2018-395-Minutes for Meeting August 08,2018 Recorded 9/24/2018�0-( E S C0
BOARD OF
0 6
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 3 88-6 570
Recorded in Descholes County CJ2018-395
Nancy Blankenship, County Clerk
t�omrn<<sioners' ournal 09/24/2018 8:57:47 AM
'. II'IIII�II��I�IfI�III��III�I �II
60 21018-395
WEDNESDAY, August 8, 2018 BARNES & SAWYER ROOMS
Present were Commissioners Tammy Baney and Anthony DeBone. Commissioner Phil Henderson was
absent. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County
Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. No identified
representatives of the media were in attendance.
CALL TO ORDER: Chair DeBone called the meeting to order at 9:06 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda. Commissioner Baney requested pulling Items 2 &3 for
additional review.
BAN EY: Move approval of Items 1 and 4
DEBONE: Second.
VOTE: BAN EY: Yes.
HENDERSON: Absent, excused
DEBONE: Chair votes yes. Motion Carried
BOCC BUSINESS MEETING AUGUST 8, 2018 PAGE 1 OF 3
Consent Agenda Items:
1. Consideration of Board Signature of Letter Thanking Georgette Vodhi for
service on the Deschutes County Behavioral Advisory Board
2. Approval of Minutes of the May 16, 2018 Work Session
3. Approval of Minutes of the June 27, 2018 Work Session
4. Approval of Minutes of the July 23, 2018 Work Session
ACTION ITEMS
5. SECOND READING: Ordinance No. 2018-006, Housekeeping Text
Amendments
Tanya Saltzman, Community Development Department presented the item
for consideration and reported on her findings regarding historic buildings
built before 1946. The amount of properties involved are approximately 113.
Two versions of the ordinance was prepared.
Commissioner Baney commented on a possible Accessory Dwelling Unit
(ADU) discussion for the future. Nick Lelack, Community Development
Department Director noted the benefit of postponing the discussion to
include ADU and rural accessory dwelling units. Commissioner DeBone
would be supportive of postponing this now for more discussion through the
Planning Commission and return to the Board prior to the end of this year.
County Administrator Anderson noted guest houses allowed in MUA zone
and could make argument that this could be separate and then a cleaner
version of the ADU. Commissioner Baney noted this package was put
together as housekeeping and would say this issue concerning ADU's is
beyond the threshold of housekeeping and would pull this as well and
proceed in incremental steps. Mr. Lelack suggested October after the AOC
rural accessory dwelling committee makes general recommendations.
Housekeeping aligns Oregon statutes and rules with Deschutes County code.
Ms. Saltzman will make requested revisions regarding the accessory dwelling
units.
BOCC BUSINESS MEETING AUGUST 8, 2018 PAGE 2 OF 3
BANEY: Move approval of first reading by title only
DEBONE: Second
VOTE: BAN EY: Yes
HENDERSON: Absent, excused
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone read the Ordinance into the record.
OTHER ITEMS: None were offered.
Being no further !terns to come before the Board, the meeting was adjourned at 9:21 p.m.
DATED this �Day of ✓✓yl 2018 for the Deschutes County Board of
Commissioners.
BOCC BUSINESS MEETING AUGUST 8, 2018 PAGE 3 OF 3
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
9:00 AM, WEDNESDAY, AUGUST 8, 2018
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public. To watch it online, visit www.deschutes.org(meetings. Business Meetings are
usually streamed live online and video recorded.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Board Signature of Letter Thanking Georgette Vodhi for service on
the Deschutes County Behavioral Advisory Board
2. Approval of Minutes of the May 16, 2018 Work Session
Board of Commissioners Business Meeting Agenda Wednesday, August 8, 2018 Page 1
of 2
3. Approval of Minutes of the June 27, 2018 Work Session
4. Approval of Minutes of the July 23, 2018 Work Session
ACTION ITEMS
5. SECOND READING: Ordinance No. 2018-006, Housekeeping Text Amendments -
Tanya Saltzman, Associate Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs and activities. To
request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www. deschutes.orglmeetingcolendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Business Meeting Agenda Wednesday, August 8, 2018 Page 2
of 2
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of August 8, 2018
DATE: August 2, 2018
FROM: Tanya Saltzman, Community Development,
TITLE OF AGENDA ITEM:
SECOND READING: Ordinance No. 2018-006, Housekeeping Text Amendments
Follow up to the public hearing conducted by the Board on July 23, 2018 to consider Ordinance No. 2018-006,
incorporating text amendments, referred to as "housekeeping amendments," correcting minor errors in the
Deschutes County Code and Comprehensive Plan.
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Tanya Saltzman, Associate Planner
DATE: August 2, 2018
SUBJECT: Second Reading - Housekeeping Text Amendments
1. BACKGROUND
The Board of County Commissioners conducted a public hearing on duly 23, 2018 to consider
Ordinance 2018-006, incorporating text amendments, hereafter referred to as "housekeeping
amendments," correcting minor errors in the Deschutes County Code and Comprehensive Plan.
II. HB 3012 - CONVERSION OF HISTORIC HOME TO ACCESSORY DWELLING UNIT
The Board requested additional information regarding amendments written in response to HB
3012 (2017), which authorizes a historic home located in a rural residential exception area to be
converted to an accessory dwelling unit and a new single family dwelling to be constructed on the
same lot or parcel.
As described in the bill, the definition of "historic" means simply that the home was constructed in
1945 or before—not that the property is a designated Goal 5 resource. In response to an inquiry
from the Board, it was determined by staff that approximately 113 parcels in Deschutes County
fall under the criteria of 1) being located in the MUA or RR -10 zoning districts; 2) property is two
acres or more; and 3) property is built before 1946.
The Oregon Department of Land Conservation and Development (LCDC) enacted rule making for
HB 3012 in 2018. The language in the subsequent revisions to OAR 660-004-0040 is permissive (i.e.
"A county may allow construction of a new single-family dwelling..."); therefore, the Board may
choose to adopt text amendments to the Deschutes County Code that reflect this bill, or it can
choose not to adopt amendments that pertain to this bill.
III. DIRECTION
Staff seeks direction from the Board of County Commissioners regarding which version of the
housekeeping amendments ordinance should be adopted.
The first version contains all amendments as presented in the public hearing on July 23, 2018. The
second version removes amendments pertaining to HB 3012 (2017). Specifically, the second version
removes proposed changes to the following sections:
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA
Section 18.32.020. Uses Permitted Outright
Chapter 18.60. RURAL RESIDENTIAL ZONE - RR -10
Section 18.60.020. Uses Permitted Outright
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Section 18.116.350. Accessory Dwelling Units in RR10 and MUA Zones
Attachments
1: Ordinance 2018-006 with corresponding exhibits - Version 1 (original)
2: Ordinance 2018-006 with corresponding exhibits - Version 2 (without HB 3012)
Page 2 of 2
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Titles 17, 18, 22, 23, the Deschutes County * ORDINANCE NO. 2018-006
Comprehensive Plan and the Deschutes County
Zoning Map to Incorporate "Housekeeping" Changes
that Correct Errors, Incorporate Changes to State
Law, and Provide Clarification of Existing
Regulations, Procedures, and Policies.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(File No. 247 -18 -000432 -TA) to the Deschutes County Code (DCC) Title 17, Chapter 17.24, Final Plat; Title 18,
Chapters 18.04, Title, Purpose and Definitions; 18.16, Exclusive Farm Use Zones; 18.36, Forest Use Zone — F-1;
18.40, Forest Use Zone — F-2; 18.65, Rural Service Center — Unincorporated Community Zone; 18.76, Airport
Development Zone — A -D; 18.80, Airport Safety Combining Zone — AS; 18.84, Landscape Management
Combining — LM Zone; 18.100, Rural Industrial Zone — R -I; 18.116, Supplementary Provisions; 18.124, Site Plan
Review; 18.128, Conditional Use; Title 22, Chapters 22.24, Land Use Action Hearings; 22.28, Land Use Action
Decisions; Title 23, Chapter 23.01, Introduction; the Deschutes County Comprehensive Plan Chapter 5,
Supplemental Sections; and the Deschutes County Zoning Map to incorporate "housekeeping" changes to correct
errors, incorporate changes to state law, and provide clarification of existing regulations, procedures, and policies;
and
aI1U
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on June 28,
2018, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous
recommendation of approval; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on July 23, 2018, and concluded that the public will benefit from changes to the Deschutes County
Comprehensive Plan and Deschutes County Code (DCC); now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 23.01.010, Introduction, is amended to read as described in Exhibit
"A," attached hereto and incorporated by reference herein, with new language underlined and deleted language
set forth in ^^'��*�_.
Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplemental Sections,
is amended to read as described in Exhibit `B," attached hereto and incorporated by reference herein, with new
language underlined and deleted language set forth in stfike&eugh.
Section 3. AMENDMENT. DCC 17.24, Final Plat, is amended to read as described in Exhibit "C,"
attached hereto and incorporated by reference herein, with new language underlined and deleted language set forth
in s+W k g .
PAGE 1 OF 3 - ORDINANCE NO. 2018-006
Section 4. AMENDMENT. DCC 18.04, Title, Purpose and Definitions, is amended to read as described
in Exhibit "D," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in stfik g h.
Section 5. AMENDMENT. DCC 18.16, Exclusive Farm Use Zones, is amended to read as described in
Exhibit "E," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in stri„ g .
Section 6. AMENDMENT. DCC 18.36, Forest Use Zone — F-1, is amended to read as described in
Exhibit "F," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in strikethfough.
Section 7. AMENDMENT. DCC 18.40, Forest Use Zone — F-2, is amended to read as described in
Exhibit "G," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in strileugh.
Section 8. AMENDMENT. DCC 18.65, Rural Service Center — Unincorporated Community Zone, is
amended to read as described in Exhibit "H," attached hereto and incorporated by reference herein, with new
language underlined and deleted language set forth in strike .
Section 9. AMENDMENT. DCC 18.76, Airport Development Zone — A -D, is amended to read as
described in Exhibit "I," attached hereto and incorporated by reference herein, with new language underlined and
deleted language set forth in strik thre.
Section 10. AMENDMENT. DCC 18.80, Airport Safety Combining Zone - AS, is amended to read as
described in Exhibit "J," attached hereto and incorporated by reference herein, with new language underlined and
deleted language set forth in stri��.
Section 11. AMENDMENT. DCC 18.84, Landscape Management Combining — LM Zone, is amended
to read as described in Exhibit "K," attached hereto and incorporated by reference herein, with new language
underlined and deleted language set forth in stri , ougn.
Section 12. AMENDMENT. DCC 18.100, Rural Industrial Zone — R -I, is amended to read as described
in Exhibit "L," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in strik h.
Section 13. AMENDMENT. DCC 18.116, Supplementary Provisions, is amended to read as described
in Exhibit "M," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in str4k�=.
Section 14. AMENDMENT. DCC 18.124, Site Plan Review, is amended to read as described in Exhibit
"N," attached hereto and incorporated by reference herein, with new language underlined and deleted language
set forth in strikedwetig h.
Section 15. AMENDMENT. DCC 18.128, Conditional Use, is amended to read as described in Exhibit
"O," attached hereto and incorporated by reference herein, with new language underlined and deleted language
set forth in*`"'�crx�cethfou'gh .
PAGE 2 OF 3 - ORDINANCE NO. 2018-006
Section 16. AMENDMENT. DCC 22.24, Land Use Action Hearings, is amended to read as described in
Exhibit "P," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in stfik��.
Section 17. AMENDMENT. DCC 22.28, Land Use Action Decisions, is amended to read as described
in Exhibit "Q," attached hereto and incorporated by reference herein, with new language underlined and deleted
language set forth in stri��.
Section 18. AMENDMENT. The Deschutes County Zoning Map is amended to read as described in
Exhibit "R," attached hereto and incorporated by reference herein.
Section 19. FINDINGS. The Board adopts as its findings in support of this decision attached to Ordinance
2018-006 as Exhibit "S" and incorporated by reference herein.
Dated this of , 2018 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of 1 s` Reading
Date of 2nd Reading:
Commissioner
Anthony DeBone
Phil Henderson
Tammy Baney
Effective date:
ANTHONY DeBONE, Chair
PHIL HENDERSON, Vice Chair
TAMMY BANEY, Commissioner
day of , 2018.
day of , 2018.
Record of Adoption Vote:
Yes No Abstained Excused
day of , 2018.
PAGE 3 OF 3 - ORDINANCE NO. 2018-006
Chapter 23.01 COMPREHENSIVE PLAN
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
PAGE 1 OF 2 — EXHIBIT A TO ORDINANCE NO. 2018-006
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance
2018-006 are incorporated by reference herein.
(Ord. 2018-006 § 1, 2018; Ord. 2018-002 § 1, 2018; Ord. 2017-007 § 1, 2017; Ord. 2016-029 § 1, 2016;
Ord. 2016-027 § 1, 2016; Ord. 2016-005 § 1, 2016; Ord. 2016-022 § 1, 2016; Ord. 2016-001 § 1, 2016;
Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1,
2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2,
2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1,
2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1,
2012; Ord. 2012-005 § 1, 2012; Ord. 2011-027 § 1 through 12, 2011; Ord. 2011-017 repealed;
Ord.2011-003 §3, 2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
PAGE 2 OF 2 - EXHIBIT A TO ORDINANCE NO. 2018-006
Table 5.8.2 — Deschutes County Non -Significant Mining Mineral and Aggregate
Inventory
Site #
Taxlot
Name
Type
Quantity*
Comments
Whychus
Creek
15-10-4-314-700
Irrigation
Silt, sand,
200,000 cy
Reservoir Size is
100
District
& dirt
80 acres.
Watson
Reservoir I.
Whychus
Creek
15-10-x-314-700
Irrigation
sand & dirt
600,000 cy
Reservoir size is
101
District—
40 acres.
Watson
Reservoir II.
Whychus
Creek
14-11-33-500
Irrigation
Silt, sand,
100,000 cy
Reservoir size is
102
District—
& dirt
12 acres
McKenzie
Reservoir
Whychus
Creek
Irrigation
Sand &
250,000 to
Reservoir
103
14-11-33-500
District
dirt
300,000 cy
expansion size is
McKenzie
20 acres
Reservoir
Expansion
* Quantity in cubic yards unless otherwise noted
Source: 1979 Deschutes County Comprehensive Plan as revised
Page I of 8 - EXHIBIT B TO ORDINANCE NO. 2018-006
5ect�ow 59 c�oa� 5 I wvev.torU
cultural, awd htistor�c'R.esou.rces
Background
This section contains information from the 1979 Deschutes County Comprehensive Plan, as
revised. It lists the cultural and historic resources in Deschutes County. These inventories have
been acknowledged by the Department of Land Conservation and Development as complying
with Goal 5. One minor change has been made to acknowledge an already approved and
existing change to Number 29, the Tumalo Creek Diversion Dam and Headgate of the Feed
Canal.
Inventory
12. Cline Falls Pewer Plant! EaFly hydF )n the Desehutes Royer-, leeated e
Highway 126 en White Re� Read yofest ef Redmend. Site includes dam, penstee
pewerheuse. IS 12 14 TL 90 1.
-1-.12. Cloverdale School: One Feem sEheel School building in Cloverdale, located near
68515 George Cyrus Road. First building built in Cloverdale. 15-11-7 TL 600.
Graeae• ("range hall fnr aarliegt aranaa nranniwerl in Dec�hlitac
IA.l 1 jEa."i to i� .Char 1.b.... .7 ..b b• •.b... b"
County, located at 62850 Powell Butte Road. 17-13-19 TL 1900.
1-5,14. Enoch Cyrus Homestead Hay Station and Blacksmith Shop: The Enoch Cyrus
Homestead was the original homestead of Oscar Maxwell, built in 1892 and purchased in
1900 by Enoch Cyrus. Important stage/store stop for early travelers. The homestead
house, including a back porch and cistern, and the Blacksmith Shop are designated. 15-1 1-
10 TL 700.
I S. Fremont Meadow: A small natural meadow on Tumalo Creek in Section 34,
Township 17 South, Range I I East, lying within Shevlin Park. TL 5900. Campsite for 1843
Fremont expedition. 17-11-34 TL 5900.
4 -7716. -Harper School: One -room schoolhouse, located west of South Century Drive,
south of Sunriver, moved halfway between the Allen Ranch and the Vandevert Ranch from
the former townsite of Harper. 20-11-17 TL 1900.
417. Improved Order of Redmond Cemetery: Historic cemetery used by residents of
La Pine/Rosland area. Located on Forest Road 4270, east of Highway 97. A 40 -acre parcel
described as: The Southwest one-quarter of the Southeast one-quarter (SW -'/4; SE -'/4)
Section 7, Township 22 south, Range 11, East of the Willamette Meridian, Deschutes
County, Oregon.
4-9-.18. Laidlaw Bank and Trust: One of the few remaining commercial buildings from the
community of Laidlaw, located at 64697 Cook Avenue, Tumalo. 16-12-31 A TL 2900.
Page 2 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-002
20:19. -La PineCommercial Club: Building was built in 1912 as a community center,
serving as a regular meeting place for civic organizations and occasionally served as a
church. One of the oldest and continuously used buildings in La Pine. Located at 51518
Morrison Street, La Pine. 22-10-15AA TL 4600.
24-.20. Lynch and Roberts Store Advertisement: Ad advertising sign painted on a soft
volcanic ash surface. Only area example of early advertising on natural material. Lynch and
Roberts established mercantile in Redmond in 1913. Roberts Field near Redmond was
named for J. R. Roberts. Site includes the bluff. 14-12-00 TL 1505.
221, Maston Cemetery: One of the oldest cemeteries in County. Oldest grave
marker is 1901. About one-half mile from site of Maston Sawmill and Homestead. Site
includes the gravestones and memorials and the entire tax lot, identified as 22-09-00 TL
1800.
222. _ _George Millican Ranch and Mill Site: Ranch established in 1886. Well dug at or
near that date. Remains of vast cattle ranching empire. 19-15-33 TLs 100, 300.
24-:23. --George Millican Townsite: Town established 1913. Site includes store and garage
buildings, which retain none of the architectural integrity from era. 19-15-33 TL 500.
224. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas
and structures erected by Rasmus Petersen. A residence house and museum are part of
the site. The site has been a tourist attraction for over 60 years. Located at 7930 SW
77th, Redmond. Site includes entire tax lot. 16-12-11 TL 400.
.25. _Pickett's Island: After originally settling in Crook County, Marsh Awbrey moved
to Bend and then homesteaded on this island in the Deschutes River south of Tumalo. The
site was an early ford for pioneers. Located in Deschutes River near Tumalo State Park.
17-12-6 NE -'/a TL 100. Portion between Deschutes River and Old Bend Road is
designated.
2-7:26. Rease (Pauling Prairie) Cemetery: Historic cemetery on Elizabeth Victoria Castle
Rease and Denison Rease's homestead. Earliest known grave is of their son, George Guy
Rease, born in 1879, who was also a homesteader on Paulina Prairie. George Guy Rease
died of smallpox on the Caldwell Ranch on May 2, 1903. Other known burials are William
Henry Caldwell, 1841 -October 15, 1910, died on the Caldwell Ranch of injuries sustained
on a cattle drive; Melvin Raper, 1892-1914, died in a tent of tuberculosis; Addie Laura
Caldwell, 1909 -November 16, 1918, died of the Spanish influenza epidemic; and Emma
Nimtz Deedon, 1886 -April 15, 1915, died of complications from a pregnancy. There are
several unmarked graves. The cemetery is a county -owned one -acre parcel on the north
edge of Paulina Prairie, two miles east of Highway 97. 210-11-29, SE -'/4; NW -'/4 TL 99.
2-8:27. Terrebonne Ladies Pioneer Club: The Club was organized in 1910. The building
has been a community -meeting place since 1911. Located at 8334 1 Ith Street,
Terrebonne. 14-13-16DC TL 700.
29:28. Tetherow House and Crossing: Site is an excellent example of an early
Deschutes River crossing. Major route from Santiam Wagon Road to Prineville. Tetherow
House was built in 1878. The Tetherows operated a toll bridge, store and livery stable for
Page 3 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-006
travelers. Oldest house in County. Site includes house and entire tax lot. 14-12-36A TL
4500.
3-0.29. Tumalo Creek — Diversion Dam The original headgate and diversion dam for the
feed canal was constructed in 1914. The feed canal's purpose was to convey water from
Tumalo Creek to the reservoir. The original headworks were replaced and the original
94.2 ft low overflow weir dam was partially removed in 2009/2010 to accommodate a
new fish screen and fish ladder. The remaining original structure is a 90 foot (crest length)
section of dam of reinforced concrete. Tax Map 17-11-23, Tax Lot 1600.
3-1:30. Tumalo Community Church: The building is the oldest church in the County,
built in 1905. It stands in the former town of Laidlaw, laid out in 1904. Located at 64671
Bruce Avenue, Tumalo. 16-12-31 A TL 3900.
X31. Tumalo Project Dam: Concrete core, earth -filled dam 75 feet high. First project
by State of Oregon to use State monies for reclamation project. On Tumalo Creek. 16-
11-29.
33-:32. __William P. Vandevert Ranch Homestead House: The Vandevert Ranch House
stands on the east bank of the Little Deschutes River at 17600 Vandevert Road near
Sunriver. The homestead was established in 1892, and has been recently relocated and
renovated. Vandevert family history in the area spans 100 years. 20-1 1-00 TL 1900.
34.33. „Kathryn Grace Clark Vandevert Grave: Kathryn Grace Vandevert, daughter of
William P. Vandevert, died of influenza during the epidemic of 1918. Her grave is located
across a pasture due south of the Vandevert House, 50 feet east of the Little Deschutes
River. Site includes gravestone and fenced gravesite measuring is approximately 15 feet by
1 c c..,,, ,)n_ i i _nn TL i nnn
3,5-:34. __Young School: Built in 1928, it is an excellent example of a rural "one -room"
school which served homesteaders of the 1920s. Located on Butler Market Road. 17-13-
19 TL 400.
35 Agnes Mae Allen Sottong and Henry J. Sottong House and Barn. House and barn
are constructed with lumber milled on the property in a portable sawmill run by the Pine
Forest Lumber Company in 1911. Henry was awarded homestead patent 7364 issued at
The Dalles on Dec I, 1904. Henry was president of the Mountain States Fox Farm. A
flume on the Arnold Irrigation District is named the Sottong Flume. The structures are
also associated with William Kuhn, a president of the Arnold Irrigation District; Edward
and Margaret Uffelman, who were part of the group that privatized and developed the
Hoo Doo Ski Resort; and Frank Rust Gilchrist, son of the founder of the town of Gilchrist
and Gilchrist Mill and president of the Gilchrist Timber Company from the time of his
father's death in 1956 to 1988. Frank R. Gilchrist served on the Oregon Board of Forestry
under four governors and was appointed by the governors to serve as a member of the
Oregon Parks and Recreation Advisory Committee. He served on the Oregon State
University's Forest Products Research Lab and was a director and president of the
National Forest Products Association. T 18 R 12 Section 22, 00 Tax lot 01600.
Inventory note: Unless otherwise indicated the inventoried site includes only the designated
structure. No impact areas have been designated for any inventoried site or structure.
Page 4 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-002
56ctL'ow 5.12 l-eo%sl,at�ve +t%stor�
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.I I.I Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
2011-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
2011-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/11-19-12
3.7 (revised), Appendix C
Svstem Plan
(added)
'
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
Page 5 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-006
Page 6 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-002
Comprehensive Plan Map
2013-016
10-21-13/10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/11-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/11-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
11-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
11-23-15/11-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5 -Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
Page 6 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-002
Page 7 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-006
Comprehensive Plan Text and
Map Amendment recognizing
2015-010
12-2-15/ 12-2-15
2.6
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non -
2016 -005
11-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/11-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
r —m—tv uiithin i
2018-006 17-23-18/7-23-18 23.01.010, 5.8. 5.9
Page 8 of 8 - EXHIBIT B TO ORDINANCE NO. 2018-002
correcting tax lot numbers in
Non -Significant Mining Mineral
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Chapter 17.24. FINAL PLAT
17.24.110. Conditions of Approval.
A. The Planning Director and Road Department Director shall determine whether or not the plat conforms
with the approved tentative plan and DCC Title 17. If the Planning Director and/or Road Department
Director does not approve the plant, they shall advise the applicant of the changes or additions that must
be made, and shall afford him an opportunity to make corrections. If the Planning Director and Road
Department Director determine that the plat conforms to all requirements and if, in the case of partitions,
they determine that all current taxes and assessments are paid, they shall recommend approval, provided
supplemental documents and provisions for required improvements are satisfactory. Recommendation
of approval of the plat does not constitute final approval, such authority for final approval being vested
with the governing body.
B. No plat of a proposed subdivision or partition shall be approved unless:
1. Streets and roads for public use are to be dedicated without any reservation or restriction.
2. Streets and roads held for private use and indicated on the tentative plan have been approved by the
County;
3. The plat contains provisions for dedication to the public of all common improvements, including, but
not limited to, streets, roads, parks, sewage disposal and water supply systems, if made a condition of
the approval of the tentative plan;
4. Explanations of all common improvements required as conditions of approval of the tentative plan
shall be recorded and referenced on the final plat.
(Ord. 2018-006 0, 2018; Ord. 93-012 §29, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit
A, §3.050, 1981).
17.24.120. Improvement Agreement.
A. The subdivider may, in lieu of completion of the required repairs to existing streets and facilities, and
improvements as specified in the tentative plan, request the County to approve an agreement between
himself and the County specifying the schedule by which the required improvements and repairs shall be
completed; provided, however, any schedule of improvements and repairs agreed to shall not exceed one
year from the date the final plat is recorded, except as otherwise allowed by DCC 17.24.120(F) below.
The agreement shall also provide the following:
1. A list of all the contractors who will construct or complete the improvements and repairs;
2. The cost of the improvements and repairs;
3. That the County may call upon the security for the construction or completion of the improvements
and repairs, upon failure of the subdivider to adhere to the schedule for improvements and repairs;
4. That the County shall recover the full cost and.expense of any work performed by or on behalf of the
County to complete construction of the improvements and repairs, including, but not limited to,
attorneys and engineering fees;
5. That a one-year warranty bond shall be deposited with the County following acceptance of the
improvements and repairs. The bond shall be in the amount of 10 percent of the value of the
improvements.
(Ord. 2018-006 §3, 2018; Ord. 2002-026 §1, 2002; Ord. 97-016 §1, 1997; Ord. 93-012 §30,1993; Ord. 90-
003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.050, 1981).
Page 1 of 1 - EXHIBIT C TO ORDINANCE NO. 2018-006
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.030. Definitions.
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030.
"AASHTO Standards" refers to the road safety and design standards set forth in the publication
entitled American Association of State Highway and Transportation Officials Policy on Geometric
Designs of Highways and Streets, current edition.
"Accepted farming practice" means a mode of operation common to farms and ranches of a similar
nature, necessary for the operation of such farms and ranches with the intent to obtain a profit in
money, and customarily utilized in conjunction with farm use.
"Access" means the right to cross between public and private property allowing pedestrians and
vehicles to enter and leave property.
"Accessory use or accessory structure" means a use or structure incidental and subordinate to the
main use of the property, and located on the same lot as the main use. Accessory uses include drilling
for, and utilization of, low -temperature geothermal fluid in conjunction with the main use of the
property.
"Adjoining" means contiguous; touching or connected, including tracts of land that only connect or
touch at a common point.
Affected persons (Repealed by Ord. 91-038, 199 1)
"Agricultural building or equine facility" means buildings and structures that are exempt
from the State of Oregon Structural Specialty Code as agricultural buildings and equine
facilities as described in ORS 455.315. A structural building permit is not required for
agricultural buildings or equine facilities located on the same lot or parcel receiving special
assessment for farm use.
"Agricultural Land" means lands classified by the U.S. Natural Resources Conservation Service
(NRC S T T c� Soil Genservation Se= o'iee (SCS)as predominately Class I -VI soils, and other lands in
different soil classes which are suitable for farm use, taking into consideration soil fertility, suitability
for grazing and cropping, climatic conditions, existing and future availability of water for farm
irrigation purposes, existing land use patterns, technological and energy inputs required, and accepted
farming practices. Lands in other classes which are necessary to permit farm practices to be
undertaken on adjacent or nearby lands shall be included as agricultural lands in any event.
"Agricultural structure" means any structure considered to be an "agricultural building" under the
State Building Code (Section 326) as referenced in DCC 15.04.010 and is (1) located on a parcel that
is at least 20 acres in size and contains at least 8.5 irrigated acres, or (2) a parcel that is at least 80
acres in size, regardless of irrigation.
Page 1 of 2 - EXHIBIT D TO ORDINANCE NO. 2018-006
"Vacation trailer" means a portable unit designed and built to be towed on its own chassis, comprised
of frame and wheels having sleeping, cooking and plumbing facilities independent of external utility
connections and intended for use principally as a temporary recreational or vacation residence.
(Ord. 2018-006 &4, 2018; Ord. 2017-015§1, 2017; Ord. 2016-026§1, 2016; Ord. 2016-
015§ 1, 2016; Ord. 2016-006 § 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 §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, IA and 113, 1993; Ord. 93- 038 §1, 1993; Ord. 93-005 §§l
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 §!, 1983;
Ord. 82-013 §1, 1982)
Page 2 of 2 - EXHIBIT D TO ORDINANCE NO. 2018-006
Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outright.
18.16.023. Lawfully Established Dwelling Replacement
18.16.025. Uses Permitted Subiect 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.uses
Permitted Subjeet to the Speeial ProAsions Under DCC Seetion 18.16.038 and a Review
iffier„r�pter 18.124 For items C Threugh4k&
18.16.030. Conditional Uses Permitted - High Value and Non -high Value Farmland.
18.16.031. Nonresidential Conditional Uses on Non -high Value Farmland Only.
18.16.033. Nonresidential Conditional Uses on High Value Farmland Only.
18.16.035. Destination Resorts.
18.16.037. Guest Ranch.
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
18.16.040. Limitations on Conditional Uses.
18.16.042 Agri -Tourism and Other Commercial Events or Activities Limited Use Permit
18.16.043 Single Permit
18.16.050. Standards for Dwellings in the EFU Zones.
18.16.055. Land Divisions.
18.16.060. Dimensional Standards.
18.16.065. Subzones.
18.16.067. Farm Management Plans.
18.16.070. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
A. Farm use as defined in DCC Title 18.
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 1, 1987, and
contiguous public owned property utilized to support the operation and maintenance of public
roads and highways.
I. Creation, restoration or enhancement of wetlands.
Page 1 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
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 or the onsite treatment of septage prior to the land application of 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, 46813.053
or 46813,055, or in compliance with rules adopted under ORS 46813.095, and with the
requirements of ORS 215.246 to 215.251. For the purposes of this section, onsite treatment of
septage prior to the land application of biosolids is limited to treatment using treatment facilities
that are portable temporary and transportable by truck trailer, as defined in ORS 801.580, during
a period of time within which land application of biosolids is authorized under the license, permit,
or other approval.
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. 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, subject to the provisions of DCC 18.116.330.
(Ord. 2018-006 �5, 2018; Ord. 2016-015 §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 and2, 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, 198 1)
Page 2 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
18.16.030. Conditional Uses Permitted -High Value and Non -high Value Farmland.
The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or non -
high value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and
18.16.050, and other applicable sections of DCC Title 18.
DD. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of generating
power for public use by sale, subject to OAR 660-033-0130. On high-value farmland only, photovoltaic
solar power generation facilities are subject to the provisions in ORS 215.447.
SEE. Commercial dog boarding kennel, or dog training classes or testing trials that exceed the
standards under DCC 18.16.025(K), subject to DCC 18.16.040(A)(1 and 2).
FF Equine and equine -affiliated therapeutic and counseling activities, provided:
1 The activities are conducted in existing buildings that were lawfully constructed on the property
before the effective date of January 1 2019 or in new buildings that are accessory, incidental and
subordinate to the farm use on the tract, and
2 All individuals conductingtherapeutic or counseling activities are acting within the proper scope of
any licenses required by the state.
(Ord. 2018-006 §5, 2018; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; 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. 95-025 §1, 1995; Ord. 95-007 §11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord.
91-038 §2, 1991; Ord. 91-020 §1, 1991; Ord. 91-014 §1, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §1, 1990;
Ord. 90-014 §§23 and 31, 1991; Ord. 87-013 §1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983)
18.16.037. Guest Ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock operation,
using accepted livestock practices that qualifies as a farm use under DCC 18.04.030, subject to the
applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the applicable provisions of DCC
18.128, and the provisions of the applicable Oregon Revised Statutes. A guest ranch shall not be located
within the boundaries of or surrounded by:
(1) A federally designated wilderness area or a wilderness study area:
(2) A federally designated wildlife refuge;
(3) A federally designated area of critical environmental concern; or
(4) An area established by an Act of Congress for the protection of scenic or ecological resources.
B. "Guest ranch" means a facility for overnight guest lodging units, including passive recreational activities
and food services, as set forth in ORS 215 that are incidental and accessory to an existing livestock
operation that qualifies as a farm use under DCC 18.04.030.
C. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient
overnight lodging and not for permanent residence accommodations.
D. For the purposes of DCC 18.16.037, "livestock" means cattle, sheep, horses, and bison.
E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or parcel
that separates a guest ranch from the dwelling of the person conducting the livestock operation shall not
be allowed.
Page 3 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest
ranch shall not be allowed.
(Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2001-043 §1, 2001; Ord.
98-056 §1, 1998)
Note: DCC 18.16.037 will be repealed ranuan. 2, 201 &April 15, 2020 (Ord. 2018-006 §5, 2018; Ord. 2012-
007 §2, 2012; Ord. 2010-017 §1, 2010).
18.16.040. Limitations on Conditional Uses.
A. Conditional uses permitted by DCC 18.16.030, 18.16.031, and 18.16.033 may be established subject to
ORS 215.296, applicable provisions in DCC 18.128, and upon a finding by the Planning Director or
Hearings Body that the proposed use:
1. Will not force a significant change in accepted farm or forest practices as defined in ORS
215.203(2)(c) on surrounding lands devoted to farm or forest uses; and
2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use; and
3. That the actual site on which the use is to be located is the least suitable for the production of farm
crops or livestock.
B. A commercial activity allowed under DCC 18.16.030(E) 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 outside of Deschutes County.
C. A power generation facility that is part of a commercial utility facility for the purpose of generating power
for public use by sale identified in DCC 18.16.030(1✓K) and:
1. That is located on high-value farmland, the permanent features of which shall not preclude more than
12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to
ORS 197.732 and Oraonn Arlminktrative RiilPc 660 T)ivkinn nn4
2. That is located on non -high-value farmland, the permanent features of which shall not preclude more
than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant
to ORS 197.732 and Oregon Administrative Rules 660, Division 4.
3. A power generation facility may include on-site and off-site facilities for temporary workforce
housing as allowed under OAR 660-033-0130(17) and (22).
E. No aircraft may be based on a personal -use airport identified in DCC 18.16.030(ML) 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 Oregon Department of Aviation in specific
instances. A personal use airport lawfully existing as of September 13, 1975, shall continue to be
permitted subject to any applicable rules of the Oregon Department of Aviation.
(Ord. 2018-006 §5, 2018; Ord. 2015-016 §2, 2015; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord.
2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2,2004; Ord. 98-030
§1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14,1995; Ord. 92-065 §3,1992; Ord. 91-038 §1 and 2,1991;
Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991)
Page 4 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
18.16.050. Standards for Dwellings in the EFU Zones.
Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for
each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the dwelling
is placed, signing and recording 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 or
30.937.
A. Farm -related dwellings on non -high value farmland. A dwelling customarily provided in conjunction
with farm use, as listed in DCC 18.16.030(A), may be approved if it satisfies any of the alternative tests
set forth below:
1. Acreage test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The parcel on which the dwelling will be located is at least:
(a) One hundred sixty acres and not in the Horse Ridge East subzone; or
(b) Three hundred twenty acres in the Horse Ridge East subzone;
ii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which
is evidenced by a farm management plan;
iii. The dwelling will be occupied by a person or persons who will be principally engaged in the
farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale;
iv. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K);
2. Median acreage/gross sales test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
rn ,,
use 11. i f:
1GL1111
i. The subject tract is at least as large as the median size of those commercial farm or ranch
tracts capable of generating at least $10,000 in annual gross sales that are located within a
study area that includes all tracts wholly or partially within one mile of the perimeter of the
subject tract;
ii. The subject tract is capable of producing at least the median level of annual gross sales of
County indicator crops as the same commercial farm or ranch tracts used to calculate the tract
size in DCC 18.16.050(A)(2)(a)(i);
iii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which
is evidenced by a farm management plan, at a level capable of producing the annual gross
sales required in DCC 18.16.050(A)(2)(a)(ii). If no farm use has been established at the time
of application, land use approval shall be subject to a condition that no building permit may
be issued prior to establishment of the farm use capable of meeting the median income test.
iv. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size;
v. There is no other dwelling on the subject tract(1), except as allowed under DCC
18.16.020(K); and
vi. The dwelling will be occupied by a person or persons who will be principally engaged in the
farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale.
b. For the purpose of calculating appropriate tract sizes and gross incomes to satisfy DCC
18.16.050(A)(2)(a)(i) and (ii), the County will utilize the methodology contained in Oregon
Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC
pursuant to Oregon Administrative Rules 660-33-135(4).
3. Gross annual income test.
Page 5 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is currently employed for a farm use, and that the farm operator earned
$x,50040,000 in gross annual revenue in the last two years, three of the last five years, or
based -On the average farm revenue earned on the tract in the highest three of the last five
years.
ii. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
iii. The dwelling will be occupied by a person or persons who produced the commodities which
grossed the income in DCC 18.16.050(A)(3)(a)(i); and
C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070,
is considered to be an accessory farm dwelling customarily provided in conjunction with farm use when:
1. The accessory dwelling meets the following criteria:
a. The accessory farm dwelling will be occupied by a person or persons who will be principally
engaged in the farm use of the land and whose seasonal or year-round assistance in the
management of the farm use, such as planting, harvesting, marketing or caring for livestock, is
or will be required by the farm operator; and
b. The accessory farm dwelling will be located:
i. On the same lot or parcel as the primary farm dwelling; or
ii. On the same tract as the primary farm dwelling when the lot or parcel on which the accessory
farm dwelling will be sited is consolidated into a single parcel with all other contiguous lots
and parcels in the tract; or
iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is limited to only a manufactured home and a deed restriction substantially in
compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County Clerk.
The deed restriction shall require the manufactured dwelling to be removed when the lot or
parcel is conveyed to another party. The manufactured home may remain if it is reapproved
under DCC 18.16.050; or
iv. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size
under DCC 18.16.065 and the lot or parcel complies with the gross farm income requirements
in DCC 18.16.050(A)(3) or (13)(1), whichever is applicable; and
c. There is no other dwelling on land zoned EFU owned by the farm operator that is vacant or
currently occupied by persons not working on the subject farm or ranch and that could reasonably
be used as an accessory farm dwelling; and
2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the
following:
a. On land not identified as high-value farmland, the primary farm dwelling is located on a farm or
ranch operation that is currently employed in farm use and produced $x,50040,000 in gross
annual sales in the last two years, of three of the last five years, or based on the average farm
revenue -earned on the tract in the highest three of the last five years. In determining gross
revenue, the cost of purchased livestock shall be deducted from the total gross revenue attributed
to the tract; or
b. On land identified as high-value farmland, the primary farm dwelling is located on a farm or
ranch operation that is currently employed for farm use, and produced at least $80,000 in gross
annual revenue from the sale of farm products in the last two years, three of the last five years�or
based on the average farm revenue earned on the tract in the highest three of the last five years.
Page 6 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
Gross revenue shall be calculated by deducting the cost of purchased livestock from the total
gross revenue attributed to the tract; and
3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be approved
for a division of land except as provided for in DCC 18.16.055(B).
4. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the
requirements for a nonfarm dwelling pursuant to DCC 18.16.050(G).
G. Nonfarm dwelling.
1. One single-family dwelling, including a manufactured home in accordance with DCC 18.116.070,
not provided in conjunction with farm use, may be permitted on an existing lot or parcel subject to
the following criteria:
a. The Planning Director or Hearings Body shall make findings that:
i. The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices, as defined in ORS
215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use.
ii. The proposed nonfarm dwelling will not materially alter the stability of the overall land use
pattern of the area. In determining whether a proposed nonfarm dwelling will alter the
stability of the land use pattern in the area, the County shall consider the cumulative impact
of nonfarm dwellings on other lots or parcels in the area similarly situated, by applying the
standards under OAR 660-033-0130(4)(a)(D), and whether creation of the parcel will lead to
creation of other nonfarm parcels, to the detriment of agriculture in the area.
iii. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot
or parcel that is generally unsuitable for the production of farm crops and livestock or
merchantable tree species, considering the terrain, adverse soil or land conditions, drainage
and flooding, vegetation, location and size of the tract.
iv. The proposed nonfarm dwelling is not within one-quarter mile of a dairy farm, feed lot or
sales yard, unless adequate provisions are made and approved by the Planning Director or
Hearings Body for a buffer between such uses. The establishment of a buffer shall be
designed based upon consideration of such factors as prevailing winds, drainage, expansion
potential of affected agricultural uses, open space and any other factor that may affect the
livability of the nonfarm -dwelling or the agriculture of the area.
v. Road access, fire and police services and utility systems (i.e., electrical and telephone) are
adequate for the use.
vi. The nonfarm dwelling shall be located on a lot or parcel created prior to January 1, 1993, or
was created or is being created as a nonfarm parcel under the land division standards in DCC
18.16.055(B) or (C).
2. For the purposes of DCC 18.16.050(G) only, "unsuitability" shall be determined with reference to the
following:
a. A lot or parcel or a portion of a lot or parcel shall not be considered unsuitable solely because of
size or location if it can reasonably be put to farm or forest use in conjunction with other land. If
the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable
land for the production of merchantable tree species recognized by the Forest Practices Rules,
considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation,
location and size of the parcel.
b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too
small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold,
leased, rented or otherwise managed as part of a commercial farm or ranch, it is not "generally
unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is composed
Page 7 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
predominantly of Class I -VI soils. Just because a lot or parcel or portion of a lot or parcel is
unsuitable for one farm use does not mean it is not suitable for another farm use. If the parcel is
under forest assessment, the area is not "generally unsuitable" simply because it is too small to
be managed for forest production profitably by itself.
c. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a
part of a forestry operation, it is not "generally unsuitable." If a lot or parcel is under forest
assessment, it is presumed suitable if it is composed predominantly of soil capable of producing
20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be
found compatible and not seriously interfere with forest uses on surrounding land it must not
force a significant change in forest practices or significantly increase the cost of those practices
on the surrounding land.
3. Loss of tax deferral. E.._ept as pr-evided in PGG 19. , 050iTv2) s ft pursuant to ORS 215.236,
a nonfarm dwelling on a lot or parcel in an Exclusive Farm Use zone that is or has been receiving
special assessment may be approved only on the condition that before a building permit is issued the
applicant must produce evidence from the County Assessor's office that the parcel upon which the
dwelling is proposed has been disqualified under ORS 308A.44-3-050 to 308A.128 of ORS 309A. , , ti
or other special assessment under
ORS 308A.315 321.257 to 321.390 321.700 to 321.754 or 321.805 to 321.855 0680
_12, 730eff- _121.815 and that any additional tax or penalty imposed by the County Assessor as a result
of disqualification has been paid.
H. Temporary hardship dwelling.
1. A temporary hardship dwelling listed in DCC 18.16.030 is allowed under the following conditions:
a. The dwelling is an existing building or is a manufactured home or recreational vehicle, and that
is used in conjunction with an existing dwelling on the lot or parcel. For the purposes of this
section "existing" means the building was in existence on or before March 29, 2017;
b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel
only for the term of a hardship suffered by the existing resident or relative of the resident. The
manufactured dwelling shall be removed or demolished within three months of the date the
hardship no longer exists. The recreational vehicle shall not be occupied once the term of the
medical hardship is completed, except as allowed under DCC 18.116.095. A temporary residence
approved under this section is not eligible for replacement under DCC 18.16.020(J);
c. The existence of a medical hardship is verified by a written doctor's statement, which shall
accompany the permit application; and
d. The temporary manufactured home uses the same subsurface sewage disposal system used by the
existing dwelling, provided that the existing 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.
e. If a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a
bathroom, and shall meet the minimum setbacks established under DCC 18.16.070.
2. Permits granted under DCC 18.16.050(H) shall be subject to the provisions of DCC 18.116.090 and
shall be required to meet any applicable DEQ review and removal requirements as a condition of
approval.
3. As used in DCC 18.16.050(H), the term "hardship" means a medical hardship or hardship for the care
of an aged or infirm person or persons.
4. As used in DCC 18.16.050(H), the term "relative" means grandparent, step -grandparent, grandchild,
parent, step-parent, child, step -child, brother, sister, sibling, step -sibling, niece, nephew, uncle, aunt,
or first cousin of the existing resident.
5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under DCC
18.16.040(A)(1-2) and DCC 18.16.020(J)(1)
Page 8 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
(Ord. 2018-006 §5, 2018; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord.
2008-001 §2, 2008; Ord. 2004-0020 §1, 2004; Ord. 2004-013 §2, 2004; Ord. 2004-001 §2, 2004; Ord. 98-
033 §1, 1998; Ord. 98-030 §1, 1998; Ord. 95-007 §15, 1995; Ord. 94-026 fl, 1994; Ord. 92-065 §3, 1992;
Ord. 91-038 §§2 and 3, 1991; Ord. 91-020 §1, 199 1)
Page 9 of 9 - EXHIBIT E TO ORDINANCE NO. 2018-006
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA
18.32.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
A. Agricultural uses as defined in DCC Title 18.
B. A single family dwelling, or a manufactured home subject to DCC 18.116.070.
C. Propagation or harvesting of a forest product.
D. Class I and JI 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.
E. Class III road or street project.
F. Noncommercial horse stables, excluding horse events.
G. Horse events, including associated structures, involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or
3. More than 25 riders, no more than two times per year on nonconsecutive days.
Incidental musical programs are not included in this definition. Overnight stays by participants,
trainers or spectators in RVs on the premises is not an incident of such horse events.
H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
I. Type 1 Home Occupation, subject to DCC 18.116.280.
J Accessory Dwelling Units, subject to DCC 18.116.350.
(Ord. 2018-006 �2018; Ord. 2004-002 §3,2004; Ord. 2001-039 §2,2001; Ord. 2001-016 §2,2001;
Ord. 94-008 §10, 1994; Ord. 93-043 §4, 1993; Ord. 93-001 §1, 1993; Ord. 91-038 §1, 1991; Ord.
91-020 §1, 1991; Ord. 91-005 §18, 1991; Ord. 91-002 §6,1991)
Page 1 of 1 - EXHIBIT F TO ORDINANCE NO. 2018-006
Chapter 18.36. FOREST USE ZONE - F-1
18.36.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18.
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring its use.
D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
E. Log scaling and weigh stations.
F. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit
under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
G. Private parks and campgrounds.
1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025.
2. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within
three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732
and OAR Chapter 660, Division 4.
3. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for
vacation, recreational or emergency purposes, but not for residential purposes and is established on a
site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for
recreational use by the occupants of the campground.
4. A campground shall be designed and integrated into the rural agricultural and forest environment in
tt . + te— the tura) aYnenitles of the site and rimvirlec h„ffem of existing native trees
Q lllClllller L11QL F-1111- L11V natural ui 1+. ...
and vegetation or other natural features between campsites.
5. Campsites may be occupied by a tent, travel trailer or recreational vehicle.
6. Separate sewer, water or electric service hookups shall not be provided to individual campsites except
that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C).
7. Campgrounds shall not include intensively developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a
camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period.
8. A private campground may provide yurts for overnight camping.
a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this rule, "yurt" means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not
otherwise permitted under DCC 18.36.030(D).
I. Television, microwave and radio communication facilities and transmission towers.
J. Fire stations for rural fire protection.
K. Commercial utility facilities for the purpose of generating power. A power generation facility shall not
preclude more than 10 acres from use as a commercial forest operation unless an exception is taken
pursuant to Oregon Administrative Rules 660, Division 4.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
Page 1 of 3 - EXHIBIT G TO ORDINANCE NO. 2018-006
P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. electrical, gas, oil, geothermal, telephone, fiber optic cable) with rights of way
50 feet or less in width.
Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
R. Home Occupations, subject to DCC 18.116.280.
S. Expansion of existing airports.
T. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
U. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of
DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one-quarter mile of fish bearing Class I waters.
V. Forest management research and experimentation facilities as described by ORS 526.215 or where
accessory to forest operations.
W. 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.
X. An existing building, ora manufactured dwelling 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 215.283.
For the purposes of this section "existing_" means the building was in existence on or before March 29,
2017.
1. As used in this section, "hardship" means a medical hardship or hardship for the care of an aged or
infirm person or persons.
2. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.36.040 and
18.36.060 of this chapter.
3. The manufactured home shall use the same subsurface sewage disposal system used by the existing
dwellings if that disposal system is adequate to accommodate the additional dwelling.
4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be
required.
5. A temporary residence approved under this subsection is not eligible for replacement under OAR
660-006-025.
Y. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, as pursuant to DCC
18.36.050.
Z. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever
is applicable.
AA. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game
hunting seasons authorized by the Oregon Fish and Wildlife Commission.
BB. An Extended Outdoor Mass gathering subject to review by a county planning commission pursuant to
DCC Chapter 8.16.
DD. Permanent facility for the primary processing of forest products.
EE. Firearms training facility.
(Ord. 2018-006 $7, 2018; Ord. 2012-007 §3, 2012; Ord. 2007-020 §3, 2007; Ord. 2004-002 §5, 2004; Ord.
2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1,
1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986)
Page 2 of 3 - EXHIBIT G TO ORDINANCE NO. 2018-006
18.36.040. Limitations on Conditional Uses.
A use authorized by DCC 18.36.030 must meet the following requirements. These requirements are designed
to make the use compatible with forest operations and agriculture and to conserve values found on forest
lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agricultural or forest lands.
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs
or significantly increase risks to fire suppression personnel.
C. Prior to final approval of the uses listed in DCC 18.36.030(G), (N), (R), (U) -and, (X), andY the land
owner shall sign and record in the County Clerk's office a written statement recognizing the rights of
adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and
Rules.
(Ord. 2018-006 �7, 2018; Ord. 2012-007 §3,2012; Ord. 94-038 §1, 1994; Ord. 92-025 §2,1992; Ord. 91-020
§1, 1991)
Page 3 of 3 - EXHIBIT G TO ORDINANCE NO. 2018-006
Chapter 18.40. FOREST USE ZONE - F-2
18.40.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18:
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring it use.
D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and
other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40.
E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
F. Log scaling and weigh stations.
G. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit
under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
H. Private parks and campgrounds.
1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025.
2. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within
three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732
and OAR Chapter 660, Division 4.
3. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for
vacation, recreational or emergency purposes, but not for residential purposes and is established on a
site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for
recreational use by the occupants of the campground.
^ " a ^�� 1 a a a "'t"^'''te•i int- the r'.'.ral agtonlhirnl and fnreat envirnnment in
moi, h �i[Illlpground Man VV LLeJig_ aliu 111 . �.
a manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
5. Campsites may be occupied by a tent, travel trailer or recreational vehicle.
6. Separate sewer, water or electric service hookups shall not be provided to individual campsites except
that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C).-
7. Campgrounds shall not include intensively developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a
camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period.
8. A private campground may provide yurts for overnight camping.
a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this rule, "yurt" means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not
otherwise permitted under DCC 18.40.030(E).
J. Television, microwave and radio communication facilities and transmission towers.
K. Fire stations for rural fire protection.
L. Commercial utility facilities for the purpose of generating power. A power generation facility shall not
preclude more than 10 acres from use as a commercial forest operation unless an exception it taken
pursuant to Oregon Administrative Rules 660, Division 4.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
O. Reservoirs and water impoundments.
P. Cemeteries.
Page 1 of 4 - EXHIBIT H TO ORDINANCE NO. 2018-006
Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. gas, oil, geothermal, telephone, fiber optic cable) with rights of way 50 feet
or less in width.
R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
S. Home Occupations, subject to DCC 18.116.280.
T. Expansion of existing airports.
U. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of
DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one-quarter mile of Class I waters.
W. Forest management research and experimentation facilities as described by ORS 526.215 or where
accessory to forest operations.
X. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, pursuant to DCC
18.40.050.
Y. 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.
Z. AAn existing building ora manufactured home 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 215.283.
For the purposes of this section "existing" means the building was in existence on or before March 29,
2017.
1. As used in this section, "hardship" means a medical hardship or hardship for the care of an aged or
infirm person or persons.
2. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.40.040 and
18.40.60.
3. The manufactured home shall use the same subsurface sewage disposal system used by the existing
dwellings if that disposal system is adequate to accommodate the additional dwelling.
4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be
required.
5. A temporary residence approved under this subsection is not eligible for replacement under OAR
660-006-025.
AA. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever
is applicable.
BB. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game
hunting seasons authorized by the Oregon Fish and Wildlife Commission
CC. An Extended Outdoor Mass Gathering subject to review by a county planning commission pursuant to
DCC Chapter 8.16.
DD. Permanent storage and repair of logging equipment.
EE. Permanent facility for the primary processing of forest products.
FF. Firearms training facility.
(Ord. 2018-006 §8, 2018; Ord. 2012-007 §4, 2012; Ord. 2007-020 §4, 2007; Ord. 2004-002 §6, 2004; Ord.
2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1,
1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8,1986)
Page 2 of 4 - EXHIBIT H TO ORDINANCE NO. 2018-006
18.40.040. Limitations on Conditional Uses.
A use authorized by DCC 18.40.030 must meet the following requirements. These requirements are designed
to make the use compatible with forest operations and agriculture and to conserve values found on forest
lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agriculture or forest lands;
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs
or significantly increase risks to fire suppression personnel.
C. Prior to final approval of the uses listed in DCC 18.40.030(H), (0), (S), (V), (X) and (Z), the landowner
shall sign and record in the County Clerk's office a written statement recognizing the rights of adjacent
and nearby landowners to conduct forest operations consistent with the Forest Practices Act and Rules.
(Ord. 2018-006 §8,20M Ord. 2012-007 §4,2012; Ord. 94-038 §2,1994; Ord. 92-025 §3,1992; Ord. 91-020
§1, 1991)
18.40.050. Standards for Single -Family Dwellings.
D. Template Dwelling. For approval under DCC 18.40.050(D), a single-family dwelling shall meet the
following requirements:
1. The lot or parcel is predominantly composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:
i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
n 1,. .- 41. dwellings ' T 1 1 001 A n ntin A t.^, exist on the other lots or
ii. r�� icaS� MIC weiiingS xiswu oii Jaiivaiy' , .I.l, a.. .....+....
parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or
parcels.
c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160
acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or
parcels.
d-. Lots of pafeels within tir-ban growth betindaries shall net be used to satis6, the template
. tits tinder this sobseetion.
2. Requirements of Applying Template
a. Lots or parcels within urban growth boundaries shall not be used to satisfy the template
requirements under this subsection.14 _a trae-A 60 aer-es or largerdeser-ib€d in DCG 1 Q.^n ncnm
abets a read or- pefennial streaffl, the measurement shall be made by using a 160 aefe r-eetangle
that is one fflile long and ene fewth mile wide eenter-ed on the eepAer- of the subjeet tr-aet and 4ia4
is t the maximum extent possible aligned with the road or stw
b. Except as provided by subsection (c) of this section if the tract described in DCC 18.40.050(D)
abuts a road that existed on January 1 1993, the measurement may be made by creating a 160 -
acre rectangle that is one mile long and 1/4 mile wide centered on the center of the subiect tract
and that is to the maximum extent possible, aligned with the road.
Page 3 of 4 - EXHIBIT H TO ORDINANCE NO. 2018-006
c (A) If a tract 60 acres or larger described in DCC 18.40.050(D) abuts a road or perennial stream,
the measurement shall be made in accordance with subsection (b) of this section. However, one
of the three required dwellings shall be on the same side of the road or stream as the tract, and:
i Be located within a 160 -acre rectangle that is one mile long and one-quarter mile wide
centered on the center of the subi_ect tract and that is to the maximum extent possible aligned
with the road or stream; or
ii. Be within one-quarter mile from the edge of the subject tract but not outside the length of the
160 -acre rectangle and on the same side of the road or stream as the tract.
(B) If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings shall be on the same side of the road as the proposed dwelling. ffl ead ere6i .,
the tfaet en whieli the dwelling will be leeated, at least one of the thfee requifed dwellings shall
be on the same side of the read as the pr-epased dwelling. l4evvever-, One of the dffee r-e"ired
dwellings i n be off the saffle side of the read stream sthe ,,aet -R4; d--
i. Be leeated within a 160 aer-o metangle that is ene mile long and one few4h mile wide eenter-ed-
on the eenter- of the subjeet traet and that is to the maximum e�itent possible aligned with the read-
rn-.nicam;
ii. Be within one quai4er- mile from the edge of the subjeet tr-aet bu4 not outside the leiigth of th-e
160 aer-e o
le, and aii the same side of the read or- stream as the traet.
e. if a tract reviewed ufider- DGG 19.40.050(D) abuts a read that existed on jantlafy 1, 1993, the
measufement may be made by ereating a 160 aer-e r-eetangle that is one mile long and one fi3liA
aligned with the read.
(Ord. 2018-006 §8, 2018; Ord. 2012-007 §4, 2012; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord.
92-025 §3,1992; Ord. 91-020 §1, 1991)
Page 4 of 4 - EXHIBIT H TO ORDINANCE NO. 2018-006
Chapter 18.60. RURAL RESIDENTIAL ZONE - RR -10
18.60.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright.
A. A single-family dwelling, or a manufactured home subject to DCC 18.116.070.
B. Utility facilities necessary to serve the area including energy facilities, water supply and treatment
and sewage disposal and treatment.
C. Community center, if shown and approved on the original plan or plat of the development.
D. Agricultural use as defined in DCC Title 18.
E. 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 18.116.230.
F. Class III road or street project.
G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events.
H. Horse events, including associated structures, involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or
3. More than 25 riders, no more than two times per year on nonconsecutive days.
Incidental musical programs are not included in this definition. Overnight stays by
participants, trainers or spectators in RVs on the premises is not an incident of such horse
events.
I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
J. Type 1 Home Occupation, subject to DCC 18.116.280.
H. Accessory Dwelling Units, subject to DCC 18.116.350.
(Ord. 2018-006 §9,2018; Ord. 2004-002 §7,2004; Ord. 2001-039 §5,2001; Ord. 2001-016 §2,2001;
- 5 8830 k. 31, 1991)Ord 94_008 s1 12, 19) 014; rd. 93_043 §A, 1993) Ord. 91 0 20 sJ 1) 1 991) Ord. 91-00
JJ
Page 1 of 1 - EXHIBIT I TO ORDINANCE NO. 2018-006
Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE
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 18.116.230.
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.
E. Lot Requirements.
i. Residtiai vises:
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. hi Alfalfa, the minimm let size shall be the size neeessafy to aeeonffneda4e the use, bu4
HE)t S41ft
c -b. Each lot shall have a minimum width of 150 feet.
dc. 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.
Page 1 of 3 - EXHIBIT J TO ORDINANCE NO. 2018-006
(Ord. 2018-006 & 10, 2018; Ord. 2016-015 §4, 2016; Ord. 2015-004 §2, 2015; Ord. 2004-002 § 11,
2004; Ord. 2002-028 § 1, 2002; Ord. 2002-002 §2, 2002)
8.6521-.
18.65.021. Alfalfa RSC - Commercial/Mixed Use District.
In Alfalfa,
the following uses and their accessory uses are permitted:
A
Uses Permitted Outright.
1.
Single-family dwelling.
2.
Manufactured home, subject to DCC 18.116.070.
3
Type 1 Horne 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 fauns.
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 18.116.230.
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.
are these allowed in DGG 18 5.020 (A).
Uses Pennitted Subject to Site Plan Review. The following uses and their accessory uses are pennitted,
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 lype of use that takes
place in multiple buildings may not exceed 4,000 square feet.
2
Residential use in conjunction with a pennitted commercial use.
3.
Park or playground.
4.
Community building
5.
Public or semipublic buildingor r use.
6
Marijuana wholesaling office only. There shall be no storage of marijuana items or products at the
Uses
Petfflitted
same location.
Subjeet to Site Plaii Review afe these allowed in DGG 19.65.020(B), with the exeeption e
C.
Highway maintenanee F . ilit;pis-
Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to
Mplicable
provisions of this chapter, DCC 18.116, Supplementary Provisions DCC 18.124 Site Plan
Review, and DCC 18.128 Conditional Use of this title:
1.
Church.
2.
School.
3.
Cemetery.
4
Type 2 or Type 3 Horne Occupation subject to DCC 18.116.280.
5.
Medical clinic or veterinary clinic.
6.
Community Center.
7.
Recreational vehicle or trailer park.
8
Wireless teleconnnunications facilities except those facilities meeting the requirements of DCC
18.116.250(A).
Conditional
9
Marijuana retailing subject to the provisions of DCC 18.116.330.
Uses Permitted are these allowed in DCC 18.65.020(C), with the exeeption of Multi fa+nil)
D.
dwellings a ffi „F , tufod 1,eme part
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
Page 2 of 3 - EXHIBIT J TO ORDINANCE NO. 2018-006
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.
4 The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive faun
use shall be 50 feet.
E Lot Requirements The minimum lot size shall be the size necessary to accommodate the use, but not less
than one acre.
(Ord. 2018-006 §10, 2018; Ord. 2002-002 §2, 2002)
Page 3 of 3 - EXHIBIT J TO ORDINANCE NO. 2018-006
Chapter 18.76. AIRPORT DEVELOPMENT ZONE — A -D
18.76.100. Design and Use Criteria.
The following dimensional standards shall apply in the Airport Districts:
The Planning Director or Hearings Body shall take into account the impact of any proposed conditional
use within the AD Zone on nearby residential and commercial uses, and on the capacity of transportation and
other public facilities and services. In approving a proposed conditional use, the Planning Director or
Hearings Body shall find that:
A. The proposed use is in compliance with the Comprehensive Plan, including the 1994 Be"d n irpeA r, aster
Plan amended(supplemented) i i 2002current version of the adopted Bend Airport Master Plan.
B. The proposed use is in compliance with the intent and provisions of DCC Title 18.
C. Any adverse social, economical, physical or environmental impacts are minimized.
D. The proposed use is not sensitive to noise of the character anticipated by the current and expected noise
level contours of the airport.
E. The proposed use is compatible with adjacent agricultural and residential uses.
F. There are sufficient public facilities and services to support the proposed use.
G. The location and site design of the proposed facility will not be hazardous to the safety and general welfare
of surrounding properties, and that the location will not unnecessarily restrict existing and future
development of surrounding lands as indicated in the Comprehensive Plan.
H. The 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, minimize visibility of parking, loading and storage areas from public ways and
neighboring residential uses, and minimize intrusion into the character of existing developments and land
uses in the immediate vicinity of the proposed use.
(Ord. 2018-006 §11, 2018; Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 199 1)
Page 1 of 1 - EXHIBIT K TO ORDINANCE NO. 2018-006
Chapter 18.80 AIRPORT SAFETY COMBINING ZONE - AS
18.80.022. Definitions.
A. Aircraft. Helicopters and airplanes, but not hot air balloons or ultralights. (Balloons are governed by
FAR Part 30, and ultralights by FAR Part 103. Ultralights are basically unregulated by the FAA.)
B. Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land used in
connection with the aircraft landing or taking off from the strip of land, including but not limited to land
used for existing airport uses.
C. Airport Direct Impact Area. The area located within 5,000 feet of an airport runway, excluding lands
within the runway protection zone and approach surface. (Redmond, Bend, and Sunriver)
D. Airport Elevation. The highest point of an airport's usable runway, measured in feet above mean sea
level.
E. Airport Imaginary Surfaces (and zones). Imaginary areas in space and on the ground that are established
in relation to the airport and its runways.
For the Redmond, Bend, Sunriver and Sisters airports, the imaginary surfaces are defined by the
primary surface, runway protection zone, approach surface, horizontal surface, conical surface and
transitional surface.
For the Cline Falls and Juniper airports, the imaginary areas are only defined by the primary surface
and approach surface.
F. Airport Noise Criterion. The State criterion for airport noise is an Average Day -Night Sound Level
(DNL) of 55 decibels (dBA). The Airport Noise Criterion is not designed to be a standard for imposing
liability or any other legal obligation except as specifically designated pursuant to OAR 340, Division 35.
G. Airport Noise Impact Boundary. Areas located within 1,500 feet of an airport runway or within
established noise contour boundaries exceeding 55 I&DNL.
(Ord. 2018-006 X12, 2018; Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 199 1)
18.80.044. Land Use Compatibility.
Applications for land use or building permits for properties within the boundaries of this overlay zone shall
comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the
Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility
by choosing the most compatible location or design for the boundary or use. Where compatibility issues
persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning
Director or Hearings Body may disallow the use or expansion, except where the action results in loss of current
operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable
conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS
836.619; ORS 836.623(1); OAR 660-013-0080]
A. Noise. Within airport noise impact boundaries, land uses shall be established consistent with the levels
identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC 18.80). Applicants for any subdivision or
partition approval or other land use approval or building permit affecting land within airport noise impact
boundaries, shall sign and record in the Deschutes County Book of Records, a Declaration of Anticipated
Noise declaring that the applicant and his successors will not now, or in the future complain about the
allowed airport activities at the adjacent airport. In areas where the noise level is anticipated to be at or
above 55 LdnDNL, prior to issuance of a building permit for construction of a noise sensitive land use
(real property normally used for sleeping or as a school, church, hospital, public library or similar use),
Page 1 of 2 - EXHIBIT L TO ORDINANCE NO. 2018-006
the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated
into the building design that will achieve an indoor noise level equal to or less than 55LdnDNL. [NOTE:
FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not exceed 45 decibels in all
habitable zones.]
(Ord. 2018-006 &12, 2018, Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 199 1)
Page 2 of 2 - EXHIBIT L TO ORDINANCE NO. 2018-006
Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE
18.84.080. Design review standards.
The following standards will be used to evaluate the proposed site plan:
A. Except as necessary for construction of access roads, building pads, septic drainfields, public utility
easements, parking areas, etc., the existing tree and shrub cover screening the development from the
designated road, river, or stream shall be retained. 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 of the land.
B. It is recommended that new structures and additions to existing structures be finished in muted earth tones
that blend with and reduce contrast with the surrounding vegetation and landscape of the building site.
C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Roofing,
including metal roofing, shall be non -reflective and of a color which blends with the surrounding
vegetation and landscape. DCC 18.84.080 shall not apply to attached additions to structures lawfully in
existence on April 8, 1992, unless substantial improvement to the roof of the existing structure occurs.
D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in DCC 18.
84.090(E), all structures shall be sited to take advantage of existing vegetation, trees and topographic
features in order to reduce visual impact as seen from the designated road, river or stream. When more
than one nonagricultural structure is to exist and no vegetation, trees or topographic features exist which
can reduce visual impact of the subject structure, such structure shall be clustered in a manner which
reduces their visual impact as seen from the designated road, river, or stream.
E. Structures shall not exceed 30 feet in height measured from the natural grade on the side(s) facing the
road, river or stream. Within the LM Zone along a state scenic waterway or federal wild and scenic river,
the height of a structure shall include chimneys, antennas, flag poles or other projections from the roof of
the structure. DCC 18.84.080(E) shall not apply to agricultural structures located at least 50 feet from a
rimrock.
F. New residential or commercial driveway access to designated landscape management roads shall be
consolidated wherever possible.
G. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed
downward and is not directly visible from the designated road, river or stream.
H. The Planning Director or Hearings Body may require the establishment of introduced landscape material
to screen the development, assure compatibility with existing vegetation, reduce glare, direct automobile
and pedestrian circulation or enhance the overall appearance of the development while not interfering
with the views of oncoming traffic at access points, or views of mountains, forests and other open and
scenic areas as seen from the designated landscape management road, river or stream. Use of native
species shall be encouraged. (Formerly section 18.84.080 (C))
I. No signs or other forms of outdoor advertising that are visible from a designated landscape management
river or stream shall be permitted. Property protection signs (No Trespassing, No Hunting, etc.,) are
permitted.
J. A conservation easement as defined in DCC 18.04.2W-0.30 "Conservation Easement" and specified in
DCC 18.116.220 shall be required as a condition of approval for all landscape management site plans
involving property adjacent to the Deschutes River, Crooked River, Fall River, Little Deschutes River,
Spring River, Whychus Creek and Tumalo Creek. Conservation easements required as a condition of
landscape management site plans shall not require public access.
(Q?018-006 ,13 _%018;_Ord. 2015-016 §5, 2015; Ord. 2001-016 §2, 2001; Ord. 97-068 §1, 1997; Ord.
95-075 §3, 1995; Ord. 93-043 §12A and 12B, 1993; Ord. 92-034 §2, 1992; Ord. 91-020 §1, 1991; Ord. 90-
020 §1 1990; PL -15 1979)
Page 1 of 1 - EXHIBIT M TO ORDINANCE NO. 2018-006
Chapter 18.100. RURAL INDUSTRIAL ZONE - R -I
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 18.100.02-0010, 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.
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.
r n__i_i * _ rA-MIt,,.. ]
L. rU011G LanUl111 11Q11J1G1 OLMIV11, 111%,1UUu1r, 1GLJy LJ1111g and. OL11L11 1L.1awu a�. Livluvu.
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 18.116.330.
T. Marijuana processing including cannabinoid extracts, subject to the provisions of DCC
18.116.330
U. Marijuana production in the vicinity of Deschutes Junction, subject to the provisions of DCC
18.116.330.
(Ord. 2018-006 §14, 2018; 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 §l, 1991; Ord. 90-014 §38, 1990; Ord. 86-018 §15, 1986)
18.100.030. Use Limitations.
In an R -I Zone, the following limitations and standards shall apply to all permitted and conditional uses:
A. Properties subject to a limited use combining zone shall be limited to those uses and conditions
Page 1 of 3 - EXHIBIT N TO ORDINANCE NO. 2018-006
specified in the limited use combining zone.
B. No use expected to generate more than 30 truck -trailer or other heavy equipment trips per day to and from
the subject property shall be permitted to locate on a lot adjacent to or across a street from a residential
dwelling, a lot in a platted subdivision or a residential zone.
C. No use shall be permitted that generates more than 20 auto or truck trips during the busiest hour of the
day to and from the premises unless served directly by an arterial or collector or other improved street or
road designed to serve the industrial use which does not pass through or adjacent to residential lots in a
platted subdivision or a residential zone.
D. Any use on a lot adjacent to or across the street from a residential dwelling, a lot in a platted subdivision
or a residential zone shall not emit odor, dust, fumes, glare, flashing lights, noise, or similar disturbances
perceptible without instruments more than 200 feet in the direction of the affected residential use or lot.
E. All parking demand created by any use permitted by DCC 18.100.020 010 of 030 020010 or 18.100.020
shall be accommodated on the applicant's premises entirely off-street.
F. No use permitted by DCC 18.100.820-010 414or 830-18.100.020 shall require the backing of traffic onto
a public or private street or road right of way.
G. There shall be only one ingress and one egress from properties accommodating uses permitted by DCC
18.100.820-010 or 938 02818.100.020 per each 300 feet or fraction thereof of street frontage. If necessary
to meet this requirement, permitted uses shall provide for shared ingress and egress.
H. All uses permitted by DCC 18.100.028-010 or 930-18.100.020 shall be screened from adjoining residential
uses by a sight -obscuring fence.
I. No use shall be permitted to operate for business between the hours of 11:00 p.m. and 7:00 a.m. if located
adjacent to or across the street from a residential dwelling, a lot in a platted subdivision or a residential
zone except as is consistent with DCC 8.08.
J. No use shall be permitted which has been declared a nuisance by state statute, County ordinance or a court
of competent jurisdiction. No use requiring 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 a street from a residential use or lot.
K. Residential and industrial uses shall be served by DEQ approved on-site sewage disposal systems.
L. Residential and industrial uses shall be served by on-site wells or public water systems.
(Ord. 2018-006 &14, 2018; Ord. 2009-008 §2; Ord. 2004-013, §10, 2004; Ord. 2002-126, §1, 2002; Ord.
91-020 §1, 1991)
18.100.040. Dimensional Standards.
In an R -I Zone, the following dimensional standards shall apply:
A. The minimum lot size shall be determined subject to the provisions of DCC 18.100.050.
B. No conditional use permitted by DCC 18.100.838-020 that is located within 600 feet of a residential use,
lot in a platted subdivision or a residential zone shall exceed 70 percent lot coverage by all buildings,
storage areas or facilities and required off-street parking and loading area.
C. The minimum setback between a structure and a street or road shall be 50 feet.
D. The minimum setback between a structure and a property line adjoining a residential lot or use shall be
50 feet.
E. The minimum rear or side yard setback shall be 25 feet unless a greater setback is required by DCC
18.100.050�P070100.
F. The maximum building height for any structure shall be 30 feet on any lot adjacent to or across a street
from a residential use or lot and 45 feet on any other lot.
G. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
H. Maximum industrial use floor area.
1. The maximum size of a building is 7,500 square feet of floor space. The maximum square footage in
a building or buildings for a single allowable use, as defined in DCC 18.100.020 and 18.100.030, on
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an individual lot or parcel shall not exceed 7,500 square feet. There is no building size limit for uses
that are for the primary processing of raw materials produced in rural areas.
2. A lawfully established use that existed on or before 02/25/03 may be expanded to occupy a maximum
of 10,000 square feet of floor area or an additional 25 percent of the floor area currently occupied by
the existing use which ever is greater.
(Ord. 2018-006 §14, 2018; Ord. 2002-126, §1, 2002; Ord. 95-075 §1, 1995; Ord. 94-008 §26, 1994; Ord.
91-020 §1, 1991)
18.100.070. Additional Requirements.
As a condition of approval of any use proposed within an R -I Zone, the Planning Director or Hearings Body
may require:
A. An increase in required setbacks.
B. Additional off-street parking and loading facilities.
C. Limitations on signs or lighting, hours of operation, and points of ingress and egress.
D. Additional landscaping, screening and other improvements.
(Ord. 2018-006 §14,2018-, Ord. 91-020 §1, 1991)
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Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.010. Authorization of Similar Uses.
18.116.020. Clear Vision Areas.
18.116.030. Off -Street Parking and Loading.
18.116.031. Bicycle Parking.
18.116.035. Bicycle Commuter Facilities
18.116.036 Special Parking Provisions for the Sunriver Town Center District
18.116.040. Accessory Uses.
18.116.050. Manufactured Homes.
18.116.070. Placement Standards for Manufactured Homes.
18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot.
18.116.090. A Manufactured Home or RV as a Temporary Residence for Medical
Condition.
18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot.
18.116.100. Building Projections.
18.116.200. Repealed.
18.116.120. Fences.
18.116.130. Hydroelectric Facilities.
18.116.140. Electrical Substations.
18.116.150. Endangered Species.
18.116.160. Rimrock Setbacks Outside of LM Combining Zone.
18.116.170. Solar Height Restrictions.
18.116.180. Building Setbacks for the Protection of Solar Access.
18.116.190. Solar Access Permit.
18.116.200. Repealed.
18.116.210. Residential Homes and Residential Facilities.
18.116.215. Family Childcare Provider.
18.116.220. Conservation Easements on Property Adjacent to Rivers and
Streams -Prohibitions.
18.116.230. Standards for Class I and II Road Projects.
18.116.240. Protection of Historic Sites.
18.116.250. Wireless Telecommunications Facilities.
18.116.260. Rock Crushing Outside the SM Zone.
18.116.270. Conducting Filming Activities in All Zones.
18.116.280. Home Occupations.
18.116.290. Amateur Radio Facilities
18.116.300. Wind Energy Systems that Generate Less than 100 kW
18.116.310. Traffic Impact Studies
18.116.320. Medical Marijuana Dispensary
18.116.330 Marijuana Production, Processing, and Retailing
18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA)
18.116.350 Accessory Dwelling Units in RR -10 and MUA Zones
18.116.180. Building Setbacks for the Protection of Solar Access.
A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as practical during
the winter solar heating hours to existing or potential buildings by requiring all new structures,
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excepting lots less than 10,000 square feet in size or under 80 -feet average width, as defined by
DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban
Unincorporated Community — La Pine, to be constructed as far south on their lots as is necessary
and feasible.
B. Standards. Every new structure or addition to an existing structure, excepting lots less than
10,000 square feet in size or under 80 -feet average width, as defined by DCC 17.08.030 "lot
width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community
— La Pine, shall meet the following standards for a solar setback from the north lot line, except as
provided in DCC 18.116.180(B)(3):
1. South Wall Protection Standard. The south wall protection standard is based on an eight -
foot solar fence on the subject property's north lot line which allows solar radiation on a
neighboring building's south wall above two feet from the ground, assuming a 20 -foot
setback from the common property line to the neighboring building. Solar setbacks for the
south wall protection standards can be calculated with the diagram in Appendix A-1 or
estimated with the table in Appendix A-2. Final determination of solar setback distance is
made by entering the following variables into the Deschutes County Shadow Length
computer program:
a. Pole height;
b. The eight -foot fence height;
c. The scale of the plot plan submitted in feet per inch; and
d. Degrees of slope of the land from east to west and from north to south.
e. If a setback meeting this requirement is not feasible due to physical constraints of the lot,
including, but not limited to, rock outcroppings, septic systems, existing legal restrictions
or lot dimensions, as determined by the Planning Director or Hearings Body, then the
structure or addition must be located as far to the south on the lot as feasible and must
meet the standard set forth in DCC 18.116.180(B)(2).
2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot
solar fence on the subject property's north lot line which allows for solar radiation on a
neighboring building above eight feet from ground level and assuming a 20 foot setback from
the common boundary line to the neighboring building. Solar setbacks for this standard can
be calculated using the diagram in Appendix B-1 or estimated using the table in Appendix
B-2. Final determination of the setback will be made using the Shadow Length computer
program by specifying a 14 -foot solar fence and additional site specific information as listed
in DCC 18.116.180(B)(1).
3. Exceptions. The south roof protection standard shall not apply only if the applicant
establishes:
a. That the structure cannot be located on the lot without violating the requirements
contained in Appendix B; and
b. That the structure is built with its highest point as far to the south as feasible; and
1) That the structure is a single family residence with a highest point less than or equal
to 16 feet high; or, if not a single family residence;
2) That it is a permitted or conditional use for the lot.
4. Exemptions.
a. The governing body may exempt from the provision of DCC 18.116.180 any area where
it is determined that solar uses are not feasible because the area is already substantially
shaded due to heavy vegetation, steep north facing slopes, and any area or zones in which
taller buildings are planned.
b. The Planning Director or Hearings Body shall exempt a structure from the provisions of
DCC 18.116.180 if the structure will shade only a protected area in which solar uses are
not feasible because the protected area is already substantially shaded at the time a
request for exemption is made and approved by the Planning Director or Hearings Body.
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c. The Planning Director or Hearings Body shall exempt a structure from the provisions of
DCC 18.116.180 if the structure is in conformance with a solar height restriction as
provided in DCC Title 17, the Subdivision/Partition Ordinance, as amended.
5. Variances.
a. The Planning Director or Hearings Body may authorize a variance from the requirements
of DCC 18.116.180.
b. A variance may be granted subject to prescribed conditions, provided that the Planning
Director or Hearings Body shall make all of the following findings:
i. The variance does not preclude the reasonable use of solar energy or insolation by
future buildings on the property to be shaded;
ii. The variance does not diminish any solar access which benefits a habitable structure
on adjacent lot or parcel;
c. Shaded property.
i. Notwithstanding DCC 18.116.180(B)(5)(ab)(i) and (ii), if property is to be shaded
that is other than the property for which the variance is sought, in order for the
County to approve the variance, the applicant must provide written consent to the
shading from the owner or owners of all property to be shaded.
ii. The written consent shall be recorded in the Deschutes County Official Records.
iii. The written consent shall be on a form provided by the County and shall contain the
following information:
a). The notarized signatures of all owners and registered leaseholders who hold an
interest in the property being shaded;
b). A statement that the solar access provided in DCC 18.116.180 is waived for that
particular structure and the County is held harmless for any damages resulting
from the waiver.
c). A statement that the waiver applies only to the specific building or buildings to
which the waiver is granted;
d). A description and drawing of the shading which would occur; and
e) A statement binding all successors in interest.
(Ord. 2018-006 U5, 2018; Ord. 2012-007 §5, 2012; Ord. 2006-035 §2, 2006; Ord. 2004-013 §12,
2004; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 83-037 §3, 1983)
18 116 350. Accessory Dwelling Units in RR -10 and MUA Zones
A. As used in this section:
1 "Accessory dwelling unit" means a residential structure that is used in connection with or
that is auxiliary to a single-family dwelling.
2 "Area zoned for rural residential use" means land that is not located inside an urban growth
boundary as defined in ORS 195.060 and that is subject to an acknowledged exception to
a statewide land use Manning goal relating to farmland or forestland and planned and zoned
by the county to allow residential use as a primary use.
3 "Historic home" means a single-family dwelling constructed between 1850 and 1945.
4 "New" means that the dwelling being constructed did not previously exist in residential or
nonresidential form "New" does not include the acquisition alteration, renovation or
remodeling of an existing structure.
5 "Single-family dwelling" means a residential structure designed as a residence for one
family and sharing no common wall with another residence of any type.
B An owner of a lot or parcel within an area zoned for rural residential use (RR10 and MUA
zones) may construct a new single-family dwelling on the lot or parcel, provided:
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I The lot or parcel is not located in an area designated as an urban reserve as defined in ORS
195.137;
2. The lot or parcel is at least two acres in size;
3. A historic home is sited on the lot or parcel;
4 The owner converts the historic home to an accessory dwelling unit upon completion of
the new single-family dwelling; and
5 The accessory dwelling unit complies with all applicable laws and regulations relating to
sanitation and wastewater disposal and treatment.
C The construction of an accessory dwelling under subsection (B) of this section is a land use
action subject to DCC 22.20.
D An owner that constructs a new side -family dwelling under subsection (B) of this section
may not:
1 Subdivide partition or otherwise divide the lot or parcel so that the new single-family
dwelling is situated on a different lot or parcel from the accessory dwelling unit.
2 Alter, renovate or remodel the accessory dwelling unit so that the square footage of the
accessory dwelling unit is more than 120 percent of the historic home's square footage at
the time construction of the new single-family dwelling commenced.
3 Rebuild the accessory dwelling unit if the structure is lost to fire.
4 Construct an additional accessory_ dwelling unit on the same lot or parcel.
5 A new single-family dwelling constructed under this section may be required to be served
by the same water supply source as the accessory dwelling unit.
(Ord. 2018-006 §15, 2018)
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Chapter 18.124. SITE PLAN REVIEW
18.124.060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural environment and existing
development, minimizing visual impacts and preserving natural features including views and
topographical features.
B. The landscape and existing topography shall be preserved to the greatest extent possible, considering
development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall
be protected.
C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities
for privacy and transition from public to private spaces.
D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for
wheelchairs and Braille signs.
E. The location and number of points of access to the site, interior circulation patterns, separations between
pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings
and structures shall be harmonious with proposed and neighboring buildings and structures.
F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets,
or surface and subsurface water quality.
G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires,
and the like), loading and parking and similar accessory areas and structures shall be designed, located
and buffered or screened to minimize adverse impacts on the site and neighboring properties.
H. All above -ground utility installations shall be located to minimize adverse visual impacts on the site and
neighboring properties.
I. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks,
etc.'
J. All exterior lighting shall be shielded so that direct light does not project off-site.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight distance, turn and
acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and
pedestrian connections, shall be identified.
2. Mitigation for transportation -related impacts shall be required.
3. Mitigation shall meet applicable County standards in DCC 17.16 and DDG 17.4818.116.310,
applicable Oregon Department of Transportation (ODOT) mobility and access standards, and
applicable American Association of State Highway and Transportation Officials (AASHTO)
standards.
(Ord. 2018-006 X16, 2018; Ord. 2010-018 §2, 2010, Ord. 93-043 §§21, 22 and 22A, 1993; Ord. 91-038 §1,
1991; Ord. 91-020 §1, 1991)
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Chapter 18.128. CONDITIONAL USE
18.128.340. Wireless Telecommunications Facilities.
An application for a conditional use permit for a wireless telecommunications facility or its equivalent
in the 0ZU-forest; or Surface Mining Zones shall comply with the applicable standards, setbacks
and criteria of the base zone and any combining zone and the following requirements. Site plan review
under DCC 18.124 including site plan review for a use that would otherwise require site plan review
under DCC 18.84 shall not be required.
(Ord. 2018-006 §17, 2018; Ord. 2010-011 §2, Ord. 2000-019 §2, 2000; Ord. 97-063 §2, 1997; Ord.
97-017 §8,1997)
18.128.360. Guest Ranch.
A guest ranch established under DCC 18.16.037 shall meet the following conditions:
A. Except as provided in DCC 18.128.360(C), the guest lodging units cumulatively shall:
1. Include not less than four nor more than 10 overnight guest lodging units, and;
2. Not exceed a total of 12,000 square feet in floor area, not counting the floor area of the lodge
that is dedicated to kitchen area, rest rooms, storage or other shared or common indoor space.
B. The guest ranch shall be located on a lawfully established unit of land that:
1. Is at least 160 acres in size;
2. Contains the dwelling of the person conducting the livestock operation; and
3. Is not classified as high value farmland as defined in DCC 18.04.030.
C. For every increment of 160 acres that the lawfully established unit of land on which the guest
ranch is located exceeds the minimum 160 -acre requirement described under DCC
18.128.360(B), up to five additional overnight guest lodging units not exceeding a total of 6,000
square feet of floor area may be included in the guest ranch for a total of not more than 25 guest
lodging units and 30,000 square feet of floor area.
D. A guest ranch may provide recreational activities in conjunction with the livestock operation's
natural setting, including but not limited to hunting, fishing, hiking, biking, horseback riding and
swimming. Intensively developed recreational facilities including golf courses or campgrounds
identified in DCC 18.16.030 through 18.16.033, shall not be allowed in conjunction with a guest
ranch, and a guest ranch shall not be allowed in conjunction with an existing golf course or with
an existing campground.
E. Food services shall be incidental to the operation of the guest ranch and shall be provided only
for the guests of the guest ranch, individuals accompanying the guests, and individuals attending
a special event at the guest ranch.
1. The cost of meals, if any, may be included in the fee to visit or stay at the guest ranch.
2. The sale of individual meals to persons who are not guests of the guest ranch, an individual
accompanying a guest, or an individual attending a special event at the guest ranch shall not be
allowed.
F. The exterior of the buildings shall maintain a residential appearance.
G. To promote privacy and preserve the integrity of the natural setting, guest ranches shall retain
existing vegetation around the guest lodging structure.
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H. All lighting shall be shielded and directed downward in accordance with DCC 15. 10, Outdoor
Lighting Control.
I. Signage shall be restricted to one sign no greater than 20 square feet, nonilluminated and posted
at the entrance to the property.
J. Occupancies shall be limited to not more than 30 days.
K. The guest ranch shall be operated in a way that will protect neighbors from unreasonable
disturbance from noise, dust, traffic or trespass.
L. One off-street parking space shall be provided for each guestroom in addition to parking to serve
the residents.
M. Any conversion or alterations to properties designated as historic landmarks shall be approved
by the Deschutes County Historical Landmarks Commission.
(Ord. 2010-022 §3, 2010; Ord. 2004-020 §2, 2004; Ord. 2004-001 §3, 2004; Ord. 2001-043 §1, 2001;
Ord. 98-056 §2,1998)
Note: DCC 18.128.360 is repealed januafy 2,2April 15, 2020 (Ord. 2018-006 §17, 2018; Ord.
2010-022 §3, 2010).
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Chapter 22.24. LAND USE ACTION HEARINGS
22.24.160. Reopening the Record.
A. The Hearings Body may at its discretion reopen the record, either upon request or on its own initiative.
The Hearings Body shall not reopen the record at the request of an applicant unless the applicant has
agreed in writing to an extension or a waiver of the 150 -day time limit.
B. Procedures.
1. Except as otherwise provided for in DCC 22.24.160, the manner of testimony (whether oral or
written) and time limits for testimony to be offered upon reopening of the record shall be at the
discretion hof the Hearings Body.
2. The Hearings Body shall give written notice to the parties that the record is being reopened, stating
the reason for reopening the record and how parties can respond. The parties shall be allowed to raise
new issues that relate to the new evidence, testimony or criteria for decision-making that apply to the
matter at issue.
(Ord. 2018-006 § 18, 2018; Ord. 99-031 § 10, 1999; Ord. 96-071 § 1 D, 1996; Ord. 95-045 §21, 1995)
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Chapter 22.28. LAND USE ACTION DECISIONS
22.28.070. Compliance with ORS 215.418.
A. Final approval of any activity referred to in ORS 215.418(1) regarding state -identified wetlands must
include the notice statements required by ORS 215.418(3).
B. Individual notice to the applicant and the owner of record consistent with ORS 215.418(5) shall be
provided, unless notice in the written decision notice satisfies that requirement.
C. Failure of the County to provide notice as required in DCC 22.28.070 shall not invalidate county approval.
D. DCC 22.28.070 shall not become operative until the Division -Department of State Lands makes available
to the County a copy of the applicable portion of the Statewide Wetland Inventory.
(Ord. 2018-006 §19, 2018; Ord. 90-007 §1, 1990)
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FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. PROPOSAL: The Planning Division determined minor changes were necessary to clarify
existing standards and procedural requirements, incorporate changes to state law, and
correct errors found in various sections of the Deschutes County Code (DCC). Staff initiated
the proposed changes and notified the Oregon Department of Land Conservation and
Development.
111. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: This criterion will be met because a public hearing will be held before the Deschutes
County Planning Commission and Board of County Commissioners.
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 will be met by notice being published in the Bend Bulletin newspaper.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director
and where necessary to comply with ORS 203.045.
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FINDING: This criterion will be met when notice is 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
22.0&010(A), shall be provided at the discretion of the Planning Director, except
as required by ORS 215.503.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice will be provided to the County public information official for wider media
distribution. 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. 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.
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: These criteria will be met.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247 -18 -000432 -TA will be
implemented by ordinances upon approval and adoption by the Board. This criterion will be met.
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IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the referenced ordinance attached hereto with
additional text identified by underline and deleted text by strikethre g . Below are explanations of
the proposed changes.
A. Title 17. Subdivisions:
Chapter 17.24 FINAL PLAT
Section 17.24.110. Conditions of Approval
Section 17.24.120. Improvement Agreement
DCC 17.24.110(A) and 17.24.120(A) each contain a scrivener's error (the words "plan" and "one,"
respectively). The proposed amendment corrects these errors.
B. Title 18, County Zoning:
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
Section 18.04.030. Definitions.
DCC 18.04.030 defines "agricultural land" by referring to the U.S. Soil Conservation Service (SCS);
the proposed amendment changes this reference to the U.S. Natural Resources Conservation
Service (NRCS) in order to be consistent with OAR/ORS.
DCC 18.04.030 currently omits a definition for "vacation trailer." However, the definitions for
"trailer" and "travel trailer" both contain references to "vacation trailer." The proposed
amendment reinstates the definition of "vacation trailer" from previous versions of the code in
order for the reference to be complete.
Chapter 18.16 EXCLUSIVE FARM USE ZONES
Table of Contents
The Table of Contents for Chapter 18.16 contains an older title for section 18.16.025. In
examining the ordinance history for this section, it was determined that the correct section title
is the one used in the section itself, which was changed in Ordinance 2012-004. The proposed
amendment replaces the outdated title in the Table of Contents with the correct section title.
Section 18.16.020. Uses Permitted Outright
DCC 18.16.020(N) discusses the onsite treatment of septage prior to the land application of
biosolids. Amendments in 2018 to Oregon Administrative Rule (OAR) 660-033-0120 and OAR
660-033-0130 further refine the standards for onsite treatment of septage prior to the land
application of biosolids. The proposed amendment adds these standards to reflect the change.
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Section 18.16.030. Conditional Uses Permitted - High -Value and Non -High Value Farmland
DCC 18.16.030(DD) defines criteria for photovoltaic solar power generation facilities on both
high- and non -high-value farmland. ORS 215.447 provides additional provisions for photovoltaic
solar power generation facilities in high-value farmland only. The proposed amendment
includes these additional provisions.
DCC 18.16.030(FF) has been added to this section pursuant to recent amendments to ORS
215.213. This amendment allows equine -related therapeutic and counseling activities in an EFU
zone. The proposed amendment adds this use and its conditions as defined in ORS 215.213.
Section 18.16.037. Guest Ranch
DCC 18.16.037 defines criteria for guest ranches in the EFU zone. Previously, this chapter was
due to sunset in 2012, and then in 2018; however, in 2018, Oregon HB 4031 extended this sunset
date to April 15, 2020. The proposed amendment reflects this change.
Section 18.16.040. Limitations on Conditional Uses
DCC 18.16.040(C) contains a reference to section 18.16.030(L); the correct reference should be
to 18.16.030(K). The proposed amendment corrects this error.
DCC 18.16.040(E) contains a reference to section 18.16.030(M); the correct reference should be
to 18.16.030M. The proposed amendment corrects this error.
Section 18.16.050. Standards for Dwellings in the EFU Zones
DCC 18.16.050(A)(3)(a)(i) outlines the criteria for the gross annual income test to allow a dwelling
on non -high-value farmland. The code currently requires a gross annual income of at least
$32,500. However, OAR 660-033-0135(3) currently requires a gross annual income of $40,000.
The proposed amendment changes the income requirement to reflect the requirements in OAR
660-033-0135(3), and changes an additional reference to the gross annual income text in DCC
18.16.050(C)(2)(a), Accessory Dwelling.
DCC 18.16.050(G)(3) contains an outdated reference to DCC 18.16.050(1)(2), Wildlife
Conservation Plan Dwelling, which no longer exists. The proposed amendment removes this
reference. In addition, this section contains outdated references to ORS 308A.068, 321.352,
321.730 or 321.815. The proposed amendment corrects these references to reflect those in
ORS 215.236.
DCC 18.16.050(H)(1)(a) describes the conditions in which a temporary hardship dwelling is
allowed in the EFU zone. DCC 18.116.090(A) had previously been changed to allow an
existing building to be used for a medical hardship dwelling in the EFU and Forest zones
only. However, medical hardship dwellings for the EFU zone are defined in its own section,
PAGE 4 OF 9 — EXHIBIT S TO ORDINANCE NO. 2018-006
not in DCC 18.116.090(A). The proposed amendment modifies DCC 18.16.050(H)(1)(a) to
allow medical hardship dwellings in existing buildings, as described in DCC 18.116.090(A).
Chapter 18.36. FOREST USE ZONE - F-1
Section 18.36.030. Conditional Uses Permitted
DCC 18.32.030(X) defines the type of building that can be used for a temporary medical hardship.
DCC 18.116.090(A) had previously been changed to allow an existing building to be used for
a medical hardship dwelling in the EFU and Forest zones only, but it was not reflected in this
chapter. The proposed amendment modifies DCC 18.36.030(X) to allow medical hardship
dwellings in existing buildings, as described in DCC 18.116.090(A).
Section 18.36.040. Limitations on Conditional Uses
DCC 18.36.040(C) defines the uses under which the landowner must sign and record a written
statement recognizing the rights of adjacent and nearby landowners to conduct forest
operations consistent with the Forest Practices Act and Rules. However, it omits single-family
dwelling uses in this list. OAR 660-006-0029, Siting Standards for Dwellings and Structures in
Forest Zones, does include single family residential uses. The proposed amendment adds single-
family residential uses to this list to reflect Oregon Administrative Rule.
Chapter 18.40. FOREST USE ZONE - F-2
Section 18.40.030. Conditional Uses Permitted
DCC 18.40.030(Z) defines the type of building that can be used for a temporary medical hardship.
DCC 18.116.090(A) had previously been changed to allow an existing building to be used for
a medical hardship dwelling in the EFU and Forest zones only, but it was not reflected in this
chapter. The proposed amendment modifies DCC 18.40.030(2) to allow medical hardship
dwellings in existing buildings, as described in DCC 18.116.090(A).
Section 18.40.040. Limitations on Conditional Uses
DCC 18.40.040(C) defines the uses under which the landowner must sign and record a written
statement recognizing the rights of adjacent and nearby landowners to conduct forest
operations consistent with the Forest Practices Act and Rules. However, it omits single-family
dwelling uses in this list. OAR 660-006-0029, Siting Standards for Dwellings and Structures in
Forest Zones, does include single family residential uses. The proposed amendment adds single-
family residential uses to this list to reflect Oregon Administrative Rule.
Section 18.40.050. Standards for Single -Family Dwellings
DCC 18.40.050(D)(1) and (2) describe the requirements for a single-family template dwelling in a
forest zone. However, these sections do not accurately reflect the current requirements listed
in OAR 660-006-027(5). The proposed amendment revises these sections to accurately reflect
the requirements set forth in OAR 660-006-027(5).
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Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE
Section 18.65.020. RSC - Commercial/Mixed Use District (Brothers, Hampton, Millican,
Whistlestop and Wildhunt)
DCC 18.65.020(E)(2) describes the lot requirements that are to be applied to Brothers, Hampton,
Millican, Whistlestop and Wildhunt. However, DCC 18.65.020(E)(2)(b) notes requirements for
Alfalfa, when in fact Alfalfa has its own section below. The proposed amendment removes the
reference to Alfalfa from this section and places it in DCC 18.65.021.
Section 18.65.021. Alfalfa RSC - Commercial/Mixed Use District
DCC 18.65.021 contains a scrivener's error in the section number, appearing as "18.65.21." The
proposed amendment fixes this error, adding a zero into the section number.
DCC 18.65.021(A), (B) and (C) define uses by referring to the code section pertaining to
Brothers, Hampton, Millican, Whistlestop and Wildhunt (DCC18.65.020), with several use
exceptions. For clarity, permitted and conditional uses have been listed individually rather than
referring the reader to another section.
DCC 18.65.021 previously did not contain sections for yard and setback requirements or for lot
requirements. It was determined that this was likely an inadvertent omission. The proposed
amendment adds section 18.65.021(D), Yard and Setback Requirements, utilizing the
standards from DCC 18.65.020 as done in DCC 18.65.021(A), (B) and (C). In addition, the
proposed amendment adds section 18.65.021(E), Lot Requirements, populated with the text
that was removed from 18.65.020(E)(2).
Chapter 18.76. AIRPORT DEVELOPMENT ZONE - A -D
Section 18.76.100. Design and Use Criteria
DCC 18.76.100(A) describes the conditions required for approval of a conditional use, and refers
to the Comprehensive Plan and the 1994 Bend Airport Master Plan as amended in 2002. For
clarity, the proposed amendment changes the reference to the "current version of the adopted
Bend Airport Master Plan." (See Exhibit 1)
Chapter 18.80. AIRPORT SAFETY COMBINING ZONE - AS
Section 18.80.022. Definitions
Section 18.80.044. Land Use Compatibility
DCC 18.80.022(G) and 18.80.044(A) contain references to "Ldn" and "DNL" (Average Day -Night
Sound Level) when referring to noise levels in airport areas; however, the code defines only DNL.
While both abbreviations are generally used interchangeably, the proposed amendment
changes instances of "Ldn" to "DNL" for purposes of clarification.
PAGE 6 OF 9—EXHIBITS TO ORDINANCE NO. 2018-006
Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE
Section 18.84.080. Design Review Standards
DCC 18.84.0800) contains a scrivener's error in referring to the definition of "conservation
easement." The proposed amendment corrects this area to provide reference to the correct
section.
Chapter 18.100. RURAL INDUSTRIAL ZONE - R-1
Section 18.100.020. Conditional Uses
DCC 18.100.020(1) contains an erroneous section reference when referring to uses permitted
outright in DCC 18.100.020. The proposed amendment corrects this reference to the
appropriate subsection, DCC 18.100.010.
Section 18.100.030. Use Limitations
DCC 18.100.030(E), (F), (G), and (H) all contain the same scrivener's error when referring to
Sections 18.100.010 or 18.100.020, utilizing an incorrect numbering convention. The proposed
amendment corrects the references in each of these sections to "DCC 18.100.010 or 18.100.020."
Section 18.100.040. Dimensional Standards
DCC 18.100.040(B) refers to the section on conditional uses by the incorrect section number.
The proposed amendment corrects this error.
DCC 18.100.040(E) refers to setback requirements, but references two sections that do not exist
in County Code. The proposed amendment corrects this reference to the appropriate
subsection, DCC 18.100.070(A).
Section 18.100.070. Additional Requirements
DCC 18.100.070 contains a scrivener's error in the section number, appearing as 18.100.70."
The proposed amendment fixes this error, adding a zero into the section number.
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Table of Contents
The proposed amendment adds a new subsection to the end of the Table of Contents, Accessory
Dwelling Units in RR10 and MUA Zones (see below for description of section).
Section 18.116.180. Building Setbacks for the Protection of Solar Access
DCC 18.116.180(B)(5)(c)(i) refers to the requirements for obtaining a variance if said variance will
result in the shading of property other than the property for which the variance is sought. The
section contains an error in the reference to the section describing the required findings by the
PAGE 7 OF 9 — EXHIBITS TO ORDINANCE NO. 2018-006
Planning Director or Hearings Body. The proposed amendment corrects the reference to the
appropriate subsection, DCC 18.116.180(B)(5)(b)(i) and (ii).
Chapter 18.124. SITE PLAN REVIEW
Section 18.124.060. Approval Criteria
DCC 18.124.060(K)(3) notes the County standards for the mitigation of transportation -related
impacts, but the reference to the section of code is outdated. The proper reference should be
to DCC 18.116.310, Traffic Impact Studies. This reference is the same as in DCC 18.124.080. The
proposed amendment corrects the reference error.
Chapter 18.128. CONDITIONAL USE
Section 18.128.340. Wireless Telecommunications Facilities
DCC 18.128.340 outlines the application process for a conditional use permit for a wireless
telecommunications facility in the EFU, Forest, or Surface Mining zones. However, the EFU zone
no longer classifies wireless telecommunications facilities as a conditional use; instead it is
reviewed as an Administrative Determination. Therefore DCC 18.128.340 should not refer to EFU
in the list of zones requiring conditional use permits. The proposed amendment removes the
EFU zone from the section.
Section 18.128.360. Guest Ranch
DCC 18.128.360 defines criteria for guest ranches as a conditional use. Previously, this section
was due to sunset in 2012, and then in 2018; however, in 2018, Oregon HB 4031 extended this
sunset date to April 15, 2020. The proposed amendment reflects this change.
C Title 22 Deschutes County Development Procedures Ordinances:
Chapter 22.24. LAND USE ACTION HEARINGS
Section 22.24.160. Reopening the Record
DCC 22.24.160(B)(1) contains a scrivener's error, referring to "...the discretion at the Hearings
Body." The proposed amendment corrects this error to "...of the Hearings Body."
Chapter 22.28. LAND USE ACTION DECISIONS
Section 22.28.070. Compliance with ORS 215.418
DCC 22.28.070(D) contains a reference to the "Division of State Lands." The correct name is the
Department of State Lands. The proposed amendment corrects this error.
D Title 23 Deschutes County Comprehensive Plan
Chapter 5, SUPPLEMENTAL SECTIONS
Table 5.8.2. Deschutes County Non -Significant Mining Mineral and Aggregate Inventory
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Table 5.8.2 of the Comprehensive Plan contains two tax lot number errors for Sites 100 and 101.
The proposed amendment corrects the errors.
Section 5.9, Goal 5 Inventory, Cultural and Historic Resources
Item 12 in the inventory of cultural and historic resources is the Cline Falls Power Plant. Per a
land use decision and demolition permit issued by the Deschutes County Historic Landmarks
Commission in 2016, the plant is no longer in existence. The proposed amendment removes it
from the list, as well as renumbers all subsequent items in the list.
Item 12 (formerly item 13, per above renumbering) refers to the Cloverdale School as a "one -
room school building," when it in fact contains several rooms. The proposed amendment
removes the words 'one room" from the item.
Item 20 (formerly Item 21) of the inventory of cultural and historic resources contains a
reference to an outdated tax lot number for the Lynch and Roberts Store Advertisement. The
proposed amendment provides the correct number.
E. Deschutes County Zoning Map
As part of a 2016 hearing requesting approval of a minor partition of 18500 Bull Springs Road,
Bend. from one property into three smaller parcels (File Number 247 -15 -000668 -MP), it was
determined that a 0.78 -acre portion of the site that was zoned RR -10 should in fact have been
zoned F-1. This change was granted, citing DCC 18.12.040(C), Zone Boundaries. However, this
was never noted on the county zoning map. The proposed amendment modifies the zoning map
to reflect the change from the RR -10 zone to the F-1 zone.
V. CONCLUSION:
Based on the information provided herein, the staff recommends the Board of County
Commissioners approve the proposed text amendments that make minor changes necessary to
clarify existing standards and procedural requirements, incorporate changes to state law, and to
correct errors.
PAGE 9 OF 9 — EXHIBIT S TO ORDINANCE NO. 2018-006
Map Symbols
Bend City Limit
j 1 Subject Property 17-11-00-00-02735
Zoning
F1 - Forest Use 1
F2 - Forest Use 2
OS&C - Open Space And Conservation
RR10 -Rural Residential
SM - Surface Mining
UAR10 - Urban Area Reserve 10 Acre Minimum
PROPOSED ZONING MAP
Todd & Lord Taylor
18550 Bull Springs Rd, Bend
Exhibit 'T"
to Ordinance 2018-006 §20, 2018
t
200 400 800
Feet
June 7, 2018
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Anthony DeBone, Chair
Phil Henderson, Vice -Chair
Tammy Baney, Commissioner
ATTEST: Recording Secretary
Dated this day of July, 2018
Effective Date: 2018
FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. PROPOSAL: The Planning Division determined minor changes were necessary to clarify
existing standards and procedural requirements, incorporate changes to state law, and
correct errors found in various sections of the Deschutes County Code (DCC). Staff initiated
the proposed changes and notified the Oregon Department of Land Conservation and
Development.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: This criterion will be met because a public hearing will be held before the Deschutes
County Planning Commission and Board of County Commissioners.
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 will be met by notice being published in the Bend Bulletin newspaper.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director
and where necessary to comply with ORS 203.045.
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FINDING: This criterion will be met when notice is 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.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice will be provided to the County public information official for wider media
distribution. 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. 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.
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: These criteria will be met.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247 -18 -000432 -TA will be
implemented by ordinances upon approval and adoption by the Board. This criterion will be met.
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IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the referenced ordinance attached hereto with
additional text identified by underline and deleted text by strikethre gh. Below are explanations of
the proposed changes.
A. Title 17, Subdivisions:
Chapter 17.24 FINAL PLAT
Section 17.24.110. Conditions of Approval
Section 17.24.120. Improvement Agreement
DCC 17.24.110(A) and 17.24.120(A) each contain a scrivener's error (the words "plan" and "one,"
respectively). The proposed amendment corrects these errors.
B. Title 18, County Zoning:
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
Section 18.04.030. Definitions.
DCC 18.04.030 defines "agricultural land" by referring to the U.S. Soil Conservation Service (SCS);
the proposed amendment changes this reference to the U.S. Natural Resources Conservation
Service (NRCS) in order to be consistent with OAR/ORS.
DCC 18.04.030 currently omits a definition for "vacation trailer." However, the definitions for
"trailer" and "travel trailer" both contain references to "vacation trailer." The proposed
amendment reinstates the definition of "vacation trailer" from previous versions of the code in
order for the reference to be complete.
Chapter 18.16 EXCLUSIVE FARM USE ZONES
Table of Contents
The Table of Contents for Chapter 18.16 contains an older title for section 18.16.025. In
examining the ordinance history for this section, it was determined that the correct section title
is the one used in the section itself, which was changed in Ordinance 2012-004. The proposed
amendment replaces the outdated title in the Table of Contents with the correct section title.
Section 18.16.020. Uses Permitted Outright
DCC 18.16.020(N) discusses the onsite treatment of septage prior to the land application of
biosolids. Amendments in 2018 to Oregon Administrative Rule (OAR) 660-033-0120 and OAR
660-033-0130 further refine the standards for onsite treatment of septage prior to the land
application of biosolids. The proposed amendment adds these standards to reflect the change.
PAGE 3 OF 10 — EXHIBIT U TO ORDINANCE NO. 2018-006
Section 18.16.030. Conditional Uses Permitted - High -Value and Non -High Value Farmland
DCC 18.16.030(DD) defines criteria for photovoltaic solar power generation facilities on both
high- and non -high-value farmland. ORS 215.447 provides additional provisions for photovoltaic
solar power generation facilities in high-value farmland only. The proposed amendment
includes these additional provisions.
DCC 18.16.030(FF) has been added to this section pursuant to recent amendments to ORS
215.213. This amendment allows equine -related therapeutic and counseling activities in an EFU
zone. The proposed amendment adds this use and its conditions as defined in ORS 215.213.
Section 18.16.037. Guest Ranch
DCC 18.16.037 defines criteria for guest ranches in the EFU zone. Previously, this chapter was
due to sunset in 2012, and then in 2018; however, in 2018, Oregon HB 4031 extended this sunset
date to April 15, 2020. The proposed amendment reflects this change.
Section 18.16.040. Limitations on Conditional Uses
DCC 18.16.040(C) contains a reference to section 18.16.030(L); the correct reference should be
to 18.16.030(K). The proposed amendment corrects this error.
DCC 18.16.040(E) contains a reference to section 18.16.030(M); the correct reference should be
to 18.16.030(L). The proposed amendment corrects this error.
Section 18.16.050. Standards for Dwellings in the EFU Zones
DCC 18.16.050(A)(3)(a)(i) outlines the criteria for the gross annual income test to allow a dwelling
on non -high-value farmland. The code currently requires a gross annual income of at least
$32,500. However, OAR 660-033-0135(3) currently requires a gross annual income of $40,000.
The proposed amendment changes the income requirement to reflect the requirements in OAR
660-033-0135(3), and changes an additional reference to the gross annual income text in DCC
18.16.050(C)(2)(a), Accessory Dwelling.
DCC 18.16.050(G)(3) contains an outdated reference to DCC 18.16.050(1)(2), Wildlife
Conservation Plan Dwelling, which no longer exists. The proposed amendment removes this
reference. In addition, this section contains outdated references to ORS 308A.068, 321.352,
321.730 or 321.815. The proposed amendment corrects these references to reflect those in
ORS 215.236.
DCC 18.16.050(H)(1)(a) describes the conditions in which a temporary hardship dwelling is
allowed in the EFU zone. DCC 18.116.090(A) had previously been changed to allow an
existing building to be used for a medical hardship dwelling in the EFU and Forest zones
only. However, medical hardship dwellings for the EFU zone are defined in its own section,
PAGE 4 OF 10 — EXHIBIT U TO ORDINANCE NO. 2018-006
not in DCC 18.116.090(A). The proposed amendment modifies DCC 18.16.050(H)(1)(a) to
allow medical hardship dwellings in existing buildings, as described in DCC 18.116.090(A).
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA
Section 18.32.020. Uses Permitted Outright
DCC 18.32.020 describes the uses permitted outright in the MUA zone. Per 2017 Oregon HB
3012, the owner of a lot or parcel of at least two acres zoned for rural residential uses is now
allowed to construct a new single-family dwelling on a lot or parcel if the owner converts an
existing historic home to accessory dwelling unit. The proposed amendment adds accessory
dwelling units as a use permitted outright, subject to the conditions in DCC 18.116.350.
Chapter 18.36. FOREST USE ZONE - F-1
Section 18.36.030. Conditional Uses Permitted
DCC 18.32.030(X) defines the type of building that can be used for a temporary medical hardship.
DCC 18.116.090(A) had previously been changed to allow an existing building to be used for
a medical hardship dwelling in the EFU and Forest zones only, but it was not reflected in this
chapter. The proposed amendment modifies DCC 18.36.030(X) to allow medical hardship
dwellings in existing buildings, as described in DCC 18.116.090(A).
Section 18.36.040. Limitations on Conditional Uses
nr'r 1 R qA nen((-) riefines the ices under which the Iandnwner must si¢n and record a written
statement recognizing the rights of adjacent and nearby landowners to conduct forest
operations consistent with the Forest Practices Act and Rules. However, it omits single-family
dwelling uses in this list. OAR 660-006-0029, Siting Standards for Dwellings and Structures in
Forest Zones, does include single family residential uses. The proposed amendment adds single-
family residential uses to this list to reflect Oregon Administrative Rule.
Chapter 18.40. FOREST USE ZONE - F-2
Section 18.40.030. Conditional Uses Permitted
DCC 18.40.030(Z) defines the type of building that can be used for a temporary medical hardship.
DCC 18.116.090(A) had previously been changed to allow an existing building to be used for
a medical hardship dwelling in the EFU and Forest zones only, but it was not reflected in this
chapter. The proposed amendment modifies DCC 18.40.030(Z) to allow medical hardship
dwellings in existing buildings, as described in DCC 18.116.090(A).
Section 18.40.040. Limitations on Conditional Uses
DCC 18.40.040(C) defines the uses under which the landowner must sign and record a written
statement recognizing the rights of adjacent and nearby landowners to conduct forest
operations consistent with the Forest Practices Act and Rules. However, it omits single-family
dwelling uses in this list. OAR 660-006-0029, Siting Standards for Dwellings and Structures in
PAGE 5 OF 10 - EXHIBIT U TO ORDINANCE NO. 2018-006
Forest Zones, does include single family residential uses. The proposed amendment adds single-
family residential uses to this list to reflect Oregon Administrative Rule.
Section 18.40.050. Standards for Single -Family Dwellings
DCC 18.40.050(D)(1) and (2) describe the requirements for a single-family template dwelling in a
forest zone. However, these sections do not accurately reflect the current requirements listed
in OAR 660-006-027(5). The proposed amendment revises these sections to accurately reflect
the requirements set forth in OAR 660-006-027(5).
Chapter 18.60. RURAL RESIDENTIAL ZONE - RR -10
Section 18.60.020. Uses Permitted Outright
DCC 18.60.020 describes the uses permitted outright in the RR -10 zone. Per 2017 Oregon HB
3012, the owner of a lot or parcel of at least two acres zoned for rural residential uses is now
allowed to construct a new single-family dwelling on a lot or parcel if the owner converts an
existing historic home to accessory dwelling unit. The proposed amendment adds accessory
dwelling units as a use permitted outright, subject to the conditions in DCC 18.116.350.
Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE
Section 18.65.020. RSC - Commercial/Mixed Use District (Brothers, Hampton, Millican,
Whistlestop and Wildhunt)
DCC 18.65.020(E)(2) describes the lot requirements that are to be applied to Brothers, Hampton,
Millican, Whistlestop and Wildhunt. However, DCC 18.65.020(E)(2)(b) notes requirements for
Alfalfa, when in fact Alfalfa has its own section below. The proposed amendment removes the
reference to Alfalfa from this section and places it in DCC 18.65.021.
Section 18.65.021. Alfalfa RSC - Commercial/Mixed Use District
DCC 18.65.021 contains a scrivener's error in the section number, appearing as 18.65.21." The
proposed amendment fixes this error, adding a zero into the section number.
DCC 18.65.021(A), (B) and (C) define uses by referring to the code section pertaining to
Brothers, Hampton, Millican, Whistlestop and Wildhunt (DCC18.65.020), with several use
exceptions. For clarity, permitted and conditional uses have been listed individually rather than
referring the reader to another section.
DCC 18.65.021 previously did not contain sections for yard and setback requirements or for lot
requirements. It was determined that this was likely an inadvertent omission. The proposed
amendment adds section 18.65.021(D), Yard and Setback Requirements, utilizing the
standards from DCC 18.65.020 as done in DCC 18.65.021(A), (B) and (C). In addition, the
proposed amendment adds section 18.65.021(E), Lot Requirements, populated with the text
that was removed from 18.65.020(E)(2).
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Chapter 18.76. AIRPORT DEVELOPMENT ZONE - A -D
Section 18.76.100. Design and Use Criteria
DCC 18.76.100(A) describes the conditions required for approval of a conditional use, and refers
to the Comprehensive Plan and the 1994 Bend Airport Master Plan as amended in 2002. For
clarity, the proposed amendment changes the reference to the "current version of the adopted
Bend Airport Master Plan." (See Exhibit 1)
Chapter 18.80. AIRPORT SAFETY COMBINING ZONE - AS
Section 18.80.022. Definitions
Section 18.80.044. Land Use Compatibility
DCC 18.80.022(G) and 18.80.044(A) contain references to "Ldn" and "DNL" (Average Day -Night
Sound Level) when referring to noise levels in airport areas; however, the code defines only DNL.
While both abbreviations are generally used interchangeably, the proposed amendment
changes instances of "Ldn" to "DNL" for purposes of clarification.
Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE
Section 18.84.080. Design Review Standards
DCC 18.84.0800) contains a scrivener's error in referring to the definition of "conservation
easement." The proposed amendment corrects this area to provide reference to the correct
section.
Chapter 18.100. RURAL INDUSTRIAL ZONE - R -I
Section 18.100.020. Conditional Uses
DCC 18.100.020(1) contains an erroneous section reference when referring to uses permitted
outright in DCC 18.100.020. The proposed amendment corrects this reference to the
appropriate subsection, DCC 18.100.010.
Section 18.100.030. Use Limitations
DCC 18.100.030(E), (F), (G), and (H) all contain the same scrivener's error when referring to
Sections 18.100.010 or 18.100.020, utilizing an incorrect numbering convention. The proposed
amendment corrects the references in each of these sections to "DCC 18.100.010 or 18.100.020."
Section 18.100.040. Dimensional Standards
DCC 18.100.040(B) refers to the section on conditional uses by the incorrect section number.
The proposed amendment corrects this error.
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DCC 18.100.040(E) refers to setback requirements, but references two sections that do not exist
in County Code. The proposed amendment corrects this reference to the appropriate
subsection, DCC 18.100.070(A).
Section 18.100.070. Additional Requirements
DCC 18.100.070 contains a scrivener's error in the section number, appearing as 18.100.70."
The proposed amendment fixes this error, adding a zero into the section number.
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Table of Contents
The proposed amendment adds a new subsection to the end of the Table of Contents, Accessory
Dwelling Units in RR10 and MUA Zones (see below for description of section).
Section 18.116.180. Building Setbacks for the Protection of Solar Access
DCC 18.116.180(13)(5)(c)(i) refers to the requirements for obtaining a variance if said variance will
result in the shading of property other than the property for which the variance is sought. The
section contains an error in the reference to the section describing the required findings by the
Planning Director or Hearings Body. The proposed amendment corrects the reference to the
appropriate subsection, DCC 18.116.180(B)(5)(b)(i) and (ii).
Section 18.116.350. Accessory Dwelling Units in RR10 and MUA Zones
Per 2017 Oregon HB 3012, the owner of a lot or parcel of at least two acres zoned for rural
residential uses is now allowed to construct a new single-family dwelling on a lot or parcel if the
owner converts an existing historic home to accessory dwelling unit. The proposed amendment
adds this new subsection to comply with HB 3012, allowing accessory dwelling units as a use
permitted outright in RR10 and MUA zones, and describing the requirements of this use.
Chapter 18.124. SITE PLAN REVIEW
Section 18.124.060. Approval Criteria
DCC 18.124.060(K)(3) notes the County standards for the mitigation of transportation -related
impacts, but the reference to the section of code is outdated. The proper reference should be
to DCC 18.116.310, Traffic Impact Studies. This reference is the same as in DCC 18.124.080. The
proposed amendment corrects the reference error.
Chapter 18.128. CONDITIONAL USE
Section 18.128.340. Wireless Telecommunications Facilities
DCC 18.128.340 outlines the application process for a conditional use permit for a wireless
telecommunications facility in the EFU, Forest, or Surface Mining zones. However, the EFU zone
no longer classifies wireless telecommunications facilities as a conditional use; instead it is
reviewed as an Administrative Determination. Therefore DCC 18.128.340 should not refer to EFU
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in the list of zones requiring conditional use permits. The proposed amendment removes the
EFU zone from the section.
Section 18.128.360. Guest Ranch
DCC 18.128.360 defines criteria for guest ranches as a conditional use. Previously, this section
was due to sunset in 2012, and then in 2018; however, in 2018, Oregon HB 4031 extended this
sunset date to April 15, 2020. The proposed amendment reflects this change.
C Title 22 Deschutes County Development Procedures Ordinances:
Chapter 22.24. LAND USE ACTION HEARINGS
Section 22.24.160. Reopening the Record
DCC 22.24.160(B)(1) contains a scrivener's error, referring to "...the discretion at the Hearings
Body." The proposed amendment corrects this error to "...of the Hearings Body."
Chapter 22.28. LAND USE ACTION DECISIONS
Section 22.28.070. Compliance with ORS 215.418
DCC 22.28.070(D) contains a reference to the "Division of State Lands." The correct name is the
Department of State Lands. The proposed amendment corrects this error.
D. Title 23 Deschutes County Comprehensive Plan
Chapter 5, SUPPLEMENTAL SECTIONS
Table 5.8.2. Deschutes County Non -Significant Mining Mineral and Aggregate Inventory
Table 5.8.2 of the Comprehensive Plan contains two tax lot number errors for Sites 100 and 101.
The proposed amendment corrects the errors.
Section 5.9, Goal 5 Inventory, Cultural and Historic Resources
Item 12 in the inventory of cultural and historic resources is the Cline Falls Power Plant. Per a
land use decision and demolition permit issued by the Deschutes County Historic Landmarks
Commission in 2016, the plant is no longer in existence. The proposed amendment removes it
from the list, as well as renumbers all subsequent items in the list.
Item 12 (formerly item 13, per above renumbering) refers to the Cloverdale School as a "one -
room school building," when it in fact contains several rooms. The proposed amendment
removes the words "one room" from the item.
Item 20 (formerly Item 21) of the inventory of cultural and historic resources contains a
reference to an outdated tax lot number for the Lynch and Roberts Store Advertisement. The
proposed amendment provides the correct number.
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E Deschutes County Zoning Map
As part of a 2016 hearing requesting approval of a minor partition of 18500 Bull Springs Road,
Bend, from one property into three smaller parcels (File Number 247 -15 -000668 -MP), it was
determined that a 0.78 -acre portion of the site that was zoned RR -10 should in fact have been
zoned F-1. This change was granted, citing DCC 18.12.040(C), Zone Boundaries. However, this
was never noted on the county zoning map. The proposed amendment modifies the zoning map
to reflect the change from the RR -10 zone to the F-1 zone.
V. CONCLUSION:
Based on the information provided herein, the staff recommends the Board of County
Commissioners approve the proposed text amendments that make minor changes necessary to
clarify existing standards and procedural requirements, incorporate changes to state law, and to
correct errors.
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