2020-182-Ordinance No. 2020-010 Recorded 6/8/2020VIEWED
YW
LEGAL COUNSEL
Recorded in Deschutes County
Nancy Blankenship, County Clerk
Commissioners' Journal
rFs-o�y< II�II�I
2020 182
CJ2020-182
06/08/2020 1:55:39 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning, and Title 19,
Bend Urban Area Zoning, to permit child care uses as * ORDINANCE NO. 2020-010
a use permitted outright subject to site plan review
and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-120-000245-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.04,
Title, Purpose, and Definitions; 18.65, Rural Service Center Zone; 18.66, Terrebonne Rural Community Zoning
Districts; 18.67, Tumalo Rural Community Zoning Districts; 18.74, Rural Commercial Zone; 18.116,
Supplementary Provisions; 18.128, Conditional Use; Title 19, Chapters 19.04, Title, Compliance, Applicability,
and Definitions; 19.20, Suburban Low Density Residential Zone; 19.28, Urban Standard Residential Zone; and
19.64, L191t Industrial Zone, to per1.11t ch11d care uses as "use permitted outright s'—b;ect to sate plan 1eI-11 1n
zones where child care uses were previously subject to a conditional use permit; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 14,
2020, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on June 3, 2020 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18, and 19;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04. Title, Purpose, and Definitions, is amended to read as described
in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stFi ��r:
Section 2. AMENDMENT. DCC 18.65. Rural Service Center Zone, is amended to read as described in
Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strike
PAGE 1 OF 3 - ORDINANCE NO. 2020-010
Section 3. AMENDMENT. DCC 18.66. Terrebonne Rural Community Zoning Districts, is amended to
read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in st ket- rough.
Section 4. AMENDMENT. DCC 18.67. Tumalo Rural Community Zoning Districts, is amended to read
as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stfik�r
Section 5. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in
Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language
to be deleted in strike+�rh..
Section 6. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in
Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language
to be deleted in str•
Section 7. AMENDMENT. DCC 18.128. Conditional Use, is amended to read as described in Exhibit
"G", attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethrough.
Section 8. AMENDMENT. DCC 19.04. Title, Compliance, Applicability, and Definitions, is amended
to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 9. AMENDMENT. DCC 19.20. Suburban Low Density Residential Zone, is amended to read as
described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined
anr� fan mia rta to }ia deletedill
Section 10. AMENDMENT. DCC 19.28. Urban Standard Residential Zone, is amended to read as
described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in stfike
Section 11. AMENDMENT. DCC 19.64. Light Industrial Zone, is amended to read as described in
Exhibit "K", attached hereto and by this reference incorporated. herein, with new language underlined and
language to be deleted in str-ilethfettgh.
Section 12. FINDINGS. The Board adopts as its findings, Exhibit "L" attached and incorporated by
reference herein.
PAGE 2 OF 3 - ORDINANCE NO. 2020-010
Section 13. EMERGENCY. This Ordinance being necessary to address a need for child care in
Deschutes County and for the immediate preservation of the public peace, health, safety, and welfare, an
emergency is declared to exist, and this Ordinance becomes effective thirty (30) days after adoption.
Dated this & of-ALA-Q-- , 2020
ATTEST:
t
ecording Se •etary
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
PATTI ADAIR,`C air p
ANTHONY DEBONE, Vice Chair
.'11111cx,�I
PHILIP G. HE ERSON
Date of 1" Reading: day of --1 � , 2020.
Date of 2" d Reading: day of 2020.
IN, U vi r- opt-ULlvii v vac.
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip G. Henderson
Effective date: day of , 2020.
PAGE 3 OF 3 - ORDINANCE NO. 2020-010
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.030. Definitions.
"Child care center"
------- ------------- -- -- ------------
"Family child care provider" means a child care provider who regularly provides child. care
- - - - - - - - - - -
"Nursery. day"
Chapter 18.04 1 (6/2020)
Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE
18.65.022. Residential District (Alfalfa).
18.65.022. Alfalfa RSC - Residential District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to
the applicable provisions of this chapter:
1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC 18.65.021(D), and
excluding livestock feed lot or sales yard, and hog or mink farms.
2. Single-family dwelling, or a manufactured home subject to DCC 18.116.070.
3. Two-family dwelling or duplex.
4. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120,050. V
5. Class I and 11 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.
6, Class III road or street project.
7. Type 1 Home Occupation, subject to DCC 18.116.280,
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted,
subject to the applicable provisions of this chapter, DCC 18.116. Supplementary Provisions, and DCC
18.124 Site Plan Review, of this title:
1. Park or playground.
2. Commnunity building.
Utility facility.
C. Conditional Uses Permitted The following uses and their accessory uses are permitted, subject to the
applicable 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. Schools.
2. Medical clinic or veterinary clinic.
Church.
_Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
,''Bed and breakfast inn.
Public use.
_Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
D. Yard and Setback Requirements.
1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street
right of way and 50 feet from an arterial right of way.
2. The minimum side yard setback shall be 10 feet.
3. The minimum rear yard setback shall be 20 feet.
E. Lot Requirements.
1. The minimum lot size is 5 acres.
2. The mini num average width of lots shall be 200 feet.
3. Each lot must be served by an on -site well.
4. 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.
5. 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
Chapter 18.65 1 (6i2020)
EXHIBIT B TO ORDINANCE NO. 2020-010
commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping,
parking, yard setbacks and any other elements under site plan review.
F. Limitations on uses — RSC-Residential District. The following limitation shall apply to uses permitted in
the RSC — Residential District:
1. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet.
The total number of all such animals (other than their young under the age of six months) shall be
limited to dne square footage of the lot divided by 20,000 square feet, which is the minimum area per
animal.
2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500
square feet of land.
3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent
lot.
( `' _Ord. 2004-002 §12, 2004:Ord. 2002-028 §1, 2002:Ord. 2002-002 §12002)
Chapter 18.65 2 (6!2020)
EXHIBIT B TO ORDINANCE NO.2020-010
Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
18.66.020. Residential (TeR) District.
18.66.030. Residential-5 (TeR5) Acre Minimum District.
18.66.040. Commercial (TeC) District.
18.66.020. Residential (TeR) District.
The Terrebonne Residential District allows a mixture of housing types and densities suited to the level of
available water and sewer facilities. The purpose of this district is to allow new residential development that
is compatible with the rural character of the area.
A. Permitted uses. The following uses and their accessory uses are permitted outright and do not require site
plan review:
I. Single-family dwelling or a manufactured home subject to DCC 18.1 I6.070.
2. T,,vo-fannily dwelling.V
3. Type 1 Home Occupation, subject to DCC 18.116,280,
4. Agricultural uses as defined in DCC 18.04. involving:
a. Keeping of cows. horses., goats, sheep or similar farm animals, provided that the total number of
such animals over the age of six months is limited to the square footage of the lot or parcel divided
by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such
animals over the age of six months does not exceed one for each 500 square feet of property.
5. Class I and II road orstreetproject subject to approval as part of a land partition. subdivision or
subject to the standards of DCC 18.66.070 and 18.116.230.
6. Class III road or street project.
7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC IS. 120.050.
B.
Conditional Uses. The Bollowing uses -and their accessory uses are permitted subject to the applicable
provisions of DCC 18.66, 18.116, 18.124 and I S.128:
1. Manufactured home park.
2. Multi -family dwelling complex.
3. Retirement center or nursing home.
4. Cluster development. v
5. Church.
6. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
=. Public or private school.
Park.
Public or semi-public building.
1 Utility facility.
1,_ Water supply or treatment facility.
Veterinary clinic.
13. Wireless teleconununications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
Chapter 18.66 1 (06/2020)
EXHIBIT C TO ORDINANTCE NO. 2020-010
14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material.
C. Lot Requirements.
1. Partitions:
a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community,
non -community or municipal water system and not served by a public sewer system, shall have
a minimum width of 150 feet with a mitimium parcel size of one acre.
b. Subject to DCC 17.36.170 parcels served by an approved conununity, non -community,
municipal or public water system, but not served by an approved public sewer system, shall have
minimum parcel sizes as follows:
i. For a single-family dwelling, a parcel shall have a minimum width of 100 feet and a
minimum parcel size of 22,000 square feet.
ii. For a two-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum
parcel size of 33,000 square feet.
c. For parcels served by an approved commumity, municipal or public water and sewer system, the
minimum parcel sizes shall be as follows:
i. For a single-family dwelling, the parcel shall have a minimum width of 75 feet and a
minimum parcel size of 7,500 square feet.
it. For a m o-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum
parcel size of 10,000 square feet.
2. Subdivisions:
a. For subdivisions involving multi -family dwellings, a manufactured home park, a retirement
center or a nursing home, all new lots shall be connected to a DEQ permitted wastewater pollution
control facility.
b. For subdivisions involving only single-family and two family dwellings the standards set forth in
DCC 18.66.020(C)(1) shall apply.
D. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property- fronting on a local road right-of-way,
30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on
an arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall
be a minimum of 15 feet, subject to DCC 18.66.020(D)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.020(D)(4).
4. Exception to Yard Standards. Any new stricture requiring a building permit on a lot or parcel
contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back
a minimum of 100 feet from the common property line.
5. In addition to the setbacks set forth herein, any greater setbacks required by applicable building
or structural codes adopted by the State of Oregon andlor the County under DCC 15.04 shall be
met.
_Ord. 2004-002 § 13. 2004; Ord. 97-063 §3, 1997: Ord. 97-003 §2, 1997)
18.66.030. Residential-5 Acre Minimum (TeR5) District.
The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural residential lots
where conninunity sewer and water are not available.
A. Permitted Uses. The following uses and their accessory- uses are permitted outright and do not require
site plan review:
1. Single-family dwelling or a manufactured home subject to DCC 18.116.070.
2. Two-family dwelling.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
Chapter 18.66 2 (0612020)
EXHIBIT C TO ORDINANCE NO.2020-010
4. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows. horses, goats, sheep or similar farm animals, provided that the total number of
such animals over the age of six months is limited to the square footage of the lot or parcel divided
by 20,O0O square feet.
b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided
that the total numbers of such animals does not exceed one for each 500 square feet of property.
5. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards of DCC 18.66,070 and 18.116.230.
6. Class III road or street project.
7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
B.
Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.116, 18.124 and 18.128:
1. Manufactured home park.
2. Multi -family dwelling complex.
3. Retirement center or nursing home.
4. Church.
5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
6. Public or private school.
Park.
. Public or semi-public building.
Utility facility.
1 ' Water supply or treatment facility.
11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(.A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material.
C. Lot Requirements. The minimum lot or parcel size in the TeR5 District is five acres regardless of the
availability of approved community, non -community, municipal, or public water system and public
sewer system.
D. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30
feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an
arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a
minimum of 15 feet, subject to DCC 18,66.030(D)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.030(D)(4).
4. Exception to Yard Standards. Any new structure requiring a builduig permit on a lot or parcel
adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a
minimum of 100 feet from the common property line.
5. 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 of shall be met.
Ord. 2004-002 § 14, 2004Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997)
Chapter 18.66 3 (06/2020)
EXHIBIT C TO ORDINANCE NO. 2020-010
18.66.040. Commercial (TeC) District.
The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses
to serve the community and surrounding rural area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require
site plan review:
1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997,
2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070,
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to die standards of DCC 18.66.070 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.66, 18.116 and 18.124:
1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination
of the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Offices.
d. Veterinary clinic and kennel entirely within an enclosed building.
e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1).
f. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at
the same location.
2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4.000 square feet of
floor area in a building or buildings, subject to provisions of DCC 18.66.040(E).
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Motel, with a maximum of 35 units, only if served by a conununity sewer system as defined in OAR
660-22-010(2).
2. Recreational vehicle park.
3. Church.
4. Type 2 or Type 3 Home Occupation, subject to DCC I8.116.280.
5. Public or private school.
Park.
Public or semi-public building.
Medical center in a building or buildings not exceeding 4,000 square feet of floor space.
Utility facility.
1+ Water supply or treatment facility.
1=_. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000
square feet of floor space.
L Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor
space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial
products:
a. Manufacturing and production.
b. Wholesale sales.
c. Mini -storage.
Chapter 18.66 & (06/2020)
EXHIBIT C TO ORDINANCE NO. 2020-010
13. Wireless telecormnunieations facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
1 Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material.
1 ;__. Marijuana processing, subject to the provisions of DCC 18.116.330,
1 Marijuana retailing, subject to the provisions of DCC 18.116.330.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(B) and
(C)
1. Sewer and Water Requirements. Applicant must obtain approval for an on -site sewage disposal
system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution
Control Facility (WPCF) permit before approval or as condition of approval of the land use pen -nit.
2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC
18.66.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area
exceeding 4,000 square feet if the Planning Director or Hearings Body fords:
a. The use is intended to serve the corninunity and surrounding rural area or the travel needs of
people passing through the area:
b. The use will primarily employ a work force from the community and surrounding rural area: and
c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet
or less.
2. For purposes of DCC 18.66.040. the surrounding rural area includes the area described by the
Terreborme zip code, which extends south to the boundary of the Redmond zip code, west to the
boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code
and north into Jefferson County to include Crooked River Ranch.
F. Design Standards.
Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial
buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13 ). The
provisions of DCC 18.124 also apply.
1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the
around level wall area. Ground level wall area includes all exterior wall area up to nine feet
above the finished grade. The window- requirement applies to the ground level of exterior building
walls that abut sidewalks or roads.
2. Required window areas shall be windows that allow views into either working areas, lobbies,
pedestrian entrances or display windows.
G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements
for on -site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be
created of less than a minimum of 10.000 square feet.
H. Dimensional Standards.
Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal
and landscaping are satisfied.
I. Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC
18.124.070(D)(3).
The street setback for buildings may be reduced, but not increased, to the average building setback
distance of existing buildings on adjoining lots.
2. Side Yard. No requirement. subject to DCC 18.66.040(I)(4).
3. Rear Yard. No specific requirements, subject to DCC 18.66.040(1)(4).
4. Exceptions to Yard Standards.
Chapter 18.66 5 (0612020)
EXHIBIT C TO ORDINANCE NO. 2020-010
a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on
a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common
property line. The required yard shall be increased by one foot for each foot by which the building
height exceeds 20 feet.
b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel
adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a
minimum of 100 feet from the comnnnon property line.
(E -==Ord. 2016-015 §5, 2016:Ord. 2015-004 §3, 2015:Ord. 2004-002 §15, 2004, Ord.
97-063 §3, 1997:Ord. 97-003 §2, 1997)
Chapter 18.66 6 (06/2020)
EXHIBIT C TO ORDINANCE NO. 2020-010
Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS
18.67.020. Residential (TuR) District.
18.67.030. Residential-5 Acre Minimum (TuR5) District.
18.67.040. Commercial (TuQ District.
18.67.020. Residential (TuR) District.
The Tumalo Residential (TuR) District allows a mixture of housing types and densities suited to the level of
available water and sewer facilities. The purpose of this district is to allow new residential development that
is compatible with the rural character of the area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require
site plan review.
1. Single-family dwelling, or a manufactured home subject to DCC 18.116.070.
2. Two-family dwelling.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC Title 18, involving:
a. Keeping of cows, horses, goats, sheep or similar farm animals. provided that the total number of
such animals over the age of six months is limited to one for each 20,000 square feet.
b. Keeping of chickens, fowl, rabbits or similar faun animals, provided that the total number of such
animals over the age of six months does not exceed one for each 500 square feet of property.
5. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards of DCC 18.67.080 and 18.116.230.
6. Class III road or street project.
7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120,050.
B.
Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.67. 18.116. 1 S.124. and 18.128:
1. Multi -family- dwelling complex.
2. Retirement center or nursing home.
3. Church.
4. Cemetery.
5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
Public or private school.
Park.
Public or semi-public building.
Utility facility.
1= Water supply or treatment facility-.
11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
1 Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material.
C. Lot Requirements.
1. Partitions:
Chapter 18.67 1 (06%2020)
EXHIBIT D TO ORDINANCE NO. 2020-010
a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community,
non-conummity or municipal water system shall have a minimum width of 150 feet with a
minimum parcel size of one acre.
b. Subject to DCC 17.36.170(A), parcels served by an approved community, non -community,
municipal or public water system, shall have a minimum parcel size as follows:
1. For a single-family dwelling the parcel shall have a minimum width of 100 feet and a
minimum parcel size of 22,000 square feet.
2. For a two-family dwelling the parcel shall have a minimum width of 100 feet and a minimum
parcel size of 33,000 square feet.
2. Subdivisions:
a. For subdivisions involving multi -family dwellings, a manufactured home park or a retirement
home, all new lots shall be connected to a DEQ-pennitted Wastewater Pollution Control Facility.
b. For subdivisions involving only single-family and hvo-family dwellings the standards set forth
in DCC 18.67.020(C)(1) shall apply.
D. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30
feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial
right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a
minimum of 15 feet, subject to DCC 18.67.020(D)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.020(1))(4).
4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel
contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a
minimum of 100 feet from the conmmon property line.
_Ord. 2004-002 S 17, 2004, Ord. 2001-039 §8. 2001; Ord. 2001-016 §12001,
Ord. 97-063 §3, 1997: Ord. 97-033 S2, 1997)
18.67.030. Residential-5 Acre Minimum (TURS) District.
The purpose of the Tumalo Residential-5 Acre Minimum District is to retain large rural residential lots.
A. Permitted Uses. The following uses acid their accessory uses are permitted outright and do not require
site plan review.
1. Single-family dwelling or a manufactured home subject to DCC 18.116.070.
2. Type I Home Occupation, subject to DCC 18.116.280.
3. Agricultural uses as defined in DCC 18,04, involving:
a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total numbers
of such animals over the age of six months is limited to the square footage of the lot or parcel
divided by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided
that the total numbers of such animals does not exceed one for each 500 square feet of property.
4. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or
subject to the standards of DCC 18.67.080 and 18.116.230.
5. Class Ill road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
B.
Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.116. 18.124, and 18.128:
1. Church,
Chapter 18.67 2 (0612020)
EXHIBIT D TO ORDINANCE NO. 2020-010
2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116,280.
3. Public or private school.
. Park.
Public or semi-public building.
Utility facility.
Water supply or treatment facility.
8. Wireless teleconnmunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material.
C. Lot Requirements. The minimum lot or parcel size in the TuRS District is five acres.
D. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30
feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an
arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a
minimum of 15 feet, subject to DCC 18.67.030(D)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.030(1))(4).
4. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to
EFU-zoned land that is receiving special assessment for farm use shall be set back a nunimum of
100 feet from the common property line.
( = ;_Ord. 2004-002 §18, 2004: Ord. 2001-039 §8, 2001: Ord. 2001-016 §2, 2001;
Ord. 2000-033 § 11. 2000: Ord. 97-063 §3, 1997: Ord. 97-033 §1 1997)
18.67.040. Commercial (TuC) District.
The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to
serve the community and surrounding area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require
site plan review.
1. Single-family dwelling or duplex.
2. Manufactured home subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280,
4. Class I and I1 road or street project subject to approval as part of a land partition, subdivision or
subject to the standards of DCC 18.67.060 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
B. Uses Permitted, SubJect to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.67, 18.116 and 18.124:
1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any
combination of the following uses:
a. Retail or service business.
b. Eating and/or drinking establishment.
c. Offices.
d. Residential use in the same building as a use permitted in DCC 18.67.040.
e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at
die same location.
2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor
area in a building subject to the provisions of DCC 18.67.040(E).
Chapter 18.67 3 (06/N20)
EXHIBIT D TO ORDINANCE NO. 2020-010
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.11.6. 18.124, and 18.128:
1. Church.
2. Bed and breakfast inn.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Park.
6. Public or semi-public building.
T Utility facility.
8. Water supply or treatment facility.
9. Manufactured home'RV park on a parcel in use as a manufactured home park or recreational vehicle
park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured
home park or recreational vehicle park, including any expansion of such uses on the same parcel as
configured on June 12. 1996.
10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed
4,000 square feet of floor space.
a. Farm equipment, sales, service or repair.
b. Trailer sales, service or repair.
c. Vehicle service or repair.
d. Veterinary clinic.
11. The following uses may be conducted in a building or buildings not to exceed 10.000 square feet of
floor space: V
a. Manufacturing or production.
b. Wholesale sales.
c. Marijuana processing. subject to the provisions of DCC 18.116.330.
d. Marijuana retailing. subject to the provisions of DCC 18.116.330.
12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material v
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11).
1. Compatibility.
a. Any use expected to generate more than 50 truck -trailer and/or hea-vy equipment trips per day to
and from the subject property shall not be perntted to locate on a lot or parcel adjacent to or
across a local or collector street from a lot or parcel in a residential district.
2. Traffic and Parking.
a. A use that generates more than 20 auto or trick trips during the peals hour of the day to and from
the premises shall document with facts that the affected transportation facilities are adequate to
serve the proposed use, considering the functional classification, capacity and level of service of
the affected transportation facility.
b. All parking demand generated by uses penmitted by DCC 18.67 shall be accommodated entirely
on the premises.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4.000 square feet but not
greater than 10.000 square feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural area or the traveling needs of
people passing through the area: y
b. The use will primarily employ a work force from the commmunity and surrounding rural area: and
c. It is not practical to contain the proposed use within 4,000 square feet of the floor area.
2. This provision does not apply to uses listed in DCC 18.67.040(C)(10).
Chapter 18.67 4 (06; 020)
EXHIBIT D TO ORDINANCE NO. 2020-010
3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following:
extending north to the Township boundary- between Townships 15 and 16: extending west to the
boundary of the public lands managed by the U.S. Forest Service in T16S-R1 IE: extending south to
the south section lines of T17S-R12E sections 4,5,6 and T17S-RILE sections 1,2,3: and extending
east to Highway 97,
F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to
new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential
use. The provisions of DCC 18.124 also apply.
1. The windows must be at Ieast 50 percent of the length of the ground level wall area and 25 percent of
height of the around level wall area. Ground level wall area includes all exterior wall area up to nine
feet above the finished grade. The window requirement applies to the ground level of exterior building
walls which abut sidewalks or streets. V
2. Required window areas shall be either windows that allow views into working areas, lobbies,
pedestrian entrances or display windows.
G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot
requirements for this district shall be detennined by spatial requirements for sewage disposal, required
landscaped areas and off-street parking.
H. Dimensional Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage
disposal and landscaping are satisfied.
2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from
a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside
storage, or off-street parking and loading areas.
I. Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC
18.124.070 (D)(3).
The street setback for buildings may be reduced, but not increased, to the average building setback
distance of existing buildings on adjoining lots.
2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4).
3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (1)(4).
4. Exceptions to Yard Standards.
a. Lot line adjacent to a residential zone.
For all new structures or substantial alteration of a structure requiring a building permit on a lot
adjacent to a residential district, the setback shall be a minimum of IS feet. The required yard
will be increased by one foot for each foot by which the building height exceeds 20 feet.
b. Lot Line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to
EFU-zoned land that is receiving special assessment for farm use shall be setback a minimum of
100 feet from the common property line.
( _ Ord. 2016-015 §6, 2016: Ord. 2015-004 §5, 2015, Ord. 2004-013 §7, 2004; Ord.
2004-002 § 19, 2004. Ord. 2001-039 §8. 2001, Ord. 2001-016 §2, 2001. Ord. 2000-033 § I L 2000: Ord.
97-063 §3, 1997:Ord. 97-033 §2, 1997)
Chapter 18.67 5 (0612020)
EXHIBIT D TO ORDINANCE NO. 2020-010
Chapter 18.74. RURAL COMMERCIAL ZONE
18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store.
18.74.027. Uses Permitted — Pine Forest and Rosland.
18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store.
:__Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.128:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination
of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
Video store.
h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed
building.
2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of 11 /05/2002. the date
this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building
as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination
of the following uses.
a. Retail sales of agricultural or fann products.
b. Far n machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair garage, towing service, fuel storage and sales.
f. Public or semi-public use.
g. Residential use in the same building as a use permitted by this chapter.
h. Park or playground. v
4. Expansion of a nonconfonning use listed under section B(3)(a-h), existing as of 11i05/2002, the date
this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building
as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are pennitted subject to the applicable
provisions of this chapter and DCC 18.116. 18.124 and 18.128:
1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination
of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecoimnunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
Church.
Chapter 18.74
EXHIBIT E TO ORDINANCE NO. 2020-010
School.
2. Recreational vehicle park
3. Mini -storage facilities limited to 35,000 square feet in size.
4. Marijuana retailing, subject to the provisions of DCC I8.116.330.
_Ord. 2016-015 §7, 2016: Ord. 2015-004 §7, 2015- Ord. 2008-008 § 1, 2008: Ord.
2004-002 §20, 2004: Ord. 2002-019 §2, 2002)
18.74.027. Uses Permitted — Pine Forest and Rosland.
A. Uses Pennitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are pennitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses that serve the surrounding rural area or the travel needs of persons
passing through the area:
a. Eating and drinking establishments.
b. Retail store. office and service establishments.
c. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at
the same location.
2. Expansion of a nonconforming use existing as of 11/05i2002 shall be limited to 2.500 square feet or
25 percent of the size of the building (or portion of the building) housing the nonconforming use as
of said date, whichever is greater,
3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair garage, towing service, fuel storage and fuel sales.
e. Public or semi-public use. v v
f. Residential use in the same building as a use permitted in this chapter.
g. Park or playground.
4. Expansion of a nonconforming use existing as of 11.105/20021 shall be limited to 3.500 square feet
each or 25 percent of the size of the building (or portion of the building) housing the nonconforming
use as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the
following uses: y
a. Horne occupation as defined in DCC 18.04.
b. Utility facility.
c. Wireless teleeornmumications facilities, except those facilities meeting the requirements of DCC
18. 116.2 50(A) or (B).
_?. Church.
School.
Marijuana retailing, subject to the provisions of DCC 18.116.330.
2. Recreational vehicle park.
3. Mini -storage facilities limited to 35.000 square feet in size.
( _ _ __Ord. 2016-015 §7, 2016: Ord. 2015-004 §7 2015, Ord. 2008-008 §1, 2008; Ord.
2007-007 § 1, 2007: Ord. 2003-080. § 1, 2003)
Chapter 18.74
EXHIBIT E TO ORDINANCE NO. 2020-010
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.215. Familv Child Provider.
18.116.215. Familv Childr-,,�H`, ,: Provider.
A. A family child-care provider's home shall be considered a residential use of property, permitted
in all areas zoned for residential and commercial purposes, including areas zoned for single-family
dwellings. v
B. The family child—care provider's home is subject to the same restrictions imposed on any
residential dwelling in the same residential or commercial zone.
97-003 §3, 1997)
Chapter 18.116 (0612020)
EXHIBIT F to ORDINANCE NO. 2020-010
Chapter 18.128. CONDITIONAL USE
18.128.190. Schools.
18.128.190. Schools.
,__.Secondary schools shall provide a site area of 10 acres plus one additional acre for each 100
pupils of predicted ultimate enrollment.
Notwithstanding DCC 18.1218.190( -.), private academic secondary schools with an enrollment
of fewer than 50 students shall provide a minimum site area of one acre for every 10 students of
predicted ultimate enrollment, with a minimum site area of not less than two acres.
L.Schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88.
-_Ord. 98-013 §4, 1998: Ord. 97-022 §1, 1997:Ord. 95-075 §1, 1995:Ord.
91-020 §1, 1991)
Chapter 18.128 (0612020)
EXHIBIT G TO ORDINANCE NO. 2020-010
Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY, AND DEFINITIONS
19.04.040. Definitions.
"Day care center or facility"
(_ __Ord. 2017-009 §7, 2017, Ord. 2016-016 §L 2016: Ord. 2014-016 §1, 2014, Ord.
2013-013 §1: Ord. 99-001 §§2-4, 1999: Ord. 97-038 §1. 1997: Ord. 97-017 §1, 1996-, Ord. 96-071 §11),
1996: Ord. 95-045 § 15, 1995: Ord. 94 027 § § 1 & 2, 1994: Ord. 92-043 §1, 1992: Ord. 91 029 §§ 1, 8, 9 and
10, 1991. Ord. 91-001 §L 1991:Ord. 90-038 §I, 1990:Ord. 90-007 §1, 1990:Ord. 88-042 §3, 1988:Ord.
86-058 §L 1986: Ord. 86-055 §1, 1986: Ord. 86-033 §1, 1983: Ord. 86-032 §1, 1986: Ord. 86-017 §1
Exhibit a, 1986: Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983, Ord. 80-217 §1 Exhibit A. 1980)
Chapter 19.04 1 (0612020)
EXHIBIT H TO ORDINANCE NO. 2020-010
Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE - SR 2 1/2
19.20.020. Permitted Uses.
19.20.030. Conditional Uses.
19.20.020. Permitted Uses.
The followin- uses are permitted:
A. Single-family dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Home occupations subject to DCC 19.88,140.
D. Other accessory uses and accessory buildings and structures customarily appurtenant to a perinitted use
subject to DCC 19,92.020.
E. Accessory Dwelling Units, subject to DCC 19.92.150.
(� _ _ --------------
2019-009 §5, 2019: Ord. 93-018-1 §3, 1993: Ord. 91-001 §41 1991, Ord.
88-042 §6, 19881)
19.20.030. Conditional Uses.
The following conditional uses may be permitted subject to a conditional use permit as provided in DCC
19.76 and 19.100:
A. Churches subject to DCC 19.88.040.
B. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that
no mortuary or crematorium is within 100 feet of a boundary street. or where no street borders the
cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030.
C. Community buildings, Iodge and fraternal organizations, except those carried on as a business for profit,
and subject to DCC I9.88.050,
D. Public, parochial and private schools. including- kindergartens ;but not
including business, dancing, trade, technical or similar schools subject to DCC 19.88.160.
E. Parks and recreation facilities, fire stations, libraries, museums: but not including storage or repair yards.
warehouses or similar uses.
F. Recreation facilities, public or private: but not including such intensive commercial recreation uses as a
racetrack or amusement park.
G. Utility substations or pumping stations with no equipment storage and sewage treatment facilities subject
to DCC 19.88.120.
H. Keeping of livestock subject to DCC 19.88.070.
I. Kennel or connnercial riding stable subject to DCC 19.88.020.
J. Planned unit development subject to the provisions of DCC 19,104.
K. Plant nurseries subject to DCC 19.88.180.
L. Hydroelectric facility subject to DCC 19.88 and 19.100.
M. Time share unit subject to DCC 19.88.230.
(f _ __ = Ord. 91-001 §5, 1991, Ord. 88-042 §7, 1988: Ord. 86-017 §5, 1986: Ord. 83-045
§3. 1983:Ord. 81-006 §2, 1981)
Chapter 19.20 1 (06,2020)
EXHIBIT I TO ORDINANCE NO. 2020-010
Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE - RS
19.28.020. Permitted Uses.
19.28.030. Conditional Uses.
19.28.010. Purpose.
The RS Zone is intended to provide for die most common urban residential densities in places where
community sewer services are or will be available and to encourage, acconnnodate, maintain and protect a
suitable environment for family living.
(Ord. 90-038 § l , 1990)
19.28.020. Permitted Uses.
The following uses are permitted:
A. Single-family dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Rooming and boarding of not more than two persons.
D. Home occupation subject to the provisions of DCC 19.88.140.
E. Other accessory uses and buildings and structures customarily appurtenant to a permitted use subject to
DCC 19.92.020.
- Ord. 90-038 51, 1990)
19.28.030. Conditional Uses.
The following uses may be permitted subject to a conditional use permit and the provisions of DCC 19.76 and
19.100:
A. Manufactured home subdivision subject to standards of DCC 19.88.280.
B. Churches subject to DCC 19.88.040.
C. Cemeteries and mausoleums, crematories. columbariums and mortuaries within cemeteries provided that
no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the
cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030.
D. Public, parochial and private schools, including: v-kindergartens .> .
excluding business, dancing, trade, technical or sinular schools subject to DCC 19.88.160.
E. Parks and recreation facilities, fire stations, libraries. museums, but not including storage or repair yards,
warehouses or similar uses.
F. Recreation facilities, including country clubs, golf courses, swinuning clubs, tennis clubs: but not
including such intensive commercial recreation uses as a racetrack or amusement park.
G. Utility substations or pumping stations with no equipment storage or sewage treatment facilities.
H. Planned unit developments subject to provisions of DCC 19.104.
I. Temporary subdivision tract offices.
J. Rear lot development subject to site plan approval as provided in DCC 19.76 and DCC 19.88.130.
K. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit
and subject to DCC 19,88,050.
L. Duplex in areas designated RS provided that each lot occupied by a duplex shall have a minimum area of
12,000 square feet.
M. Two single-family dwellings on one lot in areas designated RS provided that each lot occupied by two
single-family dwellings shall have a minimum area of 12,000 square feet and also provided that all yard
and coverage requirements set forth in DCC 19.28.050 are observed. In addition, no dwelling unit shall
Chapter 19.28 1 (06/2020)
EXHIBIT J TO ORDINANCE NO. 2020-010
be located within 10 feet of any other dwelling unit on the same lot. There shall be provided for the rear
dwelling unoccupied and unobstructed access not less than 15 feet wide to the street fronting the lot.
N. Keeping of livestock subject to DCC 19.88,070.
0. Moving in a single-family dwelling built prior to January 1. 1961.
P. Manufactured home park subject to DCC 19.88.280.
Q. Condominiums.
R. Plant nurseries subject to DCC 19.88.180.
S. Time share unit or die creation thereof, subject to DCC 19.88.230.
T. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190,
U. Dwelling groups, subject to the provisions of DCC 19.88.250.
V. Radio and television transmission facilities.
W. Bed and breakfast inn, subject to the standards set forth in DCC 19.88.260.
X. Residential care facility.
Y. Zero Lot Line Subdivision or Partition. Regulations for a side yard setback may be waived for an
approved zero lot line subdivision or partition.
_Ord. 90-038 §L 1990:Ord. 88-042 §8, 1988: Ord. 86-017 §7, 1986: Ord. 83-045
>, 1983: Ord. 81-006 §4, 1981)
Chapter 19.28 2 (06%2020)
EXHIBIT J TO ORDINANCE NO. 2020-010
Chapter 19.64. LIGHT INDUSTRIAL ZONE - IL
19.64.020. Permitted Uses.
19.64.030. Conditional Uses.
19.64.020. Permitted Uses.
The following uses are permitted in the IL Zone subject to the provisions of DCC 19.76,
A. Any permitted use in the IP Zone.
B. Cold storage plants, including storage and office.
C. Fuel oil distributors.
D. Printing, publishing and book binding.
E. Public utility buildings and yards.
F. Veterinary clinic and hospitals operated entirely within an enclosed building.
G. Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating, machine, sheet
metal, sign, stone monuments, upholstery and welding.
H. Assembly, manufacture or preparation of articles and merchandise from the following previously
prepared types of materials: Bone, canvas, cellophane, cloth, cork, feathers, felt, leather, precious or
semiprecious metal or stones, shell, textiles, tobacco, wax, wire, wood (excluding sav�mills, lumber mills,
planing mills, molding plants, particle board, wafer board, plywood and pulp process) yarns and paint not
employing a boiling process.
1. Manufacture, compounding, processing, packing or treatment of such products as bakery goods, candy,
cosmetics, dairy products and meat, drugs, perfume, pharmaceuticals, perfumed toilet soap, toiletries,
excluding the rendering of fats and oils. fish and meat slaughtering and fermented foods, such as
sauerkraut, vinegar and yeast.
J. Processing uses such as bottling plants, creameries, laboratories, blueprinting and photocopying,
laundries, carpet and rug cleaning plants, cleaning and dyeing plants, tire retreading, recapping and
rebuilding. V
K. Contractor's equipment, storage or sale yard, house mover, delivery vehicles, transit storage, trucking
terminal and used equipment in operable condition.
L. Manufacture of concrete products and ceramic products using only previously pulverized clay.
M. Manufacture of musical instruments, novelties, rubber or metal stamps, toys, optical goods or precision
instruments or equipment.
N. Manufacture of artificial limbs, dentures.. hearing aids, surgical instruments and dressings and other
devices employed by the medical and dental professions.
0. Mini storage units.
P. Planned unit developments subject to the provisions of DCC 19.104.
Q. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are
permitted.
R. Wholesale distribution of all standard types of prepared or packaged merchandise such as automobile
supplies, drug and electrical supplies, furniture, food products, hardware, leather goods, plumbing
supplies, textiles and fabrics and general merchandise. v
S. Public buildings.
(ti _ ___-Ord. 92-043 §2, 199": Ord. 88-042 §§27, 28 and 29. 1988)
19.64.030. Conditional Uses.
The following Conditional Uses may be permitted subject to a Conditional Use Permit and the provisions of
DCC I9.76 and 19.100:
Chapter 19.64 1 (06/12020)
EXHIBIT K TO ORDINANCE. NO. 2020-010
A. Building over 35 feet in height.
B. Livestock feed and sales yard.
C. Ambulance service.
D. Service commercial uses such as banks, offices, restaurants, cafes, refreshment stands. bars and taverns.
E. All types of automobile, motorcycle and truck sales, service, repair and rental. Automobile and truck
service stations subject to DCC 19.88.
F. Boat building and repair.
G. Retail or combination retail,/wholesale lumber and building materials yard, not including concrete mixing.
H. Trailer sales, storage and rental.
L Commercial parking lot.
J. indergarten
K. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190.
L. Manufactured home sales and service.
(` _ _Ord. 92-008 §L 1992, Ord. 88-042, 1988. Ord. 86-017 t13, 1986)
Chapter 19.64 2 (06i2020)
EXHIBIT K TO ORDINANCE NO. 2020-010
FINDINGS
I. BACKGROUND
Deschutes County is considered a "child care desert" according to Oregon's Child Care Deserts:
Mapping Supply by Age Group, Metropolitan Status, and Percentage of Publicly Funded Slots, a
report commissioned by Oregon State University and the Oregon Early Learning Division.' A
county is considered a child care desert if fewer than 33 percent of the county's children have
access to a slot (three young children for every child care slot). Slots are defined as regulated
child care slots, including Certified Centers, Certified Family, and Registered Family
Providers .2 As shown in Table 1, Deschutes County is a child care desert for infants, toddlers
and preschoolers.
Table 1. Percent of Children in Deschutes County with Access to a Regulated Slot
County
0-2 year olds
3-5 year olds
Total 0-5 year olds
Deschutes
11 %
28%
20%
II. EXISTING CODE
Deschutes County Code (DCC) contains several definitions relating to child care:
Title 18, County Zoning Ordinance'
1. "Child care center" means a child care facility that is certified to care for thirteen or more
children or a childcare facility that was not constructed as single family home that is
certified to care for 12 or fewer children.
2. "Family child care provider" means a child care provider who regularly provides
childcare to fewer than 13 children, including children of the provider (regardless of
part- or full-time status), in the family living quarters of the provider's single-family
home.
3. "Nursery, day" means a facility providing day care to three or more children, aged 14
years or under, but not including any:
A. Facility providing care that is primarily educational unless provided to a preschool
child for more than four hours a day;
1 htt s://health oi-eRonstate edu/stes/healtFi oregonstate edu/hies/early-learners/pdii/oi-e2on-child-care-deserts-01-29-
2019.12df
2 Regulated includes Certified Centers, Certified Family, and Registered Family Providers
s DCC 18.04.030. Definitions
PAGE 1 OF 14— FINDINGS— EXHIBIT LTO ORDINANCE NO. 2020-010
B Facility providing care that is primarily supervised training in a specific subject,
including but not limited to dancing, drama, music or religion;
C. Facility providing care that is primarily an incident of group athletic or social
activities sponsored by or under the supervision of an organized club or hobby
group;
D. Facility operated by a school district or governmental agency; or
E. Residential facility licensed under ORS 443,400 to 443.445 and 443.991(2).
Title 19, Bend Urban Area Zoning4
1. "Babysitter" means a person who provides day care services for children in the home
of the babysitter for not more than five children for eight or more hours in a 24 hour
period as a home occupation.
2. "Day care center or facility" means an agency, organization or individual providing
daytime care of six or more children not related by blood, marriage to, or not the legal
wards or foster children of the attendant adult. (Nursery.)
Table 2 summarizes the zones currently permitting child care uses in rural Deschutes County.
Table 2. Existing Child Care Zoning
Code
Description
Title 18 - County Zoning
Chapter 18.65, Rural Service
18,65.022 - Alfalfa RSC - Residential District
Center - Unincorporated
Community Zone
(3) Daycare facility
18.04,030 - Definitions
"Family child care provider" means a child care provider
Chapter 18.04, Title, Purpose, and
who regularly provides childcare to fewer than 13 children,
Definitions
including children of the provider (regardless of part- or full-
time status), in the family living quarters of the provider's
single-family home.
18.66.020 - Residential (TeR) District
(7) Child care center
Chapter 18.66, Terrebonne Rural
18.66.030 - Residential-5 Acre Minimum (TeR5) District
Community Districts
(7) Child care center
18.66.040 - Commercial (TeQ District
(6) Child care center
4 DCC 19.04.040. Definitions
PAGE 2 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010
Code
Description
(6) Child care center
Chapter 18.67, Tumalo Rural
18.66.030 - Residential-5 Acre Minimum (TuR5) District
Community Districts
(4) Child care center
(3) Child care center
18.74.020 - Uses Permitted - Deschutes junction and
Deschutes River Woods Store
Chapter 18.74, Rural Commercial
(1)(d) Child care center
Zone
18.74.027 - Uses Permitted - Pine Forest and Rosland
(1)(d) Child care center
(A) Uses Permitted Out,right
Chapter 18.108, Urban
(1)(h) Child care center, preschool, daycare facility
Unincorporated Community
Zone - Sunriver
18.108.110 -Business Park - BP District
(A) Uses Perrniue0l Outlrilolm
(7) Child care center, preschool, daycare facility
18.110.020 - Seventh Mountain/Widgi Creek and Black
Chapter 18.110, Resort
Butte Ranch Resort Districts
Community Zone
(B). Uses Permitted Subilect to Site Plan Review
(6) Daycare facility
18,116,215 - Family Childcare Provider
(A) A family childcare provider's home shall be considered a
residential use of property, permitted in all areas zoned for
Chapter 18.116, Supplementary
residential and commercial purposes, including areas
Provisions
zoned for single-family dwellings.
(B) The family childcare provider's home is subject to the
same restrictions imposed on any residential dwelling in
the same residential or commercial zone.
(A) Nursery schools shall provide and maintain at least 100
square feet of outdoor play area per child. A sight
Chapter 18.128, Conditional Uses
obscuring fence at least four feet but not more than six
feet high shall separate the play area from adjoining lots.
(C) Schools in the Wildlife Area Combining Zone are subject
to the provisions of DCC 18,88.
PAGE 3OF14-FIN D|NGS-EXH|BIT LTOORDINANCE NO. ZOZ0'010
Code
Description
Title 19 - Bend Urban Area Zoning Ordinance
Chapter 19.12, Urban Area
19,12.020 - Permitted Uses
Reserve Zone
(E) Day care center facilities subject to site review, DCC
19.76 and DCC 19.88,160.
19.20.030 - _ w�
Chapter 19.20, Suburban Low
(D) Public, parochial and private schools, including nursery
Density Residential Zone
schools, kindergartens and day nurseries; but not including
business, dancing, trade, technical or similar schools
subject to DCC 19.88.160.
19,28,030 -
Chapter 19.28, Urban Standard
(D) Public, parochial and private schools, including nursery
Residential Zone
schools, kindergartens and day nurseries; but not including
business, dancing, trade, technical or similar schools
subject to DCC 19.88.160,
Chapter 19.64, Light Industrial
19,64.030 - 'I
Zone
0) Nursery school, kindergarten and day care facility.
Title 19A - Bend Urbanizable Area District
19.A.01.020 - Permitted and Conditional Uses
Title 19A, Bend Urbanizable Area
Table 19A.01.020 - Per fitted Land Uses
Family childcare home (16 or fewer children)
Title 21 - Sisters Urban Area Zoning Ordinance
Title 21.16 - Urban Area Reserve
21.16.20 - Permitted Uses
Zone
(F) Day Care Center facilities subject to site review DCC
21.44 and 21.44.
Ill. PROPOSAL
The Board of County Commissioners directed staff to initiate a legislative amendment to
change day care, preschool, day nurseries, and child care facilities from a conditional use
permit to a use permitted outright, subject to site plan review. The amendments would not
add child care facilities as a use to zones that do not already allow them in some capacity.
The amendments also clarify the definition of "family child care provider" to correspond with
Oregon Revised Statutes; family child care homes or providers are considered a residential
use of property per ORS 329A.440 and Deschutes County Code 18.116.215, and are
permitted in all areas zoned for residential and commercial purposes, including areas zoned
for single-family dwellings.
Lastly, the proposed amendments consolidate all child care -related definitions noted above
in Titles 18 and 19 by adding a new term, "child care facility," which directly references ORS
329A. This is intended to eliminate confusion between Titles 18 and 19 as well as within each
PAGE 4 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010
chapter, where multiple terms —some of which lacked definitions —were utilized. Similarly,
the amendments add a definition for "preschool," referring to the definitions in ORS 329A.
The proposed amendments to Deschutes County Code (DCC) Title 18, County Zoning and
Title 19, Bend Urban Area Zoning Ordinance are outlined in Ordinance No. 2020-010.
Deschutes County is amending 7 chapters of DCC Title 18 and 4 chapters in DCC Title 19.
Added language is underlined and deleted shown as strik@thrnw gl;. Table 3 summarizes the
amendments.
Table 3: Summary of Child Care Amendments
Code I Description
Title 18 - County Zoning
" P, eschool" as used in Tjile 18 is defined in ORS 329A as ` c reschoo
recorded 1-2rdram
PAGE 5 OF 14 — FINDINGS— EXHIBIT L TO ORDINANCE NO. 2020-010
Code
Description
Adds:
18.65.022 - Alfalfa RSC - Residential District
Chapter 18.65, Rural Service
(B) Uses Permitted Subject to Site Plan Review
rd Child care facility and/or oreschooi
Center - Unincorporated
Community Zone
Deletes:
18.65.022 - Alfalfa RSC - Residential District
(C) Conditional Use
E,
Adds:
18,66.020 - Residential (TeR) District
Uses Permitted Subject to Site Plan Review, The foiiovyinU uses
and their accessory uses are permitted. subject to the applicable
,urovisions of dais chapter DCC i 8.� 1 S Suopiementaiv Provisions
and DCC 18.1124 Site Plat-, f this to
J. Child Care !aC'litv and/or IJi`eSCI"lOol.
18.66.030 - Residential-5 Acre Minimum (TeR5) District
(B) Uses Per: -netted S ibiect to Site Plan Revew The foliom.-D' iises
and their accessory uses are permitted sudect to the applicable
provisions of tf�is chapter, DCC 18.116, Supplelentar %Provisions
Review.. of this ti. e.
and DCC 18. i 24 Site Plan -,
Chapter 18.66, Terrebonne
, Child care facility and/or prescnoo;.
Rural Community
18.66,040 - Commercial (TeC) District
Districts
(B) Uses Permitted, Subject to Site Plan Review
S. Child; care facilit-__a_.nd/or oreschooi.
Deletes:
18.66.020 - Residential (TeR) District
(C) Conditional Uses
18.66.030 - Residential-5 Acre Minimum (TeR5) District
(C) Conditional Uses
171 Child gore rontor
18.66.040 - Commercial (TeC) District
(C) Conditional Uses
PAGE 6 OF 14- FINDINGS- EXHIBIT LTO ORDINANCE NO. 2020-010
Code
Description
Adds:
18.67.020 - Residential (TuR) District
LB) Uses Permitted Subiect to Site Plan Review. The follo�rving uses
and their accessory uses are permitted, subiect to the applicable
provisions of this chapter, DCC _18.1 6, Sup lementary Provisions.
and DCC 18.1]2 Site Plan Reviev. of this title
1. Child care facility and -or preschool
18.67,030 - Residential-5 Acre Minimum (TeRS) District
L Uses Permitted Subject to Site Plan Revievv. T he foiiowlri Uses
k'
and their accessory uses are permitted Subiect to the applicable
provisions of this chaster, DCC ? 8.116 Supplernentary Provisions
and DCC 18.124 Site Plan Review. of this tine:
Chapter 18.67, Tumalo Rural
1. Child care fadlity and/or preschool.
Community Districts
18.67.040 - Commercial (TuC) District
(B) Uses Permitted, Subject to Site Plan Review
3. Child care facility and/or preschool.
Deletes:
18.67.020 - Residential (TuR) District
(C) Conditional Uses
18.67.030 - Residential-5 Acre Minimum (TuRS) District
(C) Conditional Uses
18.67.040 - Commercial (TuC) District
(C) Conditional Uses
Adds:
18.74.020 - Uses Permitted - Deschutes junction and Deschutes
River Woods Store
Uses Permitted Subiect to Site Plan Revievy. The fo iovvinZ uses
and their accessory uses are oernritted, sb�ect to the a plicable
pvisions of this c rohaater, DCC 18. i 15 Suppiementar'v Provisions
and DCC 18.1 24_ Site Plan Revievv=, of this title:
i. Child care facility aria/or preschool.
Chapter 18.74, Rural
Commercial Zone
18.74.027 - Uses Permitted - Pine Forest and Rosland
LE Uses Permitted Subiect to Site Plan Review. The fo':.lo"jv n ,uses
and their accessory uses are permitted, subject to the applicable
provisions of this chapte, DCC 18.1 ? 6 Suco?ementary Provisions,
and DCC 18.124 Site Plan Review, of this tine`
1. C lid carer ,aci,;tv and%or orescirooi.
Deletes:
18.74.020 - Uses Permitted - Deschutes junction and Deschutes
River Woods Store
PAGE 7 OF 14 - FINDINGS - EXHIBIT LTO ORDINANCE NO. 2020-010
Code
Description
(C) Conditional Uses
18.74.027 - Uses Permitted - Pine Forest and Rosland
(C) Conditional Uses
Adds:
18.1 16.360 - Nurser,Y Schools
Chapter 18.116,
Supplementary
Provisions
A. Nursery schools shall provide and maintain at least 100
ware feet oI o.,tdoorlay area Qe, child. A si-ht obscub— fence
at least four feet but not ;_note ti pan six feet hk2h, shall separate the
B. Nursery schools in the Vyildlife Area Combining ?one are
St1bieCt to ,he provisions of i DCC , 8.88.
Deletes:
Chapter 18.128, Conditional
Uses
� -
_. ,
Title 19 - Bend Urban Area Zoning Ordinance
Adds and deletes:
19.04.040 - Definitions
"Ch"Id care facdi tras used in T Ide 18 is defined in ORS 329A.
"Day care center or facility" see `�Chj ld care fa<w _I." . -
Chapter 19.04, Title,
Compliance,_
Applicability, and
"Family child care provider" means a child care orovider who
re�u arty prop -;des child care in the home of the provide) to not
Definitions
more than ;6 children. including children of the provider,
reward less o� fuli-ti , e o Dart time status.
"P eschool" as used n —iris 18 is deli led ;i; ORS 329A as "preschool
recorded prg rare.;:
PAGES OF 14- FINDINGS- EXHIBIT LTO ORDINANCE NO. 2020-010
Code
Description
Adds:
19.20.020 - Permitted Uses
F, Chid care facility and/or preschool.
Chapter 19.20, Suburban
Deletes:
Low Density Residential
Zone
19.20.030 -Conditional Uses
(D) Public, parochial and private schools, including-r -,
:'-, kindergartens - ; but not including
business, dancing, trade, technical or similar schools subject to
DCC 19.88.160.
Adds:
19.28,020 - Permitted Uses
Chapter 19.28, Urban
Child care facility/ and/or preschool.
Standard Residential
19.28.030 - Conditional Uses
Zone
((D) Public, parochial and private schools, including
kindergartens .. , but not including
business, dancing, trade, technical or similar schools subject to
DCC 19.88.160.
Adds:
Chapter 19.64, Light
19.64,020 - Permitted Uses
Industrial Zone
T. Child care Laci ty and/orpresc''oo�.
19.64.030 - Conditional Uses
�;".:7 Kindergarten �
IV. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative
plan and text amendment. Nonetheless, because this is a Deschutes County -initiated amendment,
the County bears the responsibility for demonstrating that the amendments are consistent with
the Statewide Planning Goals and its Comprehensive Plan.
V. FINDINGS
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission and Board of County Commissioners,
PAGE 9 OF 14 - FINDINGS - EXHIBIT LTO ORDINANCE NO. 2020-010
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 as notice was published in the Bend Bulletin newspaper on May
3, 2020 for the Planning Commission public hearing, and on May 24, 2020 for the Board of County
Commissioners' public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director
and where necessary to comply with ORS 203.045.
FINDING: This criterion will be met as notice was posted for each hearing on 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 was 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 at the direction
of the Board of County Commissioners, and has received a fee waiver. This criterion has been met.
4. Section 22.12.040, Hearings Body
PAGE 10 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010
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: The Deschutes County Planning Commission held the initial public hearing on May 14,
2020. The Board then held a public hearing on June 3, 2020. These criteria are met.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included will be implemented by Ordinance No. 2020-
010 upon approval and adoption by the Board of County Commissioners. This criterion will be met.
B. Statewide Planning Goals
The parameters for evaluating these specific amendments are based on an adequate factual base
and supportive evidence demonstrating consistency with Statewide Planning Goals. The following
findings demonstrate that the proposed amendments comply with applicable statewide planning
goals and state law.
• Goal 1, Citizen Involvement
The adoption process for the proposed amendments included a public hearing before the
Planning Commission and the Board of County Commissioners, consistent with ORS 215.060
and DCC 22.12,010. This goal is met.
Goal 2, Land Use Planning
ORS 197.610 allows local governments to initiate post -acknowledgment plan amendments
(PAPAS). An Oregon Department of Land Conservation and Development 35-day notice was
initiated on March 19, 2020. No comments were received from the Department of Land
Conservation and Development. This finding document provides the adequate factual basis
and documented analysis for this plan and zoning text amendment. This goal is met.
Goal 3, Agricultural Lands
The proposed amendments do not apply to agricultural lands. This goal does not apply.
• Goal 4, Forest Lands
The proposed amendments do not apply to forest lands. This goal does not apply.
• Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces
PAGE 11 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010
This goal is not applicable because the proposed amendments only grant the County the
authority to approve applications to allow childcare uses. No development or land use
changes are being proposed that might impact Goal 5 protected natural resources, scenic
and historic areas, or open spaces. Any future application for a site -specific childcare use will
have to demonstrate consistency with Goal 5.
• Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards
This goal is not applicable because the proposed amendments only grant the County the
authority to approve applications to allow childcare uses. No development or land use
changes are being proposed that impact air, water and land resource qualities. Any future
applications for a site -specific childcare use will have to demonstrate consistency with Goal
6.
• Goal 8, Recreational Needs
This goal is not applicable because the proposed amendments only grant the County the
authority to approve applications to allow childcare uses. No development or land use
changes are being proposed on recreational resources. Any future applications for a site -
specific childcare use will have to demonstrate consistency with Goal 8.
• Goal 9, Economic Development
Goal 9 is intended to provide adequate opportunities throughout the state for a variety of
economic activities, Goal 9 requires that land be designated for commercial and industrial
uses according to the needs of the local and regional economy, current economic base,
workforce, availability of land, availability of key public facilities, etc. Practically speaking,
Goal 9 has required communities to preserve employment and industrial land for future
business uses. The proposal would allow for childcare uses as use permitted outright, subject
to site plan review, to meet the child care needs of the economy, the economic base and the
work force. Therefore, the proposed amendment is consistent with this Goal.
• Goal 10, Housing
This goal is not applicable because, unlike municipalities, unincorporated areas are not
obligated to fulfill Goal 10 housing requirements. Furthermore, no development or land use
changes are being proposed that relate to or impact housing.
• Goal 11, Public Facilities
This goal is not applicable because the proposed amendments only grant the County the
authority to approve applications to allow childcare uses. No development or land use
changes are being proposed that impact public facilities. Any future applications for a site -
specific childcare use will have to demonstrate consistency with Goal 11.
• Goal 12, Transportation
Goal 12 requires that the subject property be consistent with adopted transportation plans.
Although the majority of the policies set forth in Goal 12 relate to the establishment of a
comprehensive transportation system plan (TSP), they also require an application to
PAGE 12 OF 14- FINDINGS- EXHIBIT LTO ORDINANCE NO. 2020-010
demonstrate that a proposal is consistent with the Transportation Planning Rule (TPR), as
implemented through OAR 660-012-0060(1), which states that,
"Amendments to functional plans, acknowledged comprehensive plans, and land use
regulations which significantly affect a transportation facility shall assure that allowed
land uses are consistent with the identified function, capacity, and performance
standards (e.g. level of service, volume to capacity ratio, etc.) of the facility."
The proposed use will not change the functional classification of any arterial or collector nor
change the applicable access management standards. The County's performance standards
will also remain Level of Service (LOS D) for intersections and road segments. For an
unsignalized intersection, which describes either a driveway or an intersection with stops
signs, LOS D is 35-55 seconds delay. For road segments, the Deschutes County
Transportation System Plan (TSP) defines LOS D as 9,600 average daily traffic (ADT).
Delay is affected by volumes on the through road and the driveway or side street. In the
case of the driveway, zoning controls the potential trip generation. A Day Care Center (Land
Use 565) in the 101h edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual.
is predicted to generate 47.62 weekday trips per 1,000 square feet and 11 a.m. and 11.12
p.m. peak hour trips per 1,000 square feet. However, these trip generation rates are reduced
as Day Care Centers have a high pass -by rate. In other words, the parents are typically
already driving to/from work and drop off/pick up their children on the way. The County in
its transportation system development charge (SDC) credits Day Cares with a 90% pass -by
rate. This is based on observation and experience with these uses. Thus, a Day Care Center
could be expected to generate approximately 1 new trip per 1,000 square feet.
The combination of low trip generation rates due to high pass -by rate and the low volumes
on County roads means the effect of adding Day Cares to County zones would have a
minimal effect. This minimal effect holds regardless of whether Day Care is added as a new
outright permitted use to existing zones or made an outright permitted use in zones where
Day Care is now a conditional use. The plan amendment does not result in any significant
effect and thus complies with the TPR.
• Goal 13, Energy Conservation
This goal is not applicable because the proposed amendments only grant the County the
authority to approve applications to allow childcare uses. No development or land use
changes are being proposed that impact energy conservation. Any future applications for a
site -specific childcare use will have to demonstrate consistency with Goal 13.
• Goal 14, Urbanization
The purpose of Goal 14 is to direct urban uses to areas inside urban growth boundaries. As
proposed amendments do not seek to allow urban uses on rural land, nor do they seek to
expand an existing urban growth boundary, this goal does not apply.
• Goals 15 through 19
PAGE 13 OF 14- FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010
Deschutes County does not contain any of the relevant land types included in Goals 15-19.
Therefore these goals do not apply.
C. Deschutes County Comprehensive Plan
Chapter 3, Rural Growth Management
Section 3.4, Rural Economy Policies
Goal 1 Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy
economy
3.4.1 Promote rural economic initiatives, including home -based businesses, that maintain the integrity
of the rural character and the natural environment
a. Review land use regulations to identify legal and appropriate rural economic development
opportunities
FINDING: There is a documented need for child care in Deschutes County. Child care is a supportive
commercial use that directly accommodates the needs of County residents. The typical size of a
child care facility is 2,000-4,000 square feet in size; child care facilities are generally small scale and
low impact, assuring conformance with Policy 3.4.1.
PAGE 14 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010