016: Ord. 2015-004 §5, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004;
Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord.
97-033 §2, 1997)
18.67.060. Industrial (Tul) District.
The purpose of the Industrial District is to allow a limited range of industrial uses to serve the community
and the surrounding area.
A. Uses permitted outright. The following uses and their accessory uses are permitted outright:
1. Industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR
660-022 (October 28, 1994);
2. Office buildings associated with industrial uses in existence on the date of adoption of the
Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
3. Restaurants and cafeteria facilities associatcd with industrial uses in existence on the date of
adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
4. Residence for caretaker or night watchman on property with industrial uses in existence on the date
of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
5. Equipment storage associated with industrial uses in existence on the date of adoption of the
Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
6. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards of DCC 18.67.080 and 18.116.230.
7. Class III road or street project.
8. Operation, maintenance, and piping of existing irrigation systems operated by -an Irrigation District
except as provided in DCC 18.120.050.
B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted
in a building or buildings not to exceed 40,000 square feet of floor area, subject to the applicable
provisions of DCC 18.67, 18.116, and 18.124.
1. Expansion or replacement of uses allowed under DCC 18.67.060(A);
2. Office buildings associated with industrial uses;
3. Restaurant and cafeteria facilities associated with industrial uses;
4. Residence for caretaker or night watchman on property with industrial uses;
Page 3 of 5 - EXHIBIT F OF ORDINANCE NO. 2016-015
5 Equipment storage associated with industrial uses;
6. Primary processing, packaging, treatment, bulk storage and distribution of the following
products:
a. Agricultural products, including foodstuffs, animal and fish products, and animal feeds.
b. Ornamental horticultural products and nurseries.
c. Softwood and hardwood products excluding pulp and paper manufacturing.
d. Sand, gravel, clay and other mineral products.
7. Freight depot, including the loading, unloading, storage and distribution of goods and materials by
railcar or truck;
8. Contractor's or building materials business and other construction -related business including
plumbing, electrical, roof, siding, etc.;
9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building or all
outside storage is enclosed by site -obscuring fencing.
10. Mini -storage facility.
11. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated
with faun and forest uses, logging, road maintenance, mineral extraction, construction or similar
rural activities;
12. Any industrial use proposing to occupy more than 40,000 square feet of floor arca in a building or
buildings is subject to the provisions of DCC 1 8.67.060(C) and (D).
13. , .. alb . . t: • , . • lariju::r,a Di: pensary.
Mariivana processing of cannabinoid concentrates and eannabinoid products. subicct to the
provisions of DCC 18.116.330.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18,116, 18.124, and 18.128:
1. Any use permitted by DCC 18.67,060(B) which will exceed 40,000 square feet of floor area;
2. Concrete or ready mix plant;
3. Stockpiling, storage, crushing and processing of minerals, including the processing of aggregate
into asphaltic concrete or Portland Cement Concrete;
4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses to be
carried on.
5. Marijuana urocessin�iz including cannabinoid extracts. subject to the provisions of DCC 18.1 16.330.
6. Mariivana retailing, subject to the provisions of DCC 18.1 16.330.
D. Use limitations. The following limitations and standards shall apply to all permitted uses:
1. A new industrial use may occupy more than 40,000 square feet of floor area in a building or
buildings provided an analysis set forth in the comprehensive plan demonstrates and land use
regulations ensure:
a. The use will primarily employ a work force from the community and surrounding rural area and
will not rely upon a work force served by uses within urban growth boundaries. The
determination of the work force of the community shall consider the total industrial
employment in the community and surrounding rural area and be coordinated with employment
projections for nearby urban growth boundaries; and
b. It is not practical to contain the proposed use within 40,000 square feet of the floor area,
2. For the purposes of DCC 18.67.060, the surrounding rural area is described as the following:
extending north to the Township boundary between Townships 15 and 16; extending west to the
boundary of the public lands managed by the U.S. Forest Service in T16S-R1 IE; extending south to
the south section lines of T17S-R12E sections 4,5,6 and '1'] 7S -R I I E sections 1,2,3; and extending
east to Highway 97.
E. Dimensional standards. In the Industrial Zone, the following dimensional standards shall apply:
1. The minimum lot size shall be determined subject to the provisions of DCC 18.67.060 relative to
setback requirements, off-street parking and loading, and as deemed necessary by the Planning
Page 4 of 5 - EXHIBIT F OF ORDINANCE NO. 2016-015
Director or Hearings Body, to maintain air, water and land resource quality and to protect adjoining
and area land uses.
2. The minimum building setback between a structure and a street, road or railroad right-of-way line
shall be 25 feet unless a greater setback is required for compliance with Comprehensive Plan
policies.
3. The minimum setback between a structure and a property line adjoining a residential lot or use in a
platted subdivision or residential zone shall be 50 feet.
4. The minimum setback between a structure and an existing use shall be three feet from the property
line and six feet from a structure on the adjoining property.
5. The maximum building height shall be 45 feet on any lot adjacent to a residential use or lot in a
platted subdivision or residential zone.
6. The minimum lot frontage shall be 50 feet.
7. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to
EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of
100 feet from the common property line.
F. Industrial Site design. The site design of any permitted use shall make the most effective use
reasonably possible of the site topography, existing landscaping and building placement so as to
preserve existing trees and natural features, preserve vistas and other views from public ways and
neighboring residential uses and to minimize intrusion into the character of existing developments in the
immediate vicinity of the proposed use.
G. Design and use criteria. In the consideration of an application for a new industrial use, the Planning
Director or Hearings Body shall take into account the impact of the proposed use on nearby residential
and commercial uses, on resource carrying capacities and on the capacity of transportation and other
public facilities and services. In approving a proposed use, the Planning Director or Hearings Body
shall find that:
1. The new use is in compliance with the Comprehensive Plan.
2. The new use is in compliance with the intent and provisions of DCC Title 18.
3. That any adverse social, economical, physical or environmental impacts are minimized.
H. Additional requirements. As a condition of approval, the Planning Director or Hearings Body may
requ ire:
1. An increase in required setbacks.
2. Additional off-street parking and loading facilities.
3. Limitations on signs or lighting, hours of operation, and points of ingress and egress.
4. Additional landscaping, screening and other improvements.
5. Any other conditions considered necessary to achieve compliance with the intent and purposes of
DCC Title 18 and policies of the Comprehensive Plan.
1. For purposes of this chapter, a new industrial use does not include industrial uses in existence on the
date of Ord. 2005-16. Unless expanded or altered, industrial uses in existence on the date of adoption of
the TUI District are not subject to the requirements of 18.67.060(B) or 18.67.060(C).
(Ord. 2016-015 §§'6.2016; Ord. 2015-004 §6, 2015; Ord. 2005-016 §2, 2005
Page 5 of 5 - EXHIBIT F OF ORDINANCE NO. 2016-015
18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.128:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
g. Video store.
h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed
building.
i. Medical marijuana dispensary subject to-DCC 13.116.32-0, Medical Marijuana Dispcnsai3
2. Expansion of a nonconforming use listed under section B(I)(a-h), existing as of 11/05/2002, the
date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the
building as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Retail sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair garage, towing service, fuel storage and sales.
f. Public or semi-public use.
g. Residential use in the same building as a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11/05/2002, the
date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the
building as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.1 16.250(A) or (B).
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park
3. Mini-storage facilities limited to 35,000 square feet in size.
4. Marijuana retailia2. subject to the provisions of DCC 18.116,330.
(Ord. 2016-015 LI 20 16: Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2004-002 §20, 2004; Ord.
2002-019 §2, 2002)
18.74.025. Uses Permitted — Spring River.
A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and18.124:
Page 1 of 4 — EXHIBIT G OF ORDINANCE NO. 2016-015
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses:
a. Fishing supplies and equipment.
b. Snowmobiling accessories.
c. Marine accessories.
d. General store.
e. Hardware store.
f. Convenience store with gas pumps.
g. Fast food restaurant, cafe, or coffee shop.
h. Recreational rental equipment store.
i. Excavation business.
j. Landscaping business/service.
k. Health care service.
1. Beauty shop.
m. Video store.
o. Post office.
p. Party supply.
q. Equipment sales and rental.
r. Appliance store.
s. Bank.
t. Exterminator.
u. Private mailing and packaging store.
v. Bakery.
w. Medi a1 » ar uan di..-;p=sr.ay subject to DCC 18.1 16.320, Medi Ll Marijuana Dispensary.
2. Expansion of a nonconforming use listed in section A(1)(a-v), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as
of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses:
a .Pet and livestock supply.
b. Farm machinery sales and repair.
4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of
the building as of said date, whichever is greater.
B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses:
a. Full service gas station with automobile repair services.
b. Welding shop.
c. Mini -storage units
d. Marijuana retailing. subject to the provisions of DCC 18.1 16.330.
2. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as
of said date, whichever is greater.
C. Definitions. For the purposes of DCC 18. 74.120, the following definitions shall apply:
I . Landscaping business/service: Includes designing landscapes, site grading and preparation, placing
boulders, planting trees and shrubbery, installing sod, installing irrigation systems and equipment,
installing fencing, and landscape maintenance, but does not include on-site cultivation of plants or
sales.
materials or any on-site retail
Page 2 of 4 — EXHIBIT G OF ORDINANCE NO. 2016-015
2. Health care service: A business providing the diagnosis, treatment and care of physical and/or
mental disease, injury and/or disability, but not including a hospital facility or a nursing home as
defined in DCC 18.04.
3. Beauty Shop: A full service beauty salon which would include haircuts, permanents, washes, nails,
etc., and the retail sales of incidental beauty supplies typical of any beauty salon.
4. Mini -storage units: Self service mini -storage units of various sizes from 5' x 10' up to 12' x 24'.
5. Video store: The sale and rental of videotapes, compact disc movies and audio books.
6. Laundry and dry cleaners: Dry cleaners, shirt laundry and Laundromat with self-service washers
and dryers along with the sale of detergents, bleaches, etc.
7. Post office: United States Postal Service office including mail pick-up and distribution.
8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes,
linens and silverware.
9. Equipment sales and rental: The rental of construction, home repair and maintenance equipment
such as ladders, mowers, saws, gardening supplies, etc., and the sales of related equipment.
10. Appliance store: The sale and service of household appliances such as televisions, ranges,
refrigerators, etc.
11. Bank: Full service consumer bank for checking, savings, loans, safety deposit boxes, etc.
12. Exterminator: Exterminator of insects and other pests such as rodents, spiders, etc.
13. Private mailing and packaging store: Private mail boxes and packaging services, which would
include the holding and distribution of mail, packing, mailing supplies, FEDEX and UPS pick-up,
and FAX and copy machine availability.
14. Bakery: The manufacture and sale of bread, donuts and pastries.
15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming
needs, shelters and some large animal supplies such as hay, feeds and grains.
(Ord. 2016-015 2016: Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2006-008 §7, 2006; Ord.
2002-019 §2, 2002; Ord. 97-015 §1, 1997; Ord. 96-046 §1, 1996; Ord. 96-023 §1, 1996)
Section 18.74.027. Uses Permitted — Pine Forest and Rosland.
A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses that serve the surrounding rural area or the travel needs of
persons passing through the area:
a. Eating and drinking establishments.
b. Retail store, office and service establishments.
c. Medie&a;FJHfm i-tspensitly Stibje t 10 DCC 18,-1 I 6-:320. Medtcal-Mt eijua+}a-Dispe}rSart
Marijuana wholesaling. office only. There shall be no storage of marijuana items or products at
the same location.
2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500 square feet or
25 percent of the size of the building (or portion of the building) housing the nonconforming use as
of said date, whichever is greater.
3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair garage, towing service, fuel storage and fuel sales.
e. Public or semi-public use.
f. Residential use in the same building as a use permitted in this chapter.
Page 3 of 4 — EXHIBIT G OF ORDINANCE NO. 2016-015
g. Park or playground.
4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet
each or 25 percent of the size of the building (or portion of the building) housing the nonconforming
use as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the
following uses:
a. Horne occupation as defined in DCC 18.04.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
d. Child care center.
e. Church.
f. School.
e. Marijuana retailiva, subject to the provisions of DCC 18.116.330.
2. Recreational vehicle park.
3. Mini -storage facilities limited to 35,000 square feet in size.
(Ord. 2016-015 §7. 2016: Ord. 2015-004 §7, 2015, Ord. 2008-008 §1, 2008; Ord. 2007-007 §1, 2007; Ord.
2003-080, §1, 2003)
Page 4 of 4 — EXHIBIT G OF ORDINANCE NO. 2016-015
18.100.010. Uses Permitted Outright.
In an R -I Zone, the following uses and their accessory uses are permitted outright except as limited by DCC
18.100.040, and unless located within 600 feet from a residential dwelling, a lot within a platted subdivision
or a residential zone,
A. Farming or forest use.
B. Primary processing, packaging, treatment, bulk storage and distribution of the following products:
1. Agricultural products, including foodstuffs, animal and fish products, and animal feeds.
2. Ornamental horticultural products and nurseries.
3. Softwood and hardwood products excluding pulp and paper manufacturing.
4. Sand, gravel, clay and other mineral products.
C. Residence for caretaker or night watchman on property.
D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by
railcar or truck.
E. Contractor's or building materials business and other construction -related business including plumbing,
electrical, roof, siding, etc., provided such use is wholly enclosed within a building or no outside storage
is permitted unless enclosed by sight -obscuring fencing.
F. Ice or cold storage plant.
G. Wholesale distribution outlet including warehousing, but excluding open outside storage.
I -I. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside
storage is enclosed by sight -obscuring fencing.
I. Kennel or a Veterinary clinic.
J. Lumber manufacturing and wood processing except pulp and paper manufacturing.
K. Class 1 and II road or street project subject to approval as part of a land partition, subdivision or subject
to the standards and criteria established by DCC 18.116.230.
L. Class III road or street project.
M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
N. Med-ie-al marijuana dispensary subject to DCC 18.-1-16.320, Medical Marijuana Dispensary.
Mariivana orocessintt of cannabinoid concentrates and cannabinoid products. subject to the oroy cions
ofDCC 18.116.330.
(Ord. 2016-015 §8, 2016; Ord. 2015-004 §8, 2015; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001;
Ord. 2001-016 §2, 2001; Ord. 93-043 §16, 1993; Ord. 91-038 §1, 1991)
18.100.020. Conditional Uses.
The following uses may be allowed subject to DCC 18.128:
A. Any use permitted by DCC 18.100.010, which is located within 600 feet of a residential dwelling, a lot
within a platted subdivision or a residential zone.
B. Any use permitted by DCC 18.100.010, which involves open storage.
C. Concrete or ready -mix plant.
D. Petroleum products storage and distribution.
E. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic
concrete or Portland Cement Concrete.
F. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant.
G. Railroad trackage and related facilities.
H. Pulp and paper manufacturing.
I. Any use permitted by DCC 18.100.020010, which is expected to exceed the following standards:
1. Lot coverage in excess of 70 percent.
2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without
instruments 500 feet from the property line of the subject use.
Page 1 of 2 - EXHIBIT H OF ORDINANCE NO. 2016-015
J. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork, feathers, felt,
fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax, wire, wood, rubber,
yarn or similar materials, provided such uses do not create a disturbance because of odor, noise, dust,
smoke, gas, traffic or other factors.
K. Processing, packaging and storage of food and beverages including those requiring distillation and
fermentation.
L. Public Landfill Transfer Station, including recycling and other related activities.
M. Mini -storage facility.
N. Automotive wrecking yard totally enclosed by a sight -obscuring fence.
O. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
P. Utility facility.
Q. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with
farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural
activities.
R. Electrical substations.
S. Marijuana retailing, subject to the provisions of DCC 1.8.116.330.
T. Marijuana processing including cannabinoid extracts.. subject to the provisions of DCC 18.1 16.330
U. Marijuana production in the vicinity of Deschutes Junction. subject to the provisions of DCC
18.1 16.330.
(Ord. 2016-015 &8, 2016; Ord. 2004-013, §10, 2004; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001;
Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014
§38, 1990; Ord. 86-018 §15, 1986)
Page 2 of 2 - EXHIBIT 1 I OF ORDINANCE NO. 2016-015
18.108.050. Commercial - C District.
A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are permitted
outright in the C district.
Recreational path.
2. Ambulance service.
3. library.
4. Church.
5. Bus stop.
6. Community center.
7. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Retail/rental store, office and service establishment.
b. Art galleries
c. Dry cleaner and/or self-service laundry establishment.
d. Radio and television sales and service.
e. Radio and television broadcasting studios and facilities, except towers.
f. Restaurant, bar and cocktail lounge, including entertainment.
g. Automobile service station.
h. Technical and business school.
i. Catering establishment.
j. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery,
etc.).
k. Medical and dental clinic, office and laboratory.
1. Theater not exceeding 4,000 square feet of floor area.
m. dispensary subject to DC -C-48,1-16._
Mariivana wholesaling. office only. There shall he no storage of mariivana items or products at
the sante location,
8. Multiple -family residential dwelling units, subject to the provisions of DCC 18.108.050(C)(1).
9. Residential dwelling units constructed in the same building as a commercial use, subject to the
provisions of DCC 18.108.050(C)(2).
10. Post Office.
11. Administrative and office facility associated with a community association or community use.
12. Police facility.
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128
and a conditional use permit_
1. Public buildings and public utility buildings and structures.
2. Club, lodge or fraternal organization.
3. Connnerciai off-street parking lot.
4. Bus passenger station.
5. Interval ownership and/or time-share unit or the creation thereof.
6. Miniature golf.
7. Bed and breakfast inn.
8. Inn.
9. Residential facility.
10. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Bowling alley.
b. Car wash.
c. Dancing or music school, nursery school, kindergarten and day-care facility.
d. Theater exceeding 4,000 square feet in floor area.
Page 1 of 10 — EXHIBIT I OF ORDINANCE NO. 2016-015
e. Veterinary clinic or kennel operated entirely within an enclosed building.
f. Automotive repair and maintenance garage, or tire store, provided the business is wholly
conducted within an enclosed building,
u. Marijuana retailing. subject to the provisions n[DCC |8] )k33U.
C. Use Limits.
I. Multiple -family residential dwelling units, allowed on the nine acres vacant as of December 31,
1997 iothe C District, shall be suNcct10the provisions of DCC 18.108.040(C) and (D), and the
following requirements:
a. No dwelliiig unit slialI have moro than three bedroorns.
b. Individual dwelling units shall not exceed 2,250 square feet ofhabitable floor area.
c. One off-street parking space shall be provided for each bedroom within each dwelling unit,
with a maximum of two spaces allowed per dwdlling unit.
2. Residential dwelling units constructed in the same building as a cornrnerciai use developed in the C
district shall be subject to the foliowing requirements:
a. Residential dwelling units shall hodeveloped above firstfloor commercial use.
b. No dwelling unit shall have more than two bedroorns.
c. Individual dwelling units shall not exceed 850 square feet of floor area.
d. One off-street parking space shall be provided for each bedroom within each dwelling unit.
3. Uses permitted either outright or conditionally in the C District shall not involve the transport of
chemicals which would present a significant hazard.
D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.050(A)(7) or DCC
\8.\08.O5O(B)(lO)may buallowed inubuilding o/buildings each exceeding 8,0U0square feet offloor
space ifthe Planning Director or !-Iearings Body finds:
1. That the intended customers for the proposed use will come from the community and surrounding
rural area, or thc usc will rneet the needs ofthe the people passing through the area. For the purposes of
DCC 18.108.050(D), the surrounding rural area shall be that area identified as all property within
five miles of the boundary ofthe Sunriver Urban Unincorporated Community;
2. The use will primarily employ a work force from the community and surrounding rural area; and
3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor
space.
E Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered
to exceed 30 feet in height.
F. Lot Requirements. The following lot requirernents shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requiremonto.
3. Lot Depth. 100 feet.
4. Front Yar. The fronyards shall be a minirnum of 10 feet.
5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then
the side yard shall be a rniniinurn of 10 feet. The required side yards shall be increased hy one-half
foot for cach foot by which the building height exceeds 20 feet.
6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then
the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half"/
foot for each foot by which the building height exceeds 20 feet.
7. Lot Coverage. No requirements.
(Ord. 2016-015 6V. 20|6: Ord. 2015-004 §9, 2015; Ord. 2003-026 §1, 2003; Ord. 98-016 §1, 1998; Or .
97'078§2, 1997)
18.108.055 TnwmCeour—TC District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the TC
District.
Page 2 of 10 — EXI-IIBIT 1 OF ORDINANCE NO. 2016-015
I . Park or plaza.
2. Library.
3. Community center.
4. Visitors center.
5. A building, or buildings each not exceeding 8,000 square feet of floor space, unless approved as a
Large Scale Use pursuant to DCC 18.108.055(C), including any of the following uses:
a. Retail/rental store, office, civic and service establishment.
b. Grocery store.
c. Art gallery.
d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including entertainment.
e. Health care service including medical and dental clinic, office, pharmacy, and laboratory but
excluding nursing homes.
f. Health & fitness facility.
g. Barber, beauty shop or spa.
h. Child care center, preschool and daycare facility.
i. Bank.
j. Post office.
k. Veterinary clinic (without animal boarding facilities).
1. Crafts in conjunction with retail sales (occurring on premises such as sculpture, stained glass,
pottery, etc.).
m. Meeting room, convention and banquet facility.
n. Property sales, mortgage, management or rental office.
o. Movie theater.
p. (`",;diel marij iu ra dispensary subject to DCC 18.116.320, Medical Maz ijuar Dispcnsa►y.
6. Multi -family Residential, subject to paragraphs (E)(1) and (2).
7. Developed recreational facilities, outdoors or in a building or buildings each not exceeding 8,000
square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C),
including, but not limited to the following facilities:
a. Indoor and outdoor swimming pools.
b. Ice skating rink.
c. Indoor and outdoor tennis courts.
d. Indoor and outdoor basketball court or other ball field.
e. Physical fitness facilities.
f. Park, playground and picnic and barbeque area.
g. Walkways, bike paths, jogging paths.
h. Bowling alley.
1. Arcade.
8. Hotel with up to 100 hotel units in a single building.
9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3) and a limit of 8,000 square feet
of floor space for commercial uses listed in DCC 18.108.055(A)(5) or recreational uses listed in
DCC 18.108.055(A)(7), unless said uses are approved as large scale uses pursuant to DCC
18.108.055(C).
10. Residential Facility.
11. Senior housing/assisted living or active adult development, excluding nursing homes.
12. Townhomes, subject to paragraphs (E)(1) and (2).
13. Accessory uses to uses permitted outright, including, but not limited to, parking facilities, private
roads, storage facilities, trash receptacles and recycling areas.
14. Similar uses to those allowed outright, provided they are approved by the County in the decision
approving the Conceptual Site Plan described in DCC 18.108.055(K).
B. Conditional Uses Permitted. The following conditional uses niay be permitted pursuant to the
provisions of DCC 18.128, Conditional Use Permits.
Page 3 of 10 — EXHIBIT 1 OF ORDINANCE NO. 2016-015
1. Public buildings and public utility buildings and structures.
2. Bed and breakfast inn.
3. Ambulance service.
4. Fire station.
5. Police station.
6. Bus passenger station.
7. Live/work residence.
8. Stand-alone parking structure.
9. Accessory uses to the above -listed conditional uses.
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.,
C. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.055(A)(5) or (A)(7)
may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the
Planning Director or Hearings Body finds:
1. That the intended customers for the proposed use will come from the Sunriver community and
surrounding rural area. The surrounding rural area is the area identified as all property within five
miles of the boundary of the Sunriver Urban Unincorporated Community; and/or
2. The use will meet the needs of the people passing through the area.
D. Form of Ownership/List of Uses.
1. Any lawful form of ownership is allowed in the TC District.
2. The listing of uses permitted in the TC District is not intended to prohibit other uses allowed
elsewhere in Sunriver.
3. When a general use listed in the TC District includes a use or type of ownership that is more
specifically described in another zone in Sunriver, the specific listing elsewhere does not prohibit
that use from being conducted in the TC District.
E. Use Limits.
1. Commercial uses, except for Type 1 home occupations as defined in DCC 18.116.280, are not
allowed in Multi -family Residential buildings or Townhomes.
2. Notwithstanding subsection (E)(1), above, the following uses are allowed in Multi -family
Residential buildings or Townhomes:
a. Live/work residences.
b. Lock -off areas.
c. Accessory uses to the residential use of the building, such as parking and storage areas.
3. In a Mixed Use Structure, any ground floor unit that has primary frontage along a public plaza
approved as part of a Conceptual Site Plan shall be used only for commercial, recreational or
community/governmental uses, but not for hotel units.
4 A live/work residence is subject to the following conditions.
a. One or more walls of the residence adjoin another residential or commercial building.
b. The first floor above the garage is the ground floor, where a parking garage is provided below a
residence, below the average finished grade and is completely obscured from view on at least
one side of the building.
c. The commercial area of the live/work residence may not exceed fifty percent (50%) of the
square footage of the entire unit, excluding the garage.
d. The commercial area shall not exceed 8,000 square feet in combination with other commercial
uses in the same building unless the building has been approved as a part of a Large Scale Use
pursuant to DCC 18.108.055(C).
F. Building Height Regulations.
1. Except as provided in subsection (2), below, no Mixed Use Structure shall be erected, enlarged or
structurally altered to exceed 60 feet in height.
2. One Mixed Use Structure shall be permitted with a maximum height not to exceed 75 feet in height,
so long as the building footprint of that portion of said building that exceeds 60 feet in height is not
greater than 40,000 square feet of the footprint.
Page 4 of 10 -- EXHIBIT I OF ORDINANCE NO. 2016-015
3. Townhomes may not exceed 40 feet in height.
4. Multi -family Residential buildings that are not Mixed Use Structures may not exceed 50 feet in
height.
5. The height of all other buildings for uses other than those described in subsections (F)(1)-(4), above,
may not exceed 45 feet in height.
6. Where a parking garage is provided beneath buildings or structures described in subsection (F)(1)
and (2), above, the height of the building shall be measured from the highest point of the roof to one
of the following points:
a. A point equal to the elevation of the highest adjoining sidewalk or ground surface within a five
foot horizontal distance of the exterior wall of the building when such sidewalk or ground
surface is not more than 10 feet above the lowest elevation adjacent to the building; or
b. A point equal to the elevation that is 10 feet higher than the lowest grade from the sidewalk or
ground surface describcd in subsection (a), above, when the sidewalk or ground surface
described in subsection (a) is more than 10 feet above lowest grade adjacent to the building.
7. Projections and architectural elements such as chimneys, spires, clock towers, skylights, atriums,
flag poles, mechanical equipment and screens and other similar items that do not add habitable
interior floor arca may be allowed to exceed the height limit by a maximum of 10 feet.
8. Buildings that comply with the height limitations of this subsection also comply with the view
protection requirement imposed by DCC 18.124.060(A).
G. Lot Requirements. The following lot requirements shall be observed.
1. Front yard: the front yard shall be a minimum of 10 feet.
a. Where a lot has more than one front yard, only one front yard must meet the 10 feet minimum.
b. Below -grade parking structures that are built under private streets do not need to meet front
yard setback requirements.
2. Side yard: 0 feet.
3. Rear yard: 0 feet.
4. Frontage: 0 feet.
5. Road Access.
a. Each lot shall have access to any required parking areas and driveways, and to a private road,
via a perpetual easement recorded for the benefit of the subject lot.
H. District Setback.
1. All development, including structures and sight -obstructing fences over three feet in height, shall be
set back from exterior TC District boundaries by the following distances:
a. Where the TC District boundary borders an RS or RM District, the minimum setbacks will be:
1) 15 feet from the TC District boundary for any portion of a building that is 45 feet or lower
2) 20 feet from the TC District boundary for any portion of a building that is over 45 feet in
height and that does not exceed 50 feet in height.
3) 50 feet from the TC District boundary for any portion of a building that is over 50 feet in
height.
b. Where the TC District boundary borders a CL District, the minimum setbacks will be:
1) Five feet from the TC District boundary for any portion of a building that is 45 feet or
lower.
2) 10 feet from the TC District boundary for any portion of a building that is over 45 feet in
height and that does not exceed 50 feet in height.
3) 20 feet from the TC District boundary for any portion of a building that is over 50 feet in
height and that does not exceed 60 feet in height.
4) 50 feet from the TC District boundary for any portion of a building that is over 60 feet in
height.
c. Where the TC District boundary borders any other zoning district, the minimum setback will
be:
Page 5 of 10 — EXHIBIT 1 OF ORDINANCE NO. 2016-015
1) 10 feet from the TC District boundary for any portion of a building that is 45 feet in height
or lower.
2) 15 feet from the TC District boundary for any portion of a building that is over 45 feet in
height and that does not exceed 50 feet in height.
3) 20 feet from the TC District boundary for any portion of a building that is over 50 feet in
height.
2. Items allowed in the District Setback include, but are not limited to, parking, roads, signage,
pedestrian pathways, street trees, planters, driveways, landscaping, and outdoor seating.
I. Floor Area Ratio.
1. The maximum Floor Area Ratio in the TC District is 1.0.
2. Floor Area Ratio is determined by dividing the enclosed floor area of all floors of all buildings that
are proposed by a Conceptual Site Plan by the land area to be bound by the Conceptual Site Plan.
3. The following areas are not a part of the "enclosed floor area of all buildings":
a. Below -grade parking garages and mechanical rooms and storage areas located on the same
floor as the parking garage.
b. Crawl spaces and attics that are not suited to human occupancy.
J. Zone Coverage.
1. The total square footage of the building footprints of buildings and enclosed structures is limited to
fifty percent (50%) of the gross acreage bound by a Conceptual Site Plan in the TC District.
2. The total square footage of the building footprints of Multi -family Residential and Townhome
buildings allowed by DCC 18.108.055(A)(6) and (12) is limited to a maximum of twenty percent
(20%) of the gross acreage of the TC District.
3. When calculating the building footprint, buildings and enclosed structures include any deck that is
more than 12 inches above finished grade and all areas within any screened enclosure permanently
affixed to the ground.
4. The following are not included as building or structures for purposes of calculating building
footprint:
a. Eaves and any driveway, road, walkway, deck, patio, plaza, or porch that is 12 inches or less
above finished grade (except with affixed improvements that exceed 12 inches); and
b. Parking areas on or below finished grade.
K. Conceptual Site Plan.
1. Prior to or concurrent with approval of a site plan or conditional use permit, an applicant must file
for approval of a Conceptual Site Plan.
2. A Conceptual Site Plan shall provide a master plan that depicts the approximate location of all of
the applicant's proposed land uses.
3. All land owned or controlled by the applicant in the TC District must be shown on and will be
bound by the applicant's Conceptual Site Plan.
4. A Conceptual Site Plan application must include all of the following information:
a. Types of uses.
b. Site circulation.
c. Pedestrian Facilities.
d. Traffic impact study, as described in DCC 17.16.115
e. The following additional information:
1) An analysis of site access points to Abbott Drive and Beaver Drive by a registered
professional engineer who specializes in traffic analysis work that describes operational,
capacity and sight distance issues of those access points and the impact of Conceptual Site
Plan development on those access points.
2) Identification of street system improvements needed to support the proposed development
based on the information provided by the reviews required by this subsection (d).
3) A schedule for the construction of needed street improvements, if any, keyed to
development benchmarks.
Page 6 of 10 — EXHIBIT 1 OF ORDINANCE NO. 2016-015
f. Approximate location of phase boundaries, if phased development is proposed, and notation of
the phasing sequence.
g. The projected location and projected range of building or structure size, in square feet, for
commercial uses.
h. The projected location and projected range of the number of dwelling units for residential use.
i. The projected location and approximate size, in square feet, of plazas and public gathering
areas.
j. Elevations throughout the site that represent general elevations of each use.
1) Examples of uses for which such elevations should be shown on the Conceptual Site Plan
are residential, hotel or commercial structures, pedestrian plazas, parking areas, road
intersections, and at length along all roadways.
2) Such elevations must show existing and projected finished elevations.
k. The projected footprint and location of new buildings or parking areas. The exact footprints and
locations of buildings and parking areas shall be determined during site plan review.
1. Existing uses on lands owned or controlled by persons other than the applicant.
5. A Conceptual Site Plan shall be approved if it demonstrates that future development is located on
the subject property so that, in addition to the requirements of DCC 18.108.055, the following
standards can be met at the time of site plan review:
a. DCC 23.40.025; and
b. DCC 18.124.060 (A) - (E) and (I); interpreted as described in DCC 23.40.025(E)(1)(d)(3).
6. Approval of a Conceptual Site Plan does not authorize uses or development.
7. An applicant shall commence development within five years of the date of final approval of the
Conceptual Site Plan unless an extension of the duration of approval of the Conceptual Site Plan has
been granted pursuant to DCC 22.36.010(C).
8. Substantial construction of a Conceptual Site Plan development, for purposes of DCC
22.36.020(A)(2), occurs when the first building authorized by the Plan has been substantially
constructed, as defined by DCC 22.36.020(B).
L. Application and approval process.
1. A site plan or conditional use application shall be consistent with the Conceptual Site Plan with the
following exceptions.
a. Existing structures or features can be used or altered to meet the requirements of subsections (5)
and (10)-(13) of this subsection.
b. If the existing structures or features were included in a site plan approval under DCC
18.108.055 and the existing structures or features are proposed to be altered by subsequent site
plan, that subsequent site plan must demonstrate compliance with the requirements of
subsections (5) and (10)-(13) of this subsection.
2. A site plan application shall include the number of all uses by type, their ITE code and their pm
peak hour trips.
3. Each site plan, cumulatively with any previously approved site plan, shall demonstrate that the
development will not generate traffic at a rate that will exceed the number of pin peak hour vehicle
trips for residential and commercial uses assumed in the traffic study required by subsection (K)(4)
above.
4. Adjustments niay be made to building locations, sizes, footprints, unit counts and phase boundaries
shown on the Conceptual Site Plan during site plan review if such adjustments do not constitute a
change requiring modification of approval of the Conceptual Site Plan pursuant to DCC 22.36.040.
5. An applicant seeking site plan approval shall demonstrate that, when the development that is subject
to the site plan approval is complete, a ratio of 150 square feet of commercial space to one dwelling
unit will be met.
6. The term "dwelling unit" used in subsection (5), above, includes:
a. All hotel and residential dwelling units, including Multi -family Dwellings and Townhomes.
Page 7 of 10 — EXHIBIT I OF ORDINANCE NO. 20] 6-015
b. Lock -off Areas shall be counted as a half dwelling unit for purposes of calculating the ratio
described in subsection (5), above.
7. The development in the TC District, cumulatively with any previously approved site plan, must
meet the ratio in subsection (5) above.
8. When a second or subsequent site plan is approved a commercial area shown on a prior site plan
may be counted toward meeting the required ratio in Subsection (5) above only if construction of
the commercial area approved on a prior site plan has been commenced.
9. The site plan shall include the projected finished and existing grade elevations of the site indicating
every foot of elevation change on the subject property.
10. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance
with the fifteen percent (15%) lot area landscaping requirement of DCC 18.124.070(B)(1)(a).
a. Landscape areas existing as of the adoption of Ordinance 2008-105 may be used to determine
compliance with the fifteen percent (15%) rule as long as the existing landscaping is included in
the site plan.
b. In the TC District, plazas available to the public may be included to demonstrate compliance
with the fifteen percent (15%) landscaping requirement.
11. Each site plan, cumulatively with all previous site plans, shall demonstrate compliance with the
FAR requirements of DCC 18.108.055(1).
12. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance
with the recreation space requirements of DCC 18.124.070(A)(2).
13. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance
with the zone coverage requirements of DCC 18.108.055(J).
14. Where improved bike paths cross land proposed for site plan development, the applicant shall retain
or relocate and rebuild the bike path.
M. Any application for a zone change to the Town Center District shall include a copy of a signed
development agreement between the property owner, the applicant, if different than the property owner,
and the homeowners association.
(Ord. 2016-015 S9, 2016; Ord. 2015-004 §9, 2015; Ord. 2008-015 §2, 2008)
18.108.110. Business Park - BP District.
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. Residential uses existing as of March 31, 1997.
2. Administrative, educational and other related facilities in conjunction with a use permitted outright.
3. Library.
4. Recreational path.
5. Post office.
6. Church in building or buildings not exceeding 5,000 square feet of floor area.
7. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
Retail/rental store, office and service establishment, including but not limited to the following:
a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or
maintenance business, including tire stores and parts stores.
b. Agricultural equipment and supplies.
c. Car wash.
d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air
conditioning, painter, etc..
e. Construction equipment sales, rental and/or service.
f. Exterminator services.
g. Golf cart sales and service.
h. Lumber yard, home improvement or building materials store.
Page 8 of 10 — EXHIBIT I OF ORDINANCE NO. 2016-015
i. Housekeeping and janitorial service.
j. Dry cleaner and/or self-service laundry facility.
k. Marine/boat sales and service.
Restaurant, bar and cocktail lounge including entertainment.
1.
p. -Modica] Inc:- . ! ' , ' arijcana Di-apensary.
Mariivana processing. cannabinoid _concentrates and cannabinoid products, subject to the
provisions of DCC 18.1] 6.330.
u. Mariivana wholesaling, office only. There shall be no storaac of marijuana items or products at
the same location.
8. A building or buildings each not exceeding 20,000 square feet of floor space housing any
combination of:
a. Scientific research or experimental development of materials, methods or products, including
engineering and laboratory research.
b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared
materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or
stones, etc.
c. Manufacture of food products, pharmaceuticals and the like, but not including the production of
fish or meat products, or the rendering of fats and oils.
d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of
floor area.
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128
and a conditional use permit:
1. Public buildings and public utility structures and yards, including railroad yards.
2. A dwelling unit for a caretaker or watchman working on a developed property.
3. Law enforcement detention facility.
4. Parking lot.
5. Radio and television broadcast facilities.
6. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Bowling alley.
b. Theater.
c. Veterinary clinic and/or kennel.
d. Mariivana processing including cannabinoid extracts. subiect to the provisions of DCC
18.116.330.
e. Mariivana retailing, subiect to the provisions of DCC 18.116.330.
7. A building or buildings each not exceeding 20,000 square feet of floor space housing any
combination of:
a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of
floor area.
b. Distillery and beer/ale brewing facility, including wholesale sales thereof.
c. Self/mini storage.
d. Trucking company dispatch/terminal.
e. Solid waste/garbage operator, not including solid waste disposal or other forms of solid waste
storage or transfer station.
C. Use Limits. The following limitations and standards shall apply to uses listed in DCC 18.108.110(A) or
(B):
1. A use expected to generate more than 30 truck -trailer or other heavy equipment trips per day to and
from the subject property shall not be permitted to locate on a lot adjacent to or across the street
from a lot in a residential district.
2. Storage, loading and parking areas shall be screened from residential zones.
Page 9 of 10 — EXHIBIT 1 OF ORDINANCE NO. 2016-015
3. No use requiring air contaminant discharge permits shall be approved by the Planning Director or
Hearings Body prior to review by the applicable state or federal permit reviewing authority, nor
shall such uses be permitted adjacent to or across the street from a residential lot.
D. Special Requirements for Large Scale Uses.
Any of the uses listed in DCC 18.108.110(A)(6) or (B)(6) may be allowed in a building or buildings
each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds:
1. That the intended customers for the proposed use will come from the community and surrounding
rural area, or the use will meet the needs of the people passing through the area. For the purposes of
DCC 18.108.110, the surrounding rural area shall be that area identified as all property within five
miles of the boundary of the Sunriver Urban Unincorporated Community;
2. The use will primarily employ a work force from the community and surrounding rural area; and
3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor
space.
E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered
to exceed 45 feet in height.
F. Lot Requirements. The following lot requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. Each lot shall have a minimum depth of 100 feet.
4. Front Yard. The front yard shall be a minimum of 25 feet.
5. Side Yard. No side yard required, except when adjoining a lot in an RS or RM District and then the
required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a
railroad right of way.
6. Rear Yard. No rear yard required, except when adjoining a lot in an RS or RM District and then the
rear yard shall be 50 feet. No rear yard is required on the side of a building adjoining a railroad
right of way.
7. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the
total lot area.
(Ord. 2016-015 §9, 2016iOrd. 2015-004 §9; 2015; Ord. 2012-002 §1, 2012; Ord. 97-078 §2, 1997)
Page 10 of 10 — EXHIBIT I OF ORDINANCE NO. 2016-015
"*"*" Denotes portions of this Section not amended by Ordinance 2016-015.
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.280. Home Occupations.
F. Prohibited Uses: The following mariivana rises shall be prohibited as any home occupation:
1. Marijuana production;
2. Marijuana processing;
3. Marijuana retailing; and
4. Marijuana wholesaling.
(Ord. 2016-015 ,S10, 2016; Ord 2007-021 §1, 2007; Ord 2004-002 §24, 2004)
18.116.330. Marijuana Production, Processing, and Retailing
A. App licability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU, MUA-10, and RI zones.,
2, Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, TuI, RI, and SUBP zones
3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones.
4. Marijuana Wholesaling in the RSC. TeC, TeCR, TuC, RC, SUC, and SUBP zones.
B. Marijuana production and marijuana processing. Marijuana production and mariivana processing shall
be subject to the following standards and criteria:
1. Minimum Lot Area.
a. In the EFU and MUA-10 zones, the subject leaal lot of record shall have a minimum lot area of
five (5) acres.
2. Indoor Production and Processing.
a. In the MUA-10 zone, marijuana production and processing shall be located entirely within one
or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof
covering. Use of greenhouses, hoop houses. and similar non -rigid structures is prohibited.
b. In the EFU zone, marijuana production and processing shall only be located in buildings,
including greenhouses. hoop houses, and similar structures.
c. In all zones, mariivana production and processing are prohibited in any outdoor area.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature
marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2.500 square feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The
maximum canopy area for mature mariivana plants may be increased to 10,000 square feet
upon demonstration by the applicant to the County that:
i. The mariivana production operation was lawfully established prior to January 1. 2015; and
Page 1 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
ii. The increased mature marijuana plant canopy area will not generate adverse impact of
visual, odor. noise, lighting, privacy or access greater than the impacts associated with a
5.000 square foot canopy area operation.
c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10.000 sauare feet..
d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 souare feet.
e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet.
4. Maximum Building Floor Area. In the MtJA-10 zone, the maximum building floor area used for all
activities associated with marijuana production and processing on the subiect property shall be:
a. Parcels from 5 acres to less than 10 acres in lot area: 2.500 square feet.
b. Parcels equal to or greater than 10 acres: 5,000 square feet.
5. Limitation on License/Grow Site per Parcel. No more than one (11 Oregon Liquor Control
Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered
medical marijuana grow site shall be allowed per legal parcel or lot.
6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and
buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 100 feet.
b. Setback from an off-site dwelling: 300 feet.
For the purposes of this criterion. an off-site dwelling includes those proposed off-site
dwellings with a building permit application submitted to Deschutes County prior to
submission of the marijuana production or processing application to Deschutes County.
c. Exception: Anv reduction to these setback reauirements may be granted by the Planning
Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford
equal or greater mitigation of visual, odor. noise, lighting, privacy, and access impacts.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1000 feet from:
i. A public elementary or secondary school for which attendance is compulsory under Oregon
Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any
property used by the school:
ii. A private or parochial elementary or secondary school, teaching children as described in
ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by
the school;
iii. A licensed child care center or licensed preschool, including any narking lot appurtenant
thereto and any property used by the child care center or preschool. This does not include
licensed or unlicensed child care which occurs at or in residential structures:
iv. A youth activity center; and
v. National monuments and state parks.
b. For purposes of DCC 18.116.330(B1(7), all distances shall be measured from the lot line of the
affected properties listed in DCC 18.116.33003)(7)(a) to the closest point of the buildings and
land area occupied by the marijuana producer or marijuana processor.,
c. A change in use of another property to those identified in DCC 18.1 16.330(Bl(7) shall not
result in the marijuana producer or marijuana processor being in violation of DCC
18.116.330(B)(71 if the use is:
i. Pending a Local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
Page 2 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
8. Access. Marijuana production over 5.000 square feet of canopy area for mature marijuana plants
shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed public, county, or state road; or
b. Have access from a private road or easement serving only the subject property.
c. if the property takes access via a private road or easement which also serves other properties,
the applicant shall obtain written consent to utilize the easement or private road for marijuana
production access from all owners who have access rights to the private road or easement. The
written consent shall:
i. Be on a form provided by the County and shall contain the following information;
ii. Include notarized signatures of all owners. persons and properties holding a recorded
interest in the private road or easement:
iii. Include a description of the proposed marijuana production or marijuana processing,
operation; and
iv. Include a legal description of the private road or easement.
9. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting_ including greenhouses, hoop houses, and similar structures, used for
mariivana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on
the following day.
b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the
Tamp or a diffusing element. or indirectly by reflection or refraction. is projected below the
horizontal plane through the lowest light -emitting part.
c. Light cast by exterior light fixtures other than mariivana grow lights shall comply with DCC
15.10, Outdoor Lighting Control.
10. Odor. As used in DCC 18.116.330(B)(10). building means the building. including greenhouses.
hoop houses, and other similar structures. used for marijuana production or marijuana processing..
a. The building shall be equipped with an effective odor control system which must at all times_
prevent unreasonable interference of neighbors' use and enjoyment of their property.
b. An odor control system is deemed Permitted only after the applicant submits a report by a
mechanical engineer licensed in the State of Oregon demonstrating that the system will control
odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property.
c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at
all, as provided in applicable state statute.
d. The odor control system shall:
i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM)
equivalent to the volume of the building (length multiplied by width multiplied by height)
divided by three. The filter(s) shall be rated for the required CFM; or
ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation,
than provided by (i) above.
e. The system shall be maintained in working order and shall be in use.,
11. Noise. Noise produced by mariivana production and mariivana processing shall comply with the
following:
a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor
control, fans and similar functions shall not exceed 30 dB(A) measured at any property line
between 10:00 p.m. and 7:00 a.m. the following day.
b. Sustained noise from mariivana production is exempt from protections of DCC 9.12 and ORS
30.395. Right to Farm. Intermittent noise for accepted farming practices is permitted.
Page 3 of 6 — EXI IIBIT J OF ORDINANCE NO. 2016-015
12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop
houses. and similar non -rigid structures and land areas used for marijuana production and
processing:
a. Subject to DCC 18.84. Landscape Management Combining Zone approval, if applicable.
b. Fencing shall be finished in a eluted earth tone that blends with the surrounding natural
landscape and shall not be constructed of temporary materials such as plastic sheeting. hay
bales, tarps, etc., and shall be subject to DCC 18.88. Wildlife Area Combining Zone. if
applicable.
c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends
with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the public right-of-way or
adjacent properties shall be retained to the maximum extent possible. This provision does not
prohibit maintenance of existing lawns, removal of dead. diseased or hazardous vegetation: the
commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or
agricultural use oldie land.
13. Water. The applicant shall provide:
a. A copy of a water right permit, certificate. or other water use authorization from the Oregon
Water Resource Department; or
b. A statement that water is supplied from a public or private water provider, along with the name
and contact information of the water provider; or
c. Proof from the Oregon Water Resources Dep aitment that the water to be used is from a source
that does not require a water right.
14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall
only be permitted on properties located within the boundaries of or under contract with a fire
protection district.
15. Utility Verification. A statement from each utility company proposed to serve the operation. stating
that each such company is able and willing to serve the operation. shall be Provided.
16. Security Cameras. If security cameras are used. they shall be directed to record only the subject
property and public rights-of-way. except as required to comply with requirements oldie OLCC or
the OHA.
17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or O1 -IA Person Responsible for the Grow
Site (PRMG).
18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit
on the subject property:
a. An owner of the subject property;
b. A holder of an OLCC license for marijuana production, provided that the license applies to the
subject propern; or
c. A person registered with the OHA as a person designated to produce marijuana by a registry
identification cardholder, provided that the registration applies to the subiect property.
19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by
the Oregon Health Authority shall comply with the provisions of DCC 18.1 16.330(13)(9) by
September 8. 2016 and with the provisions of DCC 18.116.330(13)(10-12. 16. 17) by December 8.
2016.
Page 4 of 6 — EXI I1BIT J OF ORDINANCE NO. 2016-015
20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
i. A new dwelling used in conjunction with a mariivana crop:
ii. A farm stand, as described in ORS 2] 5.213(1'(r) or 215.283(11(o), used in conjunction with
a mariivana crop;
iii. A commercial activity, as described in ORS 215.213(21(cl or 215.283(2)(a), carried on in
conjunction a mariivana crop; and
iv. Agri -tourism and other commercial events and activities in conjunction with a mariivana
crop.
b. In the MUA-10 Zone, the following uses are prohibited:
i. Commercial activities in conjunction with farm use when carried on in conjunction with a
marijuana crop.
c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same
property as marijuana production:
i. Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii.Bed and Breakfast.
ix. Room and Board Arrangements.
B. Marijuana Retailing. Marijuana retailing. including recreational and medical marijuana sales. shall he
subject to the following standards and criteria:
1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 D.M. on the same
day.
2. Odor. The building. or portion thereof. used for mariivana retailing shall be designed or eauipned
to prevent detection of mariivana plant odor off premise by a person of normal sensitivity.
3. Window Service. The use shall not have a walk-up or drive-thru window service.
4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA registrant.
5. Minors. No person under the age of 21 shall be permitted to be present in the building. or portion
thereof. occupied by the mariivana retailer. except as allowed by state law.
6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked,
ingested. or otherwise consumed in the building space occupied by the mariivana retailer. In
addition. marijuana retailing shall not be co -located on the same lot or parcel or within the sank
building with any mariivana social club or marijuana smoking club.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1,000 feet from:
i. A public elementary or secondary school for which attendance is compulsory under Oregon
Revised Statutes 339.010, et sea.. including any parking lot appurtenant thereto and any
property used by the school:
ii. A private or parochial elementary or secondary school. teaching children as described in
ORS 339.030(I )(a), including any parking lot appurtenant thereto and any property used by
the school:
iii. A licensed child care center or licensed preschool, including any parking lot appurtenant
thereto and any property used by the child care center or preschool. This does not include
licensed or unlicensed family child care which occurs at or in residential structures:
Page 5 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
iv. A youth activity center;
v. National monuments and state parks; and
vi. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary
registered with the OHA.
b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of the
affected property to the closest point of the building space occupied by the marijuana retailer..
For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be measured from the closest
point of the building space occupied by one marijuana retailer to the closest point oldie
building space occupied by the other marijuana retailer.
c. A change in use to another property to a use identified in DCC 18.116.330(B)(7). after a
marijuana retailer has been licensed by or registered with the State of Oregon shall not result in
the marijuana retailer being in violation of DCC 18.1 16.330(B)(7).
C. Annual Reporting
1. An annual report shall be submitted to the Community Development Department by the real
property owner or licensee. if different, each February 1, documenting all of the following as of
December 31 of the previous year, including the applicable fee as adopted in the current County Fee
Schedule and a fully executed Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:;
i. Land use decision and permits.
ii. Fire. health. safety. waste water. and building codes and laws.
iii. State of Oregon licensing requirements,
b. Failure to timely submit the annual report. fee, and Consent to Inspect Premises form or to
dcmonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the
real property owner and licensee that the otherwise allowed use is not in compliance with
Deschutes County Code: authorizes permit revocation under DCC Title 22. and may be relied
upon by the State of Oregon to denv new or license renewal(s) for the subject use.
c. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code. applicable State regulations, and to protect the public
health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by the Community Development
Department.
e. Conditions of Approval Agreement to be established and maintained by the Community,
Development Department.
f. This information shall be public record subject to ORS 192.502(17).
(Ord. 2016-015 &10, 2016)
Page 6 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
Findings
1. BACKGROUND
A. State Law
Oregon voters approved Ballot Measure 67, the Oregon Medical Marijuana Act, in November
1998. The Oregon Legislature amended the Medical Marijuana Act in 2013, authorizing local
government to adopt reasonable regulations related to the hours of operation, location, and
manner in which medical marijuana dispensaries are regulated.'
Oregon voters approved Ballot Measure 91 in November 2014, legalizing the personal use and
possession of adult recreational marijuana beginning on July 1, 2015, with certain limitations,
including restrictions on use in public, no growing in public view, a restriction on minors
attempting to buy or entering licensed premises, prohibiting the sale or use by persons under
21, and imposing licensing and other requirements on marijuana cultivation, processing, and
dispensing facilities.
The measure, as implemented by the Oregon State Legislature in 2015 (HB 3400 A, Section
33), authorizes reasonable conditions on the manner in which:
• Licensed retailers, processors, producers, wholesalers may sell marijuana;
• Reasonable limitations on the hours during which a licensed marijuana facility may sell
marijuana items;
• Reasonable requirements related to a public's access to a licensed premises;
• Reasonable distance between facilities (no more than 1,000 feet); and
• Reasonable limitations on where licensed premises may be located.
Such regulations must be consistent with the County's Comprehensive Plan, zoning ordinance,
and public health and safety laws.
B. Deschutes County Process
In September 2015, the Board of County Commissioners (Board) held a series of work sessions
to draft proposed standards for marijuana -related businesses in unincorporated Deschutes
County. On November 5 and 12, 2015, the Planning Commission conducted public hearings to
receive testimony on the proposed regulations. The Planning Commission deliberated on
November 16 and 23, 2015, and forwarded recommendations for the Board's consideration.
The Board held a public hearing on December 2, 2015. Thereafter, on December 21, 2015, the
Board unanimously approved Ordinance No. 2015-009, banning or "opting out" of marijuana
businesses in unincorporated Deschutes County. Commissioners expressed a desire to have
more time to assess "right to farm" impacts and to consider reasonable regulations for
businesses that grow, process, and sell marijuana.
After convening a Marijuana Advisory Committee in February 2016 and receiving its
recommendations in April 2016, the Board held another series of public hearings to take
testimony on
1 Counties retain home rule authority to adopt regulations that are not unconstitutional or preempted by federal or
state law.
Page 1 of 13 - EXHIBIT K OF ORDINANCE NO. 2016-015
• Status of "Opt Out" moratorium prohibiting medical marijuana processing and
dispensaries and recreational marijuana production, processing, wholesale, and retail;
and
• Amendments to Deschutes County Code to define, permit, and establish standards for
marijuana related uses in unincorporated Deschutes County. The amendments would
identify the zones where the various uses may be permitted (outright or conditional use)
and prohibited, and time, place, and manner regulations for each allowed use.
On [date], the Board adopted Ordinance Nos. 2016-xxx, 2016-xxx, 2016-xxx, 2016-Xxx, and
2016-xxx, defining, permitting, and establishing standards for marijuana related uses in
unincorporated Deschutes County.
C. Deschutes County Distinguishing Land Use Characteristics
When Senate Bill (SB) 100 was adopted in 1973, Deschutes County prepared a Comprehensive
Plan, relying on the Bureau of Government and Research from the University of Oregon. It was
sent to the voters of the County either by referendum or referral by the Board, and was rejected.
Out of the thirty-six counties, Deschutes County was the only one to have its Comprehensive
Plan repealed by voters. Negotiations between the State of Oregon and County subsequently
took place to develop a Comprehensive Plan that could comply with State law. The State
directed Deschutes County to protect resource lands consistent with the State Land Use Goals.
Many people in Deschutes County felt the land was too marginal for farming and advocated for
greater flexibility to allow development. The Legislature cited Deschutes County's "sagebrush
subdivisions," created in the 1960s and early 1970s, as part of the reason to approve SB 100
and the State enabling planning legislation.
As outlined in the Comprehensive Plan's Resource Element, Staff relied on soil maps and
irrigation data provided by the irrigation districts to designate agricultural lands. Staff also
examined topography, recognizing that elevation could affect land productivity (example: the
Lower Bridge area is lower elevation and has the best agricultural lands in the County). Soil
and irrigation were the two primary factors for determining agricultural land. The one exception
was the eastern section of the County which was recognized as range land (Brothers, Millican,
and Hampton). Pre -platted subdivisions, lacking development, utilities, or infrastructure, were
deemed to be vacant and therefore suitable for agriculture uses, based on direction from the
State. The County was also required to protect land for wildlife and open space values, as well
as to direct development into areas that could be more efficiently served, thereby reducing
required taxation. To designate rural residential land (Rural Residential - 10, Multiple Use
Agricultural - 10), Deschutes County had to demonstrate that the land was committed to rural
residential uses. There were extensive property owner negotiations. Many property owners
wanted maximum flexibility to preserve their investment for retirement. Staff examined the level
of development, utilities, roads, and infrastructure to make the determination. They examined
every property, lot by lot in the County. If they could demonstrate the land was committed, even
if it was not necessarily completely built -out, it was designated rural residential.
In 1992 a commercial farm study was completed for Deschutes County, concluding that
irrigation is the controlling variable for defining farm lands. Soil classifications improve when
water is available. Seven new agricultural subzones were identified based on the factual data
provided in the 1992 study and minimum acreages were defined based on the typical number of
irrigated acres used by commercial farms in that particular subzone (with the exception of the
Horse Ridge subzone in the eastern portion of the County). The 1992 farm study noted the
challenges of local commercial farming. The high elevation (2700-3500 feet), short growing
Page 2 of 13 - EXHIBIT K OF ORDINANCE NO. 2016-015
season (88-100 days), low rainfall, and distance to major markets hemper profitability. The 1992
study resulted in minimum /n{ sizes that are smaller than the State requirement of 80 acres for
farm land and 160 acres for range land. These minimum lot sizes are unique in Oregon and
were acknowledged as in compliance with Statewide Goal 3 (Agricultural Lands) by the Land
Conservation and Development Commission. The County maintains a unique sof farm sub-
zoneaUouadontheaveragenunnberofiniyatedannaaforemchtypeoftarm|andoadaterm|ned
in the 1992 farm study. Irrigated land divisions in each sub -zone must result in parcels that
retain certain acreages.
Statewide Planning Goal 3 requires counties to preserve and maintain agricultural lands.
However, in discussions on the future of agriculture in Deschutes /, there are still
differences of opinion over which lands should be designated farm lands and kich should not,
as well as what and uses should be allowed. Farm ands contribute to the County in a number
of ways. Agriculture is part of the ongoing local economy. Wide-open farm lands offer a
secondary benefit by providing scenic open spaces that help attract tourist dollars, Farm lands
also contribute to the rural character that is often mentioned as important to residents. Finally, it
should be noted that agricultural lands are preserved through State policy and land use (ow
because it is difficult to predict what agricultural opportunities might arise and once fragmented
the opportunity to farm may be lost.
On the other hand, there seems to be widespread agreement that much of the local farm land is
marginal at best, particularly without irrigation. The climate, especially the short growing season
and the potential for freezing temperatures on almost any given night, makes commercial
farming challenging and usually a losing proposition financially. Statewide Planning Goal 3
does not really account for the conditions in Deschutes County' resulting in agricultural zoning
being applied to land with no history of farming and limited potential for profitable farming. The
small size of agricultural parcels adds significantly to the challenges. It has been argued that
preserving farm lands benefits the wider public at the expense of agricultural landowners.
There is considerable pressure to convert agricultural land to residential or other uses. The
debate is complicated because there are impacts to the farming community from converting
agricultural lands to other uses. It can be difficult for a farmer who has residential neighbors
because farming activities can have noise, odor and/or dust impacts. Oregon's right -to -farm Iaw
offers some protection to farmers, but as residential uses grow there is pressure to convert,
leading to a greater loss of agricultural Jands.
The introduction of marijuana production into these farming areao, particularly those areas of
smaller lot patterns and nonfarm residential deve|opnnent, highlights the compatibility concerns
expressed by both farm and nonfornn, rural residential property owners. The unique conditions
and development patterns that exist in Deschutes County only amplify the concerns of these
diverse popu|oUonaand the chaUengeinmiUgahngpotende|impacts tomaintain compatibility of
nearby land uses.
UI. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 8, Health and
Safety; Title 15, Buildings and Construction; Title 18, County Zoning; Title 19, Bend Urban Area
Zoning Ordinance; Title 20, Redmond Urban Area Zoning Ordinance, and Title 21, Sisters
Urban Area Zoning Ordinance. The proposal defines four types of marijuana -related land use
and specifies whether these uses are subject to administrative determino1iono, conditional uses,
or prohibited in various zoning districts in unincorporated Deschutes County. The four uses
generaily are defined as foliows:
Page 3o[l3'EXHIBIT KOFORDINANCE NO. 2Ol6'Ol5
p Production -- manufacture, planUng, cu|bvadon, g/ow/n8, trknmiOg, harvesting or ding
of marijuana
*
Processing -- proceasing, compounding or conversion of marijuana into cannabinoid
producto, concentrates, or extracts
• Wholesaling -- purchasing marijuana items for resale to a person other thaa consumer
w
Retailing -- selling marijuana items to a consumer
The proposed amendments2 are to:
• DCC Chapters 18.04 (Title, Purpose, Compliance, and 0efnUUons). 18.16 (Exclusive
Farm Use Zones), 18.32 (Multiple Use Agriculture Zone), 18.65 (Rural Service Center
Zone), 18.66 (Terrebonne Rural Community Zoning Districts), 18.67 (Tumalo Rural
Community Zoning Districts), 18.74 (Rural Commercial Zone), 18.100 (Rural Industrial),
18.108 (Urban Unincorporated Community Zone — Sunriver), and 18.116
(Supplementary Provisions).
�
DCC Chapters 19.04 (Title, Purpose, Compliance, and Definitions) and 19.92
(Interpretations and Exceptions).
• DCC Chapters 20.04 (Title, Purpose, Compliance, and Definitions) and 20.16
(Supplementary Provisions).
�
DCC Chapters 21.04 (Introductory Provisions) and 21.60 (Provisions Applying to Special
Uses).
Key elements of the proposal are:
The regulations would not apply to personal recreational marijuana or personal medical
nnarVuona.anallowed bvState law.
The regulations would apply to recreational marijuana businesses (pruduction,
prnoeoning, wholesaling, retailing) licensed by the Oregon Liquor Control Commission
(OLCC).
• The regulations would apply to medical marijuana businesses (production, processing,
and dispensary) licensed by Oregon Health Authnhh/([)HA). -
• New mauana produotiun, pnomassing, nstaUing, and wholesaling are only allowed in the
zones were explicitly indicated. In zones where new marijuana related uses are not
explicitiy allowed the uses are prohibited.
�
Exclusive Farm Use Znninq Districts
Recreation
Marijuana production (growing) and processing would be subject to an administrative
determination. However, marijuana processing would be subject to limits in state law of
agricultural processing (maximum 10.000 square feet of floor area; minimum of 25% of
processed crops grown on site). Wholesaling and retailing would be prohibited.
2
Deschutes County Code, Chapter 8.08 (Noise Control) and Chapter 15.10 (Outdoor Lighting Control) are also being
amended. These chapters fall outside of zoning so no land use findings are required.
Page 4 of 13 EXHIBIT K OF ORDINANCE NO. 2016-015
Production and processing would be subject to special development standards for
minimum setbacks, odor, lighting, water, secure disposal, noise, minimum lot size of 5
acres, and maximum mature plant canopy size.
Medical
Pursuant to HB 3400, marijuana production and processing would have these same
standards with the exception of existing medical marijuana production sites (that portion
contained within a building structure) abiding by their preexisting setbacks established
from their current operations.
• Multiple Use Aariculture
Recreation
Marijuana production (growing) and processing would be subject to conditional use
permits. Production and processing would be subject to special development standards
for minimum setbacks, odor, lighting, water, secure disposal, noise, property owner
residency onsite, minimum lot size of 5 acres, operations limited to enclosed buildings,
and maximum building size.
Medical
Marijuana production and processing would have these same standards with the
exception of existing medical marijuana production sites (indoor building) abiding by their
preexisting setbacks based on their current operations.
• Marijuana Wholesaling and Retailing are subject to site plan review in the following
zones: Rural Service Center, Terrebonne, Tumalo, Rural Commercial, Rural Industrial,
and Sunriver. Development standards address hours, window service, minors, co -
location, separation distances, and secure disposal.
• Bend Urban Area Reserve and Suburban Low Density
Marijuana processing, production, retailing, and wholesaling are prohibited on properties
subject to the provisions of 19. Existing lawfully established medical marijuana
production (grow sites) are allowed to continue operating subject to the provisions of
DCC 19.92.
• Redmond Urban Holding Zone
Marijuana processing, production, retailing, and wholesaling are prohibited on properties
subject to the provisions of Title 20. Existing lawfully established medical marijuana
production (grow sites) are allowed to continue operating subject to the provisions of
DCC 20.16.
• Sisters Urban Holding Zone
Marijuana processing, production, retailing, and wholesaling are prohibited on properties
subject to the provisions of Title 21. Existing lawfully established medical marijuana
production (grow sites) are allowed to continue operating subject to the provisions of
DCC 21.60.
• Miscellaneous Amendments
o Add marijuana related definitions to DCC 18.04.030, Definitions.
o Add marijuana related definitions to DCC 19.04.040, Definitions.
o Add marijuana related definitions to DCC 20.04.050, Definitions.
o Add marijuana related definitions to DCC 21.04.040, Definitions.
Page 5 of 13 - EXHIBIT K OF ORDINANCE NO. 2016-015
o Amend supplemental provisions to prohibit marijuana -related land uses as home
occupations and various other uses in conjunction with a marijuana crop.
III. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
plan amendment. Nonetheless, since Deschutes County is initiating one. the County bearsthe
responsibility for justifying that the amendments are consistent with Statewide Planning Goals
and its existing Comprehensive PIan.
A. Statewide Planning Goals and Guidelines
Goa 1: Citizen Involvement: The amendments do not propose to change the structure of the
County's citizen involvement program. Notice of the proposed amendment was provided to the
BuIetin for the Planning Commission and Board public hearings. Recently, the Board relied on
recommendations from a Marijuana Advisory Committee. The committee convened in February
2016 and met seven times for a total of twenty-six hours.
Goal 2: Land Use Plannina: This goal is met because ORS 187.G1Oallows local governments to
initiate post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and
Development Department 35 -day notice was initiated on November 2, 2015. The FINDINGS
document provides the adequate factua basis for the amendments.
Goal 3: Agricultural Lands: House Bill 3400 specifies that marijuana is a crop for purposes of the
definition of farm use in ORS 215.203 and clearly permits the production and small-scale
processing of marijuana in Exclusive Farm Use zones. House Bill 3400 also prohibits marijuana-
related
na 'uana'ne|ab*d farm dvve{|ingo, farm stands and commercial activities in conjunction with farm use. The
proposed amendments to the County Code are consistent with these provisions of state law and
are therefore consistent with Goal 3.
Goal 4: Forest Lands: House Bill 3400 specifies that marijuana is a crop for purposes of the
definition of farm use in ORS 215.203 and explicitly providesfor[na'uana production on land
zoned for farm or forest use in the same manner as the production of ma'Vana is allowed in
exclusive farm use zones. The proposal prohibits marijuana related uses in the forest use zones
(F-1, F-2).
Goal 5: [)pen Spaces, Scenic and Historic Areas. and Natural Resources: Complies because
the text amendment does not propose to change the County's Plan policies or implementing
regulations for Goal 5 open spaces, scenic and historic areas, and natural resources.
Goal 6; Air. Water and Land Resources Qualitv: Complies because the text amendments do not
propose to change the County's Plan policies or implementing regulations for compLiance with
Goal 6.
Goal 7: Areas Subiect to Natural Disasters and Hazards: Complies because the text
amendment does not propose to change the County's Plan or implementing regulations
regarding natural disasters and hazards.
Page 6 of 13 - EXHIBIT K OF ORDINANCE NO. 2016-015
Goal 8: Recreational Needs: Complies because the text amendment does not propose to
change the County's Plan or implementing regulations regarding recreational needs.
Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic
analysis and economic development planning required in urban Comprehensive Plans. The
proposed amendments apply to commercial and industrial lands but do not propose to amend
the Comprehensive Plan. Goal 9 does identify land use controls and ordinances as one of a
suite of economic development tools. The proposal includes allowing specified marijuana
related uses in certain commercial and industrial zones; however, these uses are already'
permitted in these zones as part of other more general use categories (e.g., nnmnuhaotu/ing,
wholesaling, retailing). Therefore the text amendments comply with Goal 9.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated
areas are not obligated to fulfill certain housing requirements,
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose
to change the county's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: Goal 12 is implemented by Oregon Administrative Rules Chapter 660,
Division 12. Local governments are required to adopt a Transportation System Plan and land
use regulations to implement the TSP. This proposal does not include amendments to the
County's TSP or transportation -related land use regulations. Hovvaver. Plan and land use
regulation amendments must be evaluated under OAR 660-012-0060. The proposal includes
allowing specified marijuana related uses in certain zones; however, these uses are already
permitted in these zones as part of other more general use categories /m.g., growing of crops,
manufacturing, retailing). There is no greater impact to the transportation system by more
specifically identifying these uses in the zones where they are permitted. The text amendmenls
do not propose any changes to the functional c|oanificationm, performance atandardo, access
management standards of any County roads or State highways. The text amendments are
consistent with Goal 12.
Goal 13: Energy Conservation: Complies because the text amendments do not propose to
change the County's Plan or implementing regulations regarding energy conservation.
Goal 14: Urbanization: Complies because the text amendments do not propose to change the
County's Plan or implementing regulations regarding urbanization.
Goals 15 through 19 are not applicable to any amendments to the County's comprehensive plan
because the county has none of those types of lands.
B. Deschutes County Comprehensive Plan
Chapter Comprehensive Planning: Sets the Goals and Policies of how the County will involve
the community and conduct land use planning. The Cnunty, as described above, held
numerous meetings with the Marijuana Advisory Committee (MAC), whose membership
included diverse points of view. The proposed regulations were presented to the Planning
Commission, which is the County's official committee for public involvement, and the Board.
Both bodies received oral and written testimony. County staff also created and updated a
webpage specifically for marijuana regulations and the process to craft them. The semi-monthly
Community Development Department Update newsletter also contained synopses of the
process with staff contact information. All of these actions demonstrate compliance with Section
1.2. Community Involvement. Goal 1 of this section, Community |nvo|vennent, is to maintain an
Page 7nfl2-EXl}|DlTKOPORDINANCE NO. 20]6'O)5
active open community involvement program and are consistent specifically with Policies 1.2.3
through 1.2.5.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning
Policies. Goal 1 of this section is to maintain an open and public land use process in which
decisions are based on the objective evaluation of facts. Staff, the Planning CVnnmiaoion, and
the Board spent considerable efforts to ensure decisions were based on facts given the highly
emotional and charged topic at hand. Staff. the Planning Commission, and the Board reviewed
state rules and regulations as well as those of other ocai governments when constructing the
County's reasonable regulations for time, monner, and place of producing, prmneooing, oturing,
and retailing marijuana. The above work soosiono, staff reports, and public hearings comply
with Section 1.3, Goal 1, but also its policies, specifically 1.3.1-1.3.4. and 1.3.6.
Goal 2 to promote regional cooperation and partnerships on planning issues and its policies
were met. The County coordinated with the cities of Bend and Redmond on the regulations
specific to Title 19 and 20, which implement those cities' General Plans. The County also
reached out to local irrigation districts in the process of developing these regulations. This
satisfies relevant Policy 1.3.11.
Chapter 2 Resource Management: Sets the Goals and Policies of how the County will protect
resources lands, including but not limited to, Agriculture and Forest as well as WaterReeuuroeo
and Environmental Quality.
Section 2.2, Agricultural Lands Policies, sets Goal 1 to preserve and maintain agricuitural lands
arid the agricultural industry. Policy 2.2.6 calls for a regular review offarm regulations to ensure
compliance with State statutes and Oregon Administrative Rules. The marijuana regulations
proposed under this text amendment are precisely the actions anticipated by this policy.
Changes at the State level have led to the rise of a new agricultural industry in Deschutes
County.
Goal 2 promotes a divereified, sustoinab|a, revenue -generating agricultural sector. Policy
2.2.10 calls for the promotion of economically viable opportunities and practices while Policy
2.2.11 encourages smallsmallfarming enterprises including but not limited to, niche markets and
organic farming and valued -added prjecta. The marijuana regulations proposed under this text
amendment will diversify agriculture in the County by adding a revenue -generating plant. By
definition, the marijuana grovvn, prooeommd, vvhu|eam|md, and sold at retail for recreational and
medical uses is a niche market.
Goal 3 specifies the Exclusive Farm Use (EFU) policies, clmnoifinaUnne, and codes are
consistent with local and emerging agricultural conditions and markets. The regulation of time,
mmnner, and place of growing marijuana are consistent with this goal. The County has spent
extensive staff time, reviewed testimony of experts in the industry and concerned oiUzenn,
irrigation districts, and State agencies to arrive at reasonable regulations to ensure the viability
ofthis emerging agricultural crop.
Section 2.3 deals with Forest Land which includes the F-1 and F-2 zone, neither of which is
proposed as possible locations for any marijuana -related and uses activities. In terms of
resource -zoned /ando, the marijuana -related land uses are only proposed for the EFU zone.
Therefore the Goals and Policies of this section are inapplicable.
Section 2.4 deals with Goal 5 (Natural Resources, Scenic and Historic Aneaa, Open Spaces,
and Aggregate, i.e., surface mining) resources. Goal 1 is to protect Goal 5 resources. The
Page 8 of 13 EXHIBIT K0FORDINANCE NO. 2016-015
County has an acknowledged list of significant and protected Goal 5 properties and sites.
These regulations would not repeal those protections or Goal 5 listings, therefore the text
amendment is consistent with this portion of the Comprehensive Plan, in particular with Policy
2.4.2 (which is incorrectly listed as 2.2.2 in the Plan).
Section 2.5 concerns Water Resources and Goal 1 is to develop regional, comprehensive water
management policies while balancing the diverse needs of water users and recognize Oregon
water law. Policy 2.5.1 calls for working cooperatively with stakeholders. During the
development of the regulations, the County reached out to local irrigation districts and the
Oregon Department of Water Resources (DWR) to participate in the process. Representatives
of DWR and irrigation districts attended to varying degrees meetings of the MAC. DWR and
irrigation districts to varying degrees submitted oral or written comments to the MAC, the
Planning Commission, the Board, or staff. Goal 6 of this section calls for coordinating land use
and water policies and Policies 2.5.22 and 2.5.24 concern assessing potential impacts of land
use to river or riparian or wetlands and assessing the effects of significant land use
developments upon water. The proposed regulations do not modify the County's land use
notice requirements and the County's transmittal list, which includes DWR and local irrigation
districts. Notification to these irrigation districts and state agency of marijuana -related land use
applications will ensure water is a considered element in any County land use decision.
Furthermore, applicants will be required to demonstrate that have a legal source of water under
State law. Thus, the proposed regulations comply with the relevant Comprehensive Plan
policies.
Section 2.6 contains Wildlife goals and policies. The proposed regulations will not modify the
County's Goal 5 inventory nor its various wildlife area combining zones nor seasonal travel
restrictions. Thus, the proposed amendments are consistent with the relevant goals and
policies of this section.
Section 2.7 focuses on Open Spaces, Scenic Views, and Sites. The proposed regulations will
not modify the Goal 5 inventory nor lands zoned for Open Space and Conservation (OSC) nor
rivers and roadways included in the Landscape Management (LM) overlay zone. Any
development must conform to the setback, vegetative screening, downcast lighting, and
allowable colors of building materials and paints in the LM zone. Thus, the proposed
amendments are consistent with the relevant goals and policies of this section.
Section 2.8 devotes its energy to Energy Policies. Goal 1 is to promote energy conservation
and applicable Policies 2.8.2 and 2.8.4 look at reducing energy demand through efficiency and
conservation, respectively. Goal 2 promotes affordable, efficient, reliable, and environmentally
sound energy systems for individual home and business consumers. In terms of growing
operations, the combination of Central Oregon's numerous sunny days, greenhouses, and
modern building technologies make for highly energy efficient operations. Midstate Electric and
Central Electric Co -Op participated in panel discussions, encouraging growers to contact them
well in advance for design review of their planned operations. Both agencies are on the
County's transmittal list to be contacted as service providers for land use applications. This
allows energy providers to plan their long-term infrastructure needs. Retail, wholesale, and
processing are no different from any other user of energy. A Statement from each utility
company proposed to serve the operation would be required, stating that each such company is
able and willing to serve the operation. Taken together, the marijuana regulations thus comply
with these goals and their relevant policies.
Section 2.9 consists of Environmental Quality Policies. Goal 1 is to maintain and improve the
quality of air, water, and land with Policy 2.9.2 to maintain County noise and outdoor lighting
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codes and revise as needed. The marijuana regulations will not repeal the County's applicable
ordinances regarding noise and lighting. Goal 2 promotes sustainable building practices and
Goal 3 encourages recycling. Marijuana waste would be required to be stored in a secured
waste receptacle in the possession of and under the control of the OLCC licensee or OHA
Person Responsible for the Grow Site. Additionally, modern greenhouses are energy efficient
and thus sustainable and the unused portions of marijuana can be recycled under a secured
system, thus the regulations comply with the applicable goals and policies.
Section 2.10 regards Surface Mining Policies. As the regulations will not change the Goal 5
inventory of surface mining sites and the County code requires properties with a quarter -mile of
an SM zone to sign a waiver of non -remonstrance, the regulations are consistent with the
applicable goals and policies of this section.
Section 2.11 focuses on cultural and historic resources. The proposed regulations will not
modify the County's Goal 5 inventory for cultural and historic resources. Thus, the proposed
amendments are consistent with the relevant goals and policies of this section.
Chapter 3 Rural Growth Management: Sets the goals and policies on who the County will
manage the development of the lands outside of urban unincorporated communities such as
Terrebonne and Tumalo.
Section 3.3 consists of Rural Housing Policies. Given the regulations are for non-residential
uses, the goals and policies of this section are not applicable.
Section 3.4 sets Rural Economy Goals and Policies. Goal 1 is to maintain a stable and
sustainable rural economy, compatible with rural lifestyles and a healthy environment. Given
farming is one of the definitive rural activities, the regulations comply. Policy 3.4.1 promotes
rural economic initiatives, yet maintains the County's rural character, and review land use
regulations to identify legal and appropriate rural economic development opportunities. The
proposed regulations, which deal with a newly legal agricultural crop and its potential products,
are a perfect fit. The regulations are consistent with Policy 3.4.7 of permitting locally serving
commercial uses in higher density rural communities which are consistent within State
regulations. Policies 3.4.8 through 3.4.21 deal with lands zoned Rural Commercial and Policies
3.4.22 through 3.4.35 apply to lands zoned Rural Industrial. The proposed regulations would be
consistent with or exceed the pre-existing standards (building size, intensity of use, general
description of the market being served, floor area, etc.) for these zones. The proposed
marijuana retail, wholesale, processing, and manufacturing uses allowed under the proposed
regulation are consistent with uses already allowed under Rural Commercial and Rural
Industrial zones. The proposed amendments are consistent with the relevant goals and policies
of this section.
Section 3.5 is Natural Hazards with Goal 1 being to protect people, property, infrastructure, the
economy and the environment from natural hazards. The goals and policies are not directly
applicable with the possible exception of Policy 3.5.3, which requires coordination with
emergency service providers when new development is proposed. When a property is
proposed to develop, the County sends a transmittal notice to the fire agency that would
respond in an emergency. As the marijuana land uses cannot occur in F-1 or F-2 zoned lands,
wildfire is not an issue. The County code does not allow development in the 100 -year
floodplain, which is consistent with Policy 3.5.10. Processing of cannabinoid extracts would only
be permitted on properties located within the boundaries of or under contract with a fire
protection district. The amendments comply with the applicable goal and policies of this section.
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Section 3.6 is Public Facilities and Services and Goal 1 is to support the orderly, efficient, and
cost-effective siting of rural public facilities and services. As these proposed regulations are for
private development the goal and policies of this section do not apply, save for Policy 3.6.9
which states new development shall address impacts on existing facilities and plans through the
land use entitlement process. While the language is mostly likely directed at the development of
public buildings, it could be interpreted that private development must account for its impact on
public roads, for instance. The County code does require traffic studies for developments that
will generate 50 or more new weekday trips. Either this section does not apply or the proposed
amendments comply with the relevant Policy 3.6.9.
Section 3.7 is Transportation and is covered under the findings for Goal 12.
Section 3.8 is Rural Recreational Policies, which deal with access to public lands, planning for
public parks and recreation, trail design, etc. The goal and policies are not applicable.
Section 3.9 is Destination Resort Policies and is not applicable as the regulations will not amend
the County's Destination Resort Overlay map nor change the criteria for siting a Goal 8
destination resort.
Section 3.10 Area Specific Policies describe the following geographic areas: South Deschutes
County (which was completed and ultimately became the following Section 3.11), Oregon
Military Site south of the fairgrounds, Crooked River Ranch, and Deschutes Junction. The
underlying zoning in these areas remains unchanged and these proposed amendments will not
change the zoning. The proposed regulated marijuana uses (retail, wholesale, processing, and
manufacturing) are consistent with the underlying zones in these areas which include EFU,
Rural Commercial, Rural Industrial, MUA-10; while there are also areas zoned F-1, F-2, and
RR -10, the marijuana uses are not proposed for those zones. The marijuana regulations are
proposed for Countywide implementation and thus the Goal and policies of this section are
either inapplicable or the regulations are consistent with relevant policies of Policy 3.10.4 which
requires coordination with Jefferson County and Crooked River residents and Policy 3.10.5
which requires protecting the rural character of Deschutes Junction. Both recognize the
intended development of commercial, industrial, and agricultural areas.
Section 3.11 Newberry Country: A Plan for Southern Deschutes County. The vast majority of
this area is zoned either F-1, F-2, RR -10, or Flood Plain, which are not being amended by this
proposal. The only area where the proposed marijuana regulations would apply would be in the
Spring River Rural Commercial Zone and the Rural Service Center Commercial sites of Whistle
Stop and Wildhunt. The Newberry Country Plan expressly did not include Sunriver. The
proposed text amendment contains land uses and dimensional standards which are consistent
with the existing zones. Therefore the amendments comply with Section 3.11 and its goals and
policies.
Chapter 4 Urban Growth Management: These policies deal with urban, rural and resort
unincorporated communities of Sunriver, Terrebonne, and Tumalo, Black Butte Ranch and Inn
of the 7th Mountain/Widgi Creek, and various Rural Service Centers. Section 4.1 has no goals or
policies.
Section 4.2 is Urbanization Policies and the goals and policies concern urban growth
boundaries (UGBs), urban reserves, and orderly transition from urban to rural land use patterns.
Goal 1 calls for coordination with cities and special districts to support UGBs, urban reserves,
and transition areas. Policy 4.2.2 promotes the use of urban reserve areas. Goal 2 calls for
coordination on zoning for lands outside city limits but within UGBs and Policy 4.2.4 calls for
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urban growth area zoning to coordinate land use decisions within that same area. When
properties develop on Title 19 or 20 lands, the County sends transmittal letters to the
appropriate municipality. Also during the development of the regulations, the County reached
out to the cities to determine the types of marijuana land use activities that would be appropriate
for Title 19 and 20. Goal 3 calls for coordination on policies for lands outside the City limits but
inside Urban Reserve areas and Policy 4.2.10 speaks specifically to the Redmond Urban
Reserve U Area (RURA). The County did so during the development of these regulations,
adjusting the type of marijuana uses, their hours, and the dimensional standards. To the
minimal extent the goals and polices are applicable, the amendments comply with the
applicable goals and policies.
Section 4.3, Unincorporated Communities, has no goals or objectives, with the exception of
Tumalo and Terrebonne, which are discussed in Sections 4.5 and 4.6 below. The proposed text
amendment does comply with OAR 660-022, which identifies and lists the types of
unincorporated communities in the State, including those in Deschutes County, and the uses
allowed in each type. The proposed regulations are consistent with OAR 660-022.
Section 4.4, La Pine, does not apply as the former La Pine Urban Unincorporated Community
incorporated.
Section 4.5 pertains to Sunriver. No goals were established for this Urban Unincorporated
Community (UUC). Policy 4.5.8 requires small-scale, low -impact commercial uses shall be
developed in conformance with OAR 660-022, which the proposed regulations do. Policy 4.5.8
does allow larger more intense commercial uses if they serve the community, the surrounding
rural area, and the travel needs of those passing through the area. Policy 4.5.11 requires
analysis of the nearby residential and commercial uses along with impacts to the transportation
system and other public facilities to serve the intended use. Town District Policy 4.5.12 and
Business District Policy 4.5.17 have similar language to Policy 4.5.8. The proposed regulations'
development standards address hours, window service, minors, co -location, separation
distances, and secure disposal to ensure compliance with the underlying zone and the Sunriver
policies.
Section 4.6, Terrebonne Community Plan, calls for the retention of the rural character of the
community as a Land Use Goal. Land Use Policy 1 requires conformance with OAR 660-022.
Commercial Area Policy 11, similar to Sunriver above, also references OAR 660-022, requiring
small-scale, low -impact commercial uses shall be developed in conformance with OAR 660-
022, but does allow larger commercial uses if they serve the community, the surrounding rural
area, and the travel needs of those passing through the area. Commercial Area Policy 12
prohibits industrial uses from dominating the character of commercial districts. Water Facility
Policy 5 requires notice be sent to the Terrebonne Domestic Water District for development that
requires a land use application. The District is on the County's transmittal list. The proposed
regulations' development standards address hours, window service, minors, co -location,
separation distances, size dimensional standards, and secure disposal to ensure compliance
with the underlying zone and thus are consistent with the Terrebonne Community Plan's goals
and policies.
Section 4.7, Tumalo Community Plan as its Land Use Goal calls to protect and enhance the
small-town character of the community by supporting public services, healthy active lifestyles,
and social connections among residents and stakeholders. Community Policy 3 supports
economic development initiatives and tourism in the Tumalo area. The legalization of marijuana
and its retail aspects are both consistent with this policy. Land Use Policy 1 seeks to conform
land use regulations to the requirements of the Unincorporated Communities in OAR 660-022.
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Land Use Policy 2 ensures County plans and land use regulations require that new uses
authorized within Tumalo do not adversely affect agriculture in the surrounding EFU zones.
Given the proposed regulations limit selected marijuana land use activities to the EFU zone and
that the products can be sold at retail or wholesale in the Tumalo commercial district, the
proposed regulations comply with the Tumalo Community Plan. Land Use Policy 17 requires
conditional uses in the commercial district to consider the impact on nearby residential and
commercial uses and the capacity of public functions and services. The County code requires
any use that will generate more than 50 new weekday trips to analyze its impacts on
transportation facilities. Additionally, the County code for conditional uses already has language
about suitability for uses in terms of limiting glare, odor, hours of operation, and similar aspects
of general compatibility. Industrial Area Policy 19 only allows small-scale, low impact operations
and new uses will not exceed the capacity of available water and sewer services. Public Facility
Policies 2 and 4 concern availability of water and fire protection. County code requires
transmittal notices be sent to the service providers of water and fire protection on land use
applications for comments on the availability or adequacy for both. The proposed regulations'
development standards address hours, window service, minors, co -location, separation
distances, size dimensional standards, and secure disposal to ensure compliance with the
underlying zone. The proposed text amendments are consistent with the Tumalo Community
Plan's goals and policies.
Section 4.8 Resort Communities does not apply as none of the marijuana -related land uses is
proposed to occur in these areas.
Section 4.9, Rural Service Centers has no goals for these areas. Policy 4.9.1 does require
compliance with OAR 660-022. The proposed regulations comply. Policy 4.9.6 require County
Comprehensive Plan policies and land use regulations ensure that new uses authorized in
Alfalfa, Brothers, Hampton, Millican, Whist!estop, and Wildhunt Rural Service Centers (RSC) do
not adversely affect agricultural or forest uses in the surrounding areas. Given the proposed
regulations limit selected marijuana land use activities to the EFU zone and that the products
can be sold at retail or wholesale in the RSCs, the proposed text amendment is consistent with
this policy language. Policy 4.9.7 states zoning shall maintain the area's rural character and
new commercial uses shall be limited to small-scale, low impact uses that are intended to serve
the community and surrounding rural areas or the travel needs of people passing through the
area. The proposed regulations' development standards address hours, window service,
minors, co -location, separation distances, size dimensional standards, and secure disposal to
ensure compliance with the underlying zone.
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