2017-765-Ordinance No. 2017-015 Recorded 11/7/2017VIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2017-765
Nancy Blankenship, County Clerk
Commissioners' Journal 11 /0712017 1:59:33 PM
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2017-765
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning; and Title 22, * ORDINANCE NO. 2017-015
Deschutes County Development Procedures
Ordinance and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated an
amendment (Planning Division File No. 247 -17 -000596 -TA) to the Deschutes County Code (DCC) Title 18,
Chapters 18.04, Title, Purpose and Definitions; 18.84, Landscape Management Combining Zone; 18.116,
Supplementary Provisions; 18.120, Exceptions; Title 22, Chapters 22.04, Introduction and Definitions; 22.20,
Review of Land Use Action Applications; 22.28, Land Use Action Decisions; 22.36, Limitations on Approvals;
and 22.40, Declaratory Ruling; and
WHEREAS, the Deschutes County Planning Commission considered this matter after a duly noticed
public hearing on August 24, 2017 and recommended to the Deschutes County Board of County Commissioners
("Board"), to adopt Ordinance No. 2017-015; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on September 20,
2017, and concluded that the public will benefit from a more limited amendment to Deschutes County Code
("DCC") Title 18, Chapters 18.04, Title, Purpose and Definitions; and Title 22, Chapter 22.04, Introduction and
Definitions; now, therefore,
THE 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 hereto and by this reference incorporated herein, with new language underlined and language to
be deleted inr
*''�a.nethfough.
Section 2. AMENDMENT. DCC 18.120.020, Nonconforming Lot Sizes, is amended to read as
described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strik�g h.
Section 3. AMENDMENT. DCC 22.04, Introduction and Definitions, is amended to read as described
in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikeihreugh.
Section 4. AMENDMENT. DCC 22.28.040, Reapplication Limited, is amended to read as described in
Exhibit "D," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfiket4ough.
PAGE 1 OF 2 - ORDINANCE NO. 2017-015
Section 5. AMENDMENT. DCC 22.36.010, Expiration of Approval, is amended to read as described
in Exhibit "E," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfi ,hrough.
Section 6. AMENDMENT. DCC 22.40.010, Availability of Declaratory Ruling, is amended to read as
described in Exhibit "F," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stfik�� gh .
Section 7. FINDINGS. The Board adopts as its findings Exhibit "G", and incorporated by reference
herein.
Section 8. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
HI
Dated this of 1 ,)V &C,2017
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUN-,X-OREGON
TAMMY BANEY, Chi
ANTHONY DeBONE, Vic Chair
.tee
PHILIP G. f6NDEWSON, Commissioner
Date of I" Reading: / day of Ny J ¢OM 1 , 2017.
Date of 2nd Reading: I day of 4 e- , 2017.
Commissioner
Tammy Baney
Anthony DeBone
Philip G. Henderson
Record of Adoption Vote
Yes No Abstained Excused
A
PAGE 2 OF 2 - ORDINANCE NO. 2017-015
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.030. Definitions.
"Lot of Record" means:
A. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to
all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel
was created, and which was created by any of the following means:
1. By partitioning land as defined in ORS 92;
2. By a subdivision plat, as defined in ORS 92, filed with the Deschutes County Surveyor and
recorded with the Deschutes County Clerk;
3. By deed or contract, dated and signed by the parties to the transaction, containing a separate
legal description of the lot or parcel, and recorded in Deschutes County if recording of the
instrument was required on the date of the conveyance. If such instrument contains more
than one legal description, only one lot of record shall be recognized unless the legal
descriptions describe lots subject to a recorded subdivision or town plat;
4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes
County Record of Plats; or
5. By the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot
or parcel.
B. Notwithstanding subsection (A), a lot or parcel validated pursuant to ORS 92.176 shall be
recognized as a lot of record.
C. The following shall not be deemed to be a lot of record:
1. A lot or parcel created solely by a tax lot segregation because of an assessor's roll change or
for the convenience of the assessor.
2. A lot or parcel created by an intervening section or township line or right of way.
3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed
pursuant to .Subsection (A)(3) above. subjeet to DGG 18,0444-10(13):
4. A parcel created by the foreclosure of a security interest.
f' ii o -t F �' nt n t i... L31 4 i -§s %lefii ed -1. GG'
�f?#'--�11�'--�-3i`kkpH;�7---s x-c��-��Erzu�-rir--x�43�----E3�=-�>i�#`C,ur---i�ixzs-a-zv
48-.04,430,
1.<�(CfR �d5 I .3 .l ro
) il-.i .a..f..) ,.1 �.,,, ...... .`. , ....... .............
.....
(Ord. 201.7-015§1, 2017, Ord. 2016-026§1, 2016; Ord. 2016-015§1, 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 §l, 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, IA and IB,
1993; Ord. 93- 038 §1, 1993; Ord. 93-005 §§I 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 fl, 1988; Ord. 87-015 §1, 1987;
Page 1 of 2- EXHIBIT A TO ORDINANCE NO. 2017-015
Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §l, 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 TO ORDINANCE NO. 2017-015
18.120.020. Nonconforming Lot Sizes.
A. Any parcel of land or portion thereof which is to be dedicated to a public or other entity for a road, canal,
railroad, utility or other public use shall be exempt from the minimum lot size requirements set forth by
DCC Title 18.
B. Whereas land sections in the County are affected by survey adjustments, minimum requirements relative
to lot sizes, where applicable, shall be considered as standard metes and bounds land section division,
(i.e., 160 acres, 80 acres, 40 acres, 20 acres, etc.); lot sizes, therefore, may be reasonably smaller than set
forth by DCC Title 18 if a total section acreage reduction is due to a survey adjustment or other man-made
barriers over which the applicant has had no control.
C. Any lot or parcel that is smaller than the minimum area required in any zone may be occupied by an
allowed use in that zone provided that:
1. The lot or parcel is a lot of record, as defined in DCC 18.04.030(44, Lot of record.
2. The use conforms to all other requirements of that zone.
3. If there is an area deficiency, residential use shall be limited to a single dwelling unit.
4. All necessary permits are obtained.
D. Lots or parcels within the Rural Residential Zone (RR -10) that are separated by an arterial right of way
created after June 30, 1993, shall be exempt from the minimum lot dimension of 10 acres in size. Such
parcels may be partitioned only as separated by the right of way and shall not be smaller than one acre.
(Ord. 2017-01552.2017; Ord. 93-034 §2, 1993; Ord. 87-015 §§1 and 2, 1987)
Page 1 of 1 - EXHIBIT B TO ORDINANCE NO. 2017-015
Chapter 22.04. INTRODUCTION AND DEFINITIONS
22.04.010. Introduction and Application.
22.04.020. Definitions
22.04.030. Repealed.
22.04.040. 'VerifYine Lots of Record.
22.04.010. Introduction and Application.
A. DCC Title 22 is enacted to provide a uniform procedure for the grant or denial and processing
of applications, approvals and determinations by the Planning Division of the Deschutes
County Community Development Department under the applicable County comprehensive
plan, land use regulations, subdivision and partition ordinance, and other ordinances which by
their terms incorporate by reference the procedures in this title. DCC Title 22 shall be known
as the Deschutes County Development Procedures Ordinance.
B. Ex c .1,,. as addressed in 1)('.0 22.04.04.0 "ti=the provisions of DCC Title 22 do not apply to the
issuance, suspension, or revocation of any on-site sewage disposal, a1rtatcrrllill3>,
electrical „ ,i)1eauftE a l,a, or plumbing permits except as they relate to Planning Division
consideration of permitted uses.
C. Notwithstanding DCC 22.04.010(A), inside acknowledged urban growth boundaries and where
authorized by an intergovernmental agreement, the functions of the county Planning Director
and county Hearings Bodies identified herein may be exercised by their counterparts in the
respective cities in accordance with the respective intergovernmental agreements.
(Ord. 2017-015§3, 2017; Ord. 99-031 §1, 1999; Ord. 98-068 §1, 1998; Ord. 98-042 fl, 1998; Ord.
90-007 §1, 1990)
22.04.020. Definitions.
The following definitions apply to DCC Title 22.
"Lot of record dvvellirm)" naeaus a dwe;llina a . rc -c cl �u ° t � int to ORS ' 15.iE)5,
...... p.l................................1...................................................................................................................
(Ord. 2017-015§3, 2017; Ord 96-071 § IA, 1996; Ord. 95-045 § 1, 1995; Ord. 90-007 § 1, 1990)
22.04,040 Verifying Lots of Record.
A. ......... _.........r..rp.«.s_..._......._s..c_..o ve. Concurrent with orpor..to............__..................a.in permits, ...a lot or parcel shall
..._...._.......o.._..._..._._....._.........._.................._tla.< ............. . ... ........ .........
be verified l;,�zr_suantt to this section to reasor1{iabl�,-_C11SUre cor��laliance with the r��tlit�e�_;���ci...land
division laws in effect ors the date thy, lot, or parcel was created Not Eall._,_l�crrnitsr< !'ir
c rifrc,�at on , if recltarre d v.erify_ingy that the lot or parcel was lawfully created reated i,s a threshold issu .
that,_shoulcl.._be atddressed._.bel'o u_.the, perinil�.._rrra v be issued, but. € oes...not st€persede_oi null&',
ot:l��.r verrnr.t requirements. his ectiort......_2`r 04,.040 provides.....tarr..._ra,pplic,�ant.,, th€, option „tt
a}rte aarrc r ,t.ly , c rlfµ; a lot or parcel a,,...p<rr t [Appy i.jig fc>f:_.�t pet tn_ft. that requires_v verification. or
j rc hrraartsttrly apply ict r_ce.;o.cccpe faac��lc0,_
B. Permits Rc,clrrr►tt; a_Verifi
1. l.)rrless an eccptiora <rpl.}lies prrr:suaarat 1:o sarhscctron ill2} lclow, verrlyin <a lot or parcel
pcarsuant to sul.�section C shall be re wired arior to the issuance of the Collca%vin« �rennits:.
...............__................._............_.._._......._......................_........._....)......................._...._..................1...._........_..........1..._....................................__.._.._....._........................_..........._.........._................__......_._......... ..1 ............................
....... 4.gym har!daaspermit for as ulf.lt ofland in the Exclusive e ai. rn (r��, ones, (I)QQ C la aptt ;r
l S LIs Z lac 1"')
(i),_Forrest [ is , done F' l (l )C;C_° _C:;_har Chapter 18.36).,._ ------- ,, car est: _�1;�� �
la. g ray_ pc,rnr,rt,_for_ a_lot or parcel that includes v�=ed and�;....as slft�r_wn on t��,,,Si aiewi i
Wetlands ltaverrtox°��;
c. Any pe�rrnit for a lot. or arcel sr bict to vv-ildli�fe.ha habitat s..�ecial asses ,rner�t;
_.................................................-......1..............__...................__._...... p .............._1...................._.........._........................................_..............1............._.....__ ..... _......_.. _.._....................._..
Page 1 of 2 - EXHIBIT C TO ORDINANCE NO. 2017-015
d. In all pones. a land use pernut reloc�rt:irr . °c�.eziY lives that: reduces in size a lot or
_._..............._.__........_..__..........__._.................._......_........._................__..._...._...__..._._.............__...._1............._..._................_................._............g......._...1�............�................_.........._...____.._...._..._...........__........._.....................__................_....... —
parcel:
e. Irr all rorrc:s a land use- structural. or non-en on-site sewn xe clis rosal systent
._....................................................................._....._............_.............._9............................................................................................................................._..........._........._....._.................._..e...................._,.._...._....................._.
lac f i;t.._ f'..the ...lot or }parcel is.._smaller._than _..the ...nin_im,�n_rea required teappiica applicable
:,
rgrrre.
2. Exce .tions. Verification shall riot be req aired if one of"the followin e�q;e ptions a p plv:
.........................................................._1......................................................................._......................_........._......................_......................1._........................._................................_....._..................................................f.......................f...............................1..}...........
.1111 a. ,.The.lot orvarcel was,c,rc�<rte. _bv a subdivision plat, partition Mat. condominium plat,_or
town }.plat so long as the plat was recorded and alp�,t°c:>ved Ips, thg, {.: ounty another
ppjist:icaai...; ubdivis.i<>tt...<..>;f,the.._Statc'...of_Orc c>n.._or_the:._`�14t.e.91_Orort:.;
_......_..__.._..._ ......_The....lot or }parcel ��,_a r.ye _iousl�.__vglyd�rit,(l b� ._th t opp � �rtic� _an. �r}>}�_iiq al�le.._11cii t ti.gn
Plat <r _sub.. ! }ggc.jrtl�__rc,c,ordc,d ��_ithin 90 c ass as required. b 0 ;S gi2__1.7t'ii�i..f�
c ,. The lot or va c,el was....previousIv determined to,,.be as lot of record in a.._foimal..._decision
issued by the County or a finding; in a land use action }prior to November 1., 2017;
d. , The lot or tercel was s..P c or�sl c il cci r1rf Lq!A tc}._seri).seetivt:o.._(� �.._af;tr�[:...tr.._lirlcl.il?.£$.._�v rs,
issued to that e;flect, na_a� land use action or dec.lar rto riding oaf
1__For, oermits „listed in subsection 13)fjx) onh, the, lot ox oat-eel previously received a
land :...risc,....o buildi,n ._}rcri-nii....prior t«_._November 1 2017 a __ t�rrcttt�gt....l�rzrrI after
November 12017 ...or ..a.....iron-ernergeapc ort. itc sei�agc c3i, .}rosal....l�crxn�i.
C. Verified Lots of Record. Permits that reouire verification Shall )I` be issued to lots or parcels
that meet the "lot of record" definition in 1.8.04.030.
1:. hinciin sa L.?c.e.lxtr atq:rr� Ruling. lf' an a . �licant is a � . l irr 7 for° a ltangl use permit: listed in
_........__..................._....�._...._.__.__._..........................................._...................._................_..........._....._........_p.l.._................_.........._._._......l..P...i............_...__..................................._........_._._......_..__1............_......_..................._1.......1..1.1.............
Subsectiorffl),(l j_tlae C:;c3rTtnty shallincludg {z Zinc irrsYw�er°if�inin Y th{rt; the lot or parcel meets the
"lot of record" definition in 18.04.030, a finding pot:an th at.._(he lot or parcel does not meet the
"lot of record" definition in 18.04.030, or.,a finding noting t�<tverification was riot._reaired
,,,
because the lot or }parcel q rralifiecl f;-r airg ,g,e}ption xlr scant to SubWction I3 2 . If r11
ra.plplicant rs apIpjyjn lJor a permit luted in subs c;tr{an (li)(;l) tjyat_trlo!,, not g c}arif,e perf?jiq:- rxrticea
a r._Irrioz° to. rtpplyrngmit...... zn._srpplgc arrt., may, , request _a,_de clxar&ator y ruling_patr_sa;r.rrrt tc
DCC Chapter riser 22 0...._.1 f �th lot or parcel meets the ``lot of record'' definition in 18.04.030,tact;
Count shall issue the„ d c,larator,-.. ruling determining 111,1 _ the lot_or__.parcel clualifie .for ai,l
pp sxr,its listed in subsection .......(11).(1.�..._. If,the..lot or parcel clogs not; ..meet the "lot of record"
definition in 18.04.030, the C'ourtty_shaall not„issue the, dec,laar_�rtcaav rUl,ing arid instead„sh shall
provide.... the , applicant inlorr;natiorr.. <>n pq rrr7rt op:taq>ns that daa..,._not reourre verification sand
itrafonnation oil verification eNee Aiq!Ljhat m r-y_al IjU.)ursuant to :gig bse tic nsAI 2
(Ord. 2017-015§3, 2017)
Page 2 of 2 - EXHIBIT C TO ORDINANCE NO. 2017-015
22.28.040. Reapplication Limited.
A. If a specific application is denied on its merits, reapplication for substantially the same proposal may be
made at any time after the date of the final decision denying the initial application.
B. Notwithstanding DCC 22.28.040(A), a final decision bars any reapplication for a nonconforming use
verification or for a determination on whether an approval has been initiated. A lot of record declaratory
ztrlirx<�1 shall be subject to reapplication under DCC 22.28.040(A) only if the applicant
presents new factual evidence not submitted with the prior application.
(t?d;. ZQ t.7-O„l,_5.§; G,.201..%;._Ord. 98-019 § 1, 1998; Ord. 95-045 §24, 1995; Ord. 90-007 § 1, 1990)
Page 1 of 1 - EXHIBIT D TO ORDINANCE NO. 2017-015
22.36.010. Expiration of Approval.
A. Scope.
1. Except as otherwise provided herein, DCC 22.36.0 10 shall apply to and describe the duration of all
approvals of land use permits provided for under the Deschutes County Land Use Procedures
Ordinance, the various zoning ordinances administered by Deschutes County and the
subdivision/partition ordinance.
2. DCC 22.36.010 does not apply to:
a. Those determinations made by declaratory ruling, such as verifications of nonconforming uses,
verifying a lot or parcel meets the "lot of record" definition in 18.04.030. -,let��and
expiration determinations, that involve a determination of the legal status of a property, land use
or land use permit rather than whether a particular application for a specific land use meets the
applicable standards of the zoning ordinance. Such determinations, whether favorable or not to
the applicant or landowner, shall be final, unless appealed, and shall not be subject to any time
limits.
b. Temporary use permits of all kinds, which shall be governed by applicable ordinance provisions
specifying the duration of such permits.
c. Quasi-judicial map changes.
B. Duration of Approvals.
1. Except as otherwise provided under DCC 22.36.0 10 or under applicable zoning ordinance provisions,
a land use permit is void two years after the date the discretionary decision becomes final if the use
approved in the permit is not initiated within that time period.
2. Except as otherwise provided under applicable ordinance provisions, preliminary approval of plats or
master plans shall be void after two years from the date of preliminary approval, unless the final plat
has been submitted to the Planning Division for final approval within that time period, an extension
is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been initiated as
defined herein.
3. In cases of a land use approval authorized under applicable approval criteria to be completed in
phases, each phase must be initiated within the time specified in the approval, or initiated within two
years of completion of the prior phase if no timetable is specified.
4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use Zones is
for 4 years:
a. Nonfarm dwelling
b. Lot of record dwelling
c. Large tract dwelling
d. Template dwelling.
C. Extensions.
1. The Planning Director may grant one extension of up to one year for a land use approval or a phase
of a land use approval, and two years for those dwellings listed in DCC 22.36.010(B)(4) above,
regardless of whether the applicable criteria have changed, if-
a.
£a. An applicant makes a written request for an extension of the development approval period;
b. The request, along with the appropriate fee, is submitted to the County prior to the expiration of
the approval period;
c. The applicant states reasons that prevented the applicant from beginning or continuing
development or meeting conditions of approval within the approval period; and
d. The County determines that the applicant was unable to begin or continue development or meet
conditions of approval during the approval period for reasons for which the applicant was not
responsible, including, but not limited to, delay by a state or federal agency in issuing a required
permit.
Page 1 of 2 - EXHIBIT E TO ORDINANCE NO. 2017-015
2. Up to two additional one-year extensions, or two-year extensions for those dwellings listed under
DCC 22.36.010(B)(4) above, may be granted under the above criteria by the Planning Director or the
Planning Director's designees where applicable criteria for the decision have not changed.
3. In addition to the extensions granted in DCC 22.36.010(C)(1), one additional two-year extension for
a land use approval or a phase of a land use approval may be granted by the Planning Director or the
Planning Director's designee under the criteria listed under DCC 22.36.010(C)(1) for approvals
issued prior to June 8, 2011. This subsection does not apply for those dwellings listed under DCC
22.36.010(B)(4) above.
D. Procedures.
1. A determination of whether a land use has been initiated shall be processed as a declaratory ruling.
2. Approval of an extension granted under DCC 22.36.0 10 is an administrative decision, is not a land
use decision described in ORS 197.015 or Title 22 and is not subject to appeal as a land use decision
and shall be processed under DCC Title 22 as a development action, except to the extent it is necessary
to determine whether the use has been initiated.
E. Effect of Appeals. The time period set forth in DCC 22.36.010(B) shall be tolled upon filing of an appeal
to LUBA until all appeals are resolved.
(Ord. 2017-015§5, 2017: Ord. 2015-017 §s5, 2015; Ord. 2011-016, 2011; Ord. 2004-001 §4, 2004; Ord.
95-045 §43A, 1995; Ord. 95-018 § 1, 1995; Ord. 90-007 § 1, 1990)
Page 2 of 2 - EXHIBIT E TO ORDINANCE NO. 2017-015
22.40.01.0. Availability of Declaratory Ruling.
A. Subject to the other provisions of DCC 22.40.010, there shall be available for the County's
comprehensive plans, zoning ordinances, the subdivision and partition ordinance and DCC Title
22 a process for:
I. Interpreting a provision of a comprehensive plan or ordinance (and other documents
incorporated by reference) in which there is doubt or a dispute as to its meaning or
application;
2. Interpreting a provision or limitation in a land use permit issued by the County or
quasi-judicial plan amendment or zone change (except those quasi-judicial land use actions
involving a property that has since been annexed into a city) in which there is doubt or a
dispute as to its meaning or application;
3. Determining whether an approval has been initiated or considering the revocation of a
previously issued land use permit, quasi-judicial plan amendment or zone change;
4. Determining the validity and scope of a nonconforming use; a nd1
5. Determination of other similar status situations under a comprehensive plan, zoning
ordinance or land division ordinance that do not constitute the approval or denial of an
application for a permit.:. ,r,dl
6__ VcijIy J.,_th,k s_i lot or parcel meets the "lot o1 record" definition in 15.040.030 nursu. 11,1�_ to
Such a determination or interpretation shall be known as a "declaratory ruling" and shall be
processed in accordance with DCC 22.40. In all cases, as part of making a determination or
interpretation the Planning Director (where appropriate) or Hearings Body (where appropriate)
shall have the authority to declare the rights and obligations of persons affected by the ruling.
B. A declaratory ruling shall be available only in instances involving a fact-specific controversy
and to resolve and determine the particular rights and obligations of particular parties to the
controversy. Declaratory proceedings shall not be used to grant an advisory opinion.
Declaratory proceedings shall not be used as a substitute for seeking an amendment of general
applicability to a legislative enactment.
C. Declaratory rulings shall not be used as a substitute for an appeal of a decision in a land use
action or for a modification of an approval. In the case of a ruling on a land use action a
declaratory ruling shall not be available until six months after a decision in the land use action
is final.
D. The Planning Director may refuse to accept and the Hearings Officer may deny an application
for a declaratory ruling if:
1. The Planning Director or Hearings Officer determines that the question presented can be
decided in conjunction with approving or denying a pending land use action application or
if in the Planning Director or Hearings Officer's judgment the requested determination
should be made as part of a decision on an application for a quasi-judicial plan amendment
or zone change or a land use permit not yet filed; or
2. The Planning Director or Hearings Officer determines that there is an enforcement case
pending in district or circuit court in which the sarne issue necessarily will be decided as to
the applicant and the applicant failed to file the request for a declaratory ruling within two
weeks after being cited or served with a complaint.
The Planning Director or Hearings Officer's determination to not accept or deny an application
under DCC 22.40.0 10 shall be the County's final decision.
(Ord. 201701.(i�2� 17; Ord. 95-045 §47, 1995)
Page I of 1- EXHIBIT F TO ORDINANCE NO. 2017-015
FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
Proposal: The process of verifying that lots and parcels meet the definition of "lot
of record" is being amended to require verification as a prerequisite to only
certain permits. Also, other instances whereby the term "lot of record" is used
through the code are being amended to ensure consistent terminology
throughout.
111. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: The applicant meets this criterion because public hearings were held before
the Planning Commission on August 24, 2017 and the Board on September 20,
October 16 and October 25.
2. Section 22.12.020, Notice
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: This criterion is met because notice was published in the Bend Bulletin
newspaper on July 30, 2017 and September 3 describing the proposal.
B. Posted Notice. Notice shall be posted at the discretion of the
Planning Director and where necessary to comply with ORS
203.045.
FINDING: This criterion is met because notice was posted in the bulletin board in the
lobby of the Deschutes County Community Development Department, 117 NW
Lafayette, Bend.
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.
PAGE 1 OF 4 - EXHIBIT G TO ORDINANCE 2017-015
FINDING: Given the proposed amendment in question does not apply to any specific
property, no individual notices were sent. 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. This criterion has been met.
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. 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.
2. The Board of County Commissioners.
FINDING: Both the Planning Commission and the Board of County Commissioner held
hearings. This criterion is 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: This Planning Commission held a public hearing on August 24, 2017. This
criterion is met
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: 247 -17 -000596 -TA will be implemented by an ordinance upon approval and
adoption by the Board. Ordinance 2017-015 is formatted for emergency adoption. The
reason for it to take effect immediately is due to the number of property owners that
previously received land use, building, or septic permits. They are currently affected by a
2016 Land Use Board of Appeal decision that changes the County's past policies in
these circumstances. Upon adoption, Ordinance 2017-015 clarifies that a lot or parcel
must only meet the lot of record definition prior to the County approving certain,
enumerated permits. This criterion will be met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendment is detailed in the Ordinance 2017-015, Exhibits A through
F with additional text identified by underline and deleted text by stFikethFeugh.
PAGE 2 OF 4 — EXHIBIT G TO ORDINANCE 2017-015
V. REVIEW CRITERIA:
FINDING: As recently determined by the Land Use Board of Appeals in LUBA No. 2016-
056, "[t]he term 'lot of record' as defined at DCC 18.04.030 is not interchangeable with
the terms 'lots' or 'parcels' as those terms are defined in ORS chapter 92, or the
definition of 'parcel' at ORS 215.010(1). As noted, the key significance of designating a
unit of land as a 'lot of record' defined at DCC 18.04.030 is that Deschutes County will
recognize a lot of record as a developable unit of land under the DCC. For purposes of
the DCC, a unit of land may be recognized under real estate law or other sources of law,
but not be recognized as a 'lot of record,' and hence a developable unit of land, unless it
is found to have been created in one of the ways specified in DCC 18.04.030." Although
originally intended to reasonably ensure that a lot or parcel was created in compliance
with the laws then in effect, the requirement that a lot or parcel meets the "lot of record"
definition has evolved to instead distinguish a developable unit of land. Through this
amendment, Deschutes County intends to reclaim the original intent of the "lot of record"
definition by codifying the limited circumstances when a lot or parcel must meet the "lot
of record" definition. Through this code amendment, not all permits require that the lot or
parcel meet the "lot of record" definition. Consistent with state statues, case law, and
county policies, this amendment ensures that lots or parcels must only meet the "lot of
record" definition as a prerequisite to obtaining certain, enumerated permits. As a matter
primarily constrained to the Deschutes County Code, so long as consistent with state
statutes and case law, nothing precludes Deschutes County from amending its Code to
limit the circumstances when a lot or parcel must meet the "lot of record" definition either
through enumerating certain permits or through granting exceptions to the listed permits.
Lastly, this amendment updates "lot of record" terminology throughout the code to
ensure consistent usage and meaning.
Statewide Planning Goals
FINDING: Only two Statewide Planning Goals apply to this amendment, Goals 1 and 2,
which are discussed below.
• Goal 1, Citizen Involvement is met through this adoption process because this
amendment received a work session before the County Planning Commission,
the County's citizen review board for land use matters, and a hearing before the
Board.
• Goal 2, Land Use Planning is met because ORS 197.610 allows local
governments to initiate post acknowledgments amendments. An Oregon Land
Conservation and Development Department 35 -day notice was initiated on June
21, 2017.
Comprehensive Plan
The text amendment is consistent with Deschutes County Comprehensive Plan. Section
1.3, Land Use Planning states:
• Goal 1 — Maintain an open and public land use process in which decisions are
based on the objective evaluation of facts.
• Policy 1.33 — Involve the public when amending County Code
PAGE 3 OF 4 - EXHIBIT G TO ORDINANCE 2017-015
FINDING: This goal and policy is met because this amendment received a public
hearing with the Planning Commission, the County's citizen review board for land use
matters, and hearings before the Board. As noted above, the amendment recognizes as
equivalent to a lot of record for purposes of DCC Title 18, a previously -developed lot or
parcel that received a land use permit, building permit, or septic permit.
PAGE 4 OF 4 - EXHIBIT G TO ORDINANCE 2017-015