2017-96-Ordinance No. 2017-001 Recorded 2/28/2017DESCH
TES COUNTY OFFICIAL
UBLANKENSHIP, COUNTY CLERK OS C 2O 7 96
NANCY
COMMISSIONERS' JOURNAL
02/281201108:36:32 AM
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IIII�i
2017 45
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 18.116.090, Manufactured Horne or RV as
Temporary Residence for Medical Condition, to
Allow an Existing Building in the Exclusive Farm
Use (EFU) and Forest (F-1 and F-2) Zones to be
Used as a Temporary Residence in the Case of a
Medical Hardship and Declaring an Emergency.
ORDINANCE NO. 2017-001
WHEREAS, the Deschutes County Board of County Commissioners ("Board") has received public
testimony during the preparation of the Fiscal Year 2016-17 Planning Division work plan regarding the financial
burden to property owners due to the County code being more restrictive than Oregon Revised Statute ("ORS")
215.283(2)(L) which allows existing dwellings in the EFU zone to be used as temporary residences; and
WHEREAS, the Board agreed with the public testimony and directed the Deschutes County Community
Development Department ("CDD") to initiate a text amendment to DCC 18.116.090; and
WHEREAS, CDD initiated a text amendment (Planning Division File 247 -16 -000511 -TA) to amend
DCC 18.116.090 to allow existing buildings in the EFU zone to be used as a temporary residences in cases of
medical hardship; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on October
13, 2016, and on November 10, 2016, forwarded to the Board a recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on January 30, 2017,
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Chapter
18.116.090, Manufactured Home or RV as Temporary Residence for Medical Condition, by adding the Forest
zones to the original proposal for EFU zone only; and
WHEREAS, Deschutes County Code required a re -noticing of the hearing due to the Board's preference
to consider adding the F-1 and F-2 lands to Ordinance 2017-001; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on February 22, 2017,
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Chapter
18.116.090, Manufactured Home or RV as Temporary Residence for Medical Condition, the Board considered
this matter now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
PAGE 1 OF 2 - ORDINANCE NO. 2017-001 (2/27/17)
Section 1. AMENDMENT. The Deschutes County Code, Chapter 18.116 is amended to read as
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B," attached and incorporated by
reference herein.
Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect 30 days after its passage.
Dated this .2 7 of F: - f yaw , 2017 BOARD OF COUNTY COMMISSIONERS
J OF DESCHUTES COUNTY, OREGON
ATTEST:
ecording Secretar
TAMMY BANEY, Chair
ANTHONY DEBONE, Vic
Chair
PHILIP G. HDERSON, Commissioner
Date of 1St Reading: .27 day of r�/'uaYi , 2017.
Date of 2"d Reading: 7.7 day of C4—torao-ri, 2017.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone 7(
Philip G. Henderson X
Effective date: 2-7 day of ® , 2017.
PAGE 2 OF 2 - ORDINANCE NO. 2017-001 (2/27/17)
Chapter 18.116.090 A Manufactured Home or RV as a Temporary Residence as a
Temporary Residence for Medical Condition
(A) A temporary use permit for one manufactured home of any class or one recreational
vehicle on a lot or parcel in addition to an existing dwelling may be granted when a
medical condition exists. In the Exclusive Farm Use and Forest zones only. an
existing building may be used as a temporary dwelling. For the purposes of this
section. "existing' means the building was in existence on or before March 29. 2017.
(B) The person with the medical condition must be either one of the property owners or
a relative of one of the property owners.
(C) For the purpose of this section, a relative is defined as a grandparent, step -
grandparent, grandchild, parent, step-parent, child, step -child, brother, sister,
sibling, step -sibling, either blood or legal relationship, niece, nephew, uncle, aunt, or
first cousin.
(D) Such medical condition must be verified by a doctor's written statement, which shall
accompany the permit application.
(E) The temporary use permit shall be reviewed annually for compliance with the terms
of DCC 18.116.090.
(F) The manufactured home shall be removed or the recreational vehicle shall be
vacated, and disconnected from any electric, water or sewer facility connection for
which a permit has been issued not later than 90 days following the date the
medical condition requiring the temporary use permit ceases to exist. In the
Exclusive Farm Use and Forest zones the existing building will be converted to a
permitted non-residential use within 90 days following the date the medical
condition reauirina the temporary use permit ceases to exist.
(G) If a recreational vehicle is used as a medical hardship dwelling, it shall have a
bathroom, and shall meet the minimum setbacks for the zone in which it is located.
(H) The applicant shall obtain all necessary permits from the County Building and
Environmental Health Divisions prior to initiating the use.
Page 1 of 1, Exhibit A to Ordinance 2017-001
FINDINGS
APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
Title 23, Deschutes County Comprehensive Plan
Statewide Planning Goals
Oregon Administrative Rules
OAR 660-033 (Agricultural Lands)
OAR 660-006 (Forest Lands)
II. BASIC FINDINGS:
A. PROPOSAL: Board Ordinance 2017-001, which implements File 247 -16 -000511 -TA,
amends DCC 18.116.090 to allow an existing building in the EFU or Forest zones to be
used as a temporary dwelling in the case of medical hardship. Currently, Deschutes
County is more restrictive than state law and only allows manufactured homes or RVs to
be used as medical hardship dwellings in all zones. Oregon Revised Statute (ORS)
215.283(2)(L)(2) allows temporary residential use of an existing building as a hardship
dwelling in the EFU zone. ORS 215.755(2) allows the temporary residential use of an
existing building as a hardship dwelling in the Forest zone. Both ORSs require the
structure be returned to a non-residential use once the medical hardship has expired.
New code language is shown as underlined and deleted language is shown as
strikethrough.
DCC 18.116.090(A) would be revised as follows:
"A temporary use permit for one manufactured home of any class or one
recreational vehicle on a lot or parcel in addition to an existing dwelling
may be granted when a medical condition exists. In the Exclusive Farm
Use and Forest zones only. an existing building may be used as a
temporary dwelling."
DCC 18.116.090(F) would be revised as follows:
"The manufactured home shall be removed or the recreational
vehicle shall be vacated, and disconnected from any electric,
water or sewer facility connection for which a permit has been
issued not later than 90 days following the date the medical
condition requiring the temporary use permit ceases to exist. In
the Exclusive Farm Use and Forest zones the existing building will
be returned to a permitted non-residential use within 90 days
following the date the medical condition requiring the temporary
use permit ceases to exist."
B. BACKGROUND: The Board held a public hearing on January 30, 2017, to accept
public testimony on Ordinance 2017-001. During that hearing, the Board decided to
Page 1 of 8 Exhibit B to Ordinance 2017-001
modify the original proposal which would have only affected properties zoned EFU. The
Board requested Forest zone lands be added to the ordinance. Adding the F-1 and F-2
zones to the text amendment of DCC 18.116.090 was a significant enough modification
to require re -noticing the hearing to February 22. The re -notice highlighted the addition
of F-1 and F-2 zoned lands. The Board's modification was based on a combination of
public outreach directed to the Board and also relayed at Board work session on
January 23. The public comments came after the Planning Commission's (PC) decision
on 247 -16 -000511 -TA. The Board continued the January 30 hearing to February 22.
Staff briefed the PC on the proposed changes at the PC's February 9, 2017, public
hearing. The PC supported the Board's request to add the Forest zoned lands to DCC
18.116.090.
Previously, the PC held a public hearing on October 13, 2016, on File 247 -16 -000511 -
TA which would amend DCC 18.116.090(A) and (F) as described above to allow existing
buildings in the Exclusive Farm Use (EFU) zone only to be used as temporary dwellings
in cases of medical hardship. The PC closed the oral record that night but kept the
written record open until November 4. No written testimony was received. At the
November 10 PC meeting the PC voted 3-1 to recommend the Board of County
Commissioners (BOCC) approve the proposed text amendment.
The County -initiated text amendment began as a result of public input into the proposed
work plan for the Planning Division for Fiscal Year 2016-17. On May 12 and 26, 2016,
the Planning Commission accepted public testimony on the proposed work plan. A
citizen proposed amending DCC 18.116.090 to allow existing buildings on EFU lands of
more than 80 acres to be used as temporary residences in cases of medical hardship.
The citizen pointed out that state law already allows this to occur and discussed how
requiring the placement of a manufactured home on the property represented a financial
burden on those already experiencing hardship. Additionally, whether the temporary
dwelling is a manufactured home, an RV, or stick -built home, both state law and County
code require the dwelling to be either demolished, removed, vacated, or be returned to a
non-residential use once the hardship has ended.
The Planning Commission accepted the proposal and recommended to the Board that a
text amendment be added to the Planning Division work plan to accomplish the task.
The Board at its June 22, 2016, public hearing on the work program approved adding
the task to the Planning Division's FY 2016-17 tasks. The Board did not specify any
acreage size, but rather referred to just the EFU zone. Staff initiated the text
amendment on August 26, 2016.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: A public hearing was held before the Board on Jan. 30, 2017. The Planning
Commission held a public hearing on October 13, 2016. The Board finds this criterion is met.
2. Section 22.12.020, Notice
Page 2 of 8 Exhibit B to Ordinance 2017-001
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of
general circulation in the county at least 10 days prior to each public
hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: Notice of the Board hearing was published in the Bend Bulletin newspaper on
January 15, 2017, and described the original proposal. The re -noticed hearing was published in
the Bend Bulletin on Feb. 5, 2017, and described the modified proposal. The Board finds this
criterion has been met.
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: Notice was posted in the bulletin board in the lobby of the Deschutes County
Community Development Department, 117 NW Lafayette, Bend, as well as having the materials
placed on-line under the Board's calendar. The Board finds this criterion has been met.
C. Individual notice. Individual notice to property owners, as defined in
DCC 22.08.010(A), shall be provided at the discretion of the Planning
Director, except as required by ORS 215.503.
FINDING: The ordinance is for a text amendment, which is a legislative land use action and
thus notice to individual property owners is not required, The Board finds this criterion has been
met.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. The Board finds this criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County
Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division, which
received a fee waiver, at the direction of the Board of County Commissioners. The proposed
text amendment is an item from the approved Planning Division work plan. The Board finds this
criterion has been met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative
changes in this order:
1. The Planning Commission.
Page 3 of 8 Exhibit B to Ordinance 2017-001
2. The Board of County Commissioners.
FINDING: The Planning Commission held a public hearing on October 13, 2016, on File 247-
16 -000511 -TA and recommended approval to the Board on November 10, 2016. The Board
held a public hearing on January 30, 2017, on Ordinance 2017-001, which implements File 247-
16 -000511 -TA. The hearing was continued to February 22, 2017. Staff briefed the PC at the
February 9, 2017, meeting on the addition of F-1 and F-2 zone to the text amendment. After
discussion, the PC supported the modification. The Board finds this criterion has been met.
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission prior to
action being taken by the Board of Commissioners.
FINDING: The Planning Commission public hearing preceded the Board public hearing. The
Board finds this criterion has been met.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: If adopted, Ordinance 2017-0001 will be the implementing ordinance to allow an
existing building in the EFU and F-1 and F-2 zones to be used as a temporary dwelling for a
medical hardship. The Board finds this criterion has been met.
B. CHAPTER 23, DESCHUTES COUNTY COMPREHENSIVE PLAN
1. Chapter 1. Comprehensive Plannina. Section 1.2 Community Involvement
Policies
Goal 1, Maintain an active and open community involvement program that
is accessible to all members of the community and engages the community
during development and implementation of land use policies and codes.
FINDING: The task to amend DCC 18.116.090 to allow for the use of existing buildings in the
EFU and F-1 and F-2 zones as temporary dwelling units in the case of medical hardship was a
direct result of community involvement. A citizen suggested the text amendment to allow this
during the public hearings for the Planning Division's FY 2016-17 work plan held before the
Planning Commission and the Board. In turn, the text amendment itself was the subject of
public hearings before those two same bodies, ensuring further community involvement. During
the Board hearing, a citizen testified that the F-1 and F-2 zones should be included as well,
which the Board supported. The proposal is consistent with this section of the Comprehensive
Plan. The Board finds this criterion has been met.
2. Chapter 1. Comprehensive Planning. Section 1.3 Land Use Plannina Policies
Goal 1, Maintain an open public land use process in which decisions are
based on the objective valuations of facts.
FINDING: The proposed text amendment was an outgrowth of public hearings before the
Planning Commission and the Board on the Planning Division's FY 2016-17 work program. The
proposal is consistent with state law (ORS 215.283(2)(L) and administrative rule (OAR 660-
033-0130(10)), which allow an existing dwelling in EFU to be used as a temporary dwelling in a
case of medical hardship. The proposal is also consistent with state law (ORS 215.755(2)) and
Page 4 of 8 Exhibit B to Ordinance 2017-001
rule (OAR 660-06-0025(4)(t)) regarding use of an existing building on Forest lands as a
temporary dwelling in the case of medical hardship. The presence/absence of an existing
building would be a factual matter as would be the medical hardship itself. The text amendment
was the subject of public hearings before the Planning Commission and the Board. The
proposal is consistent with this section of the Comprehensive Plan. The Board finds this
criterion has been met.
3. Chapter 2, Resource Management. Section 2.12 Agricultural Lands Policies
Goal 1, Preserve and maintain agricultural lands and the agricultural
industry.
FINDING: The proposed text amendment will help preserve agricultural and forest lands by
using existing buildings instead of requiring a manufactured home or RV be brought onto EFU
or F-1 or F-2 zoned lands. Siting new structures or paved areas for an RV to park and/or
maneuver can lead to a loss of agricultural or forest lands. The proposal is consistent with this
section of the Comprehensive Plan. The Board finds this criterion is met.
C. STATEWIDE PLANNING GOALS
1. Goal 1. Citizen Involvement
FINDING: The text amendment included workshops before both the PC and the Board, which
the public could attend. The text amendment also included publically noticed public hearings
before the PC and Board. The Board finds this criterion has been met.
2. Goal 2. Land Use Planning
FINDING: Oregon Revised Statute (ORS) 197.610 allows local governments to initiate post
acknowledgement plan amendments or changes to land use regulations. The County on
September 2, 2016, provided the Department of Land Conservation and Development (DLCD)
with the required notice 35 days prior to the first evidentiary hearing, which was held on October
13, 2016. The notice included the proposed changes with additions indicated by underlined
text and text to be eliminated indicated by ctrikethrough text. The text amendment was
processed via the County's development code procedures set forth in Title 22, Chapter 22.12
for legislative amendments. The Board finds this criterion has been met.
3. Goal 3, Agricultural Lands
FINDING: The text amendment is not proposing any changes to land use designations.
Additionally, ORS 215.283(2)(L) allows an existing building, in conjunction with an existing
dwelling, as a temporary residential use for a hardship suffered by the existing resident or
relative of the resident. The temporary use of an existing building for a residential use in case of
hardship is also permissible under OAR 660-033-0130(10), which applies to EFU lands. The
Board finds this criterion has been met.
4. Goal 4, Forest Lands
FINDING: The text amendment is not proposing any changes to land use designations.
Additionally, ORS 215.755(2) and OAR 660-06-0025(4)(t) allow the temporary use of an existing
building for residential use in the case of medical hardship. The Board finds this criterion has
been met.
5. Goal 5. Natural Resources. Scenic and Historic Areas. and Open Spaces
Page 5 of 8 Exhibit B to Ordinance 2017-001
FINDING: The text amendment is neither proposing any changes to land use designations nor
proposing any changes to previously designated Goal 5 resources. Therefore, the Board finds
this criterion has been met.
6. Goal 6, Air, Water and Land Resource Quality
FINDING: No development or land use changes are being proposed that impact air, water, or
land resource qualities. Other areas of the County's code deal with protecting air, water, and
land remain in full force and effect. The Board finds this criterion has been met.
7. Goal 7, Natural Hazards
FINDING: The dominant natural hazards in the County are wildfire, winter storms, and flooding.
The text amendment leaves County building codes and planning setbacks untouched, which are
the planning mechanisms which the County uses to ameliorate natural hazards. The Board
finds this criterion has been met.
8. Goal 8, Recreational Needs
FINDING: The text amendment does not change the uses allowed in the EFU, F-1, or F-2
zones, some of which are recreational. The Board finds this criterion has been met.
9. Goal 9, Economic Development
FINDING: The text amendment still allows properties to develop as allowed under their zoning.
Any continuing residential use of a temporary dwelling after the medical hardship has ended can
be resolved through the County's code enforcement process. The Board finds this criterion has
been met.
10. Goal 10, Housing
FINDING: This goal pertains to urban or urbanizable lands. The proposed text amendment will
not result in any changes or elimination of residentially zoned lands in the County. Additionally,
the proposed text amendment is for temporary residential use of existing building for a medical
hardship, not permanent housing. The Board finds this criterion has been met.
11. Goal 11, Public Facilities and Services
FINDING: This goal pertains more to water and sewer services. Under OAR 660-033-0130(10)
and 660-06-0025(4(t), a temporary residential dwelling used in the case of medical hardship
must connect to an existing subsurface sewage disposal system, assuming said system has
adequate capacity. DCC 18.116.090(H) requires the applicant to obtain all necessary permits
from the County's Environmental Soils Division prior to initiating the temporary use. The Board
finds this criterion has been met.
12. Goal 12, Transportation
FINDING: The text amendment will not change the functional classification, performance
standards, or access management of any highways or roads. The combination of a few EFU, F-
1, and F-2 parcels which utilize the medical hardship, the temporary nature of the residential
use, and the low traffic volumes of rural roads ensures no adverse effects of the text
amendment. The Board finds this criterion has been met.
Page 6 of 8 Exhibit B to Ordinance 2017-001
13. Goal 13. Enerav Conservation
FINDING: This plan amendment does not affect the County's regulation of solar setbacks,
siting of small-scale windmills, land use or density, etc. The text amendment will ensure
compliance with any conditions of approval for site plans, building permits, or similar County
approvals. The use of existing buildings means no RVs or tractor -trailers hauling manufactured
homes, vehicles which have poor fuel mileage, will be needed at the site. The Board finds this
criterion has been met.
14. Goal 14, Urbanization
FINDING: No land use plan designations, zoning designations, or map changes will result from
this plan amendment. The temporary residential use of an existing building is limited to the
EFU, F-1, and F-2 zone only. By definition, EFU and Forest properties are not urban. The
Board finds this criterion has been met.
15. Goals 15-19
FINDING: These criteria do not apply as the County lacks these lands (Willamette Greenway,
estuaries, coasts, beaches, etc.).
D. OREGON ADMINISTRATIVE RULE 660-033, AGRICULTURAL LAND
1. 660-033-0130, Minimum Standards Applicable to the Schedule of Permitted and
Conditional Uses
The following requirements apply to uses specified, and as listed in the
table adopted by OAR 660-033-0120. For each section of this rule, the
corresponding section number is shown in the table. Where no numerical
reference is indicated on the table, this rule does not specify any minimum
review or approval criteria. Counties may include procedures and
conditions in addition to those listed in the table, as authorized by law...
(10) A manufactured dwelling, or recreational vehicle, or the temporary
residential use of an existing building allowed under this provision is a
temporary use for the term of the hardship suffered by the existing resident
or relative as defined in ORS chapter 215. The manufactured dwelling shall
use the same subsurface sewage disposal system used by the existing
dwelling, if that disposal system is adequate to accommodate the
additional dwelling. If the manufactured home will use a public sanitary
sewer system, such condition will not be required. Governing bodies shall
review the permit authorizing such manufactured homes every two years.
Within three months of the end of the hardship, the manufactured dwelling
or recreational vehicle shall be removed or demolished or, in the case of an
existing building, the building shall be removed, demolished or returned to
an allowed nonresidential use. A temporary residence approved under this
section is not eligible for replacement under 215.213(1)(q) or 215.283(1)(p).
Department of Environmental Quality review and removal requirements
also apply. As used in this section "hardship" means a medical hardship or
hardship for the care of an aged or infirm person or persons
Page 7 of 8 Exhibit B to Ordinance 2017-001
FINDING: The proposed text amendment would make DCC 18A 16.090 consistent with state
law and administrative rule regarding temporary residential uses for existing buildings in cases
of medical hardship. Currently, Deschutes County is more restrictive as the County only allows
manufactured homes or RVs to be used as temporary residences. The use of an existing
building as a temporary residence would be allowed in the EFU and Forest zones; for all other
zones the restriction that only manufactured homes and RVs could be used as temporary
residences in cases of medical hardship would remain in effect. The proposal is consistent with
this administrative rule. The Board finds this criterion has been met.
E. OREGON ADMINISTRATIVE RULE, FOREST LAND
1. 660-06-0025. Uses Authorized in Forest Zones
(4) The following uses may be allowed on forest lands subject to the review
standards in section (5) of this rule:
(t) A manufactured dwelling or recreational vehicle, or the temporary residential
use of an existing building, in conjunction with an existing dwelling as a
temporary use for the term of a hardship suffered by the existing resident or a
relative as defined in ORS 215.213 and 215.283. The manufactured dwelling shall
use the same subsurface sewage disposal system used by the existing dwelling, if
that disposal system is adequate to accommodate the additional dwelling. If the
manufactured dwelling will use a public sanitary sewer system, such condition
will not be required. Within three months of the end of the hardship, the
manufactured dwelling or recreational vehicle shall be removed or demolished or,
in the case of an existing building, the building shall be removed, demolished or
returned to an allowed nonresidential use. A temporary residence approved under
this subsection is not eligible for replacement under subsection (3)(o) of this rule.
Governing bodies every two years shall review the permit authorizing such mobile
homes. When the hardships end, governing bodies or their designate shall require
the removal of such mobile homes. Oregon Department of Environmental Quality
review and removal requirements also apply to such mobile homes. As used in
this section, "hardship" means a medical hardship or hardship for the care of an
aged or infirm person or persons;
FINDING: The proposed text amendment would make DCC 18.116.090 consistent with state
law and administrative rule regarding temporary residential uses for existing buildings in cases
of medical hardship. Currently, Deschutes County is more restrictive as the County only allows
manufactured homes or RVs to be used as temporary residences. The use of an existing
building as a temporary residence would only be allowed in the EFU and Forest zones; for all
other zones the restriction that only manufactured homes and RVs could be used as temporary
residences in cases of medical hardship would remain in effect. The proposal is consistent with
this administrative rule. The Board finds this criterion has been met.
Page 8 of 8 Exhibit B to Ordinance 2017-001