2018-15-Ordinance No. 2018-003 Recorded 1/8/2018REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County
Nancy Blankenship, County Clerk
Commissioners' Journal
CJ201 8-15
01/08/2018 8:44:01 AM
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Chapter 18.88, to permit churches in the
Wildlife Area Combining Zone and Declaring an
Emergency.
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ORDINANCE NO. 2018-003
WHEREAS, the Deschutes County Community Development Department (CDD) initiated an
amendment (Planning Division File No. 247 -17 -000702 -TA) to the Deschutes County Code (DCC) Title 18,
Chapter 18.88, Wildlife Area Combining Zone; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on
September 28, 2017, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a
unanimous recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on October 25, 2017,
and concluded that the public will benefit from the proposed changes to the Deschutes County Code; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.88.040, Uses Permitted Conditionally, 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. AMENDMENT. DCC 18.128.080, Church, Hospital, Nursing, Convalescent Home,
Retirement Horne, 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 3trikcthrough.
Section 3. FINDINGS. The Board adopts as its findings Exhibit "D," attached to Ordinance 2018-
002 and incorporated by reference herein.
Section 4. 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 becomes effective on
January 25, 2018.
PAGE 1 OF 2 - ORDINANCE NO. 2018-003
Dated this of.----Lftl1/44r' , 2018
Date of 1 s` Reading: 3 day of JatW.A. "4—) . 2018.
Date of 2nd Reading: day of Avaxei , 2018.
Record of Adoption Vote --...J1
Yes No Abstained Excused
Commissioner
Tammy Baney
Anthony DeBone
Philip G. Henderson
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
T),A \.7-\
PHILIP G. HE! ERSON, Vice Chair
TAM ANEY, 9mmissioner
Effective date: ,25 day of -144s-4044,43,2018.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2018-003
Chapter 18.88. WILDLIFE AREA COMBINING ZONE - WA
18.88.010. Purpose.
18.88.020. Application of Provisions.
18.88.030. Uses Permitted Outright.
18.88.040. Uses Permitted Conditionally.
18.88.050. Dimensional Standards.
18.88.060. Siting Standards.
18.88.070. Fence Standards.
18.88.010. Purpose.
The purpose of the Wildlife Area Combining Zone is to conserve important wildlife areas in Deschutes
County; to protect an important environmental, social and economic element of the area; and to permit
development compatible with the protection of the wildlife resource.
(Ord. 93-043 §§13 and 13A, 1993)
18.88.020. Application of Provisions.
The provisions of DCC 18.88 shall apply to all areas identified in the Comprehensive Plan as a winter deer
range, significant elk habitat, antelope range or deer migration corridor. Unincorporated communities are
exempt from the provisions of DCC 18.88.
(Ord. 2004-013 §9, 2004; Ord. 96-003 §6, 1996; Ord. 92-042 §1, 1992)
18.88.030. Uses Permitted Outright.
In a zone with which the WA Zone is combined, the uses permitted outright shall be those permitted
outright by the underlying zone.
(Ord. 92-042 §1, 1992; Ord. 91-020 §1, 1991)
18.88.040. Uses Permitted Conditionally.
A. Except as provided in DCC 18.88.040(B), in a zone with which the WA Zone is combined, the
conditional uses permitted shall be those permitted conditionally by the underlying zone subject to the
provisions of the Comprehensive Plan, DCC 18.128 and other applicable sections of this title.
B. The following uses are not permitted in that portion of the WA Zone designated as deer winter ranges,
significant elk habitat or antelope range:
1. Golf course, not included in a destination resort;
2. Commercial dog kennel;
3- Church;
43. Public or private school;
64. Bed and breakfast inn;
56. Dude ranch;
76. Playground, recreation facility or community center owned and operated by a government agency
or a nonprofit community organization;
47. Timeshare unit;
98. Veterinary clinic;
94-8. Fishing lodge.
C. Subject to DCC 18.88.040(E), the following uses are permitted in that portion of the WA zone
designated as the Bend/La Pine Deer Migration Corridor as conditional uses:
Page 1 of 4 - EXHIBIT A TO ORDINANCE NO. 2018-003
1. Church;
2. Public or private school;
3. Bed and breakfast inn;
4. Playground, recreation facility or community center owned and operated by a government agency
or a nonprofit community organization;
D. Subject to DCC 18.113, destination resorts are allowed as a conditional use in that portion of the WA
zone designated as the Bend/La Pine Deer Migration Corridor as long as the property is not in an area
designated as "Deer Migration Priority Area" on the 1999 ODFW map submitted to the South County
Regional Problem Solving Group.
E. Use limitations.
The uses listed in DCC 18.88.040(C) are subject to the applicable provisions of DCC 18.116 and
18.124 and the following criteria:
1. The parcel shall be zoned RR -10;
2. The parcel shall be located within one-quarter mile of a rural service center and be located adjacent
to a rural collector or a rural arterial identified on the Deschutes County Transportation Plan;
3. The parcel shall be no less than one acre and no more than five acres in size;
4. The parcel shall be farther than 100 feet from identified wetlands, floodplains or riparian areas.
5. The property shall be outside areas designated as "Existing High Use Migration Areas" or
"Important Connective Areas Through Existing Developed Areas" on the 1997 ODFW map
submitted to the South County Regional Problem Solving Group.
6. Fences developed as part of the conditional uses listed in DCC 18.88.040(C) shall be built from
posts and poles or smooth wire and shall have a minimum bottom pole or wire height of 18 inches
from the ground and a maximum top pole or wire height of 40 inches from the ground. Fences
exempted from these standards shall be constructed in accordance with the provisions of DCC
18.88.070(B).
F. Expansion of any use listed in DCC 18.88.040(B) that was lawfully established prior to August 5, 1992,
is allowed, subject to provisions of DCC Title 18 applicable to the establishment of such uses.
Expansion of golf courses under DCC 18.88.040 shall be limited to a final size of 18 holes.
(Ord. 2018-0031.2018; Ord. 2001-19 §1, 2001; Ord. 98-013 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-001
§3, 1995; Ord. 92-042 §1, 1992)
18.88.050. Dimensional Standards.
In a WA Zone, the following dimensional standards shall apply:
A. In the Tumalo, Metolius, North Paulina and Grizzly deer winter ranges designated in the
Comprehensive Plan Resource Element, the minimum lot size for new parcels shall be 40 acres except
as provided in DCC 18.88.050(D).
B. In areas designated as significant elk habitat in the Comprehensive Plan Resource Element, the
minimum lot size for new parcels shall be 160 acres.
C. In areas designated as antelope range in the Comprehensive Plan Resource Element, the minimum lot
size for new parcels shall be 320 acres.
D. Residential land divisions, including partitions, in deer winter range where the underlying zone is
RR -10 or MUA-10, shall not be permitted except as a planned development or cluster development
conforming to the following standards:
1. The minimum area for a planned or cluster development shall be at least 40 acres.
2. The planned or cluster development shall retain a minimum of 80 percent open space and conform
with the provisions of DCC 18.128.200 or 210.
3. Notwithstanding the provisions of DCC 18.128.200 or 210, or DCC 18.60.060(C), the total number
of residences in a cluster development may not exceed the density permitted in the underlying zone.
Page 2 of 4 - EXHIBIT A TO ORDINANCE NO. 2018-003
E. Residential land divisions, including partitions, in the Bend/La Pine Deer Migration Corridor where the
underlying zone is RR -10 shall not be permitted except as a cluster development conforming to the
following standards:
1. The minimum area for a cluster development shall be at least 20 acres.
2. The cluster development shall retain a minimum of 80 percent open space and conform with the
provisions of DCC 18.128.200 or 210.
3. Notwithstanding the provisions of DCC 18.128.200, or DCC 18.60.060(C), the total number of
residences in the cluster development may not exceed the density permitted in the underlying zone.
(Ord. 95-075 §1, 1995; Ord. 92-042 §1, 1992)
18.88.060. Siting Standards.
A. Setbacks shall be those described in the underlying zone with which the WA Zone is combined.
B. The footprint, including decks and porches, for new dwellings shall be located entirely within 300 feet
of public roads, private roads or recorded easements for vehicular access existing as of August 5, 1992
unless it can be found that:
1. Habitat values (i.e., browse, forage, cover, access to water) and migration corridors are afforded
equal or greater protection through a different development pattern; or,
2. The siting within 300 feet of such roads or easements for vehicular access would force the dwelling
to be located on irrigated land, in which case, the dwelling shall be located to provide the least
possible impact on wildlife habitat considering browse, forage, cover, access to water and migration
corridors, and minimizing length of new access roads and driveways; or,
3. The dwelling is set back no more than 50 feet from the edge of a driveway that existed as of August
5, 1992.
C. For purposes of DCC 18.88.060(B):
1. A private road, easement for vehicular access or driveway will conclusively be regarded as having
existed prior to August 5, 1992 if the applicant submits any of the following:
a. A copy of an easement recorded with the County Clerk prior to August 5, 1992 establishing a
right of ingress and egress for vehicular use;
b. An aerial photograph with proof that it was taken prior to August 5, 1992 on which the road,
easement or driveway allowing vehicular access is visible;
c. A map published prior to August 5, 1992 or assessor's map from prior to August 5, 1992
showing the road (but not showing a mere trail or footpath).
2. An applicant may submit any other evidence thought to establish the existence of a private road,
easement for vehicular access or driveway as of August 5, 1992 which evidence need not be
regarded as conclusive.
(Ord. 95-001 §3, 1995; Ord. 92-042 §1, 1992)
18.88.070. Fence Standards.
The following fencing provisions shall apply as a condition of approval for any new fences constructed as a
part of development of a property in conjunction with a conditional use permit or site plan review.
A. New fences in the Wildlife Area Combining Zone shall be designed to permit wildlife passage. The
following standards and guidelines shall apply unless an alternative fence design which provides
equivalent wildlife passage is approved by the County after consultation with the Oregon Department of
Fish and Wildlife:
1. The distance between the ground and the bottom strand or board of the fence shall be at least 15
inches.
2. The height of the fence shall not exceed 48 inches above ground level.
3. Smooth wire and wooden fences that allow passage of wildlife are preferred. Woven wire fences
are discouraged.
Page 3 of 4 - EXHIBIT A TO ORDINANCE NO. 2018-003
B. Exemptions:
1. Fences encompassing less than 10,000 square feet which surround or are adjacent to residences or
structures are exempt from the above fencing standards.
2. Corrals used for working livestock.
(Ord. 92-042 §1, 1992)
Page 4 of 4 - EXHIBIT A TO ORDINANCE NO. 2018-003
18.128.080. Church, Hospital, Nursing Home, Convalescent Home, Retirement Home.
A. Such a use shall be authorized as a conditional use only upon finding that sufficient area is
provided for the building, required yards and off-street parking. Related structures and uses
such as a manse, parochial school or parish house are considered separate uses and additional
lot areas shall be required therefore.
B. The applicant shall address the following issues in the application:
1. Probable growth and needs thereof.
2. Site location relative to land uses in the vicinity.
3. Conformity with Deschutes County Road Department standards for proposed access to and
from principal streets and the probable effect of the proposal on the traffic volume of
adjoining and nearby streets.
C. Such uses or related buildings shall be at least 30 feet from a side or rear lot line.
D. Except as provided in Section 18.80.028 of the A -S zone, such uses may be built to exceed the
height limitations of the zone in which it is located to a maximum height of 50 feet if the total
floor area of the building does not exceed the area of the site and if the yard dimensions in each
case are equal to at least two-thirds of the height of the principal structure.
E. Churches in the Wildlife Area Ccmbining Zone are subject to the provisions of DCC 18.88.
(Ord. 2018-003 2018; Ord. 2006-008 §9, 2006; Ord. 2004-013 §14, 2004; Ord. 98-013 §2,
1998; Ord. 95-075 §1, 1995; Ord. 93-043 §23A, 1993; Ord. 91-020 §1, 1991)
Page 1 of 1 - EXHIBIT B TO ORDINANCE NO. 2018-003