2021-175-Minutes for Meeting April 21,2021 Recorded 5/3/2021��� E S COGS
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
Recorded in Deschutes County CJ2021-175
Nancy Blankenship, County Clerk
Commissioners' Journal 05/03/2021 1:28:55 PM
cC��\iF.S CMG II I I I III I I'll I' I I II�'I' I I II I'll
� 2021-175
FOR RECORDING STAMP ONLY
Wednesday, April 21, 2021 BARNES & SAWYER ROOMS
VIRTUAL MEETING PLATFORM
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom
Anderson, County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive
Assistant (via Zoom conference call). Attendance was limited due to Governor's Virus Orders.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.iqm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Commissioner DeBone acknowledged an email received through Citizen Input from
Topher Laws regarding the Commissioner's decision regarding turning Worrell Park
into parking in an effort to provide parking for the courthouse expansion.
Doug Hoschak, Sunriver resident informed the Commissioners that since he has
received both vaccination shots that he was not going to wear a face mask; he then
proceeded to present information and opinions relative to the Community Wildfire
Protection Plan and wildfires. Mr. Hoschak advised that he has retained legal
BOCC MEETING APRIL 21 2021 PAGE 1 OF 5
counsel and is prepared to litigate as necessary.
CONSENT AGENDA: Before the Board is consideration of Approval of the Consent
Agenda.
ADAIR: Move approval of Consent Agenda
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
1. Approval of Minutes of the April 2, 2021 Legislative Update Meeting
2. Approval of Minutes of the April 9, 2021 Legislative Update Meeting
3. Approval of Minutes of the April 5, 2021 BOCC Meeting
4. Approval of Minutes of the April 7, 2021 BOCC Meeting
ACTION ITEMS:
1. DELIBERATIONS: Marijuana Housekeeping Text Amendments
Community Development Department Tanya Saltzman (via Zoom
conference call) and Assistant Legal Counsel Adam Smith presented the
deliberations.
Discussion held on the future of hemp.
Commissioners DeBone and Adair supported the emergency adoption
clause. Commissioner Chang will support his colleagues.
DEBONE: Move approval of first and second reading of Ordinance
No. 2021-004 by title only, declaring an emergency to be
effective 30-day from today.
ADAI R: Second
BOCC MEETING APRIL 21 2021 PAGE 2 OF 5
VOTE: ADIAR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone read the Ordinance by title only by first and
second reading.
ADAIR: Move adoption of Ordinance No. 2021-004
DEBONE: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF THE 911 SERVICE DISTRICT
Consideration of Board Signature of Resolution No. 2021-021, Increasing
FTE Within the 2020-21 Deschutes County 911 Service District Budget
Budget Manager Dan Emerson and 911 Director Sara Crosswhite (via Zoom
conference call) presented the request for reinstatement of a supervisor
position. Ms. Crosswhite fully explained the request to fill this position
during the Monday, April 19, 2021 BOCC Meeting.
CHANG: Move approval of Resolution No. 2021-021
ADAIR: Second
VOTE: CHANG: Yes
ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
BOCC MEETING APRIL 21 2021 PAGE 3 OF 5
OTHER ITEMS/COMMISSIONER UPDATES:
• Commissioner DeBone attended the 911 User Group virtual meeting yesterday.
Commissioner Adair also attended.
• Commissioner Adair recognized Administrative Professional Day and our
administrative staff for all the work they do.
• Commissioner DeBone reported on the Sunriver La Pine Economic Development
virtual meeting he attended yesterday.
• Commissioner Adair visited the Sunriver community yesterday and reported on
work the Chamber of Commerce is doing.
• Commissioner DeBone reported on a Deschutes River Woods community
meeting last night with our Community Development Department.
• Commissioner Chang explained tomorrow is Earth Day and the Environmental
Center has invited him to speak on state and local policy regarding waste
impacts to our environment.
RECESS: At the time of 9:37 a.m. the Board went into recess and reconvened the
meeting at 9:56 a.m. due to the time certain COVID Update at 10:00 a.m.
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
COVID19 Update
Present via Zoom was Public Health Director Nahad Sadr-Azodi and Molly
Wells -Darling. Presentation is attached to the record.
Members of the public can sign up to volunteer at the vaccination clinic
through www.deschutes.o.rg/publichealthvolunteer.com. Mr. Sadr-Azodi
asked the Commissioners to consider some type of Deschutes County logo
item to thank the volunteers for their service. Commissioner Chang
recommended an item that specifically commemorates service at the
vaccination clinic.
BOCC MEETING APRIL 21 2021 PAGE 4 OF 5
OTHER ITEM:
• Commissioner Adair reported at the last week's Fair Board meeting, the
board worked on plans for the upcoming fair with youth activities with a
livestock auction. Commissioner DeBone commented on the fairgrounds
and fair association and the new agreement between Deschutes County and
the Fair Board and the Fair Association. Commissioner Chang commented
on the partnership.
• Commissioner DeBone will attend the East Cascade Works quarterly meeting
next Wednesday. Commissioner DeBone will not be in attendance at the
Monday, April 26th BOCC meeting.
EXECUTIVE SESSION:
At the time of 10:49 a.m. the Board went into Executive Session under ORS 192.660
(2) (a) Consideration of Employment. The Board came out of Executive Session at
11:48 a.m.
Being no further items to come before the Board, the meeting was adjourned at 11:49 a.m.
�y °1
DATED this ," Day of 2021 for the Deschutes County Board of
Commissioners.
ATTEST: ,
RECORDING SECRETARY
r
ATTI A AI , COMMISSIONER
BOCC MEETING APRIL 21 2021 PAGE 5 OF 5
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Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
9:00 AM, WEDNESDAY, APRIL 21, 2021
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public
comment is not normally accepted. Written minutes are taken for the record
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.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order
20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary
measures to facilitate public participation in these virtual meetings.
Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be
conducted in a virtual format. Attendance/Participation options include:
Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any
meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to:
citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before
the start of the meeting will be included in the meeting record.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via Zoom
meeting. The Zoom meeting id and password will be included in either the public hearing materials or
through a meeting invite once your agenda item has been included on the agenda. Upon entering the
Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are
Board of Commissioners BOCC Meeting Agenda Wednesday, April 21, 2021 Page 1
of 3
providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,
staff will announce your name and unmute your connection to be invited for testimony. Detailed
instructions will be included in the public hearing materials and will be announced at the outset of the
public hearing.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT (for items not on this Agenda)
[Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by 8:00am on the day of the meeting.]
CONSENT AGENDA
1. Approval of Minutes of the April 2 2021 Legislative Update Meeting
2. Approval of Minutes of the April 9 2021 Legislative Update Meeting
3. Approval of Minutes of the April 5 2021 BOCC Meeting
4. Approval of Minutes of the April 7 2021 BOCC Meeting
ACTION ITEMS
5. 9:05 AM DELIBERATIONS: Marijuana Housekeeping Text Amendments - Tanya
Saltzman, Senior Planner
CONVENE AS THE GOVERNING BODY OF THE 911 SERVICE DISTRICT
9:55 AM Consideration of Board Signature of Resolution No. 2021-021
Increasing FTE Within the 2020-21 Deschutes County 911 Service
District Budget - Dan Emerson, Budget Manager
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
10:00 AM COVID19 Update
LUNCH RECESS
Board of Commissioners BOCC Meeting Agenda Wednesday, April 21, 2021 Page 2
of 3
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.
EXECUTIVE SESSION
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
To watch this meeting on line, go to: www.deschutes.org/meetings
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meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners BOCC Meeting Agenda Wednesday, April 21, 2021 Page 3
of 3
Our Prescribed Forest
Living Comniunity
Community .Assessment
Recognition Program
he COMMUNITY ASSESSMENT
TEMPLATE at portlandwoolenmills.
com states the following: "The Firewise
Communities/USA program is designed
to provide an effective management
approach for preserving wildland living
aesthetics.... The plan developed from the
information should be implemented in a
collaborative manner, and updated and
modified as needed.... Definition of the
Home Ignition Zone."
PRESCRIBED FOREST LIVING Sunriver
is located in a wildfire environment. It's a
Wildland Urban Interface (WUI). Under
Definition of the Home Ignition Zone
appears the following: "Wildfires will
happen —exclusion is not a choice.
Under point six, the program "...seeks to
create a sustainable balance that will allow
communities to live safely while maintain-
ing environmental harmony in a WUI set-
ting. Homeowners already balance their
decisions about fire protection measures
against their desire for certain flamma_h_IP_
components on their properties."
PRESCRIBED FOREST LIVING
COMMUNITY encourages homeowners to
unite into a community under Firewise. This
includes people who live Sunriver as their
fulltime residence, those who use their
property as a second home and those who
rent their home to the public.
The balance of knowledge from Firewise
will help us when we are on public lands
that adjoin Sunriver during hiking, biking,
camping, fishing, hunting and any other
environmentally -aware activities.
Our company, Portland Woolen Mills,
has chosen to name our outdoor camping
blankets and hoodie poncho robes
"Deschutes" in honor of the centuries of
the river's existence, and how we must
protect the surrounding areas from wildfires.
Currently, the river offers canoeing, rafting,
fishing and birdwatching activities.
Protecting these diverse opportunities in
our PRESCRIBED FOREST LIVING COMMU-
NITY. Our goal in featuring the National In-
stitute of Standards and Technology (NIST)
on our portlandwoolenmills website is to
heighten awareness.
Our gorgeous community in Central Oregon is surrounded on three sides by 1.8 million acres of
the Deschutes National Forest along with other BLM land. We have become involved in the Wild -
land Urban Interface (WUI) or the Forestland-Urban Interface as it pertains to safety.
As we researched ways to protect our home and community from wildfires widely recognized as
bi-products of climate change, we simultaneously developed the core of Portland Woolen Mills.
We're a wool textile company specializingni a new, renewable, cold weather insulation for our mili-
tary that needed it for extreme cold weather. We also use a special tree pulp fiber technology for use
in fire resistant base layers that were purchased for USA Special Forces over the years.
As the result of enjoying outdoor recreation and activities, the value of a healthy and pristine wil-
derness comes into incredible focus. We have reduced the use of synthetic fossil fuels and chemicals
in our textiles to minimize some of the causes of climate change and pollution.
During previous decades, many cultures around the world have consumed vast amounts of con-
sumer goods based on fossil fuels. Polyester is a plastic like that used for water bottles and is made
with the same PET chemicals. When produced as micro fiber, tiny particles wind up in our precious
oceans, which causes a myriad of environmental problems. So reducing the consumption of poly-
ester is near the top on our list of priorities.
Producing goods based on fossil fuels contributes to climate change, which has lead to higher and
drier temperatures. Thus, since 2007 over 56 million acres of public lands have burned and the av-
erage size of wildfires is about 100,000 acres per fire. The resulting smoke can travel 100 miles and
affect the air quality of our towns and communities.
Wp have red•••,,..1 .L_
aced the use of plastic in our lives and in Portland Woolen Mills. Our supply chain is
in the USA. We hope people come to enjoy nature more and more, since it contributes to an awe,
respect and love for pristine, healthy wilderness. Our products are tailored to keep our customers
comfortable and happy knowing that our impact on the environment is minimal.
Introducing the WUI Midland Urban Interface)
2020-21 1 SunriverChambercom 85
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Re
a
Deschutes
County Natural Hazard
Code1 • �� - -
Prepared for:
Deschutes County
Prepared by:
Community Planning Workshop
A Program of the
Community Service Center
csc.uoregon.edu/cpw
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The Oregon Forestland'UrbanInterface Fire Protection 'Act, commonly referre
d toasSenateBiU36O enlists property owners inturning fire -vulnerable urban and
suburban properties into less -volatile zones where firefighters may more safely and
efhectiva|ydefend homes from wildfires. The |ev requires property i
identified forest|ond'urbaninterface areas
ce' excess
structures and along drivew/ays In itisa|sone -~-'---''~'~~''~
. ' cessarytocreatefue/
breaks along property Unesand roadsideu.a
Oregon Statewide Planning Goal 7
Planning for natural hazards isan integral elementof Oregon's statewide land use
planning program, which began in19/3 �with —pasuo�eof3enateBiUlOO All
Oregon counties and c�ieshave connpnehensiveplans and imnp|ementin8 '
ordinances that are required tocomply with the 19statewide planning goals that
direct the state's policies on land use issues. Statewide land use planning Goal 7,
'
po/icie4and ordinances toguide deve|opnnentin, nram/ay�omn hazard areas
ordert ' �
" natural hazards.
Natural hazards considered for purposes of Goal 7are: wildfires, floods (coastal and
rk/erine)landslides, earthquakes, tsunamis, and coastal erosion. Local
governments may identify and plan for other natural hazards as they apply.
Overview of Natural Hazards in Deschutes County
Table 1 bc|oxv displays the Natural Hazards Mitigation Plan hazard analysis matrix
for Deschutes County (updated 2015). The hazards are listed in rank order from
high to low. The table shows that hazard scores are influenced by each of the four
categoriescombined.VVithconsi�erationsforh|sturica1events,theprobabi/|tyor
likelihood of a particular hazard event occurring, the vulnerability to the
community, and the maximum threat orworst-case scenario are listed inthe tab|o
VVi|dfireevents rank asone ofthe top hazard threats tothe county (top ded whi|—
floodeventsere|ixtedasoneofthe|ovvepronkedhozavdsinthecounty(b�''nmn �
tier).For local governnmonts,conducbngthe hazard analysis isausefu|ote'"�
planning for hazard mitigation, response, and recovery. The mne�hodprmvip'"the
jurisdiction vvithsense ofhazard priori1ies but """
, the
particular hazard. Both �oodsand vvi|d�resare consid '�---' ''
Deschutes County and can bedirectly nnibgatedthrough
e'emetopprior|tyby
6., Oregon Forestland-Urban Interface Fire Protection Act." Oregon Department of Forestry. Accessed
June 8,Z015. Available at:
Page 14
Community Planning Workshop
K A R N O P P
PETERSEN L L P
A'I T U R N L Y S A] LAW
January 14, 2021
Via email only: kga@integra.net
Karl G. Anuta
Law Office of Karl G. Anuta, PC
735 SW First Avenue
Portland, Oregon 97204
Re: Sunriver/Douglas Hoschek and Tina 16'Jlachuca
Dear Karl:
I am writing in connection with Douglas Hoschek and Tina Machuca's on -going
concerns about the risk of wildfire in Sunriver, Oregon. Mr. Hoschek, in particular,
continues to regularly contact The Sunriver Owners Association ("SROA') board
members and staff with his concerns about the community wildfire risk. For example,
since March 2020, Mr. Hoschek has sent more than 200 emails about wildfire risk to
James Lewis, the General Manager of SROA; he has also recently advised SROA could
expect to hear from his attorney in the future. The volume of email and other
communication from Mr. Hoschek has become overwhelming and, as a result, hazards
becoming counter -productive. SROA has asked our office to reach out to you, hoping
that we can work together to improve the parties' communications on this important
issue.
No one disputes the importance of managing the risk of wildfire in Sunriver. SROA
focuses significant attention on its important role in a coordinated forestland-urban
interface fire protection system in collaboration with other community partners and
governmental entities, such as the Oregon Department of Forestry ("ODF"), the Sunriver
Fire Department, the U.S. Forest Service, and Deschutes County. SROA has entered into
a cooperative agreement with ODF under the auspices of the Oregon Forestland-Urban
Interface Fire Protection Act to provide for this system ("Cooperative Agreement").' The
Cooperative Agreement relies, in part, on SROA's Ladder Fuels Reduction Plan ("LFR
Plan"),' and requires that SROA must inspect all lands within Sunriver for compliance
with the LFR Plan at least once every three years. SROA exceeds that requirement,
currently carrying out an inspection at least every other year. SROA also adopted an
A copy of the Cooperative Agreement is attached.
2 A copy of the LFR Plan can be found at https://www.sunriverowners.org
/1-iome/showl2ublisheddocument?id=308 (last visited January 13, 2021).
5539.10611630424 5
360 SW BOND STREET, SUITE 400, BEND, OR 97702 1541.382.3011 1 FAX: 541.388.5410 1 WWW.KARNOPP.COW,
Karl G. Anuta
January 14, 2021
Page 2
enforcement rule to address any owner's failure to comply with the LFR Plan, which
includes fines. See Sunriver Rules and Regulations, § 4.01 B.3
In late 2020, SROA and its public partners—ODF, Sunriver Fire Department, Sunriver
Service District, and Deschutes County —completed the latest update to the Sunriver
Community Wildlife Protection Plan ("Sunriver CWPP").' In 2021, SROA will be
updating the LFR Plan with the assistance and input of its governmental partners, staff,
and other stakeholders, including Sunriver owners.
This letter is not comprehensive and is intended only to offer a general overview of some
of SROA's wildfire prevention efforts; many of its related activities are not listed here.
Nonetheless, we wanted to show, at least at a high level, that SROA allocates substantial
resources to manage the wildfire risk in Sunriver. SROA's Natural Resources Department
is primarily responsible for implementing SROA's numerous wildfire prevention and
response activities, including its duties under the Cooperative Agreement, the LFR Plan,
and the Sunriver CWPP. In 2020, the Natural Resource Department's budget alone was
approximately $737,000 of which about 77% was dedicated to wildfire risk management.
Obviously wildfire risk cannot be eliminated in Sunriver, but SROA has long been
committed to discharging its duties to abate that risk in a manner that it believes to be in
the best interest of the entire community. Mr. Hoschek and Ms. Machuca are apparently
not satisfied with that effort, but it is not entirely clear to SROA what changes they are
seeking. If after reviewing the materials we have provided here they continue to have
concerns, we ask Lnat yVU p1Uv1uC a MI LCu �,uuuiiaiy vi Luvac aiiu tu%,ii
proposed solutions. SROA is sincere in this request and asked that we note its
appreciation for Mr. Hoschek's suggested revision to the fine schedule for violations of
the fireworks prohibition in the Sunriver Rules and Regulations.
SROA will consider your clients' response in good faith, but it, of course, cannot
guarantee that it will agree with your clients' concerns or their proposed solutions. SROA
must continue to exercise its discretion to act in the best interest of the entire Sunriver
community in light of its legal duties and many other considerations.
A copy of the Sunriver Rules and Regulations can be found at
https://www.sunriverowners.org/home/showdocument?ld=322 (last visited January 13,
2021).
4 A copy of the Sunriver CWPP can be found at
http://www.projectwildfire.or./cUps (last visited January 13, 2021).
5539. 106\1680424 5
Karl G. Anuta
January 14, 2021
Page 3
If you have any questions, please direct them to my partner, Josh Newton, whose practice
centers on natural resources issues such as these. We appreciate your consideration.
Very truly yours,
KURT BARKER
KEB/cph
Enclosures
cc: James Lewis
SROA Board of Directors
Josh Newton
5339.10e\1680424s
ES COG
o 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 BOCC Wednesday Meeting of April 21, 2021
DATE: April 15, 2021
FROM: Tanya Saltzman, Community Development,
TITLE OF AGENDA ITEM:
DELIBERATIONS: Marijuana Housekeeping Text Amendments
The Board of County Commissioners will conduct deliberations on April 21, 2021 concerning
Ordinance No. 2021-004, legislative amendments to codify Deschutes County's recent "opt out" of
new marijuana production and processing businesses, and to clarify several other marijuana -
related topics. A public hearing was held with the Board on March 31, 2021, at which time the oral
record was closed and the written record was left open until April 14, 2021.
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: April 15, 2021
SUBJECT: Deliberations: Marijuana Housekeeping Text Amendments
I. OVERVIEW
The Board of County Commissioners (Board) will conduct deliberations on April 21, 2021 concerning
Ordinance No. 2021-004, legislative amendments to codify Deschutes County's recent "opt out" of
new marijuana production and processing businesses, and to clarify several other marijuana -related
topics.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development (DLCD) on February 24, 2021. Staff reviewed the proposed
amendments with the Planning Commission on March 11, 2021.' A work session with the Board was
held on March 22, 2021,2 at which time the complete record was provided. A public hearing was held
with the Board on March 31, 2021,3 at which time the oral record was closed and the written record
was left open until April 14, 2021.
II. WRITTEN RECORD
No public comments have been received concerning the proposed amendments during the open
record period.
I11. HEARING TESTIMONY AND DISCUSSION
During the public hearing, four individuals provided testimony. Some testimony expressed
dissatisfaction regarding the opt -out in general, which is not specifically relevant to the proposed text
' https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2738
Z https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2685
3 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2688
amendments. Additional testimony focused on the ability of existing licensed businesses (which
would now be subject to the provisions for nonconforming uses) to expand or alter their permit and
concerns about adverse impacts to those businesses. Lastly, some testimony expressed concerns
that the hearing/the proposed amendments were not publicized or shared adequately (for instance,
on the Community Development web page that discusses the opt -out vote). Below, staff aims to
provide additional information concerning the nonconforming use status.
Nonconforming Uses
The treatment of existing marijuana businesses as nonconforming uses is directed by Senate Bill 365
(2019) and Oregon Revised Statutes (ORS) 475B.077, which states in part, "A premises for which a
marijuana producer holds a production license issued under ORS 47513.070 (Production license) and
that is located in an area subject to the jurisdiction of a city or county that has adopted a prohibition
under ORS 47513.968 (Adoption of ordinances) on marijuana production, or has adopted or amended
a county or local ordinance that causes marijuana production to be a nonconforming land use, since
the date on which the production license was first issued may continue to be used to produce
marijuana."4 The proposed amendments do not alter the rights or opportunities for existing
businesses but rather incorporate state statute into Deschutes County Code.
With the text amendments in question, the County is governing existing marijuana uses that are no
longer permitted as new uses as the County does for other nonconforming uses. All nonconforming
uses in the County must meet standards of "no adverse impact" for an expansion. While the phrase
"no adverse impact" is not specifically defined in code, the land use process in both the County and
in Oregon interprets and applies that phrase on a %asc-by-%a5e ua5i5 in a lair alw egl.11laulC lilailICI
.
In this sense, marijuana businesses are subject to the same provisions —neither more nor less
stringent —than other nonconforming uses.
IV. NEXT STEPS
At the conclusion of the meeting, the Board can:
• Continue deliberations to a date certain;
• Close deliberations and propose a first and second reading (if adopting by emergency) during
this meeting;
• Close deliberations and propose a first reading during this meeting or at a future meeting, if
not adopting by emergency.
Attachments:
1. Ordinance No. 2021-004 - Emergency
2. Corresponding Exhibits to Ordinance No. 2021-004:
Exhibit A - DCC Chapter 18.16, Exclusive Farm Use Zones
Exhibit B - DCC Chapter 18.32, Multiple Use Agricultural Zone - MUA
Exhibit C - DCC Chapter 18.66, Terrebonne Rural Community Zoning Districts
4 https://www.oregonlaws.org/ors/475B.077
Page 2 of 3
Exhibit D - DCC Chapter 18.67, Tumalo Rural Community Zoning Districts
Exhibit E - DCC Chapter 18.100, Rural Industrial Zone - R-I
Exhibit F - DCC Chapter 18.108, Urban Unincorporated Community Zone - Sunriver
Exhibit G - DCC Chapter 18.116, Supplementary Provisions
Exhibit H - Findings
Page 3 of 3
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning, to Incorporate
"Housekeeping" Changes that Ensure that the
Deschutes County Code is Consistent with the * ORDINANCE NO. 2021-004
Results of the "No" Vote on Ballot Measure 9-134
and to Provide Clarification of Existing Regulations
Regarding Marijuana and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000168-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.16,
Exclusive Farm Use Zones; 18.32, Multiple Use Agricultural Zone; 18.66, Terrebonne Rural Community Zoning
Districts; 18.67, Tumalo Rural Community Zoning Districts; 18.100, Rural Industrial Zone — R-I; 18.108, Urban
77..7.�...,..por.,ted C,...,.,,univ, Zone — S11 lyer• a"A 12 1 1 (A Ciwnnlam Pntnry Prnviginnc• to ensure that the DCC is
Unincorporated u{.�/u �V111111uiai �.7 , and
,
consistent with the results of the "No" vote on Ballot Measure 9-134, and to provide clarification of existing
regulations regarding marijuana; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 11,
2021; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on March 31, 2021 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.16. Exclusive Farm Use, 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 strike
Section 2. AMENDMENT. DCC 18.32. Multiple Use Agriculture, 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.2021-004
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 fi e
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 18.100. Rural Industrial Zone — R-I, 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 tfikethr-eush.
Section 6. AMENDMENT. DCC 18.108. Urban Unincorporated Community Zone - Sunriver, 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 strikethr-ough..
Section 7. AMENDMENT. DCC 18.116. Supplementary Provisions, 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 stfike oar
Section 8. FINDINGS. The Board adopts as its findings, Exhibit "H" attached and incorporated by
reference herein.
PAGE 2 OF 3 - ORDINANCE NO.2021-004
Section 9. EMERGENCY. This Ordinance being necessary to ensure consistency with the "No" vote
on Ballot Measure 9-134 and for the immediate preservation of the public peace, health, safety, and welfare, an
emergency is declared to exist, and this Ordinance becomes effective immediately.
Dated this of 12021 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHILIP CHANG, Vice Chair
ATTEST:
Recording Secretary PATTI ADAIR
Date of 1" Reading: day of , 2021.
Date of 2nd Reading: day of 12021.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Philip Chang
Patti Adair
Effective date: day of , 2021.
PAGE 3 OF 3 - ORDINANCE NO.2021-004
Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.020. Uses Permitted Outright.
18.16.025. Uses Permitted Subject 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.
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.
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, 468B.053 or 468B.055, or in compliance with rules adopted under ORS
Chapter 18.16 1 (4/2021)
EXHIBIT A TO ORDINANCE NO. 2021-004
468B.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).
-f-hiy - �=€➢''-i--l-f:>31' �i-i -� `';:=--�zES- (.Lr`r. ,3'0,
(Ord, 20 f 1.004 �1 ?021;_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 and 2, 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, 1981)
18.16.025. Uses Permitted Subject 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.
A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings), subject to DCC
18.16.050.
B. A ralat; va farrlui m accictanra r Men ina hiact to DC 1 u 1 050
C. Religious institutions or assemblies and cemeteries in conjunction with religious institutions or
assemblies consistent with ORS 215.441 and OAR 660-033-0130(2) on non -high value farmland.
D. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use, subject to Oregon Administrative Rules 660-033-0130.
E. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating electrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in:
1. DCC 18.16.038(A); or
2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS
469.300.
F. Winery, as described in ORS 215.452.
G. Farm stands, subject to DCC 18.16.038.
H. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
I. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141,
if the facility is located on a farm operation that provides at least one -quarter of the farm crops processed
at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products
pursuant to ORS 603.038.
1. If a building is established or used for the processing facility or establishment, the farm operator may
not devote more than 10,000 square feet of floor area to the processing facility or establishment,
exclusive of the floor area designated for preparation, storage or other farm use .
2. A processing facility or establishment must comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the processing facility.
Chapter 18.16 2 (4/2021)
EXHIBIT A TO ORDINANCE NO. 2021-004
3. The County shall not approve any division of a lot or parcel that separates a processing facility or
establishment from the farm operation on which it is located.
J. Agri -tourism and other commercial events and activities subject to DCC 18.16.042.
K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January 1,
2013, when:
1. The number of dogs participating in training does not exceed 10 per training class and the number
of training classes to be held on -site does not exceed six per day; and
2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing
trials to be conducted on -site does not exceed four per calendar year.
(L)r& 202 1-O04 � 1 �021_., Ord. 2020-001 §3, 2020; Ord. 2016-015 §2, 2016; Ord. 2014-010 §1, 2014; Ord.
2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-
001 §2, 2008; Ord. 2004-001 §2, 2004)
Chapter 18.16 3 (4/2021)
EXHIBIT A TO ORDINANCE NO. 2021-004
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA
18.32.030. Conditional Uses Permitted.
18.32.030. Conditional Uses Permitted.
The following uses may be allowed subject to DCC 18.128:
A. Public use.
B. Semipublic use.
C. Commercial activities in conjunction with farm use. The commercial activity 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 in Deschutes County or an
adjoining County.
D. Dude ranch.
E. Kennel and/or veterinary clinic.
F. Guest house.
G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth
in DCC 18.116.070.
H. Exploration for minerals.
I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and
other recreational uses.
J. Personal use landing strip for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. No aircraft may be based on a personal -use landing strip 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 Aeronautics Division in
specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall
continue to be permitted subject to any applicable regulations of the Aeronautics Division.
K. Golf courses.
L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
M. A facility for primary processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with farm uses described in
ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable.
These facilities are intended to be only portable or temporary in nature. The primary processing
of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill
or other similar method of initial treatment of a forest product in order to enable its shipment to
market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land
or contiguous land where the primary processing facility is located.
N. Destination resorts.
O. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ)
of the site is submitted with the conditional use application.
R. Time-share unit or the creation thereof.
S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic
concrete or Portland cement concrete, when such uses are in conjunction with the maintenance
or construction of public roads or highways.
U. Bed and breakfast inn.
Chapter 18.32 (4/2021)
EXHIBIT B TO ORDINANCE NO. 2021-004
V. 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.
W. Religious institutions or assemblies, subject to DCC 18.124 and 18.128.080.
X. Private or public schools, including all buildings essential to the operation of such a school.
Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124.
Z. Cemetery, mausoleum or crematorium.
AA. Commercial horse stables.
BB. Horse events, including associated structures, not allowed as a permitted use in this zone.
CC. Manufactured home park or recreational vehicle 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.
DD.A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules
660-004-0040(7)(g) that:
1. Is on property adjacent to an existing manufactured home/recreational vehicle park;
2. Is adjacent to the City of Bend Urban Growth Boundary; and
3. Has no more than 10 dwelling units.
EE. The full or partial conversion from a manufactured home park or recreational vehicle park
described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on
the same parcel, as configured on June 12 1996.
FF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
GG. Guest lodge.
HH. 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
motari��
a ..u.
of F-A 18' 1-116, 3,4
..C___-_'\ a'r`iij-t ii'ie-jlio'w'P':-1f III t31 1X" i iir.i:�{-%
( Vd 02J._00,1 _>0"� I Ord. 2020-001 §4, 2020; Ord. 2016-015 §3, 2016; Ord. 2015-002 §1, 2015;
Ord. 2009-018 § 1, 2009; Ord. 2004-002 §4, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001;
Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997; Ord. 96-038 §1, 1996; Ord.
94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord.
91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §§27 and 35, 1990; Ord. 91-005 §§19 and 20,
1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980)
Chapter 18.32 (4/2021)
EXHIBIT B TO ORDINANCE NO. 2021-004
Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
18.66.040. Commercial (TeC) District.
18.66.050. Commercial -Rural (TeCR) District.
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 the 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 18.1248:
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).
3. Child care facility and/or preschool.
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 community sewer system as defined in OAR
660-22-010(2).
2. Recreational vehicle park.
3. Religious institutions or assemblies.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Public or private school.
6. Park.
7. Public or semi-public building.
8. Medical center in a building or buildings not exceeding 4,000 square feet of floor space.
9. Utility facility.
10. Water supply or treatment facility.
11. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square
feet of floor space.
Chapter 18.66 1 (4/2021)
EXHIBIT C TO ORDINANCE NO.2021-004
12. 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.
13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
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.
_�-rq,-3��xt`1'tl.dzin£i��{'(if-<-�rz9i>rz�e,_xsL�7f'.4=�-�%3 ii3'u-�3it�i?ist%➢33's F3i-�-�� �- �i-ct:a �ri3:J.�%�
l i _>. 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 permit.
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 finds:
a. The use is intended to serve the community 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
Terrebonne 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
ground 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.
1. 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).
Chapter 18.66 2 (4/2021)
EXHIBIT C TO ORDINANCE NO.2021-004
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(I)(4).
4. Exceptions to Yard Standards.
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 common property line.
rci. 20? 1-004. .20'21 � Ord. 2020-010 3, 2020; Ord. 2020-001 7, 2020; 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)
18.66.050. Commercial -Rural (TeCR) District.
The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses common to a
farming community.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require
site plan review:
1. Single-family dwelling 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 the 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 occupied by any
combination of the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Office.
d. Residential use in the same building as a use listed in DCC 18.66.050.
e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at
the same location.
2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of
floor area in a building or buildings, subject to provisions of DCC 18.66.050(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. Religious institutions or assemblies.
2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
3. Park.
4. Public or semi-public building.
5. Utility facility.
6. Water supply or treatment facility.
7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000
square feet of floor area.
Chapter 18.66 3 (4/2021)
EXHIBIT C TO ORDINANCE NO.2021-004
8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space
to be occupied by any combination of the following uses:
a. Manufacturing or production.
b. Wholesale sales.
c. Mini -storage.
d. Truck terminal.
e. Farm or contractor equipment storage, sales, service or repair.
f. Uses that require proximity to rural resources, as defined in OAR 660-04-022- (3)(a).
9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
10. 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.
-1-2-1 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 18.66.050(B) and
(C).
1. Sewer and Water Requirements.
a. 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 permit.
b. The County shall notify the Tenebonne Domestic Water District of land use actions made under
DCC 18.66.
2. Compatibility.
a. Any use on a lot adjacent to a residential district shall not emit odor, dust, fumes, glare, flashing
lights, noise, or similar disturbances perceptible without instruments more than 200 feet in the
.lirertinn of thr nffr rtad racidi-ntial lnt
of
b. Any use expected to generate more than 50 truck -trailer, contractors and/or farm heavy
equipment trips per day to and from the subject property shall not locate on a lot or parcel adjacent
to or across a local or collector road from a lot or parcel in a residential district.
c. No use shall be permitted that has been declared a nuisance by state statute, County ordinance or
a court of competent jurisdiction.
d. No use requiring an air containment discharge permit shall be approved by the Planning Director
or Hearings Body before review by the applicable state or federal permit -reviewing authority.
Such uses shall not be located adjacent to or across a local or collector road from a lot or parcel
in a residential district.
3. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak 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 permitted by DCC 18.66 shall be accommodated entirely
on the premises.
c. Site design shall not require backing of traffic onto a public or private road right-of-way.
4. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or
Hearings Body may require:
a. An increased setback requirement.
b. Additional off-street parking and loading facilities.
c. Limitations on signs, lighting, hours of operation and points of ingress and egress.
d. Additional landscaped buffering and screening improvements.
E. Requirements for Large Scale Uses.
Chapter 18.66 4 (4/2021)
EXHIBIT C TO ORDINANCE NO.2021-004
1. All uses listed in DCC 18.66.050(B) may be allowed to occupy a total floor area exceeding 4,000
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;
b. The use will primarily employ a work force from the community and surrounding rural area; and
c. It is not practical to contain the proposed use within 4,000 square feet of floor area.
2. This provision does not apply to uses listed in DCC 18.66.050(C)(8).
3. For purposes of DCC 18.66.050(E), the surrounding rural area described by the Terrebonne 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 TeCR District except those containing uses listed in DCC
18.66.050(C)(8). The provisions of DCC 18.124 also apply.
1. The window area shall be at least 50 percent of the length of the ground level wall area and 25 percent
of height of the ground 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. No lot shall be created less than a minimum of 10,000 square feet. Lot requirements
for this district shall be determined 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. Mn iice listed in DCC 1 8.66.050(c)(R) that is located adjacent to or across a. local or collector road
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)(b).
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 18.66.050(I)(4).
3. Rear Yard. No specific requirement, subject to DCC 18.66.050(I)(4).
4. Exceptions to Yard Standards.
a. Lot line adjacent to a residential zone. For all new structures requiring a building permit on a lot
adjacent to a residential district, the setback shall be a minimum of 15 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 set back a minimum
of 100 feet from the common property line.
(O d._2021=004��3202_1 Ord. 2020-001 §7, 2020; Ord. 2016-015 §5, 2016; Ord. 2015-004 §4, 2015; Ord.
2004-002 §16, 2004; Ord. 2001-039 §7, 2001; Ord. 2001-016 §2, 2001; Ord. 97-003 §2, 1997)
Chapter 18.66 5 (4/2021)
EXHIBIT C TO ORDINANCE NO.2021-004
Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS
18.67.040. Commercial (TuC) District.
18.67.060. Industrial (TuI) District.
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 II 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
the 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).
3. Child care facility and/or preschool.
C. 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. Religious institutions or assemblies.
2. Bed and breakfast inn.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Park.
5. Public or semi-public building.
6. Utility facility.
7. Water supply or treatment facility.
8. 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.
9. 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.
Chapter 18.67 1 (4/2021)
EXHIBIT D TO ORDINANCE NO.2021-004
d. Veterinary clinic.
10. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of
floor space:
a. Manufacturing or production.
b. Wholesale sales.
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ck. Marijuana retailing, subject to the provisions of DCC 18.116.330.
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.
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 heavy equipment trips per day to
and from the subject property shall not be permitted 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 truck trips during the peak 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 permitted 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 .gnnsre 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;
b. The use will primarily employ a work force from the community 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).
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-R11E; extending south to
the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E 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 least 50 percent of the length of the ground level wall area and 25 percent of
height of the ground 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.
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 determined 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.
Chapter 18.67 2 (4/2021)
EXHIBIT D TO ORDINANCE NO.2021-004
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 (13)(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 15 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 set back a minimum of
100 feet from the common property line.
(01 ri. 202, i 001 "At , 2021: Ord. 2020-010 §4, 2020; Ord. 2020-001 §8, 2020; 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 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997)
18.67.060. Industrial (TuI) District.
The purpose of the Industrial District is to allow a limited range of industrial uses to serve the
community and the surrounding area.
A. Uses permitted outright. The following uses and their accessory uses are permitted outright:
1. Industrial uses in existence on the date of adoption of the Unincorporated Communities rule,
OAR 660-022 (October 28, 1994);
2. Office buildings associated with industrial uses in existence on the date of adoption of the
Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
3. Restaurants and cafeteria facilities associated with industrial uses in existence on the date of
adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
4. Residence for caretaker or night watchman on property with industrial uses in existence on
the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28,
1994);
5. Equipment storage associated with industrial uses in existence on the date of adoption of the
Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
6. 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.
7. Class III road or street project.
8. 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 in a building or buildings not to exceed 40,000 square feet of floor area, subject to the
applicable provisions of DCC 18.67, 18.116, and 18.124.
1. Expansion or replacement of uses allowed under DCC 18.67.060(A);
2. Office buildings associated with industrial uses;
3. Restaurant and cafeteria facilities associated with industrial uses;
4. Residence for caretaker or night watchman on property with industrial uses;
Chapter 18.67 3 (4/2021)
EXHIBIT D TO ORDINANCE NO.2021-004
5 Equipment storage associated with industrial uses;
6. Primary processing, packaging, treatment, bulk storage and distribution of the following
products:
a. Agricultural products, including foodstuffs, animal and fish products, and animal feeds.
b. Ornamental horticultural products and nurseries.
c. Softwood and hardwood products excluding pulp and paper manufacturing.
d. Sand, gravel, clay and other mineral products.
7. Freight depot, including the loading, unloading, storage and distribution of goods and
materials by railcar or truck;
8. Contractor's or building materials business and other construction -related business including
plumbing, electrical, roof, siding, etc.;
9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building
or all outside storage is enclosed by site -obscuring fencing.
10. Mini -storage facility.
11. 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;
12. Any industrial use proposing to occupy more than 40,000 square feet of floor area in a
building or buildings is subject to the provisions of DCC 18.67.060(C) and (D).
1Il
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C. 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. Any use permitted by DCC 18.67.060(B) which will exceed 40,000 square feet of floor area;
G. I" ady Concrete or redUY 11112L 1JMIR
3. Stockpiling, storage, crushing and processing of minerals, including the processing of
aggregate into asphaltic concrete or Portland Cement Concrete;
4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses
to be carried on.
6.5. Marijuana retailing, subject to the provisions of DCC 18.116.330.
D. Use limitations. The following limitations and standards shall apply to all permitted uses:
1. A new industrial use may occupy more than 40,000 square feet of floor area in a building or
buildings provided an analysis set forth in the comprehensive plan demonstrates and land use
regulations ensure:
a. The use will primarily employ a work force from the community and surrounding rural
area and will not rely upon a work force served by uses within urban growth boundaries.
The determination of the work force of the community shall consider the total industrial
employment in the community and surrounding rural area and be coordinated with
employment projections for nearby urban growth boundaries; and
b. It is not practical to contain the proposed use within 40,000 square feet of the floor area.
2. For the purposes of DCC 18.67.060, 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-R11E;
extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E
sections 1,2,3; and extending east to Highway 97.
Chapter 18.67 4 (4/2021)
EXHIBIT D TO ORDINANCE NO.2021-004
E. Dimensional standards. In the Industrial Zone, the following dimensional standards shall apply:
1. The minimum lot size shall be determined subject to the provisions of DCC 18.67.060
relative to setback requirements, off-street parking and loading, and as deemed necessary by
the Planning Director or Hearings Body, to maintain air, water and land resource quality and
to protect adjoining and area land uses.
2. The minimum building setback between a structure and a street, road or railroad right-of-way
line shall be 25 feet unless a greater setback is required for compliance with Comprehensive
Plan policies.
3. The minimum setback between a structure and a property line adjoining a residential lot or
use in a platted subdivision or residential zone shall be 50 feet.
4. The minimum setback between a structure and an existing use shall be three feet from the
property line and six feet from a structure on the adjoining property.
5. The maximum building height shall be 45 feet on any lot adjacent to a residential use or lot
in a platted subdivision or residential zone.
6. The minimum lot frontage shall be 50 feet.
7. 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
minimum of 100 feet from the common property line.
F. Industrial Site design. The site design of any permitted 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
and neighboring residential uses and to minimize intrusion into the character of existing
developments in the immediate vicinity of the proposed use.
G. Design and use criteria. In the consideration of an application for a new industrial use, the
Planning Director or Hearings Body shall take into account the iiiipact of the proposed use on
nearby residential and commercial uses, on resource carrying capacities and on the capacity of
transportation and other public facilities and services. In approving a proposed use, the Planning
Director or Hearings Body shall find that:
1. The new use is in compliance with the Comprehensive Plan.
2. The new use is in compliance with the intent and provisions of DCC Title 18.
3. That any adverse social, economical, physical or environmental impacts are minimized.
H. Additional requirements. As a condition of approval, the Planning Director or Hearings Body
may require:
1. An increase in required setbacks.
2. Additional off-street parking and loading facilities.
3. Limitations on signs or lighting, hours of operation, and points of ingress and egress.
4. Additional landscaping, screening and other improvements.
5. Any other conditions considered necessary to achieve compliance with the intent and
purposes of DCC Title 18 and policies of the Comprehensive Plan.
I. For purposes of this chapter, a new industrial use does not include industrial uses in existence on
the date of Ord. 2005-16. Unless expanded or altered, industrial uses in existence on the date of
adoption of the TUI District are not subject to the requirements of 18.67.060(B) or 18.67.060(C).
(�Jrd,_2021-004 6.4, 202I Ord. 2016-015 §6, 2016; Ord. 2015-004 §6, 2015; Ord. 2005-016 §2,
2005)
Chapter 18.67 5 (4/2021)
EXHIBIT D TO ORDINANCE NO.2021-004
Chapter 18.100. RURAL INDUSTRIAL ZONE - R-I
18.100.010. Uses Permitted Outright.
18.100.020. Conditional Uses.
18.100.010. Uses Permitted Outright.
In an R-I Zone, the following uses and their accessory uses are permitted outright except as limited by DCC
18.100.040, and unless located within 600 feet from a residential dwelling, a lot within a platted subdivision
or a residential zone.
A. Farming or forest use.
B. Primary processing, packaging, treatment, bulk storage and distribution of the following products:
1. Agricultural products, including foodstuffs, animal and fish products, and animal feeds.
2. Ornamental horticultural products and nurseries.
3. Softwood and hardwood products excluding pulp and paper manufacturing.
4. Sand, gravel, clay and other mineral products.
C. Residence for caretaker or night watchman on property.
D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by railcar
or truck.
E. Contractor's or building materials business and other construction -related business including plumbing,
electrical, roof, siding, etc., provided such use is wholly enclosed within a building or no outside storage
is permitted unless enclosed by sight -obscuring fencing.
F. Ice or cold storage plant.
G. Wholesale distribution outlet including warehousing, but excluding open outside storage.
H. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside
storage is enclosed by sight -obscuring fencing.
I. Kennel or a Veterinary clinic.
J. Lumber manufacturing and wood processing except pulp and paper manufacturing.
K. 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.
L. Class III road or street project.
M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except
as provided in DCC 18.120.050.
i`,-IN��t/P 3.j'c�'n-i�1-i'S'i'4<,.
l ' 1; 1-1-63 1"0.
(o di 20211 00 F_�% 2 0 1_Ord. 2016-015 §8, 2016; Ord. 2015-004 §8, 2015; Ord. 2002-126, §1, 2002; Ord.
2001-039 §12, 2001; Ord. 2001-016 §2, 2001; Ord. 93-043 §16, 1993; Ord. 91-038 §1, 1991)
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.
Chapter 18.100 1 (4/2021)
EXHIBIT E TO ORDINANCE NO. 2021-004
H. Pulp and paper manufacturing.
I. Any use permitted by DCC 18.100.010, 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.
L. Public Landfill Transfer Station, including recycling and other related activities.
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.
-i 1\4a i(,. 11--''a-1riitg-(aeIudHi-4�--£i�ix3<i4i%i-�C�I �I ..:,:�i€i. �C.7.--.'�il�j,_e$1 .`t�.�- 1-6 3, _''•�0
'Ou 1=_Ord. 2018-006 §12, 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
001. Ord. 91-020 R 1 100 1. Ord 90-014 91 R 1 QQ(). Ord Rh-n i R R 1,; 1 QR6I
Chapter 18.100 2 (4/2021)
EXHIBIT E TO ORDINANCE NO.2021-004
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER
18.108.110. Business Park— BP District.
18.108.110. Business Park - BP District.
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. Residential uses existing as of March 31, 1997.
2. Administrative, educational and other related facilities in conjunction with a use permitted outright.
3. Library.
4. Recreational path.
5. Post office.
6. Religious institutions or assemblies.
7. Child care facilities, nurseries, and/or preschools.
8. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination
of-
Retail/rental store, office and service establishment, including but not limited to the following:
a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or
maintenance business, including tire stores and parts stores.
b. Agricultural equipment and supplies.
c. Car wash.
d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air
conditinnina nainter etc„
e. Construction equipment sales, rental and/or service.
f. Exterminator services.
g. Golf cart sales and service.
h. Lumber yard, home improvement or building materials store.
i. Housekeeping and janitorial service.
j. Dry cleaner and/or self-service laundry facility.
k. Marine/boat sales and service.
1. Restaurant, bar and cocktail lounge including entertainment.
P'aft .-c.znii
) FC- ci i..l... ; .. �i- ..
in). Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at
the same location.
9. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination
of
a. Scientific research or experimental development of materials, methods or products, including
engineering and laboratory research.
b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared
materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or
stones, etc.
c. Manufacture of food products, pharmaceuticals and the like, but not including the production of
fish or meat products, or the rendering of fats and oils.
d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of
floor area.
10. Employee housing structures.
Chapter
18.108 1 (4/2021)
EXHIBIT F TO ORDINANCE NO.2021-004
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128
and a conditional use permit:
1. Public buildings and public utility structures and yards, including railroad yards.
2. A dwelling unit for a caretaker or watchman working on a developed property.
3. Law enforcement detention facility.
4. Parking lot.
5. Radio and television broadcast facilities.
6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination
of:
a. Bowling alley.
b. Theater.
c. Veterinary clinic and/or kennel.
18,.1..16e
ed. Marijuana retailing, subject to the provisions of DCC 18.116.330.
7. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination
of:
a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of floor
area.
b. Distillery and beer/ale brewing facility, including wholesale sales thereof.
c. Self/mini storage.
d. Trucking company dispatch/terminal.
e. Solid waste/garbage operator, not including solid waste disposal or other forms of solid waste
storage or transfer station.
C. Use Limits. The following limitations and standards shall apply to uses listed in DCC 18.108.110(A) or
(B):
1 . A use expected to-enerate more than 3Q tni 1C-trader or fluter heavy i-niiipr ent trinq ner day to Rnd
from the subject property shall not be permitted to locate on a lot adjacent to or across the street from
a lot in a residential district.
2. Storage, loading and parking areas shall be screened from residential zones.
3. No use requiring air 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 the street from a residential lot.
D. Special Requirements for Large Scale Uses.
Any of the uses listed in DCC 18.108.110(A)(6) or (B)(6) may be allowed in a building or buildings each
exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds:
1. That the intended customers for the proposed use will come from the community and surrounding
rural area, or the use will meet the needs of the people passing through the area. For the purposes of
DCC 18.108.110, the surrounding rural area shall be that area identified as all property within five
miles of the boundary of the Sunriver Urban Unincorporated Community;
2. The use will primarily employ a work force from the community and surrounding rural area; and
3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor
space.
E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to
exceed 45 feet in height.
F. Lot Requirements. The following lot requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. Each lot shall have a minimum depth of 100 feet.
4. Front Yard. The front yard shall be a minimum of 25 feet.
Chapter
18.108 2 (4/2021)
EXHIBIT F TO ORDINANCE NO.2021-004
5. Side Yard. No side yard required, except when adjoining a lot in an RS or RM District and then the
required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a
railroad right of way.
6. Rear Yard. No rear yard required, except when adjoining a lot in an RS or RM District and then the
rear yard shall be 50 feet. No rear yard is required on the side of a building adjoining a railroad right
of way.
7. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total
lot area.
G. Special Requirements for Employee Housing
1. The following definitions shall apply to DCC 18.108.110(A)(10):
"Employee" shall mean a person who earns a living by working in the hospitality, food and
beverage, outdoor recreation or tourism industry (i) in or within two (2) miles of the Sunriver
Urban Unincorporated Community Boundary, or (ii) at Mt. Bachelor Ski and Summer Resort.
"Employer" shall mean a person or entity who employs at least 50 full- or part-time Employees,
as defined above, within the Sunriver Urban Unincorporated Community.
"Employee Housing Structure" shall mean a dormitory or similar dwelling structure whose sole
purpose is to serve the housing needs of Employees, and the occupancy of which is restricted to
Employees. For the purposes of this section, "dormitory" is defined as a building primarily
providing sleeping and residential quarters for large numbers of people, and may include common
areas and kitchen facilities.
2. Employee's spouse, partner and minor children shall only be allowed if compelled by either state
or federal law.
3. Employee Housing Structures must be owned and operated by an Employer.
4. Employees, as defined above, who are not employed by an Employer, as defined above, shall
only be permitted to reside in an Employee Housing Structure if the Employee's employer has a
signed housing agreement with the Employer operating the Structure.
5, Parking Requirements, F.mpinvee 14nusing Structures must provide as a minimum one vehicular
parking space for every 3 beds provided, and bicycle parking for at least one space for every two
beds provided.
a. For Employee Housing Structures constructed in one or more phases, the parking
requirements may be reduced to no fewer than one space for every six beds if the
applicant demonstrates at the time of site plan approval that a lesser parking ratio will
continue to provide adequate parking as required by DCC 18.116.030(D)(9).
i 0()4_�,(, 02 %Ord. 2020-001 §12, 2020; Ord. 2020-004 §1, 2020; Ord. 2019-008 §1, 2019; Ord.
2016-015 §9, 2016; Ord. 2015-004 §9; 2015; Ord. 2012-002 § 1, 2012; Ord. 97-078 §2, 1997)
Chapter
18.108 3 (4/2021)
EXHIBIT F TO ORDINANCE NO.2021-004
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.330 Marijuana Production, Processing, aitcLRetailing, �L 11€)l� Lily
18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA)
18.116.330. Marijuana Production, Processing, flnd Retailing,,_,I ✓lr tls 11z
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU, MUA-10, and RI zones Sul)cci to a laiul
2 licd for frolli .li_l.lv i 1016 to April it 21 2021 , so 10l as said ,� irilrt,was aE)i)r_o\r d a tic#_tlw
u:;e_,Vet._.illiti Ito d DLlis11,_iit_to D(_e > I. �6 New laiicl Ilse m"lillil5 foi rn ti�ata air � �io(liir tioll ill
t()rciii mioi)cd zoiiesarc,rprol)ibitcd b��
2, .__Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, TuI, RI, and SUBP zones.
subiec i to_a laiid use t7Grniit tiil>lie_c_i i'>r iiou) iuly_1 0_16 to April 21. ')02 1 so loi),, pis sri_id
J>cjii)rt was "my oved and Ille use iriiciatccl mirsuai)t to l>C`t� :� � �i. New laml usci7eimri:_;
(or in it tt�ii� I t,roc ��ur<� u) )f�,rc�r))c riuuu(Ud r« ti r proliibuc,d b� €�r0i) ti)ce o 2021-
00't.
3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, TuI, RC, RI, SUC, SUTC, and SUBP
zones.
4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones.
B. Com,iiiiiiiM,.rn i iituimity(oe1l.l( t,ioil il)cl_rmlrilUC{(11 �7ft_tC_ o lollu, t_ tli(.it'll -^i )_)droved
ctnd ti)G use ��a� illiticite(i oursuiuitto i C C ?2. �E> rOariiu�iira I -oductioii aiidDior Csr,s rn� .,1i1)ject
_ _ _ -- --
io 1,3,nc%it>c f> rliirr .tl')Oic(i.tor [,roil] fill\..1 _2016 if) April '_i. 2021 imn, coillirilic, is
nor)coiiioiruiiit�, US s_pu i uit to 1)('(' 18.1_20 O10 Prior to 0-le riritiLatioi) c ffli( use. li(i kuid
_ -
1 she nu)dC1rc<i )l.�r iraiit to the criteria esiahlisheci h DCC ''_36� 040,
S(� x�rrnrt r)�a� oi�l� _ 1 - - - - -
l�iodrirr..)iroi) of Aimro\ll. A cli Iui22 iii o i eisliii) o iit)r_ohcitv_vwith a hilt use I7etr)iil 1,61,
u Iit.F.tli t 17iodilC110ii 11I l `oc M), a ;trails S pier.`alih (lf } l 53I 1 `'l��E d ill
_r..l ttit i�i<x! i(t crr_cir_t i_o<_r ):'.•:.-51rlll_rlot he (ie llled _i_l)lrtgof circ_t)rii t t)_c. _icclulrlr'
ii n)odific atlo, r 1 iiimroe�ill 1)ur Slialii to 1)C t- �Ci 0 0 or rili Ilteratiol) of a i)oticoiriol m
_ _.- -
uset)tars uaIIt._to i_C _18.1 20._0 10. A, c, 1) tribe, in Ioc actor) l_or_I 111 lr II iri 3 ipro(.1trcaior) or
pro es use is t)rol)ihriteci (w _(�C ��. 19 120,010 quid l)UC `2 6.040 iilvloc_ iioil ckwiiiic,.
will have iir1rl)Ict_oil the llei„1111)oi_l_tooei tlitdior Sr_��;i)i[icailt}cicliiiollili inli acts
.
oil SUITMlirdii)s_: i�roi>i r-(ies. ill ld(lrtioll to col clitiolls o iltlwov Il si)cC iCe(; ill cic r land use
- �__ _- _
iwr ulit the 1_614m im) sl tncl zrds Slr tll Gov c rrl coMiiilicz(i i)rodootr_oll all(] 1)1oc c >irl" :
'\'faciprodii tio-n aiid ilari'ualla
1. Minimum Lot Area.
a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum
lot area of five (5) acres.
2. Indoor Production and Processing.
a. In the MUA-10 zone, marijuana production and processing shall be located entirely
within one or more fully enclosed buildings with conventional or post framed opaque,
rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non -rigid
structures is prohibited.
b. In the EFU zone, marijuana production and processing shall only be located in
buildings, including greenhouses, hoop houses, and similar structures.
c. In all zones, marijuana production and processing are prohibited in any outdoor area.
Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
mature marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square
feet. The maximum canopy area for mature marijuana plants may be increased to
10,000 square feet upon demonstration by the applicant to the County that:
i. The marijuana production operation was lawfully established prior to January 1,
2015; and
ii. The increased mature marijuana plant canopy area will not generate adverse impact
of visual, odor, noise, lighting, privacy or access greater than the impacts
associated with a 5,000 square foot canopy area operation.
c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square
feet.
d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square
feet.
e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet.
4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area
used for all activities associated with marijuana production and processing on the subject
property shall be:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres: 5,000 square feet.
5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control
Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA)
registered medical marijuana grow site shall be allowed per legal parcel or lot.
6. Setbacks. The following setbacks shall apply to all marijuana production and processing
areas and buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 100 feet.
h, Cethark frnm an off -site dwelling: 300 feet. For the. nUrpncec of this r_.riterinn� an nf_f-
site dwelling includes those proposed off -site dwellings with a building permit
application submitted to Deschutes County prior to submission of the marijuana
production or processing application to Deschutes County.
c. Exception: Any reduction to these setback requirements may be granted by the
Planning Director or Hearings Body provided the applicant demonstrates the reduced
setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and
access impacts.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1,000 feet from:
i. A public elementary or secondary school for which attendance is compulsory
under Oregon Revised Statutes 339.010, et seq., including any parking lot
appurtenant thereto and any property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as
described in ORS 339.030(1)(a), including any parking lot appurtenant thereto
and any property used by the school;
iii. A licensed child care center or licensed preschool, including any parking lot
appurtenant thereto and any property used by the child care center or preschool.
This does not include licensed or unlicensed child care which occurs at or in
residential structures; a ii d
. , __..,-,A—y8-L�tc�-i-z'
iv. National monuments and state parks.
b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot
line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of
the buildings and land area occupied by the marijuana producer or marijuana processor.
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall
not result in the marijuana producer or marijuana processor being in violation of DCC
18.116.330(B)(7) if the use is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana
plants shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed public, county, or state
road; or
b. Have access from a private road or easement serving only the subject property.
c. If the property takes access via a private road or easement which also serves other
properties, the applicant shall obtain written consent to utilize the easement or private
road for marijuana production access from all owners who have access rights to the
private road or easement. The written consent shall:
i. Be on a form provided by the County and shall contain the following information;
ii. Include notarized signatures of all owners, persons and properties holding a
recorded interest in the private road or easement;
iii. Include a description of the proposed marijuana production or marijuana
processing operation; and
iv. Include a legal description of the private road or easement.
9. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting, including greenhouses, hoop houses, and similar structures,
used for marijuana production shall not be visible outside the building from 7:00 p.m.
to 7:00 a.m. on the following day.
b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly
by tl a lar Zn nr a raiffig;na e element or indirartly by reflectinn nr refractinn is nrnientarl
below the horizontal plane through the lowest light -emitting part.
c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with
DCC 15.10, Outdoor Lighting Control.
10. Odor. As used in DCC 18.116.330(B)(10), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana production or
marijuana processing.
a. The building shall be equipped with an effective odor control system which must all
times prevent unreasonable interference of neighbors' use and enjoyment of their
property.
b. An odor control system is deemed permitted only after the applicant submits a report
by a mechanical engineer licensed in the State of Oregon demonstrating that the system
will control odor so as not to unreasonably interfere with neighbors' use and enjoyment
of their property.
c. Private actions alleging nuisance or trespass associated with odor impacts are
authorized, if at all, as provided in applicable state statute.
d. The odor control system shall:
i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute
(CFM) equivalent to the volume of the building (length multiplied by width
multiplied by height) divided by three. The filter(s) shall be rated for the required
CFM; or
ii. Utilize an alternative method or technology to achieve equal to or greater odor
mitigation than provided by (i) above.
e. The system shall be maintained in working order and shall be in use.
11. Noise. Noise produced by marijuana production and marijuana processing shall comply
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
with the following:
a. Sustained noise from mechanical equipment used for heating, ventilation, air condition,
odor control, fans and similar functions shall not exceed 30dB(A) measured at any
property line between 10:00 p.m. and 7:00 a.m. the following day.
b. Sustained noise from marijuana production is exempt from protections of DCC 9.12
and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is
permitted.
12. Screening and Fencing. The following screening standards shall apply to greenhouses,
hoop houses, and similar non -rigid structures and land areas used for marijuana production
and processing:
a. Subject to 18.84, Landscape Management Combining Zone approval, if applicable.
b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural
landscape and shall not be constructed of temporary materials such as plastic sheeting,
hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining
Zone, if applicable.
c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that
blends with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the public right-of-
way or adjacent properties shall be retained to the maximum extent possible. 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.
13. Water. The applicant shall provide:
a. A copy of a water right permit, certificate, or other water use authorization from the
Oregon Water Resource Department; or
b. A statement that water is supplied from a public or private water provider, along with
the name and contact information of the water provider; or
c. Proof from the Oregon Water Resources Department that the water to be used is from a
source that does not require a water right.
14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts
shall only be permitted on properties located within the boundaries of or under contract
with a fire protection district.
15. Utility Verification. A statement from each utility company proposed to serve the
operation, stating that each such company is able and willing to serve the operation, shall be
provided.
16. Security Cameras. If security cameras are used, they shall be directed to record only the
subject property and public rights -of -way, except as required to comply with requirements
of the OLCC or the OHA.
17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA Person Responsible for
the Grow Site (PRMG).
18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a
dwelling unit on the subject property:
a. An owner of the subject property;
b. A holder of an OLCC license for marijuana production, provided that the license
applies to the subject property; or
c. A person registered with the OHA as a person designated to produce marijuana by a
registry identification cardholder, provided that the registration applies to the subject
property.
19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8,
2016 by the Oregon Health Authority shall comply with the provisions of DCC
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-
12, 16, 17) by December 8, 2016.
20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
i. A new dwelling used in conjunction with a marijuana crop;
ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in
conjunction with a marijuana crop;
i 0 _A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a),
carried on in conjunction with a marijuana crop; and
rr� .,_, _„ „W Agri -tourism and other commercial events and activities in
conjunction with a marijuana crop.
b. In the MUA-10 Zone, the following uses are prohibited:
i. Commercial activities in conjunction with farm use when carried on in conjunction
with a marijuana crop.
c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on
the same property as marijuana production:
i. Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales,
shall be slihiect to the following atanriard-, and criterin;
1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on
the same day.
2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or
equipped to prevent detection of marijuana plant odor off premise by a person of normal
sensitivity.
3. Window Service. The use shall not have a walk-up or drive-thru window service.
4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA registrant.
5. Minors. No person under the age of 21 shall be permitted to be present in the building, or
portion thereof, occupied by the marijuana retailer, except as allowed by state law.
6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be
smoked, ingested, or otherwise consumed in the building space occupied by the marijuana
retailer. In addition, marijuana retailing shall not be co -located on the same lot or parcel or
within the same building with any marijuana social club or marijuana smoking club.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1,000 feet from:
i. A public elementary or secondary school for which attendance is compulsory
under Oregon Revised Statutes 339.010, et seq., including any parking lot
appurtenant thereto and any property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as
described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and
any property used by the school;
iii. A licensed child care center or licensed preschool, including any parking lot
appurtenant thereto and any property used by the child care center or preschool.
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
This does not include licensed or unlicensed family child care which occurs at or in
residential structures;
iv. National monuments and state parks; and
vi. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary
registered with the OHA.
b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of
the affected property to the closest point of the building space occupied by the
marijuana retailer. For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be
measured from the closest point of the building space occupied by one marijuana
retailer to the closest point of the building space occupied by the other marijuana
retailer.
c. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after
a marijuana retailer has been licensed by or registered with the State of Oregon shall
not result in the marijuana retailer being in violation of DCC 18.116.330(B)(7).
D. Annual Reporting
1. An annual report shall be submitted to the Community Development Department by the
real property owner or licensee, if different, each February 1, documenting all of the
following as of December 31 of the previous year, including the applicable fee as adopted
in the current County Fee Schedule and a fully executed Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or
to demonstrate compliance with DCC 18.116. 330(C)(1)(a) shall serve as
acknowledgement by the real property owner and licensee that the otherwise allowed
use is not in compliance with Deschutes County Code; authorizes permit revocation
under DCC Title 22, and may be relied upon by the State of Oregon to deny new or
license renewal(s) for the subject use.
c. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code, applicable State regulations, and to protect
the public health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by the Community
Development Department.
e. Conditions of Approval Agreement to be established and maintained by the
Community Development Department.
f. This information shall be public record subject to ORS 192.502(17).
(Ord, ,02 i_OG t 67 02 1: Ord. 2020-007 §16, 2020; Ord. 2019-012, 2019; Ord. 2018-012 §3,
2018; Ord. 2016-015 § 10, 2016)
18.116.340. Marijuana Production Registered by the Oregon Health Authority (OHA)
A. Applicability. Section 18.116.340 applies to:
1. All marijuana production registered by OHA prior to June 1, 2016; and
2. All marijuana production registered by OHA on or after June 12016 until the effective date
of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016-
015 through Ordinance 2016-018 shall apply.
B. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the
following standards by September 15, 2016:
1. Lighting. Lighting shall be regulated as follows:
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
a. Inside building lighting, including greenhouses, hoop houses, and similar structures,
used for marijuana production shall not be visible outside the building from 7:00 p.m.
to 7:00 a.m. on the following day.
b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly
by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected
below the horizontal plane through the lowest light -emitting part.
c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with
DCC 15.10, Outdoor Lighting Control.
C. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the
following standards by December 15, 2016:
1. Odor. As used in DCC 18.116.330(B)(10), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana production or
marijuana processing.
a. The building shall be equipped with an effective odor control system which must at all
times prevent unreasonable interference of neighbors' use and enjoyment of their
property.
b. An odor control system is deemed permitted only after the applicant submits a report
by a mechanical engineer licensed in the State of Oregon demonstrating that the system
will control odor so as not to unreasonably interfere with neighbors' use and enjoyment
of their property.
c. Private actions alleging nuisance or trespass associated with odor impacts are
authorized, if at all, as provided in applicable state statute.
d. The odor control system shall:
i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute
(CFM) equivalent to the volume of the building (length multiplied by width
multiplied by height) divided by three. The filter(s) shall be rated for the required
CFM• or
ii. Utilize an alternative method or technology to achieve equal to or greater odor
mitigation than provided by i. above.
e. The system shall be maintained in working order and shall be in use.
2. Noise. Noise produced by marijuana production and marijuana processing shall comply
with the following:
a. Sustained noise from mechanical equipment used for heating, ventilation, air condition,
odor control, fans and similar functions shall not exceed 30 dB(A) measured at any
property line between 10:00 p.m. and 7:00 a.m. the following day.
b. Sustained noise from marijuana production is not subject to the Right to Farm
protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming
practices is however permitted.
3. Screening and Fencing. The following screening standards shall apply to greenhouses,
hoop houses, and similar non -rigid structures and land areas used for marijuana production
and processing:
a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if
applicable.
b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural
landscape and shall not be constructed of temporary materials such as plastic sheeting,
hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining
Zone, if applicable.
c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that
blends with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the public right-of-
way or adjacent properties shall be retained to the maximum extent possible. This
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
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.
4. Water. The applicant shall provide:
a. A copy of a water right permit, certificate, or other water use authorization from the
Oregon Water Resource Department; or
b. A statement that water is supplied from a public or private water provider, along with
the name and contact information of the water provider; or
c. Proof from the Oregon Water Resources Department that the water to be used is from a
source that does not require a water right.
5. Security Cameras. If security cameras are used, they shall be directed to record only the
subject property and public rights -of -way, except as required to comply with requirements
of the OLCC or the OHA.
6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA Person Responsible for
the Grow Site (PRMG).
7. Inspections and Annual Reporting. All marijuana production registered by OHA prior to
June 1, 2016 shall comply with DCC 18.116.340(D)(8) when site locations are identified or
otherwise disclosed by the State of Oregon.
D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply ti� itf�
DCC 18.116.340(A-C) and the following standards:
1. Shall only be located in the following zones
a. EFU;
b. MUA-10: or
c. Rural Industrial in the vicinity of Deschutes Junction.
2. Minimum Lot Area.
a_ in the F_.Fi T and Mi TA-10 zones, the subject property shall have a minimum lot area
of five (5) acres.
3. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area
used for all activities associated with medical marijuana production on the subject
property shall be:
a. Parcels from 5 acres to less than 10 acres in area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres: 5,000 square feet.
4. Setbacks. The following setbacks shall apply to all marijuana production areas and
buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 100 feet.
b. Setback from an off -site dwelling: 300 feet.
For the purposes of this criterion, an off -site dwelling includes those proposed off -
site dwellings with a building permit application submitted to Deschutes County prior
to submission of the marijuana production or processing application submitted to
Deschutes County.
c. Exception: Reductions to these setback requirements may be granted at the discretion
of the Planning Director or Hearings Body provided the applicant demonstrates that
the reduced setbacks afford equal or greater mitigation of visual, odor, noise,
lighting, privacy, and access impacts.
5. Indoor Production and Processing.
a. In the MUA-10 zone ..._marijuana production shall be located entirely within one or
more fully enclosed buildings with conventional or post framed opaque, rigid walls
and roof covering. Use of greenhouses, hoop houses, and similar structures is
prohibited,
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
b. In the EFU zone, marijuana production shall only be located in buildings, including
greenhouses, hoop houses, and similar structures.
c. In all zones, marijuana production is prohibited in any outdoor area.
6. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for
mature marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square
feet. The maximum canopy area for mature marijuana plants may be increased to
10,000 square feet upon demonstration by the applicant to the County that:
i. The marijuana production operation was lawfully established prior to January 1,
2015; and
ii. The increased mature marijuana plant canopy area will not generate adverse
impact of visual, odor, noise, lighting, privacy or access greater than the impacts
associated with a 5,000 square foot canopy area operation.
c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000
square feet.
d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000
square feet.
e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1.000 feet from:
i. A public elementary or secondary school for which attendance is compulsory
under Oregon Revised Statutes 339.010. et seq., including any parking lot
appurtenant thereto and any property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as
described in ORS 339.030(1)(a), including any parking lot appurtenant thereto
and any rnronerty used by the cnhnnl;
iii. A licensed child care center or licensed preschool, including any parking lot
appurtenant thereto and any property used by the child care center or preschool.
This does not include licensed or unlicensed child care which occurs at or in
residential structures:;_ a i i i
RP.
.�e
iv. National monuments and state parks.
b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot
line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point
of the buildings and land area occupied by the marijuana producer or marijuana
processor.
c. A change in use of another property to those identified in DCC 18.116.330(B)(7)
shall not result in the marijuana producer or marijuana processor being in violation of
DCC 18.116.330(B)(7) if the use is:
i. Pending a local land use decision:
ii. Registered by the State of Oregon: or
iii. Lawfully established.
8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana
plants shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed public, county, or state
road; or
b. Have access from a private road or easement serving only the subject property.
c. If the property takes access via a private road or easement which also serves other
properties, the applicant shall obtain written consent to utilize the easement or private
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
road for marijuana production access from all owners who have access rights to the
private road or easement. The written consent shall:
i. Be on a form provided by the County and shall contain the following
information:,
ii. Include notarized signatures of all owners, persons and properties holding a
recorded interest in the private road or easement;
iii. Include a description of the proposed marijuana production or marijuana
processing operation; and
iv. Include a legal description of the private road or easement.
9. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a
dwelling unit on the subject property:
a. An owner of the subject property; or
b. A person registered with the OHA as a person designated to produce marijuana by a
registry identification cardholder, provided that the registration applies to the subject
property.
10. Annual Reporting. An annual report shall be submitted to the Community Development
Department by the real property owner or licensee, if different, each February 1,
documenting all of the following as of December 31 of the previous year, including the
applicable fees as adopted in the current County Fee Schedule and a fully executed
Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form
or to demonstrate compliance with DCC 18.116.330(0(1)(a) shall serve as
aciGnowledgement by tl:e real property nvrner anri licensee that the otherwise. allowed
use is not in compliance with Deschutes County Code; authorizes permit revocation
under DCC Title 22, and may be relied upon by the State of Oregon to deny new or
license renewal(s) for the subject use.
c. Other information as may be reasonably required by the'Planning Director to ensure
compliance with Deschutes County Code, applicable State regulations, and to protect
the public health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by the Community
Development Department.
e. Conditions of Approval Agreement to be established and maintained by the
Community Development Department.
f. This information shall be public record subject to ORS 192.502(17).
11. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:;
i. A new dwelling used in conjunction with a marijuana crop
ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in
conjunction with a marijuana crop;
iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(21)(a),
carried on in conjunction a marijuana crop; and.
iv. Agri -tourism and other commercial events and activities in conjunction with a
marijuana crop.
b. In the MUA-10 Zone, the following uses are prohibited:
i. Commercial activities in conjunction with farm use when carried on in
conjunction with a marijuana crop.
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited
on the same property as marijuana production:
i. Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
(0rd 202 l _00 8_�� 7, 2021 ,_Ord. 2019-012, 2019; Ord. 2018-012 §3, 2018; Ord. 2016-019 § 1, 2016
Chapter 18.116 (4/2021)
EXHIBIT G TO ORDINANCE NO.2021-004
FINDINGS
I. BACKGROUND
A. Deschutes County Marijuana Regulation History
Following the passage of Ballot Measure 91 (2014), legalizing the sale and recreational use of marijuana, and HB
3400 (2015), refining the implementation of marijuana legalization, the Deschutes County Board of
Commissioners (Board) adopted marijuana regulations in June 2016 (Ordinance Nos. 2016-013, 2016-014, 2016-
015, 2016-017, 2016-018, and 2016-019). Following their initial adoption, the Board committed to reexamine
Deschutes County's marijuana land use regulations post -implementation after gaining additional experience
regulating the evolving marijuana industry. Deschutes County utilized extensive resources from 2017 to 2019 to
attempt to develop reasonable time, place, and manner marijuana regulations. During this time, citizens on all
sides of the issue vocally expressed their dissatisfaction, consistently expressing doubt that Deschutes County's
regulations have the ability to successfully harmonize ostensibly incompatible land uses in the rural County due
to marijuana's classification as a farm crop.
B. Opt Out Ordinances
On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the
establishment of future (new) marijuana production and processing businesses in unincorporated Deschutes
County (commonly referred to as an Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further
clarified that Ordinance No. 2019-014 has no impact on the County's past marijuana production land use decisions
and does not preclude those applicants from moving forward in the licensure process with the Oregon Liquor
Control Commission (OLCCI.
Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana
businesses, but must then refer the matter to County electors at the next statewide general election. On
November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances. As the
ballot measure was phrased, a "yes" vote would once again allow new marijuana production and processing
businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and
processing businesses in Deschutes County.
Ultimately, 57% of Deschutes County's electorate voted "no" to Measure 9-134, thereby upholding the opt -out
and prohibiting future/new commercial marijuana production and processing businesses from being established
in the unincorporated County.
II. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The primary purpose
of the amendments is to reflect and clarify the changes required by Ballot Measure 9-134.
The proposal addresses in DCC 18.116.330(A), marijuana production and processing land use permits that were
issued from July 1, 2016 to the effective date of Ordinance No. 2021-004. Specifically, it clarifies that marijuana
production and processing subject to land use permits applied for from July 1, 2016 to the effective date of Ordinance
No. 2021-004, in which the use has been initiated pursuant to Deschutes County Code Chapter 22.36, may continue
as nonconforming uses pursuant to DCC 18.120.010, which includes criteria for alterations. Marijuana production
or processing land use permits where the use has not yet been initiated may only be modified pursuant to the
criteria established by DCC 22.36.040, Modification of Approval.
Page 1 of 5 - EXHIBIT H TO ORDINANCE NO.2021-004
The proposal clarifies that a change in ownership of a land use permit issued for marijuana production or
processing does not require a modification of approval or an alteration of a nonconforming use. A change in
location for a land use permit issued for marijuana production or processing is prohibited.
The proposal also removes marijuana production and/or processing as permitted or conditional uses in DCC
18.16.020 and 18.16.025, Exclusive Farm Use; DCC 18.32.030, Multiple Use Agricultural Zone; DCC 18.66.040 and
18,66.050, Terrebonne Rural Commercial Districts; DCC 18.67.040 and 18.67.060, Tumalo Rural Commercial and
Industrial Districts; DCC 18.100.010 and 18.100.020, Rural Industrial Zone; and DCC 18.108.110, Sunriver Business
Park.
The proposal removes the youth activity center separation distance criterion in DCC 18.116.030(B)(7),
18.116.030(C)(7) and 18.116.030(D)(7). The Oregon Court of Appeals in Woveseer of Oregon, LLC. v. Deschutes
County, 308 Or App 494 (2021) determined that the County's prevailing interpretation of the 'youth activity
center' phrase violated ORS 197.835(10)(a) because there is no way for an applicant to determine if a particular
EFU-zoned property would likely qualify for marijuana production. County staff recommends simply deleting the
phrase because the issue is unlikely to come up again and because it is likely that any subsequent 'youth activity
center' interpretation will equally run afoul of the aforementioned statute.
III. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment.
Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the
amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public
hearing.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post
acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day
notice was initiated on February 24, 2021. The Board held a public hearing on March 31, 2021. The Findings
document provides the adequate factual basis for the amendments.
Goal 3: Agricultural Lands:
Ballot Measure 91 was passed by the voters of Oregon in November 2014 generally legalizing recreational use of
marijuana within the state. The Board adopted Ordinance No. 2015-009 on December 21, 2015, prohibiting the
establishment of marijuana businesses within unincorporated Deschutes County (Opt Out). After securing
legislative assurance in 2016 through the passage of Senate Bill 1598 that statutory right to farm protections would
not override local governments' authority to adopt local time, place and manner regulations governing marijuana
businesses, the Board adopted Ordinances No. 2016- 013, 2016- 014, 2016- 015, 2016- 016, 2016- 017, 2016- 018
and 2016- 019 on June 1 and June 15, 2016, implementing comprehensive land use regulations for the marijuana
industry in unincorporated Deschutes County, and subsequently adopted Ordinance No. 2016- 012 on August 2,
2016, effectively " Opting In" by repealing Ordinance No. 2015- 009.
On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the
establishment of future marijuana production and processing businesses in unincorporated Deschutes County
Page 2 of 5 - EXHIBIT H TO ORDINANCE NO.2021-004
(Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further clarified that Ordinance No. 2019-014
has no impact on the County's past marijuana production land use decisions and does not preclude those
applicants form moving forward in the licensure process with OLCC.
Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana
businesses, but must then refer the matter to County electors at the next statewide general election. On
November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances. As the
ballot measure was phrase specific, a "yes" vote would once again allow new marijuana production and processing
businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and
processing businesses in Deschutes County.
Ultimately, 57% of Deschutes County's electorate voted "no" to Measure 9-134, thereby upholding the opt -out
and prohibiting future/new commercial marijuana production and processing businesses from being established
in the unincorporated County.
Opting out is not in conflict with the aforementioned Ballot Measure 91 because the voters of Oregon expressed
no opinion or direction regarding marijuana's status as a farm crop, or the appropriate location of commercial
grow sites and processing operations. Opting out is not inconsistent with Goal 3: pursuant to the options provided
by Ballot Measure 91 and state statutes, numerous jurisdictions in Oregon opted out of allowing marijuana
businesses at the outset of Oregon's recreational marijuana program and have lawfully maintained that status.
The Opt Out and these corresponding amendments only impact future recreational production and processing
businesses and medical marijuana processing facilities. Existing marijuana businesses will not be impacted nor will
the Opt Out impact or prohibit future medical dispensaries or production sites, or future recreational retail or
wholesale.
The proposed amendments to the County Code are consistent with these provisions of state law and are therefore
consistent with Goal 3.
Goal 4: Forest Lands: The proposed text amendments do not propose to change the County's Plan policies or
implementing regulations for compliance with Goal 4, and therefore are in compliance.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Complies because the text amendment
does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic
and historic areas, and natural resources.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to change the
County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance.
Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in
compliance.
Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan
or implementing regulations regarding recreational needs.
Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic
development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands
but do not propose to amend the Comprehensive Plan. Goal 9 does identify land use controls and ordinances as
one of a suite of economic development tools. Disallowing future recreational production sites and future
marijuana processing will not impact the availability of marijuana products from medical dispensaries or retail and
Page 3 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004
wholesale outlets. Maintaining the assortment of land uses that are allowed in Deschutes County contributes to
a diverse economy. Therefore, the text amendment complies with Goal 9.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated
to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the
County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: The proposed text amendments do not propose to change the County's Plan or
implementing regulations regarding the Transportation System Plan; therefore, they are in compliance.
Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's
Plan or implementing regulations regarding energy conservation.
Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or
implementing regulations regarding urbanization.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain
these types of lands.
D. Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the
community and conduct land use planning. As described above, the proposed regulations were discussed at
several work sessions with the Board of County Commissioners, as well as presented to the Planning Commission,
�_ It-:_1 L_.. L1:_ �.._.--_.- TL_ n__..r t /^_..._i.. r_.v .v •_ •11
which Is the County s UI IICIdl LUfll fill LLUU IUf pUUIIL. IF IVUIVel Ile[ I L. I IIC DUdlU UI LUUIILY I.UI I II I I lbblUlMlb VVIII I VLVIVe
oral and written testimony.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this
section is to "maintain an open and public land use process in which decisions are based on the objective
evaluation of facts." Staff, the Planning Commission, and the Board reviewed the text amendments.
Chapter 2, Resource Management: This chapter sets the Goals and Policies of how the County will protect
resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental
Quality.
Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and
the agricultural industry." The Opt Out and these corresponding amendments only impact future recreational
production and processing businesses and medical marijuana processing facilities. Existing marijuana
businesses will not be impacted nor will the Opt Out impact or prohibit future medical dispensaries or
production sites, or future recreational retail or wholesale.
Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the
promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming
enterprises including but not limited to, niche markets and organic farming and valued -added projects. The
proposed text amendments only impact future recreational production and processing businesses and
medical marijuana processing facilities.
Page 4 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004
Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and
emerging agricultural conditions and markets. The voters of Deschutes County voted "no" to repealing the
opt -out ordinances on November 3, 2020. As noted above for Statewide Goal 3, opting out is permitted by
state statutes; the proposed text amendments are necessary to align the Deschutes County Code land use
provisions with the results of the opt out election. As noted above, the proposed amendments only impact
future recreational production and processing businesses and medical marijuana processing facilities.
Page 5 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004
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