2023-87-Minutes for Meeting February 15,2023 Recorded 3/13/2023Recorded in Deschutes County CJ2023-87
Steve Dennison, County Clerk
Commissioners' Journal 03/13/2023 8:23:19 AM
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
10:00 AM, WEDNESDAY, FEBRUARY 15, 2023
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall St - Bend
(541) 388-6570 I www.deschutes.org
AGENDA
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via the public meeting portal at
www.deschutes.org/meetings. To view the meeting via Zoom, see below.
Citizen Input: The public may comment on any meeting topic that is not on the current agenda. To
provide citizen input, submit an email to citizeninput@deschutes.org or leave a voice message at
541-385-1734. Citizen input received by noon on Tuesday will be included in the meeting record for
topics that are not on the Wednesday agenda.
If in -person comment from the public is allowed at the meeting, public comment will also be allowed
via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
• To join the meeting from a computer, copy and paste this link: bit.ly/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and
*9 to unmute yourself when you are called on.
1313
Li
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, call (541) 388-6572 or
email brenda.fritsvold@deschutes.org.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Citizen Input may be provided as comment on any topic that is not on the
CITIZEN INPUT:
agenda.
to the o tion of providing in -person comments at the o ceingmeeting,l caitizen
input comments
Note: addition prief maybe
be
emailed to citizeninput@deschutes. gon Tuesday in orderor you may leave a �o be included in the meeting record.
timely, citizen input must be received by no
CONSENT AGENDA
o
ment Agreement
1. Auth
orize the County Administrator to sign a Termination ft sprove ion in Redmond
specific to property neighboring the Windhaven Park Phase
2. Co
nsideration of Board Signature on letters making appointments to the Deschutes
River Mitigation & Enhancement Committee
3. Consideration
tion of Board Signature on letters appointing Jay Patrick and Chris Piper, and
amen Lewis for service on the Central Oregon Intergovernmental Counci's
reappointing J
Board of Directors
��n Katy Brooks and Ron Osmundson
4. Consideration of Board Signature on fetters thank, g - - - -
fo
r service on the Central Oregon Intergovernmental Council Board of Directors
5. Consider
ation of Board Signature on letters appointing Brian Durbin and James Wood
for service on the Investment Advisory Committee
6. Approval of minutes of the February 3, 2023 Legislative Update meeting
7. Approval of the January 25 and 30, 2023 BOCC meeting minutes
ACTION ITEMS
visory
8. 10:05 AM Consideration of a recommendation from tof FAA Advisory sory Che Solid Waste �rc lar
Committee relative to the implementation
150/5200-33C recognizing a 5-mile
of siting anew solid waste facility
public-use
rt exclusion zone
for the siting of landfills, and discussion
9. 10:20 AM Notice of Intent to Award 2023 Qualified Pool of Fuels Reduction Contractors
10.
10:25 AM Presentation from the Deschutes Trail Coalition on its Stewardship Grants
Page 2 of 3
February' , _5, 2023 BOARD OF COUNTY COMMISSIONERS MEETING
11. 10:45 AM Presentation of Workforce Housing Proposal
12. 11:00 AM Consideration of an order to extend the open record period for the Board's
review of two appeals of a modification request to the Thornburgh Resort
13. 11:10 AM Public Hearing on 2023 Housekeeping Amendments to Deschutes County
Code
14. 11:40 AM Public Hearing: Amateur/HAM Radio Facility Amendments
15. 12:10 PM Resolution No. 2023-011, allocating $95,950 of contingency within video
lottery to mid -year projects and priorities
16. 12:15 PM Certified Local Government (CLG) Grant Application - Permission to Proceed
LUNCH RECESS
17. 1:00 PM Camping Feasibility Study Proposals
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.
18. Executive Session under ORS 192.660 (2) (d) Labor Negotiations
ADJOURN
February 15, 2023
BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
10:00 AM
WEDNESDAY February 15, 2023
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were Nick
Lelack, County Administrator; Kim Riley, Assistant County Counsel; and Brenda Fritsvold, BOCC Executive
Assistant.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings.
CALL TO ORDER: Chair DeBone called the meeting to order at 10:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
• Bret Matteis described efforts of the group Preserve East Bend to protect the
quality of life in that area, and asked for the Board's support.
• Ron Boozell asked about a possible funding source that could be used to pay a
$1 per bottle bounty on emptied green propane bottles.
Chair DeBone acknowledged the receipt of citizen input emails from Zena Kuzma and Annis
Henson.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
ADAIR: Move Board approval of Consent Agenda
CHANG: Second
BOCC MEETING FEBRUARY 15, 2023 PAGE 1 OF 11
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
1. Authorize the County Administrator to sign a Termination of Improvement
Agreement specific to property neighboring the Windhaven Park Phase 1
subdivision in Redmond
2. Consideration of Board Signature on letters making appointments to the
Deschutes River Mitigation & Enhancement Committee
3. Consideration of Board Signature on letters appointing Jay Patrick and Chris
Piper, and reappointing James Lewis for service on the Central Oregon
Intergovernmental Council's Board of Directors
4. Consideration of Board Signature on letters thanking Katy Brooks and Ron
Osmundson for service on the Central Oregon Intergovernmental Council Board
of Directors
5. Consideration of Board Signature on letters appointing Brian Durbin and James
Wood for service on the Investment Advisory Committee
6. Approval of minutes of the February 3, 2023 Legislative Update meeting
7. Approval of the January 25 and 30, 2023 BOCC meeting minutes
ACTION ITEMS:
8. Consideration of a recommendation from the Solid Waste Advisory
Committee relative to the implementation of FAA Advisory Circular
150/5200-33C recognizing a 5-mile public -use airport exclusion zone
for the siting of landfills, and discussion of siting a new solid waste
facility
Chad Centola, Director of Solid Waste, reported that at the direction of the
Board, the Solid Waste Advisory Committee (SWAC) convened a special meeting
to review Federal Department of Aviation (FAA) Advisory Circular 150/5200-33C
which recommends that landfills not be sited within a 5-mile radius of a public -
use airport. If accepted, this 5-mile restriction would eliminate three candidate
sites from consideration: one in Redmond near the Negus Transfer Station, and
two east of Bend (the Central Oregon Irrigation District property off Bear Creek
BOCC MEETING
FEBRUARY 15, 2023 PAGE 2 OF 11
Road and a site on County -owned property off of Rickard Road). The SWAC
unanimously recommended that the Board recognize the FAA's
recommendation.
ADAIR: Move to approve a recommendation from the Solid Waste
Advisory Committee to recognize the FAA -recommended 5-mile
radius around the Redmond and Bend airports as a requirement for
the purpose of screening and selecting candidate sites for the
County's Solid Waste Management Facility
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone reiterated that selecting and establishing one new landfill
site will be a cost-effective, multi -generational solution to this problem; the only
alternative is to ship waste elsewhere at exorbitant and ongoing expense. He
encouraged the community to come together to achieve a long-term resolution for
the benefit of all.
Commissioner Chang shared his efforts to identify potential parcels owned by the
Bureau of Land Management (BLM) that may suit the needs of the County for a new
landfill. He advised embarking on a formal request process to seek discussions with
the BLM on this subject.
Commissioner DeBone described the difference between a BLM application process
and a Congressional process, saying that although the former has no pre-
determined finalization date, the latter would need to be completed in two years
due to the expiration of Congressional House terms.
Dwight Miller, Parametrix, recounted the facility siting process to date including the
development of siting criteria and the identification of exclusionary areas. After
potential sites between 300 and 3,000 acres were assessed to ensure that required
buffers can be met and that their topography is suitable, some sites were eliminated
from consideration due to fatal or practical flaws (for example, a site might have
been determined impractical due to slopes or inadequate disposal capacity). Two
privately -owned sites were removed from consideration as the property owners are
not interested to sell. At this time, seven sites remain under consideration; an open
house will be held in April after the list is narrowed to three to five sites which will
undergo environmental review. Staff expects to return to the Board in the spring of
2024 with a final recommended site.
BOCC MEETING
FEBRUARY 15, 2023 PAGE 3 OF 11
Commissioner Adair verified that the State of Oregon owns two of the sites still
under consideration.
Commissioner DeBone advised that staff provide information about the history of
landfill siting and how this process has changed to include a public survey, among
other improvements.
9. Notice of Intent to Award 2023 Qualified Pool of Fuels Reduction
Contractors
County Forester Kevin Moriarty said each year, the County issues a Request for
Proposals for a pool of fuel reduction contractors which is used to solicit quotes
on fuel reduction projects throughout the year.
ADAIR: Move approval of Chair signature of Document 2023-178, Notice of
Intent to Award the 2023 Qualified Pool of Fuel Reduction
Contractors
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
10. Presentation from the Deschutes Trail Coalition on its Stewardship Grants
Jana Johnson, Executive Director of the Deschutes Trail Coalition, announced the
awards from the Coalition's Stewardship Grant program which is funded by TRT
revenues. These grants fund trail or trail -related projects throughout the County;
eligible projects include trail maintenance and construction, trailhead amenity
improvements, restoration projects adjacent to heavily -used trails, and educational
materials to promote sustainable trail etiquette.
Commissioner Adair questioned the lack of grants to projects in the Redmond or
Terrebonne areas. Johnson replied that no applications were submitted for projects
in those areas.
Commissioner DeBone commented on the $80,444 grant award to Deschutes Land
Trust for the Spectre Ranch acquisition. He said purchasing private property seemed
beyond this program's scope and did not support that decision, characterizing it as a
misalignment of the County's investment in trail infrastructure and maintenance
work.
BOCC MEETING
FEBRUARY 15, 2023 PAGE 4 OF 11
Commissioner Chang said this investment was intended to expand, enhance and
maintain recreational opportunities in the County. He noted that this property was
previously inaccessible to the public as it was privately owned.
Commissioner Adair questioned if this grant followed the program's guidelines, said
she could find nothing in writing which would authorize it, and asked who approved
it.
Johnson acknowledged that the Coalition is aware this project is different. She
explained that she had verbally confirmed there are no restrictions on using TRT
funds in this way, but she could not recall who she spoke to, and a majority of the
Coalition's Advisory Committee believed this grant to be fundamental to and
support the Coalition's purpose. The total cost of the property is $4.2 million.
Commissioner Chang noted the question is whether this was an eligible or ineligible
use of these funds. He suggested that the Coalition consider directing the $80,444 to
establishing a trailhead on this property.
Commissioner DeBone emphasized that in allocating TRT funds to the Coalition, he
had not intended that any of these be used to buy private property and put it into a
land trust. He did not support purchasing private land with TRT revenues.
Commissioner Adair added the program's summary does not align with some of the
projects that received grants —for example, an online guidebook is not a project
which establishes or maintains trails. She highlighted the proposal that outlined
over $10 million of deferred maintenance; however, money was used on projects
outside the scope of deferred maintenance. She wanted to know what deferred
maintenance was achieved with the $600,000 allocated to the Coalition.
Johnson responded that TRT funds are unrestricted and can be used for capacity
building.
Commissioner Chang noted that outdoor amenities bring visitors to Central Oregon,
and tourism funds TRT revenues.
11. Presentation of Workforce Housing Proposal
Cheri Helt spoke to the need for workforce housing, saying this was the single
most important issue facing area businesses. She explained that such housing is
not cost-effective to build due to the price of land and associated permits and
fees. To help remedy this situation, she proposed a one-year pilot program to
establish a Housing Trust Fund which would result in 66 new workforce homes
per year. The homes would be available for purchase by persons who work in
the county and whose incomes are between 80% and 120% of area median
BOCC MEETING
FEBRUARY 15, 2023 PAGE 5 OF 11
income (AMI). The homes must be used as a primary residence and would
remain affordable to qualified employees for 30 years. To incentivize builders,
the program would offer a $30,000 payment per home upon closing, funded by
Transient Room Tax (TRT) revenues.
Helt concluded that this proposal has received widespread community support.
Commissioner Chang said while he agreed that home ownership is the ideal, he
would like to see this proposal broadened to address affordable rental
opportunities and also extended to persons making below 80% AMI. He
concurred that public investment is needed to put housing within reach of many
residents, and supported moving this proposal forward.
Commissioner DeBone noted the availability of programs for those making
below 80% AMI and supported this program targeting those making between 80-
120%.
The Commissioners asked questions such as who would manage the Housing
Trust Fund and determine whether an applicant was eligible to participate.
Commissioner DeBone noted general Board support for Helt to continue
developing this proposal.
12. Consideration of an order to extend the open record period for the Board's
review of two appeals of a modification request to the Thornburgh Resort
Caroline House, Senior Planner, reminded that following the public hearing on
February 1st, the Board agreed to consider requests to extend the post -hearing
open record period. House shared the requests received and noted the
applicant asked for an extension of 14 days, which the Confederated Tribes of
Warm Springs has indicated its agreement with.
ADAIR: Move approval of Board Order No. 2023-008, extending the post -
hearing open record period for Appeal Nos. 247-22-00984-A & 247-23-
000003-A (Thornburgh Resort) to March 1, 2023 with associated
extensions for rebuttal and final legal argument
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
13. Public Hearing on 2023 Housekeeping Amendments to Deschutes County
Code
BOCC MEETING
FEBRUARY 15, 2023 PAGE 6 OF 11
Kyle Collins, Associate Planner, reviewed the procedures for the public hearing
and said the proposed amendments have been reviewed by the Planning
Commission. He summarized that the changes will correct minor errors
identified by staff and the public as well as incorporate updates made by the
State.
The public hearing was opened at 12:11 p.m.
Dorinne Tye sought assurance that none of the proposed amendments relate to her
concerns about airport operations and facilities.
The public hearing was closed at 12:13 p.m.
Chair DeBone noted the consensus of the Board to close the record at this time
and proceed with first reading of the ordinance.
CHANG: Move approval of first reading of Ordinance No. 2023-001, by
title only, amending Title 17, Subdivision and Partition
Ordinance, Title 18, Zoning Ordinance, and Title 22,
Procedures Ordinance of the Deschutes County Code; and Title
23, Deschutes County Comprehensive Plan to incorporate
changes to State law and provide clarification of existing
regulations, procedures, and policies
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
Chair DeBone read the title of the ordinance and stated that second reading will
be scheduled for March 1st
14. Public Hearing: Amateur/HAM Radio Facility Amendments
Nicole Mardell, Senior Planner, reviewed the process for the public hearing and
explained that the proposed amendments will streamline and clarify the review
process for Amateur (HAM) Radio facilities.
The public hearing was opened at 12:18 p.m.
BOCC MEETING
FEBRUARY 15, 2023 PAGE 7 OF 11
Tony Partain said he is supportive of the amendments. He recognized it is unlikely
that someone would build an amateur HAM radio tower taller than 70 feet because
of the high cost.
The public hearing was closed at 12:32 p.m.
Chair DeBone noted the consensus of the Board to close the record at this time
and proceed with first reading of the ordinance. Chair DeBone also noted the
consensus of the Board to leave the maximum height at 200 feet rather than
lower it to 150 feet.
CHANG: Move first reading of Ordinance No. 2023-004, by title only, to
amend Deschutes County Code Title 18, Chapter 18.116.290, to
streamline the establishment of amateur radio facilities
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
Chair DeBone read the title of the ordinance and stated that second reading will
be scheduled for March 1st
A recess was declared at 12:36 p.m. The meeting was reconvened at 1:05 p.m.
Chair DeBone announced that agenda items 15 and 16 will be taken up after
item 17.
17. Camping Feasibility Study Proposals
jen Patterson, Strategic Initiatives Manager, reminded that the Board selected
three consultants to interview for a Camping Feasibility Study which will evaluate
the development of private or public RV parks and campgrounds, along with
support amenities and infrastructure.
The consultants presented in the following order: ECONorthwest, CHM
Government Services, and Crane Associates. The consultants described their
qualifications, shared their relevant work experience, explained their proposed
approach to the project and answered questions from the Board.
A break was announced at 2:22 p.m. The meeting resumed at 2:29 p.m.
BOCC MEETING
FEBRUARY 15, 2023 PAGE 8 OF 11
It was noted that ECONorthwest received the highest score by the confmrnitee
which first evaluated and rated the proposals. Commissioner Adair asked that
ECONorthwest confirm its revised total fee amount of $100,000 in writing.
CHANG: Move that the Board direct staff to negotiate a contract with
ECONorthwest for a Camping Feasibility Study
DEBONE: Second
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
Commissioner Adair noted that the homeless population has grown and
expressed her concern about who will use these parks when they're established.
Commissioner DeBone said the Drafter Road properties are different from the
others, and he supported taking action on these first if possible.
15. Resolution No. 2023-011, allocating $95,950 of contingency within the video
lottery fund to mid -year projects and priorities
Stephanie Robinson, Grants & Operations Specialist, explained that the
resolution would formally allocate $95,950 of contingency within the video
lottery fund to mid -year projects and priorities as determined by the Board
earlier, as follows: $1,000 to the Sunriver/La Pine Economic Development
Program annual luncheon; $17,950 to grants in the Arts & Culture program;
$75,000 to the Sisters Area Chamber of Commerce, and $2,000 for discretionary
grants fundraising activities. The fund's remaining balance will be $934,057.
CHANG: Move Board approval of Resolution No. 2023-011, allocating $95,950
of contingency within the video lottery fund to mid -year projects and
priorities
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
16. Certified Local Government (CLG) Grant Application - Permission to Proceed
Tanya Saltzman, Senior Planner, explained staffs request for authorization to
apply for a 2023-2024 Certified Local Government (CLG) grant in the amount of
$5,500. The required 1:1 match would be provided largely by in -kind staff time.
BOCC MEETING
FEBRUARY 15, 2023 PAGE 9 OF 11
ADAIR: Move to authorize staff to apply for a 2023-2024 Certified Local
Government grant in the amount of $5,500
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes.
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS:
• Stephanie Robinson distributed the slide deck for the Board's presentation
tomorrow at a meeting of the Sunriver and La Pine Chamber.
• Commissioner DeBone reported he has been asked to speak at SLED's
annual luncheon in April.
• Commissioner Adair shared that she testified yesterday on the juniper bill.
• Commissioner Chang announced his efforts to determine if any federal lands
are suitable and available for siting a new county landfill. He encouraged
gathering bipartisan support for this initiative.
• Commissioner Chang said while in Washington, D.C. last week, he
additionally advocated for funding for residential behavioral health
treatment facilities. He also pushed for flexibility with prescribed fire smoke
which is critical to protect property, lives and first responders, and
emphasized the necessity of coordinating outreach to vulnerable populations
and offering a clean air shelter. He asked if the County wishes to support
Congressionally Directed Spending funding requests from the City of Bend
and/or other local entities.
• Commissioner Adair said she met with Megan Perkins regarding the need to
clean up China Hat and address the many dangerous problems there.
EXECUTIVE SESSIONS:
At 4:01 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor
Negotiations. The Board moved out of executive session at 4:36 p.m. to direct staff to
proceed as discussed.
At 4:36 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation.
The Board moved out of executive session at 4:58 p.m. to take the following action:
DEBONE: Move to direct staff to submit a briefing from the County in the matter
of the appeal of the 710/Eden project, currently before the Oregon
BOCC MEETING
FEBRUARY 15, 2023 PAGE 10 OF 11
Land Use Board of Appeals
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: No
DEBONE: Chair votes yes. Motion Carried 2 -1
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 5:00 p.m.
DATED this Day of
Commissioners.
ATTEST:
iw,K0419�, 1&ri'1F.�
RECORDING SECRETARY
BOCC MEETING
2023 for the Deschutes County Board of
ANTHONY DEBONE, CHAIR
PA ADAIR, VICE CHAIR
PHIL CHANG, COMMISSIONER
FEBRUARY 15, 2023 PAGE 11 OF 11
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
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Submitting written documents as part of testimony? Yes JO No
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
Subject:
Name
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
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RECORDING SECRETARY BEFORE MEETING BEGINS
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Angie Powers
From: Zenia Kuzma <zenkuzma@gmail.com>
Sent Tuesday, February 14, 2023 6:29 AM
To: citizeninput
Subject: Re: Short term rentals
Some people who received this message don't often get email from zenkuzma@gmail.com, Learn why this is important
[EXTERNAL EMAIL]
Please put Short Term Leasing on your future agenda items. Sisters is targeted for a boom in this area. It will contribute to our housing crisis
and erode our voter and community base. I have personnaly witnessed short term rentals used by sex workers ,and Salem has documented
their use in drug deals.Cities such as Lincoln City, Sedona and Reno needed to take measures to remediate the damage rampant ghost hotels
(STR s) did to their residential neighborhoods,housing prices ,infrastructure, and tax base.
We have a strong and vocal community group in Sisters and believe the current city short term rental policy is not adequate and threatens our
community in many ways.
Thank you for your consideration.
Zena Kuzma, resident in Sisters
I have corrected typos in this message.
On Mon, Feb 13, 2023, 12:39 PM Zenia Kuzma<zenkuzma@gmail.com> wrote:
Please put Short Term Leasing on your future agenda items. Sisters is targeted for a boom in this area. It will
contribute to our housing crisis and erode our voter and community base. I have personnally witnessed short
term rentals used by sex wokers ,and Salem has documented their use in drug deals:Cities such as Lincoln
City, Sedona and Reno needed to take measures to remediate the damage rampant ghost hotels (STR s) did to
their residential neighborhoods,housing prices ,infrastructure, and tax base:
We have a strong and vocal community group in Sisters and believe the current city short term rental policy is
not adequate and threatens our community in many ways.
Thank you for your consideration.
Zena Kuzma, resident in Sisters
1
Angie Powers.
From: Zenia Kuzma <zenkuzma@gmail.com>
Sent Monday, February 13, 2023 9:42 PM
To: Angie Powers
Subject: Re: Short term rentals
Attachments: image003.png
You don't often get email from zenkuzma@gmail.con'. Learn why this is important
[EXTERNAL EMAIL]
Please let me fix the typos first. I have poor vision and see there are two. I will resend it. Thank you.
On Mon, Feb 13, 2023, 3:21 PM Angie Powers <Angie.Powers@deschutes.org> wrote:
Thank you for your input. As your email was submitted through the Citizen Input email address,
it is not only shared with the Deschutes County Board of Commissioners but is also included in
the meeting record of the next scheduled Board of Commissioners meeting where Citizen Input
is a portion of the agenda.
Angie Powers [ Administrative Assistant
DESCHUTES COUNTY BOARD OF C0MMtSSIONEt
1300 NW Wall St 1 Bend, Oregon 97703
Tel: (541) 388-6571
Enhancing the lives of citizens by delivering quality services in a cost-effective manner.
From: Zenia Kuzma <zenkuzma@gmail.com>
Sent: Monday, February 13, 2023 12:39 PM
To: citizeninput <citizeninput@deschutes:org>
Subject: Short term rentals
Some people who received this message don't often get email from zenkuzma a,gmail.com. Learn why this is important
[EXTERNAL EMAIL]
Please put Short Term Leasing on your future agenda items. Sisters is targeted for a boom in this area. It will.
contribute to our housing crisis and erode our voter and community base. I have personnally witnessed short
1
term rentals used by sex wokers ,and Salem has documented their use in drug deals,Cities such as Lincoln
City, Sedona and Reno needed to take measures to remediate the damage rampant ghost hotels (STR s) did to
their residential neighborhoods,housing prices ,infrastructure, and tax base.
We have a strong and vocal community group in Sisters and believe the current city short term rental policy is
not adequate and threatens our community in many ways.
Thank you for your consideration.
Zena Kuzma, resident in Sisters
Angie Powers
From: Zenia Kuzma <zenkuzma@gmail.com>
Sent: Monday, February 13, 2023 12:39 PM
To: citizeninput
Subject Short term rentals
Some people who received this message don't often get email from zenkuzma@gmail.com. Learn why this is important
[EXTERNAL EMAIL]
Please put Short Term Leasing on your future agenda items. Sisters is targeted for a boom in this area. It will
contribute to our housing crisis and erode our voter and community base. I have personnally witnessed short
term rentals used by sex wokers ,and Salem has documented their use in drug deals.Cities such as Lincoln City,
Sedona and Reno needed to take measures to remediate the damage rampant ghost hotels (STR s) did to their
residential neighborhoods,housing prices ,infrastructure, and tax base.
We have a strong and vocal community group in Sisters and believe the current city short term rental policy is.
notadequate and threatens our community in many ways.
Thank you for your consideration.
Zena Kuzma, resident in Sisters
Angie Powers
From: Bella Henson <arhenson,henson@gmail.com>
Sent: Monday, February 13, 2023 1:07 PM
To: citizeninput
Subject: Workforce Housing
Some people who received this message don't often get email from arhenson,henson@gmail.com, Learn why this is important
[EXTERNAL EMAIL]
Hello Commissioners, Adair, Chang and DeBone,
My guess is that county residents are more interested in spending $2 million towards workforce housing than
they are in redoing/expanding the County Courthouse area. Cannot we wait for interest rates to come down and
vote for a bond measure for such Courthouse needs?
Since the unrestricted portion of the county Transit Room Tax can be spent on the Workforce Housing
Proposal, please consider this idea on behalf of our workers whose incomes will qualify them for such housing.
It is also my understanding that these local dollars will help leverage state, federal and private
investment. While working for Habitat for Humanity on the regional level, I was well aware how important this
fact is for actually getting something done for housing.
Perhaps most importantly, it helps establish the principle that it will take public investment/subsidy to create
housing units which workers living on local salaries and wages can attain. When our grandsons are finished
with college and want to return home there will be affordable housing for them.
I am sure that you each will think and hopefully act on these points at Wednesday's meeting in RE to Workforce
Housing. I submit this for your Monday public session, since I guess one cannot comment on Wed's agenda
items.
Thank you for your public service.
Sincerely,
Annis Henson
Annis Henson
2399 NW Hosmer Lake Dr.
Bend OR 97703
home 541-389-3314
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Deschutes River Mitigation & Enhancement Committee - Appointments
RECOMMENDED MOTION:
Move approval of the Deschutes River Mitigation and Enhancement Committee -recommended
member appointments for 3-year terms as detailed in the staff memo.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes River Mitigation & Enhancement (M&E) Committee has seven voting members
appointed to three-year terms by the Deschutes County Board of County Commissioners. One (1)
member with an expiring term recently expressed interest in reappointment. The M&E
Committee also nominates Doug Watson to serve on the committee as a representative of
Central Oregon Irrigation District (COID) and Jason Wilcox as a fisheries expert from the Ochoco
and Deschutes National Forests to fill two recent vacancies on the committee.
BUDGET IMPACTS:
None
ATTENDANCE:
Tarik Rawlings, Associate Planner
'TES
TO:
COMMUNITY DEVELOP ENT
MEMORANDUM
Deschutes County Board of County Commissioners (Board)
FROM: Tarik Rawlings, Associate Planner
Will Groves, Planning Manager
DATE: February 2, 2023
SUBJECT: Deschutes River Mitigation and Enhancement Committee / Appointments
The Deschutes River Mitigation & Enhancement (M & E) Committee has seven voting members
appointed to three-year terms by the Deschutes County Board of Commissioners. The M & E
Committee is made up of representative stakeholders, including: conservation organizations, fishery
experts, members at large and COID. One (1) member (Kate Fitzpatrick, Committee Chair) with a term
set to expire on February 28, 2023 has expressed a desire to be reappointed. Committee positions
currently held by Craig Horrell of Central Oregon Irrigation District (COID), and William Seitz (fisheries
expertise) are set to expire on February 28, 2023 and these positions require new appointments. The
M & E Committee nominated Doug Watson, COID Director of Hydro Operations, and Jason Wilcox,
Forest Fisheries Biologist for Ochoco and Deschutes National Forests, to fill the vacant positions
designated for a COID representative and fisheries expertise, respectively.
I. BACKGROUND
In order to mitigate for its siphon hydropower project located upstream from Bill Healy Bridge in Bend,
the Central Oregon Irrigation District (COID) signed an agreement with the Oregon Department of Fish
and Wildlife (ODFW) on March 31, 1987. The agreement was a requirement of a County conditional use
permit (CU-87-2). The goal of the agreement is to ensure that no net Toss of fish, wildlife, habitats, or
recreational opportunities result from construction and operation of the hydropower project. To help
accomplish the goal of the agreement, managers created the Deschutes River M & E Program.
The program sets general priorities for habitat mitigation and enhancement activities based on location
within the upper Deschutes River. These priorities have been further refined to target key fish spawning
and rearing areas and adult fish holding areas. Other program goals are described in the M & E Program
Plan'. The Program is consistent with other regional and statewide plans, such as the ODFW Upper
Deschutes Subbasin Fish Management Plan and the Oregon Conservation Strategy. COID is required
to use a portion of the revenues generated by the power plant for enhancing river habitat and water
conservation improvements in the upper Deschutes basin. The M & E Committee oversees
approximately $90,000/year of funding and reviews plans developed and submitted by ODFW. The
1 https://www.deschutescounty.gov/cd/page/deschutes-river-mitigation-and-enhancement-committee
117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
e. (541) 388-6575 @ cdd@deschutes .org cr www.deschutes.org/cd
program has funded and built over 60 separate fish habitat and bank stabilization projects in the upper
Deschutes River basin since 1989, in addition to several feasibility studies and monitoring projects.
II. COMMITTEE MEMBERSHIP
The following tables describe the current and proposed membership of the M&E Committee. As noted
above, staff recommends the Board reappoint Kate Fitzpatrick to a three-year term (February 28, 2026),
appoint Doug Watson to a three-year term (February 28, 2026), and appoint Jason Wilcox to a three-
year term (February 28, 2026).
Voting Members
Kate Fitzpatrick - Chair
Conservation Organization - Deschutes River
Conservancy
Reappointment requested
Patrick Griffiths
Member at Large - City of Bend Utility Department
Water Resources Manager
Term ends: February 28, 2025
Doug Watson
COID - Director of Hydro Operations
Requested for appointment
Ted Wise
Member at Large - ODFW
Term ends: February 28, 2025
Shaun Pigott
Fisheries Expertise - Trout Unlimited
Term ends: February 28, 2025
Jason Wilcox
Fisheries Expertise - Forest Fisheries Biologist USFS
Requested for appointment
Kris Knight
Conservation Organization - Upper Deschutes
Watershed Council
Term ends: February28, 2025
Non -voting Members
Jackson Morgan
Department of State Lands
Sam Vanlaningham
Oregon Water Resources Department
Jason Gritzner
U.S. Forest Service
Tarik Rawlings
Deschutes County - CDD
Oregon Department of Fish and Wildlife Member
Jerry George
ODFW M & E Coordinator
III. STAFF RECOMMENDATION
Staff recommends the Board reappoint Kate Fitzpatrick to a three-year term (February 28, 2026),
appoint Doug Watson to a three-year term (February 28, 2026), and appoint Jason Wilcox to a three-
year term (February 28, 2026). Additionally, staff recommends the Board issue letters expressing
gratitude to the two (2) outgoing committee members, in line with past Board practices.
Page 2 of 2
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Consideration of a recommendation from the Solid Waste Advisory Committee
relative to the implementation of FAA Advisory Circular 150/5200-33C
recognizing a 5-mile public -use airport exclusion zone for the siting of landfills,
and discussion of siting a new solid waste facility
RECOMMENDED MOTION:
Motion to approve a recommendation from the Solid Waste Advisory Committee to
recognize the FAA recommended 5-mile radius around the Redmond and Bend airports as
a requirement for purposes of screening and selecting candidate sites for the County's
Solid Waste Management Facility.
BACKGROUND AND POLICY IMPLICATIONS:
On January 25, 2023, the Board of County Commissioners gave direction to staff to convene
a special meeting of the SWAC to review Federal Department of Aviation (FAA) Advisory
Circular 150/5200-33C, with regards to a recommendation in the advisory that prohibits the
siting of landfills within a 5-mile radius of a public -use airport.
The SWAC convened on Tuesday, February 7 to discuss the FAA Advisory and the impacts
the 5-mile restriction would have on three sites that have been identified as candidates for
the new Solid Waste Management Facility. Staff also presented a summary of discussions
with management from the Redmond and Bend airports and their positions that no new
landfills be sited within a 5-mile radius of their facilities. Recognizing the 5-mile restriction
would eliminate three candidate sites from consideration, one in Redmond (near the
Negus Transfer Station), and two east of Bend (Central Oregon Irrigation District property
off Bear Creek Road and a site on County -owned property off Rickard Road).
Public comment specific to the FAA Advisory was received at the meeting and those that
spoke to the FAA Advisory and recognizing the 5-mile radius as a requirement were in
support of that position.
A motion was presented and unanimously passed by the SWAC members present
recommending the Board of County Commissioners consider the recommendation in FAA
Advisory Circular 150/5200-33C that landfills not be sited within 5-miles of public use
airports be considered a requirement for the purposes of screening and selecting
candidate sites for the County's Solid Waste Management Facility.
Solid Waste Facility Site Screening Update
In June 2022, the Board of County Commissioners approved the Site Selection Criteria (SSC)
Technical Memorandum, which established the process and methodology for evaluating
and identifying candidate sites for a new facility to replace Knott Landfill, which is
anticipated to reach capacity in 2029. That process focuses on three primary criteria topics:
• Site Characteristics/Engineering
• Natural Environments
• Land Use
After approval of the SSC, the Solid Waste Department, the Parametrix team (consultants
for the facility siting project) and the SWAC began an effort to evaluate candidate sites
throughout the County using the broad site screening criteria, methodology, and scoring
matrix specified in the SSC Memorandum. That process includes the following primary
steps:
1. Identifying exclusionary areas where candidate sites could not be considered due
to factors such as city limits and urban growth boundaries, land use zoning, and
federally mandated siting restrictions.
2. Identifying broad areas of interest that were not impacted by the exclusionary
areas.
3. Identification of 31 potential sites throughout the County that were identified for
broad screening analysis.
4. Further screening of the preliminarily identified sites which resulted in a list of 12
potential candidate sites for consideration in the focused screening process
specified in the SSC. Thirteen sites were originally identified and one was eliminated
as the property owner reached out and indicated he did not want to sell his
property.
In December 2022, the broad area screening results and an overview of the process and
scoring were presented to the SWAC. At the same time, letters were sent to property
owners of candidate sites and owners of properties adjacent to the candidate sites. After
the release of the candidate site list, comments began to be submitted in opposition to
several of the sites on the candidate list.
The January SWAC meeting was formatted to provide a brief update on the site screening
work underway and an overview of comments received to date. The majority of the
meeting time was reserved to receive comments from the public.
Summary of Comments Received
As of Wednesday, February 6, we have received 661 submittals of comments in opposition
to several of the candidate sites. The attached table provides a numerical tally categorizing
the nature of opposition comments received on specific sites. Also attached are Word
Cloud charts which provide a visual representation of the numerical distribution of
comments received for 6 of the current candidate sites. It should be noted that numerous
comments were received that did not address specific sites. With many of the non -site
specific comments, it could be inferred that the comments were directed to all sites east of
the Central Oregon Badlands.
Status of Candidate Sites
Several of the sites have been dropped from further consideration at this time. Those site
include the following:
Site
Reason
151300-Negus/Redmond
FAA 5-mile radius restriction')
181300-COID/Bear Creek
FAA 5-mile radius restriction')
181315-County/Rickard
FAA 5-mile radius restriction')
191400-2400 Millican West
Property owner declined to sell
191600-West Butte
Property owner declined to sell
Assumes Board approved the SWAC recommendation to recognize FAA 5-mile restriction.
There are two privately owned candidate sites whose owners have not responded to
inquiries. Staff has sent follow-up letters requesting a response.
Outreach
Staff exchanged several emails and phone calls with FAA representatives and met with the
Oregon Department of Aviation to ensure there was a full understanding related to
airports and landfill siting.
Staff and the Parametrix team have held preliminary meetings with the Oregon
Department of Fish and Wildlife and the US Department of Fish and Game. The team will
continue to interface with these agencies throughout the siting process.
Meetings are pending with Pine Mountain Observatory and the Oregon Natural Desert
Association to discuss the project.
Early in the process, staff introduced the facility siting effort and process to the Central
Oregon Conservation Network and provided a follow-up presentation to the group on
February 14.
While the facility siting team has reached out to the tribal councils, we have yet to hear
back from any of them at this time.
The facility siting team will host an open house in April to share information with the
community about the site evaluation process efforts to date and steps that will be taken
moving forward with the Solid Waste Management Facility siting project.
Next Steps
Solid Waste and the Parametrix team anticipates presenting the results of the focused site
screening effort at the SWAC meeting on March 21. The SWAC will be provided with
relevant information on the scoring and ranking of the sites will be developed with input
from the SWAC.
Staff will return to the Board for a work session on the results of the focused site screening
and solicit input and direction on the results of both the scoring and ranking. At that time,
the Board could consider modifications to the scoring criteria for the next phase in the site
screening process to address some of the policy issues that have come up during the
process to date and comments received.
Bureau of Land Management Parcels
Early in the facility siting process, the former County Administrator and Director of Solid
Waste met with staff of the Bureau of Land Management (BLM) to explore the possibility of
acquiring BLM land for the County's landfill needs. The outcome of that meeting was that
the County would not pursue BLM land as the location/size of parcels identified for
disposal by BLM were not suitable and the timelines for acquisiton were not viable
considering the anticipated closure for Knott Landfill.
During the current effort, Department and Parametrix staff reviewed BLM parcels that
were classified as Zone 3 (tenured for disposal) and it was determined that those parcels
were either in exclusion areas identified through the SSC effort, or were too small or
improperly shaped to warrant consideration. Additionally, staff contacted BLM with an
inquiry as to confirm the time required for land exchange or conveyance process should
we identify a BLM parcel or parcels that have potential. The response from BLM was that it
can take six to over 10 years to go through the acquisition process, which does work with
the timeline we are facing for securing a new site.
Staff has been working with Commissioner Chang to identify potential BLM parcels that
may suit the needs of the County for a new facility. Commissioner Chang has been working
with elected federal representatives on the possibility for making desirable BLM land more
readily available on a compressed schedule that would meet the County's needs for
property. If successful, parcels that have the potential for use will be included in the site
evaluation process that is underway.
BUDGET IMPACTS:
None
ATTENDANCE:
Chad Centola, Director of Solid Waste
Tim Brownell, Incoming Director of Solid Waste
Dwight Miller, Project Manager, Parametrix
Summary of Comments Submitted
12/15/22-2/6/23
181300
COID
181315
Rickard
191400-200
Moon Pit
191400-3300
201500-300
Millican
191400-2400
Golden Basin
Total Parties Submitting Comments
124
127
219
221
217
General Dissent
111
47
13
8
12
Zoning
Wildlife Zoning
0
1
205
205
205
Landfill Overlay
1
0
0
0
0
Zoning General
40
6
0
8
0
Property
Residence Impacts
110
72
0
0
0
Property Value
91
62
0
1
0
Health
100
62
0
1
0
Transportation
Truck Access Route
7
5
1
0
0
Self Haul Distance
1
0
1
10
0
Traffic
113
44
1
9
0
Haul Distance
1
4
0
3
0
Wildlife
Wildlife (general)
110
31
205
218
205
Raven Impact
0
1
11
20
11
Sage Grouse
0
3
216
226
216
Eagles, other raptors
103
5
216
225
216
Antelope
85
2
216
205
216
Bats
0
2
0
20
0
Deer
100
12
216
205
216
Elk
205
205
205
Cougar
205
205
205
Rodent Problems
0
7
0
2
0
Recreation
Recreation (general)
4
8
205
215
205
Paragliders
0
0
0
8
0
OHV
0
1
0
8
0
Shooting
0
0
0
0
0
Hiking
3
4
0
8
0
Horses
17
5
0
8
0
Biking
2
3
0
0
0
Environmental
Impacts
Litter
52
14
1
10
0
Air
19
41
0
11
0
Groundwater
110
47
0
21
0
Noise
106
45
11
21
11
Light
86
25
11
9
11
Odor
93
30
0
8
0
Visual
1
4
0
8
0
Snow/Ice
0
0
0
0
0
Dust
0
12
0
0
0
Wind
0
2
0
0
0
Engineering
Floodplain
0
0
0
8
0
Topography
1
0
0
8
0
Soils
1
0
0
12
0
Other
Badlands Impact
91
2
218
20
11
Pine Mtn Observatory
1
1
11
8
11
Cultural Resources
17
0
0
0
0
Growth
1
11
0
0
0
Vectors (Birds, Rats)
0
5
0
1
0
Airports
104
3
0
1
0
Wildfire Concerns
86
3
0
0
0
Selection Process
2
7
0
0
0
Communications Concerns
15
6
0
0
0
School
1
1
0
0
0
Residence Impacts
Communications Concerns
Cultural Resources
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Presentation from the Deschutes Trail Coalition on its Stewardship Grants
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes Trail Coalition will announce the awards from its Stewardship Grant
program which is funded by TRT revenues. These awards are used to fund trail or trail -
related infrastructure projects throughout the County. Eligible projects include trail
maintenance and construction, trailhead amenity improvements, restoration projects
adjacent to heavily -used trails, and educational materials to promote sustainable trail
etiquette.
BUDGET IMPACTS:
NA
ATTENDANCE:
Jana Johnson, Executive Director
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Presentation of Workforce Housing Proposal
BACKGROUND AND POLICY IMPLICATIONS:
Cheri Helt will report on Deschutes County's housing needs, particularly as these apply to
persons making between 80% and 120% of average media income (AMI). Ms. Helt will
present a proposal to establish a Housing Trust Fund to provide 66 workforce homes per
year, partially funded by unallocated Transient Room Tax (TRT) revenues. The homes would
remain affordable to qualified employees for 30 years by deed restriction. Ms. Helt's
proposal is attached.
BUDGET IMPACTS:
$2 million from unallocated TRT Revenues.
ATTENDANCE:
Cheri Helt
Deschutes County Housing Trust Fund Policy Proposal
Deschutes County Board of County Commissioners
February 15, 2023
CURRENT HOUSING NEED:
Deschutes Co needs 55,887 total homes by 2040
Deschutes Co needs 11,412 homes for 80 - 120% AMI in the next twenty years'.
- 2022 Deschutes Co 80 - 120% AMI for a family of 4 = $71,900 - $107,880
- Purchase price affordable to this income range = $315,587 - $473,513
Workforce Housing Homeownership Opportunity to support our Deschutes County workforce:
- Food service and accommodation employee (average salary $35,914)
Bend-LaPine SD employees (average salary: $42,734)
St. Charles employee (average salary: $50,500)
Bright Wood Corporation employee (average salary: $45,557)
- Minimum wage employee (approximately $28,080)
REQUEST:
HOUSING TRUST FUND
Funded by Deschutes County's Unallocated Transit Room Tax dollars at $2 million.
Provides a $30K Developer Credit per workforce home upon
closing to offset high cost of market prohibitive conditions,
incentivizing free market development. Home must be built in
the County within the price range allowable for buyers within
80-120% of AMI
Will fund 66 workforce homes per year, which will remain
affordable to Deschutes Co. employees for 30 years by deed
restriction. This investment of taxpayer dollars equates to 1
thousand dollars a year for 30 years of dedicated workforce
housing.
PROGRAM REQUIREMENTS
1. Guaranteed by a 30-year deed restriction,
which would be recorded at closing.
2. Qualifying Family Income is between 80 - 120% adjusted annually for
area median income as defined by HUD and home sales price is in
alignment with income requirements.
'. *RHNA Technical Report Final Revised (oregon.gov) (page 59)
3. Qualifying home price cannot exceed more than 30% of a qualifying
monthly income (including Principle, Interest, Tax, and Insurance).
4. Required to currently be employed in Deschutes County (copy of
employees pay stub required).
5. Must be a primary residence.
6. You are a U.S. citizen or have permanent resident alien status (required
for applicant(s) only).
7. Home (Single family or Middle Housing) that meets all planning and
building code requirements and constructed in Deschutes County can
qualify.
8. At closing of each deed -restricted home that meets all
eligible requirements will be issued $30K to the
builder/developer fulfilling a public private partnership
to offset the high cost and prohibitive market
conditions of building workforce housing from the
Housing Trust Fund until the initial $2 million fund is
depleted.
9. When homeowners sell their home they can only sell
the home for a maximum increase of 1% per year,
capping out at 7% while continuing to meet the 80 -
120% AMI deed restriction allowing the home to remain
affordable to the workforce for 30 years, and the
homeowner to generate income for their next home
this will be on the deed restrictions.
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Consideration of an order to extend the open record period for the Board's
review of two appeals of a modification request to the Thornburgh Resort.
RECOMMENDED MOTIONS:
Move approval of Order 2023-008, extending the open record period for Appeal Nos. 247-
22-000984-A & 247-23-000003-A.
Or
No action.
BACKGROUND AND POLICY IMPLICATIONS:
At the public hearing held on February 1, 2023, the Board established that any party can
request an extension of the post -hearing open record period associated with the Board's
review of two appeals associated with a modification request for the Thornburgh Destination
Resort (ref. Appeal Nos. 247-22-000984-A & 247-23-000003-A). The Board further established
that any extension requests must be received by the Deschutes County Planning Division no
later than Monday, February 13, 2023 at 4pm. In addition, the applicant agreed to notify staff,
no later than Tuesday, February 14, 2023 at 4pm, whether an extension of the 150-day clock
is requested.
At the Board's meeting on February 15, 2023, staff will notify the Board whether any parties
have requested an extension of the open record period and if the applicant has requested
an extension of the 150-day land use clock. If any open record period extension requests are
received, staff will ask the Board if the open record period will continue as established at the
public hearing held on February 1, 2023 or if the deadlines will be amended.
BUDGET IMPACTS:
None
ATTENDANCE:
Caroline House, Senior Planner
Anthony Raguine, Principal Planner
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Public Hearing on 2023 Housekeeping Amendments to Deschutes County Code
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division regularly amends Deschutes County Code and the Comprehensive
Plan to correct minor errors identified by staff, other County departments, and the public.
This process, commonly referred to as "housekeeping," also incorporates updates from
rulemaking at the state level through amendments to Oregon Revised Statutes and Oregon
Administrative Rules, and allows for less substantive code changes to continue efficient
County operations.
The Board of County Commissioners will conduct a public hearing on February 15, 2023 to
consider staff -initiated housekeeping amendments (file no. 247-22-000922-TA). The
Planning Commission reviewed the proposed legislative amendments at a public hearing
on January 26, 2023 and formulated recommendations to the Board.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Associate Planner
�[ES
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Kyle Collins, Associate Planner
DATE: February 7, 2023
SUBJECT: 2023 Housekeeping Amendments - Work Session
The Board of County Commissioners (Board) will conduct a public hearing on February 15, 2023 at
9:00 A.M. at the Deschutes Services Center, 1300 Wall Street, Barnes and Sawyer rooms to consider
housekeeping amendments (file no. 247-22-000922-TA). The Board conducted a work session in
preparation for this public hearing on February 13, 20231. Attached to this memorandum are the
proposed text amendments and a staff report summarizing the changes. Within the proposed
amendments, added language is shown underlined and deleted shown as strikethrough. The public
hearing will be conducted in -person, electronically, and by phone.'
The record is available for inspection at the Planning Division and at the following website:
https://www.deschutes.org/cd/page/2023-housekeeping-text-amendments.
I. BACKGROUND
The Planning Division regularly amends Deschutes County Code (DCC) and the Comprehensive Plan
to correct minor errors identified by staff, other County departments, and the public. This process,
commonly referred to as housekeeping, also incorporates updates from rulemaking at the state
level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules
(OAR). The last time Deschutes County adopted housekeeping amendments occurred in December
2021 and January 2022.3
1 See Board of County Commissioners February 13, 2023 Agenda for more information;
https://www.deschutes.org/bcc/page/boa rd-county-commissioners-meeting-84
2 See Board of County Commissioners February 15, 2023 Agenda for more information:
https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-80
3 Ordinances 2021-013 and 2021-014.
II. OVERVIEW OF AMENDMENTS
The proposed text amendments will affect the following chapters of the Deschutes County Code
and the Comprehensive Plan:
Title 17, Subdivisions
Chapter 17.24. FINAL PLAT
Title 18, County Zoning
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
Chapter 18.16. EXCLUSIVE FARM USE ZONES
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE; MUA
Chapter 18.36. FOREST USE ZONE; F-1
Chapter 18.40. FOREST USE ZONE; F-2
Chapter 18.48. OPEN SPACE AND CONSERVATION ZONE; OS AND C
Chapter 18.60. RURAL RESIDENTIAL ZONE; RR-10
Chapter 18.61. URBAN UNICORPORATED COMMUNITY ZONE; LA PINE
Chapter 18.65. RURAL SERVICE CENTER; UNINCOPORATED COMMUNITY ZONE
Chapter 18.76. AIRPORT DEVELOPMENT ZONE; A-D
Chapter 18.80. AIRPORT SAFETY COMBINING ZONE; A-S
Chapter 18.96. FLOOD PLAIN ZONE; FP
Chapter 18.100. RURAL INDUSTRIAL ZONE; R-I
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18 116 CISUPPLEMENTARY oROV SIONc
Chapter 18.124. SITE PLAN REVIEW
Title 22, Deschutes County Development Procedures Ordinances
Chapter 22.04. INTRODUCTION AND DEFINITIONS
Title 23, Deschutes County Comprehensive Plan
Chapter 23.01. COMPREHENSIVE PLAN
Deschutes County Comprehensive Plan
Chapter 5. SUPPLEMENTAL SECTIONS
III. TRANSPORTATION ANALYSIS
Senior Transportation Planner Peter Russell reviewed the application and findings concerning
Statewide Land Use Planning Goal 12 and the Transportation Planning Rule, and provided the
following comments:
"I have reviewed all of the exhibits for potential Transportation Planning Rule (TPR) effects. If
the proposed use generates less traffic than other uses already allowed outright in the zone,
then by definition there is no adverse effect and thus the amendment complies with the
TPR. Conditionally allowed uses are typically not assessed for TPR compliance as there are
File No. 247-22-000922-TA Page 2 of 4
subsequent land use review processes required, such as site plan review and the County's
traffic study requirements.
In the zones where a land disposal site is a conditional use, there are no TPR findings needed
for the reason stated above as the use will go through subsequent land use review and
typically other conditional uses generate more traffic as they are more intense uses.
In the three instances where a land disposal site is an outright permitted use (DCC 18.36 (F-
1; 18.40 (F-2); and 18.108 (Sunriver Forest)), the use must be auxiliary to the forest use. To
me, that means subordinate which typically means less traffic than the primary use, which
again would be TPR compliant.
In terms of RVs as permanent residence, the trip assumption is still the same as it's a single-
family residence. Whether stick -built or a manufactured home or an RV, the home site will
generate the same number of trips. Again, there would not be an adverse effect and thus
the amendment complies with the TPR."
IV. AGENCY COMMENTS
As of the submission date of this memorandum (February 7, 2023), the following section
summarizes written comments which have been received from agency partners:
Deanna Wright, Department of Land Conservation and Development, National Flood Insurance
Program Coordinator:
• Received feedback regarding necessary changes to the temporary RV residency code
provisions in designated floodplain areas to maintain compliance with the mandated
standards of the National Flood Insurance Program (NFIP)
• Changes to the proposed amendments were made based on NFIP standards
Randy Scheid, Deschutes County Building Official:
• Request to prohibit permanent additions (such as cabanas, ramadas, etc.) to temporary
use structures, including manufactured homes used as medical hardship dwellings
• Permanent, fixed additions can challenge removal of temporary residences when they are
required to be moved offsite
• Proposed amendments currently limit permanent additions to RVs utilized as temporary
residences following past practice and DCC provisions
• Additional limitations for manufactured homes likely constitute policy decisions at a County
level and move beyond standard housekeeping
File No. 247-22-000922-TA Page 3 of 4
V. PUBLIC COMMENTS
As of the submission date of this memorandum (February 7, 2023), the following section
summarizes written comments which have been received from members of the public:
Dianne Lozito and Nunzie Gould:
• Received comments concerning the Lynch and Roberts Store Advertisement, a listed
cultural and historic resource as part of the County's Goal 5 inventory
• County should ensure that the correct location for the listed resource is entered into the
Comprehensive Plan
• The current amendments include a correction to the listed location for the Lynch and
Roberts Store Advertisement in the Comprehensive Plan
VI. PLANNING COMMISSION REVIEW
The Planning Commission held a work session on this item on January 12, 2023, followed by a public
hearing on January 26, 20234. No written comments were received and no parties testified during
the hearing. The Planning Commission closed the oral and written portions of the hearing on
January 26, 2023 and voted to unanimously to recommend approval of the proposed amendments
during the same meeting.
VII. NEXT STEPS
At the conclusion of the public hearing, the Board may:
• Continue the hearing to a date certain;
• Close the hearing and leave the written record open to a date certain; or
• Close the hearing, and commence deliberations.
Attachments
1) Ordinance 2023-001 (Non -Emergency) with Corresponding Exhibits
4 See Planning Commission January 26, 2023 Agenda for more information: https://www.deschutes.org/bc-
pc/page/planning-commission-32
File No. 247-22-000922-TA Page 4 of 4
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17, Subdivision and
Partition Ordinance, Title 18, Zoning Ordinance,
Title 22, Procedures Ordinance of the Deschutes
County Code, and Title 23, Deschutes County
Comprehensive Plan to Incorporate Changes to State
Law, and Provide Clarification of Existing
Regulations, Procedures, and Policies.
ORDINANCE NO. 2023-001
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-22-000922-TA) to the Deschutes County Code ("DCC"), Chapter 17.24 — Final
Plat, Chapter 18.04 — Purpose and Definitions, Chapter 18.16 — Exclusive Farm Use Zones, Chapter 18.32 —
Multiple Use Agricultural Zone MUA, Chapter 18.36 — Forest Use Zone F l , Chapter 18.40 — Forest Use Zone F2,
Chapter 18.48 — Open Space and Conservation Zone OS&C, Chapter 18.60 — Rural Residential Zone RR-10,
Chapter 18.61 — Urban Unincorporated Community Zone La Pine, Chapter 18.65 — Rural Service Center
Unincorporated Community Zone, Chapter 18.76 — Airport Development Zone A-D, Chapter 18.80 — Airport
Safety Combining Zone AS, Chapter 18.96 — Flood Plain Zone FP, Chapter 18.100 — Rural Industrial Zone R-I,
Chapter 18.108 — Urban Unincorporated Community Zone Sunriver, Chapter 18.116 — Supplementary Provisions,
Chapter 18.124 — Site Plan Review, Chapter 22.04 — Introductions and Definitions, and Title 23 — Deschutes
County Comprehensive Plan Chapter 5; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed amendments on January
26, 2023, and subsequently forwarded a recommendation of Approval to the Deschutes County Board of County
Commissioners ("Board"); and
WHEREAS, the Board considered this matter after a duly noticed public hearing on February 15, 2023,
and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive
Plan Title 23 and Deschutes County Code Chapter Titles 17, 18, and 22; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT.
and by this reference incorporated
strikethrough.
Section 2. AMENDMENT.
and by this reference incorporated
ctrikethrough.
DCC 17.24 is amended to read as described in Exhibit "A," attached hereto
herein, with new language underlined and language to be deleted in
DCC 18.04 is amended to read as described in Exhibit "B," attached hereto
herein, with new language underlined and language to be deleted in
PAGE 1 OF 4 - ORDINANCE NO. 2023-001
Section 3. AMENDMENT. DCC 18.16 is
and by this reference incorporated herein, with
strikethrough.
Section 4. AMENDMENT. DCC 18.32''is
and by this reference incorporated herein, with
strikethrough.
Section 5. AMENDMENT.
and by this reference incorporated
strikethrough.
Section 6. AMENDMENT.
and by this reference incorporated
strikethrough.
Section 7. AMENDMENT.
and by this reference incorporated
strikethrough.
Section 8. AMENDMENT.
and by this reference incorporated
strikethrough.
DCC 18.36; is
herein, with
DCC 18.40 is
herein, with
DCC 18.48'is
herein, with
DCC 18.60 is
herein, with
amended to read as described in Exhibit "C," attached hereto
new language underlined and language to be deleted in
amended to read as described in Exhibit "D," attached hereto
new language underlined and language to be deleted in
amended to read as described in Exhibit "E," attached hereto
new language underlined and language to be deleted in
amended to read as described in Exhibit "F," attached hereto
new language underlined and language to be deleted in
amended to read as described in Exhibit "G," attached hereto
new language underlined and language to be deleted in
amended to read as described in Exhibit "H," attached hereto
new language underlined and language to be deleted in
Section 9. AMENDMENT. DCC 18.61 is amended to read as described in Exhibit "I," attached hereto
and by this icicicii.e incorporated herein, wile new language underlined and language to be
strikethrough.
de1
leted III
Section 10. AMENDMENT. DCC 18.65 is amended to read as described in Exhibit "J," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
Section 11. AMENDMENT. DCC 18.76 is amended to read as described in Exhibit "K," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
irikethrough
Section 12. AMENDMENT. DCC 18.80 is amended to read as described in Exhibit "L," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
Section 13. AMENDMENT. DCC 18.96 is amended to read as described in Exhibit "M," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
Section 14. AMENDMENT. DCC 18.100 is amended to read as described in Exhibit "N," attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
PAGE 2 OF 4 - ORDINANCE NO. 2023-001
Section 15. AMENDMENT. DCC 18.108 is amended to read as described in Exhibit "0," attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
Section 16. AMENDMENT. DCC 18.116 is amended to read as described in Exhibit "P," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
triketh,ro,,gr
Section 17. AMENDMENT. DCC 18.124 is amended to read as described in Exhibit "Q," attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
trikethroug
Section 18. AMENDMENT. DCC 22.04 is amended to read as described in Exhibit "R," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
strikes.
Section 19. AMENDMENT. DCC 23.01 is amended to read as described in Exhibit "S," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
Section 20. AMENDMENT. Deschutes County Comprehensive Plan, Section 5.9, Cultural and Historic
Resources, is amended to read as described in Exhibit "T," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strikethrough.
Section 20. AMENDMENT. Deschutes County Comprehensive Plan, Section 5.12, Legislative History,
is amended to read as described in Exhibit "U," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in striletlifeugli.
Section 21. FINDINGS. The Board adopts as its findings Exhibit "V", attached and incorporated by
reference herein.
///
PAGE 3 OF 4 - ORDINANCE NO. 2023-001
Dated this of , 20_ BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
Recording Secretary PHIL CHANG, Commissioner
Date of 1st Reading: day of , 2023.
Date of 2nd Reading: day of , 2023.
Commissioner
Anthony DeBone
Phil Chang
Patti Adair
Record of Adoption Vote
Yes No Abstained Excused
Effective date: day of , 2023.
ATTEST
Recording Secretary
PAGE 4 OF 4 - ORDINANCE NO. 2023-001
Exhibit A - Ordinance 2023-001
CHAPTER 17.24 FINAL PLAT
17.24.010 Applicability
17.24.020 Submission; Extensions
17.24.030 Submission For Phased Development
17.24.040 Form
17.24.050 Requirements Of Survey And Plat
17.24.060 Required Information
17.24.070 Supplemental Information
17.24.080 (Repealed)
17.24.090 Approval By Irrigation Districts
17.24.100 Technical Review
17.24.105 Final Plat Review
17.24.110 Conditions Of Approval
17.24.120 Improvement Agreement
17.24.130 Security
17.24.140 Approval
17.24.150 Recording
17.24.160 Approval And Recordation Of Subdivision Interior Monuments
17.24.170 Correction Of Errors
17.24.060 Required Information
In addition to that required for the tentative plan or otherwise specified by law, the following
f t' h ll on the submitted plat:
information shall be showna
A. Name of subdivision and plat number for a final subdivision plat, or the partition application
number and space for the partition plat number for a final partition plat.
B. Name of owner, applicant and surveyor.
C. The date, scale, true north, key to symbols, controlling topography such as bluffs, creeks and
other bodies of water, and existing highways and railroads.
D. Legal description of the tract boundaries.
E. The exact location and width of streets and easements intercepting the boundary of the tract.
F. Tract, lot or parcel boundary lines and street rights of way and centerlines, with dimensions,
bearing or deflection angles, radii, arcs, points of curvature and tangent bearings. Normal high
water lines for any creek, bay or other body of water. Tract boundaries and street bearings shall
be shown to the nearest second with the basis of bearings. Distances shall be shown to the
nearest 0.01 feet.
G. Streets. The width of the streets being dedicated and the curve data shall be based on the street
centerline. In addition to the centerline dimensions, the radius and central angle shall be
indicated, together with the long chord distance and bearing.
H. Easements. The location, dimensions and purpose of all recorded and proposed public
easements shall be shown on the plat along with the County Clerk's recording reference if the
easement has been recorded with the County Clerk. All such easements shall be denoted by fine
dotted lines and clearly identified. If an easement is not of record, a statement of the grant of
easement shall be given. If the easement is being dedicated by the plat, it shall be properly
referenced in the owner's certificate of dedication..
I. Southern Building Line. The southern building line shall be shown on each lot or parcel which is
benefited by solar height restrictions on burdened lots within the subdivision or partition.
J. Bicycle and Pedestrian Facilities. The location, width and type (i.e., route, lane or path) of all
bicycle and pedestrian facilities, including access corridors.
K. Lot or Parcel Numbers. Lot or parcel numbers beginning with the number one and numbered
consecutively.
L. Block Numbers. Block numbers shall not be allowed for any subdivision application submitted
for tentative approval after January 1, 1992, unless such subdivision is a continued phase of a
previously recorded subdivision, bearing the same name, that has previously used block
numbers or letters. The numbers shall begin with the number one and continue consecutively
without omission or duplication throughout the subdivision. The numbers shall be placed so as
not to obliterate any figure. Block numbers in an addition to a subdivision of the same name
shall be a continuation of the numbering in the original subdivision.
M Public Lands. Public lands, including strips and easements, shall be clearly marked to distinguish
them from lots or parcels intended for sale.
N. Access Restrictions. Limitations on rights of access to and from streets, lots or parcels and other
tracts of land.
O. Area. The area of each lot or parcel, if larger than one acre, to the nearest hundredth of an acre;
and the area of each lot or parcel less than one acre, to the nearest square foot.
P. Statement of Water Rights.
Q.
1. Each subdivision or partition plat shall include a statement of water rights on the plat.
The statement shall indicate whether a water right or permit is appurtenant to the
subject property. If a water right is appurtenant, the certificate number must appear
with the statement. If a water permit rather than a perfected water right is
appurtenant, the permit number shall be included on the plat.
2. If a water right is appurtenant, the applicant shall submit a copy of the final plat to the
State Water Resources Department, except for those plats with lots or parcels served by
irrigation districts.
3. All final plats for parcels within an irrigation district shall be signed by an authorized
person from the district.
Statements. The following statements are required:
1. Land Divider's Declaration.
a. An acknowledged affidavit of the person proposing the land division (declarant)
stating that he has caused the plat to be prepared in accordance with the
provisions of ORS 92 and dedicating any common improvements, such as
streets, bike paths or walkways, parks or open space, sewage disposal or water
supply systems, required under DCC 17.24.060 or as a condition of approval of
the tentative plan or plat. The declaration shall also include the creation of any
other public or private easements.
b. If the declarant is not the fee owner of the property, the fee owner and the
vendor under any instrument of sale shall also execute the declaration for the
purpose of consenting to the property being divided and to any dedication or
creation of an easement or other restriction. Likewise, the holder of any
mortgage or trust deed shall also execute the declaration for purposes of
consenting to the property being divided and for the purpose of assenting to
any dedication or creation of an easement or other restriction.
c. In lieu of signing the declaration on the plat, any required signatory to the
declaration other than the declarant may record an acknowledged affidavit
consenting to the declaration and to any dedication or donation of property for
public purposes or creation of an easement or other restriction.
2. A certificate certifying preparation of the plat in conformance with the provisions of
state law signed by the surveyor responsible for the survey and final plat and stamped
with his seal.
3. Any other affidavit required by state regulations.
R. Signature Lines. Unless otherwise stated herein, signature lines for the following officials
signifying their approval:
1. County Surveyor.
2. Road Department Director.
3. County Environmental Health DircctorSoils Division, unless the property is to be
connected to a municipal sewer system.
4. County Assessor (subdivisions and nonfarm partitions only).
5. County Tax Collector (subdivisions only).
6. Authorized agent for any irrigation district servicing the subdivision or partition.
7. County Planning Director.
8. County Commissioners.
9. Any other signature required by state regulation.
S. The plat shall contain a statement located directly beneath the signatures of the County
Commissioners stating as follows: "Signature by the Board of Commissioners constitutes
acceptance by the County of any dedication made herein to the public."
T. Adjacent SM Zone. Any plat of a subdivision or partition adjoining an SM zone must clearly show
where such zone is located in relation to the subdivision or partition boundaries.
HISTORY
Adopted by Ord. PL-14 §4.050 on 11/1/1979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.030 on 12/31/1981
Amended by Ord. 83-039 §6 on 6/1/1983
Renumbered by Ord. 90-003 §1 on 1/8/1990
Amended by Ord. 90-015 §1 on 2/21/1990
Amended by Ord. 93-012 §26 on 8/4/1993
Amended by Ord. 2006-007 §4 on 8/29/2006
Amended by Ord. 2023-001 §1 on X/XX/2023
Exhibit B - Ordinance 2023-001
CHAPTER 18.04 TITLE, PURPOSE AND DEFINITIONS
18.04.010 Title
18.04.020 Purpose
18.04.030 Definitions
18.04.030 Definitions
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030.
"Community service use" means any public or semi-public uses, such as #+IIs-land disposal sites,
schools, utility facilities, churches, community buildings, fire stations, cemeteries, mausoleums,
crematories, airports and private uses which attract significant numbers of people, such as airports,
livestock sales yards and other similar uses.
"Public use" means a use owned or operated by a public agency for the benefit of the public generally.
This does not include landfill land disposal sites, garbage dumps or utility facilities.
"Utility facility" means any major structures, excluding hydroelectric facilities, owned or operated by a
public, private or cooperative electric, fuel, communications, sewage or water company for the
generation, transmission, distribution or processing of its products or for the disposal of cooling water,
waste or by-products, and including power transmission lines, major trunk pipelines, power substations,
telecommunications facilities, water towers, sewage lagoons, sanitary landfillsland disposal sites and
similar facilities, but excluding local sewer, water, gas, telephone and power distribution lines, and
similar minor facilities allowed in any zone. This definition shall not include wireless telecommunication
facilities where such facilities are listed as a separate use in a zone.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 82-013 §1 on 5/25/1982
Amended by Ord. 83-037 §2 on 6/1/1983
Amended by Ord. 83-033 §1 on 6/15/1983
Amended by Ord. 84-023 §1 on 8/1/1984
Amended by Ord. 85-002 §2 on 2/13/1985
Amended by Ord. 86-032 §1 on 4/2/1986
Amended by Ord. 86-018 §1 on 6/30/1986
Amended by Ord. 86-054 §1 on 6/30/1986
Amended by Ord. 86-056 §2 on 6/30/1986
Amended by Ord. 87-015 §1 on 6/10/1987
Amended by Ord. 88-009 §1 on 3/30/1988
Amended by Ord. 88-030 §3 on 8/17/1988
Amended by Ord. 88-030 §4 on 8/17/1988
Amended by Ord. 89-004 §1 on 3/24/1989
Amended by Ord. 89-009 §2 on 11/29/1989
Amended by Ord. 90-014 §2 on 7/12/1990
Amended by Ord. 91-002 §11 on 2/6/1991
Amended by Ord. 91-005 §1 on 3/4/1991
Amended by
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Ord. 92-025 §1 on 4/15/1991
Ord. 91-020 §1 on 5/29/1991
Ord. 91-038 §§3 and 4 on 9/30/1991
Ord. 92-004 §§1 and 2 on 2/7/1992
Ord. 92-034 §1 on 4/8/1992
Ord. 92-065 §§1 and 2 on 11/25/1992
Ord. 92-066 §1 on 11/25/1992
Ord. 93-002 §§1, 2 and 3 on 2/3/1993
Ord. 93-005 §§1 and 2 on 4/21/1993
Ord. 93-038 §1 on 7/28/1993
Ord. 93-043 §§1, 1A and 18 on 8/25/1993
Ord. 94-001 §§1, 2, and 3 on 3/16/1994
Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 6/8/1994
Ord. 94-041 §§2 and 3 on 9/14/1994
Ord. 94-038 §3 on 10/5/1994
Ord. 94-053 §1 on 12/7/1994
Ord. 95-007 §1 on 3/1/1995
Ord. 95-001 §1 on 3/29/1995
Ord. 95-075 §1 on 11/29/1995
Ord. 95-077 §2 on 12/20/1995
Ord. 96-003 §2 on 3/27/1996
Ord. 96-082 §1 on 11/13/1996
Ord. 97-017 §1 on 3/12/1997
Ord. 97-003 §1 on 6/4/1997
Ord. 97-078 §5 on 12/31/1997
Ord. 2001-037 §1 on 9/26/2001
Ord. 2001-044 §2 on 10/10/2001
Ord. 2001-033 §2 on 10/10/2001
Ord. 2001-048 §1 on 12/10/2001
Ord. 2003-028 §1 on 9/24/2003
Ord. 2004-001 §1 on 7/14/2004
Ord. 2004-024 §1 on 12/20/2004
Ord. 2005-041 §1 on 8/24/2005
Ord. 2006-008 §1 on 8/29/2006
Ord. 2007-019 §1 on 9/28/2007
Ord. 2007-020 §1 on 2/6/2008
Ord. 2007-005 §1 on 2/28/2008
Ord. 2008-015 §1 on 6/30/2008
Ord. 2008-007 §1 on 8/18/2008
Ord. 2010-018 §3 on 6/28/2010
Ord. 2010-022 §1 on 7/19/2010
Ord. 2011-009 §1 on 10/17/2011
Ord. 2012-004 §1 on 4/16/2012
Ord. 2012-007 §1 on 5/2/2012
Amended by Ord. 2013-008 §1 on 7/5/2013
Amended by Ord. 2014-009 §1 on 8/6/2014
Amended by Ord. 2015-004 §1 on 4/22/2015
Amended by Ord. 2016-015 §1 on 7/1/2016
Amended by Ord. 2016-026 §1 on 11/9/2016
Amended by Ord. 2016-006 §1 on 2/27/2017
Amended by Ord. 2017-015 §1 on 11/1/2017
Repealed by Ord. 2018-005 §8 on 10/10/2018
Amended by Ord. 2018-006 §4 on 11/20/2018
Amended by Ord. 2019-010 §1 on 5/8/2019
Amended by Ord. 2019-016 §1 on 2/24/2020
Amended by Ord. 2020-001 §1 on 4/21/2020
Amended by Ord. 2020-010 §1 on 7/3/2020
Amended by Ord. 2020-007 §7 on 10/27/2020
Amended by Ord. 2021-013 §3 on 4/5/2022
Amended by Ord. 2023-001 §2 on X/XX/2023
Exhibit C - Ordinance 2023-001
CHAPTER 18.16 EXCLUSIVE FARM USE ZONES
18.16.010 Purpose
18.16.020 Uses Permitted Outright
18.16.023 Lawfully Established Dwelling Replacement
18.16.025 Uses Permitted 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
18.16.030 Conditional Uses Permitted; High Value And Non -High Value Farmland
18.16.031 Conditional Uses On Non -High Value Farmland Only
18.16.033 Conditional Uses On High Value Farmland Only
18.16.035 Destination Resorts
18.16.037 Guest Ranch
18.16.038 Special Conditions For Certain Uses Listed Under DCC 18.16.025
18.16.040 Limitations On Conditional Uses
18.16.042 Agri -Tourism And Other Commercial Events Or Activities Limited Use Permit
18.16.043 Single Permit
18.16.050 Standards For Dwellings In The EFU Zones
18.16.055 Land Divisions
18.16.060 Dimensional Standards
18.16.065 Subzones
18.16.067 Farm Management Plans
18.16.070 Yards
18.16.080 Stream Setbacks
18.16.090 Rimrock Setback
18.16.070 Yards
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60
feet from a property line fronting on a collector street, and 100 feet from a property line
fronting on an arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on
property with side yards adjacent to property currently employed in farm use, and receiving
special assessment for farm use, the side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on
property with a rear yard adjacent to property currently employed in farm use, and receiving
special assessment for farm use, the rear yard shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in Section
18.116.180.
l9- E.In addition to the setbacks set forth herein, any greater setbacks required by applicable building
or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be
met.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
83-037 §8 on 6/1/1983
91-038 §§1 and 2 on 9/30/1991
92-065 §3 on 11/25/1992
93-004 §3 on 3/31/1993
94-008 §16 on 6/8/1994
2009-014 §1 on 6/22/2009
2023-001 §3 on X/XX/2023
Exhibit D - Ordinance 2023-001
CHAPTER 18.32 MULTIPLE USE AGRICULTURAL ZONE; MUA
18.32.010 Purpose
18.32.020 Uses Permitted Outright
18.32.030 Conditional Uses Permitted
18.32.035 Destination Resorts
18.32.040 Dimensional Standards
18.32.050 Yards
18.32.060 Stream Setbacks
18.32.070 Rimrock Setback
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. A disposal site which includes a land disposal site for which the Department of Environmental
Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings
necessary for its operation.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.
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.
AB. Horse events, including associated structures, not allowed as a permitted use in this zone.
AC. 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.
AD. A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules
660-004-0040(8)(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.
AE. 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.
AF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
AG. Guest lodge.
AH. 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.
HISTORY
Adopted by 0
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
rd. PL-15 on 11/1/1979
Ord. 80-206 §3 on 10/13/1980
Ord. 83-033 §2 on 6/15/1983
Ord. 86-018 §7 on 6/30/1986
Ord. 90-014 §§27 and 35 on 7/12/1990
Ord. 91-002 §7 on 2/6/1991
Ord. 91-005 §§19 and 20 on 3/4/1991
Ord. 91-020 §1 on 5/29/1991
Ord. 91-038 §1 on 9/30/1991
Ord. 92-055 §2 on 8/17/1992
Ord. 93-043 §§4A and B on 8/25/1993
Ord. 94-008 §11 on 6/8/1994
Ord. 94-053 §2 on 12/7/1994
Ord. 96-038 §1 on 6/12/1996
Ord. 97-017 §2 on 3/12/1997
Ord. 97-029 §2 on 5/14/1997
Ord. 97-063 §3 on 11/12/1997
Ord. 2001-016 §2 on 3/28/2001
Ord. 2001-039 §2 on 12/12/2001
Ord. 2004-002 §4 on 4/28/2004
Ord. 2009-018 §1 on 11/5/2009
Ord. 2015-002 §1 on 7/8/2015
Ord. 2015-002 §1 on 7/8/2015
Ord. 2016-015 §3 on 7/1/2016
Ord. 2020-001 §4 on 4/21/2020
Amended by Ord. 2021-004 §2 on 5/27/2021
Amended by Ord. 2021-013 §5 on 4/5/2022
Amended by Ord. 2023-001 §4 on X/XX/2023
Exhibit E - Ordinance 2023-001
CHAPTER 18.36 FOREST USE ZONE; F-1
18.36.010 Purpose
18.36.020 Uses Permitted Outright
18.36.030 Conditional Uses Permitted
18.36.040 Limitations On Conditional Uses
18.36.050 Standards For Single -Family Dwellings
18.36.060 Siting Of Dwellings And Structures
18.36.070 Fire Siting Standards For Dwellings And Structures
18.36.080 Fire Safety Design Standards For Roads
18.36.085 Stocking Requirement
18.36.090 Dimensional Standards
18.36.100 Yards And Setbacks
18.36.110 Stream Setbacks
18.36.120 State Law Controls
18.36.130 Rimrock Setbacks
18.36.140 Restrictive Covenants
18.36.020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria
set forth in DCC 18.36 and any other applicable provisions of DCC Title 18.
A. Forest operations or forest practices including, but not limited to, reforestation of forest land,
road construction and maintenance, harvesting of a forest tree species, application of chemicals
and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on -site structures, that are auxiliary to and used during the term of a particular
forest operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here,
temporary structures are those which are portable and/or not placed on a permanent
foundation, and which are removed at the conclusion of the forest operation requiring its use.
For the purposes of this section, including DCC 18.36.020(6) and (C) "auxiliary" means a use or
alteration of a structure or land, that provides help or is directly associated with the conduct of
a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is
not designed to remain for the forest's entire growth cycle from planting to harvesting. An
auxiliary use is removed when a particular forest practice has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those
made for purposes of exploration, mining, commercial gravel extraction and processing,
Iandfillsland disposal sites, dams, reservoirs, road construction or recreational facilities, subject
to the Forest Practices Act (ORS Chapter 527) and Goal 4). Gravel extraction and processing not
covered by DCC 18.36.020 is governed by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment
(e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or
equipment that provides service hookups, including water service hookups.
G. Temporary portable facility for the primary processing of forest products. The facility shall not
be placed on a permanent foundation and shall be removed at the conclusion of the forest
operation requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element
of the comprehensive plan including public road and highway projects as described in ORS
215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected
to a sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use
within three months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000
persons that is not anticipated to continue for more than 120 hours in any three-month period
is not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-
006.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 91-002 §8 on 2/6/1991
Amended by Ord. 92-025 §2 on 4/15/1991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 94-038 §1 on 10/5/1994
Amended by Ord. 2003-007 §1 on 3/26/2003
Amended by Ord. 2012-007 §3 on 5/2/2012
Amended by Ord. 2023-001 §5 on X/XX/2023
Exhibit F - Ordinance 2023-001
CHAPTER 18.40 FOREST USE ZONE; F-2
18.40.010 Purpose
18.40.020 Uses Permitted Outright
18.40.030 Conditional Uses Permitted
18.40.040 Limitations On Conditional Uses
18.40.050 Standards For Single -Family Dwellings
18.40.060 Siting Of Dwellings And Structures
18.40.070 Fire Siting Standards For Dwellings And Structures
18.40.080 Fire Safety Design Standards For Roads
18.40.085 Stocking Requirement
18.40.090 Dimensional Standards
18.40.100 Yards And Setbacks
18.40.110 Stream Setbacks
18.40.120 State Law Controls
18.40.130 Rimrock Setback
18.40.020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria
set forth in DCC 18.40 and any other applicable provisions of DCC Title 18:
A. Forest operations or forest practices including, but not limited to, reforestation of forest land,
road construction and maintenance, harvesting of a forest tree species, application of chemicals
and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on -site structures that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here,
temporary structures are those which are portable and/or not placed on a permanent
foundation, and which are removed at the conclusion of the forest operation requiring its use.
For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or
alteration of a structure or land that provides help or is directly associated with the conduct of a
particular forest practice. An auxiliary structure is located on site, temporary in nature, and is
not designed to remain for the forest's entire growth cycle from planting to harvesting. An
auxiliary use is removed when a particular forest practice has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those
made for purposes of exploration, mining, commercial gravel extraction and processing,
landfillsland disposal sites, dams, reservoirs, road construction or recreational facilities, subject
to the Forest Practices Act (ORS Chapter 527 and Goal 4). Gravel extraction and processing not
covered by DCC 18.40.020 is governed by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment
(e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or
equipment that provides service hookups, including water service hookups.
G. Temporary portable facility for the primary processing of forest products. The facility shall not
be placed on a permanent foundation and shall be removed at the conclusion of the forest
operation requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element
of the comprehensive plan including public road and highway projects as described in ORS
215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected
to a sanitary waste disposal system;
2 Has interior wiring for interior lightc;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use
within three months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000
persons that is not anticipated to continue for more than 120 hours in any three-month period
is not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-
006.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 91-002 §9 on 2/6/1991
Amended by Ord. 91-005 §21 on 3/4/1991
Amended by Ord. 92-025 §3 on 4/15/1991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 94-038 §2 on 10/5/1994
Amended by Ord. 2003-007 §2 on 3/26/2003
Amended by Ord. 2012-007 §4 on 5/2/2012
Amended by Ord. 2023-001 §6 on X/XX/2023
Exhibit G - Ordinance 2023-001
CHAPTER 18.48 OPEN SPACE AND CONSERVATION ZONE; OS AND C
18.48.010 Purpose
18.48.020 Uses Permitted Outright
18.48.030 Conditional Uses Permitted
18.48.040 Dimensional Standards
18.48.050 Setbacks
18.48.060 Limitations On Conditional Uses
18.48.070 Limitations On Small Hydroelectric Facilities
18.48.030 Conditional Uses Permitted
The following uses may be allowed subject to DCC 18.128:
A. Private parks, picnic areas or hunting and fishing preserves.
B. Public parks and recreational areas owned and operated by a governmental agency or nonprofit
community organization.
C. Utility facility except I3ndfiI.Island disposal sites.
D. Water supply and treatment facility.
E. 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 DCC 18.128.270.
F. Campground.
G. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
H. 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.
HISTORY
Adopted by Ord. PL-15 §4.090(3) on 11/1/1979
Amended by Ord. 91-038 §1 on 9/30/1991
Amended by Ord. 92-004 §9 on 2/7/1992
Amended by Ord. 94-041 §1 on 9/14/1994
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §3 on 12/12/2001
Amended by Ord. 2023-001 §7 on X/XX/2023
Exhibit H - Ordinance 2023-001
CHAPTER 18.60 RURAL RESIDENTIAL ZONE; RR-10
18.60.010 Purposes
18.60.020 Uses Permitted Outright
18.60.030 Conditional Uses Permitted
18.60.035 Destination Resorts
18.60.040 Yard And Setback Requirements
18.60.050 Stream Setback
18.60.060 Dimensional Standards
18.60.070 Limitations On Conditional Uses
18.60.080 Rimrock Setback
18.60.090 Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone
18.60.030 Conditional Uses Permitted
The following uses may be allowed subject to DCC 18.128:
A. Public park, playground, recreation facility or community center owned and operated by a
government agency or nonprofit community organization.
B. Dude ranch.
C. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
D. Personal use landing strip for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. A personal use landing strip as used in DCC 18.60.030 means
an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent
and occasional basis, by invited guests. 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.
E. Planned development.
F. Cluster development.
G. Recreation -oriented facility requiring large acreage such as off -road vehicle track or race track,
but not including a rodeo grounds.
H. A disposal site which includes a land disposal site for which the Department of Environmental
Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings
necessary for its operation. Landfill when a written tentative approval by Department of
Environmental Quality (DEQ) of the site is submitted with the application.
I. Cemetery.
J. Time-share unit or the creation thereof.
K. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
V.
L. Bed and breakfast inn.
M. Golf course.
N. 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.
O. Religious institutions or assemblies.
P. Public Uses.
Q. Semipublic Uses.
R. Commercial horse stables.
S. Private or public school, including all buildings essential to the operation of such a school.
T. 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 expansion, conversion and combination of such uses on the same parcel, as configured
on June 12, 1996.
U. The full or partial conversion from a manufactured home park or recreational vehicle park
described in DCC 18.60.030 (T) to a manufactured home park or recreational vehicle park on the
same parcel, as configured on June 12, 1996.
Wireless telecommunications facilities except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
W. 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.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 83-033 §5 on 6/15/1983
Amended by Ord. 86-018 §13 on 6/30/1986
Amended by Ord. 90-014 §22 on 7/12/1990
Amended by Ord. 91-005 §32 on 3/4/1991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 92-004 §10 on 2/7/1992
Amended by Ord. 93-043 §§8A and 88 on 8/25/1993
Amended by Ord. 94-008 §13 on 6/8/1994
Amended by Ord. 96-021 §1 on 2/28/1996
Amended by Ord. 96-038 §2 on 6/12/1996
Amended by Ord. 97-017 §3 on 3/12/1997
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §5 on 12/12/2001
Amended by Ord. 2004-002 §8 on 4/28/2004
Amended by Ord. 2009-018 §2 on 11/5/2009
Amended by Ord. 2020-001 §5 on 4/21/2020
Amended by Ord. 2023-001 §8 on X/XX/2023
Exhibit I _ Ordinance 2023-001
CHAPTER 18.61 URBAN UNINCORPORATED COMMUNITY ZONE; LA PINE
18.61.010 Purpose
18.61.020 Standards In All Districts
18.61.030 La Pine Planning Area
18.61.040 Wickiup Junction Planning Area
18.61.050 Neighborhood Planning Area
18.61 Table 1 La Pine Neighborhood Planning Area Density Standards
18.61 Table 2 La Pine Neighborhood Planning Area Zoning Standards
18.61.030 La Pine Planning Area
The La Pine Planning Area is composed of eight zoning districts, each with its own set of allowed uses
and regulations, as further set forth in DCC 18.61.030.
A. La Pine Residential District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright:
a. Single-family dwelling.
b. Manufactured home subject to DCC 18.116.070.
c. Two-family dwelling or duplex.
d. Agricultural use as defined in DCC Title 18, subject to the following limitations:
1. Cows, horses, goats or sheep shall not be kept on lots having an area
less than 20,000 square feet. The total number of all such animals over
the age of six months shall be limited to the square footage of the lot
divided by 20,000.
2. The number of chickens, fowl or rabbits over the age of six months shall
not exceed one for each 500 square feet of land.
e. Class 11 road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC
18.116.230.
f. Class III road and street project.
g. Excavation, grading or fill and removal activities involved in creation of a
wetland in areas not requiring a conditional use permit for fill or removal.
h. Forest operation and forest practice including, but not limited to, reforestation
of forest land, road construction and maintenance, harvesting of a forest tree
species, application of chemicals and disposal of slash.
2. Conditional Uses Permitted. The following uses may be allowed subject to applicable
provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use:
a. Multi -family dwelling with three or more units.
b. Park, playground and community building.
c. Utility facility, except landfillland disposal sites.
d. Excavation, grading and fill and removal within the bed and banks of a stream or
river or in a wetland.
e. Home occupation.
f. Church.
g. School.
h. Manufactured home park.
i. Multi -family dwelling complex.
j. Cluster development.
k. Nursery school, kindergarten and day care facility.
I. Nursing home.
m. Public use.
n. Residential care facility for more than 15 people.
o. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
3. Lot Sizes.
a. Partitions:
1. Parcels served by an approved community, municipal or public water
system and an approved community or public sewage system shall have
a minimum width of 50 feet and a minimum area of 5,000 square feet.
2. Parcels served by an approved community, non -community, municipal
or public water system, but not by sewer, shall have a minimum width
of 100 feet and a minimum area of 22,000 square feet.
3. Parcels not served by either an approved community, municipal or
public water system or an approved community or public sewage
system shall have a minimum width of 150 feet with a minimum area of
one acre. In addition, all lots must meet Oregon Department of
Environmental Quality (DEQ) on -site sewage disposal rules.
b. Subdivisions: For subdivisions, cluster developments or manufactured home
parks, the following standards shall apply:
1. All new lots shall be connected to a DEQ permitted community or
municipal sewer system.
2. Minimum lot size for a residential subdivision shall be 5,000 square feet.
Maximum residential lot size for a subdivision shall be 15,000 square
feet.
4. Dimensional Standards. The following dimensional standards shall apply:
a. Lot Coverage. The main building and accessory buildings located on any building
site or lot shall not cover more than 35 percent of the total lot area.
b. Building Height. No building or structure shall be erected or enlarged to exceed
30 feet in height, except as approved under DCC 18.120.040.
5. Yard and Setback Requirements.
a. Front Yard. The minimum front yard shall be 20 feet, or 10 feet if a garage or
carport is located a minimum of 20 feet from the front property line, and the lot
fronts on a public or private street.
b. Side Yard. A side yard shall be a minimum of five feet and the sum of the two
side yards shall be a minimum of 15 feet. A street side yard shall be a minimum
of 10 feet. A parcel or lot with a side yard adjacent to zoned forest land shall
have a minimum side yard of 100 feet.
c. Rear Yard. The minimum rear yard shall be 10 feet, or 5 feet if there is vehicular
access to the rear property line. A parcel or lot with a rear yard adjacent to
zoned forest land shall have a minimum rear yard of 100 feet.
B. La Pine Commercial District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright:
a. Single-family dwelling on a lot existing on March 27, 1996.
b. Manufactured home, on a lot existing on March 27, 1996, subject to DCC
18.116.070.
c. 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.
d. Class III road and street project.
e. Excavation, grading or fill and removal activities involved in creation of a
wetland in areas not requiring a conditional use permit for fill or removal.
2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses
are permitted subject to the applicable provisions of DCC 18.61, DCC 18.116,
Supplementary Provisions and DCC 18.124, Site Plan Review:
a. Park, playground and community building.
b. Public use.
c. A building or buildings not exceeding 8,000 square feet of floor space housing
any combination of:
1. Retail store, office and service establishment.
2. Residential use in the same building as a permitted use.
3. Art studio in conjunction with retail sales.
4. Medical clinic.
5. Automobile service station.
6. Car wash.
7. Day care facility.
8. Restaurant and cocktail lounge.
9. Club and fraternal lodge.
10. Automobile and trailer sales.
11. Uses accessory to the uses identified in DCC 18.61.030.
d. Any of the uses allowed under DCC 18.61.030(6)(2)(c) housed in a building or
buildings exceeding 8,000 square feet, subject to the provisions of DCC
18.61.030(6)(4).
3. Conditional Uses Permitted. The following uses and their accessory uses are permitted
subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary
Provisions, DCC 18.124, Site Plan Review and DCC 18.128, Conditional Use:
a. Multi -family dwelling on a lot existing on March 27, 1996.
b. Tourist and travelers' accommodation of up to 100 units, provided the use is
served by a community water system as that term is defined in OAR 660-22-
010(2).
c. Manufactured home park and travel trailer park.
d. Church.
e. School.
f. 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.
g. Water supply and treatment facility.
h. Utility facility, except fiIIIand disposal sites.
i. Television and radio station with or without a transmitter tower.
j. Nursing home.
k. Residential care facility for more than 15 people.
I. A building or buildings not exceeding 8,000 square feet of floor space housing
any combination of:
1. Veterinary clinic including enclosed kennel.
2. Automobile repair garage.
3. Commercial amusement and recreation establishment.
4. Shopping complex subject to a master plan.
5. Mini -storage facility.
6. Uses accessory to the uses identified in DCC 18.61.030.
m. Any of the uses allowed under DCC 18.61.030(B)(3)(I) housed in a building or
buildings exceeding 8,000 square feet subject to the provisions of DCC
18.61.030(6)(4).
n. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
4. Special Requirements for Large Scale Uses. Any of the uses listed in DCC
18.61.030(B)(2)(d) and 18.61.030(B)(3)(m) may be allowed in a building or buildings
exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body
finds:
a. That the intended customers for the proposed use will come from the
community and surrounding rural area, or the use will meet the travel needs of
the people passing through the area;
b. The use will primarily employ a work force from the community and
surrounding rural area; and
c. That it is not practical to locate the use in a building or buildings under 8,000
square feet of floor space.
For the purposes of DCC 18.61.030, the surrounding rural area shall be that area
identified in the map depicted as Figure 5 in the La Pine Urban Unincorporated
Community section of the Comprehensive Plan.
5. Lot Size and Dimensional Standards.
a. Lot Size. New commercial Tots shall be served by an approved community or
public sewage system and shall have a minimum width of 50 feet and a
minimum area of 5,000 square feet.
b. Lot Coverage. No requirements.
c. Building Height. No building or structure shall be erected or enlarged to exceed
30 feet in height, except as approved under DCC 18.120.040.
6. Yard and Setback Requirements.
a. Front Yard. The front yard shall be no more than 15 feet, except as otherwise
allowed by DCC 18.124.070(D)(3) and except when abutting a lot in a Residential
District, in which case the front yard shall be the front yard required in the
abutting Residential District. All buildings shall be set at the front yard setback
line.
b. Side Yard. None required, except when a parcel or lot with a side yard adjacent
to zoned forest land shall have a minimum side yard of 100 feet.
c. Rear Yard. None required, except when abutting a yard in a Residential District,
and then the rear yard shall be a minimum of 20 feet. A parcel or lot with a rear
yard adjacent to zoned forest land shall have a minimum rear yard of 100 feet.
C. La Pine Industrial District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright:
a. Agricultural use as defined in DCC Title 18.
b. Excavation, grading or fill and removal activities involved in creation of a
wetland in areas not requiring a conditional use permit for fill or removal.
c. 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.
d. Class III road or street project.
e. Forest operation and forest practice including, but not limited to, reforestation
of forest land, road construction and maintenance, harvesting of a forest tree
species, application of chemicals and disposal of slash.
2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses
are permitted subject to DCC 18.61.030(C)(4)(c)(2) and other applicable provisions of
DCC 18.61 and DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan
Review:
a. Expansion of a valid use existing on December 5, 1994.
b. Public use compatible with industrial uses.
c. Uses that require proximity to rural resources, as defined in OAR 660-04-
022(3)(a).
d. Scientific research or experimental development of materials, methods or
products, including engineering and laboratory research.
e. Light manufacturing, assembly, fabricating or packaging and wholesale
distribution.
f. Cold storage plant, including storage and office.
g•
Kennel or veterinary clinic operated entirely within an enclosed building.
h. Processing use such as bottling plant, creamery, laboratory, blueprinting and
photocopying, laundry, carpet and rug cleaning plant, cleaning and dyeing plant
and tire retreading, recapping and rebuilding.
i. Contractor's equipment storage or sale yard, house mover, delivery vehicles,
transit storage, trucking terminal and used equipment in operable condition.
j. Manufacture of concrete products and ceramic products using only previously
comminuted raw materials.
All types of autmmnhilc mntnrryrle hnat trailer and truck Gales, service, repair,
storage and rental.
I. Retail or combination retail/wholesale lumber and building materials yard, not
including concrete mixing.
m. Manufactured home sales and service.
n. Plant nursery and greenhouse.
3. Conditional Uses Permitted. The following uses may be allowed subject to the applicable
provisions of DCC 18.61 and DCC 18.124, Site Plan Review, and DCC 18.128, Conditional
Use:
a. Mini -storage facility.
b. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
c. Asphalt plant.
d. Lumber manufacturing and wood processing including pulp and paper
manufacturing.
e. Electrical substation.
f. Concrete, asphalt and ready -mix plant.
g•
Petroleum products storage and distribution.
h. Storage, crushing and processing of minerals, including the processing of
aggregate into asphaltic concrete or Portland cement concrete.
i. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant.
j. Railroad track, freight depot and related facilities.
k. Agricultural products storage and processing plant.
I. Transfer station.
m. Automotive wrecking yard totally enclosed by a sight -obscuring fence.
n. Any use permitted by DCC 18.61.030(C)(2) that is expected to:
1. Require lot coverage in excess of 70 percent;
2. Require more than one acre of land; or
3. Generate any odor, dust, fumes, glare, flashing lights or noise that
would be perceptible without instruments 500 feet from the property
line of the subject use.
o. Service commercial use, such as office, restaurant, cafe, refreshment stand, bar
and tavern, whose primary purposes is to serve industrial uses in the
surrounding area, provided that such use is allowed as part of an Industrial Park
Master Plan.
p. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
q. Utility facilities
4. Use Limits. The following limitations and standards shall apply to uses listed in DCC
18.61.030(C)(2) and (3):
a. Sewer and Water Requirements:
1. New uses that require DEQ Water Pollution Control Facility (WPCF)
permits shall be required to connect to the La Pine Sewer Treatment
Facility in lieu of obtaining a WPCF permit.
2. Uses that do not require a WPCF permit shall demonstrate the ability to
obtain approval for an on -site sewage disposal system either before
approval of the land use permit or as a condition of permit approval.
3. If a use requires more than 5,000 gallons of water per day, an
application shall be made to the Oregon Water Resources Department
for a water rights permit or the use must be connected to a municipal,
community or public water system.
b. Compatibility:
1. A use that requires a lot area exceeding 9,000 square feet shall not be
permitted to locate adjacent to a lot in a residential district.
2. A use expected to generate more than 30 truck trailer or other heavy
equipment trips per day to and from the subject property shall not be
permitted to locate on a lot adjacent to or across a street from a lot in a
residential district.
3. Any use on a lot adjacent to or across the street from a lot in 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 direction of the affected residential use or lot.
4. Storage, loading and parking areas for uses permitted by DCC
18.61.030(C)(2) and (3) shall be screened from residential zones using
trees, vegetation, and topography to the maximum extent practicable
to screen the area from view of nearby residences.
5. 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 a street from a residential lot.
6. A property hosting a service commercial use shall be subject to a waiver
of remonstrance recorded in the Deschutes County Book of Records
declaring that the operator and his or her successors will not now or in
the future file a complaint aimed at curtailing industrial activities on
adjacent properties conducted in conformance with DCC 18.61.
7. Exhaust stacks shall be screened from residential zones using trees,
vegetation, and topography to the maximum extent practicable to
screen the stack from view of nearby residences.
c. Traffic/Parking.
1. A use that generates more than 20 auto or truck trips during the busiest
hour of the day to and from the premises shall be served directly by an
arterial or collector.
2. An applicant must demonstrate that affected transportation facilities
are adequate to serve the proposed use, considering the functional
classification, capacity and the level of service of such facilities.
3. All parking demand created by any use permitted by DCC 18.61.030(C)
shall be accommodated on the applicant's premises entirely off-street.
4. There shall be only one ingress and one egress from properties
accommodating uses covered by DCC 18.61.030(C) per each 300 feet or
fraction thereof of street frontage. If necessary to meet this
requirement, uses shall provide for shared ingress and egress.
d. Requirements for Large Scale Uses. Any industrial use listed in DCC
18.61.030(C)(2) and (3) may be allowed in a building or buildings exceeding
20,000 square feet of floor space if the Planning Director or Hearings Body finds:
1. That such uses are necessary to provide employment that does not
exceed the total projected work force within the community and the
surrounding rural area;
2. That such uses would not rely upon a work force served by uses within
urban growth boundaries; and
3. That the determination of the work force of the community and
surrounding rural area considers the total industrial and commercial
employment in the community and is coordinated with employment
projections for nearby urban growth boundaries.
5. Additional Requirements. As a condition of approval of any use proposed, the Planning
Director or Hearings Body may require:
a. An increase in required setbacks.
b. Additional off-street parking and loading facilities.
c. Limitations on signs or lighting, hours of operation and points of ingress and
egress.
d. Additional landscaping, screening and other improvements.
6. Dimensional Standards. The following dimensional standards shall apply:
a. Minimum Lot Size. The minimum lot size shall be determined subject to the
provisions of DCC 18.61.030(C) concerning setback requirements, off-street
parking and loading.
b. Lot Coverage. Notwithstanding DCC 18.61.030(C)(3)(n), a use permitted by DCC
18.61.030(C) is located adjacent to or across the street from a lot in a residential
district shall not exceed 70 percent lot coverage by all buildings, storage areas
or facilities and required off-street parking and loading area.
c. Setbacks.
1. The minimum building setback between a nonrailroad related structure
and a street, road or railroad right of way line shall be 50 feet unless a
greater setback is required for compliance with Comprehensive Plan
policies.
2. The minimum setback between a structure and a property line adjoining
a residential district shall be 50 feet.
3. The minimum setback between a structure and an existing use shall be
three feet from the property line and at least six feet from a structure
on the adjoining property.
d. Building Heights. The maximum building height for any structure shall be 30 feet
on any lot adjacent to a residential district and 45 feet on any lot not adjacent to
a residential district or that is separated from a residential district by a street or
road. The following exceptions apply:
1. If a building on a lot adjacent to a residential district, but not separated
by a street or road, is set back 100 feet or more from the residential
district, the maximum height shall be 45 feet; and
2. The maximum height for utility facility structures shall be 100 feet
provided:
A. The structure is located on a lot that is not adjacent to a
residential district;
B. The structure is the minimum height necessary to
accommodate machinery and equipment;
C. The structure is equipped with fire sprinkler protection in
accordance with current adopted editions of the Oregon
Structural Specialty Code, Oregon Fire Code, and National Fire
Protection Association 13; and
D. The structure is at least 500 feet from the nearest residential
district.
e. Utility facility exhaust stacks shall meet the DEQ air quality permit
requirements, but shall not exceed DEQ permit minimum height requirements
or 150 feet in height, whichever is less.
f. Minimum Lot Frontage. The minimum lot frontage shall be 50 feet.
g. Side Yard. None required, except when a parcel or lot with a side yard adjacent
to zoned forest land shall have a minimum side yard of 100 feet.
h. Rear Yard. None required, except when abutting a yard in a Residential District,
and then the rear yard shall be a minimum of 20 feet. A parcel or lot with a rear
yard adjacent to zoned forest land shall have a minimum rear yard of 100 feet.
D. La Pine Business Park District.
1. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses
are permitted subject to the applicable provisions of DCC 18.61 and 18.116,
Supplementary Provisions, and DCC 18.124, Site Plan Review:
a. Commercial use, as defined in DCC 18.04, in a building or buildings each not
exceeding 8,000 square feet of floor space.
b. Industrial use, as defined in DCC 18.04, in a building or buildings not exceeding
20,000 square feet of floor space.
2. Conditional Uses Permitted. Notwithstanding the uses allowed under DCC
18.61.030(D)(1), the following uses may be allowed subject to the applicable provisions
of DCC 18.61 and DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use:
a. Mini -storage facility.
b. Processing use such as bottling plant, creamery, laboratory, blueprinting and
photocopying, laundry, carpet and rug cleaning plant, cleaning and dyeing plant
and tire retreading, recapping and rebuilding.
c. Contractor's equipment storage or sale yard, house mover, delivery vehicles,
transit storage, trucking terminal and used equipment in operable condition.
d. Manufacture of concrete products and ceramic products using only previously
comminuted raw materials.
e. Manufactured home sales and service.
f. Lumber manufacturing and wood processing.
g. Electrical substation.
h. Agricultural products storage and processing plant.
Any ilea ncrmittcri by nrr 1R Al nVn(n) that is avna,-tcri tr,
1. Require lot coverage in excess of 70 percent;
2. Require more than one acre of land; or
j•
3. Generate any odor, dust, fumes, glare, flashing lights or noise that
would be perceptible without instruments 500 feet from the property
line of the subject use.
Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
3. Additional Requirements for Large Scale Uses. A commercial use in the Business Park
District may be allowed in a building or buildings exceeding 8,000 square feet of floor
space if the Planning Director or Hearings Body finds:
a. That the intended customers for the proposed use will come from the
community and surrounding rural area, or the use will meet the travel needs of
the people passing through the area, for the purposes of DCC 18.61.030(D), the
surrounding rural area shall be that area identified in the map depicted as
Figure 5 in the La Pine Urban Unincorporated Community section of the
Comprehensive Plan;
b. The use will primarily employ a work force from the community and
surrounding rural area; and
c. That it is not practical to locate the use in a building or buildings under 8,000
square feet of floor space.
4. Use Limits. The following limitations and standards shall apply to all uses:
a. Sewer and Water Requirements:
1. New uses shall be required to connect to the La Pine Sewer Treatment
Facility.
2. New uses must be connected to a municipal, community or public water
system.
b. Compatibility:
1. A use that requires a lot area exceeding 9,000 square feet shall not be
permitted to locate adjacent to a lot in a residential district.
2. A use expected to generate more than 30 truck -trailer or other heavy
equipment trips per day to and from the subject property shall not be
permitted to locate on a lot adjacent to or across a street from a lot in a
residential district.
3. Any use on a lot adjacent to or across the street from a lot in 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 direction of the affected residential use or lot.
4. Storage, loading and parking areas for all uses shall be screened from
residential zones.
5. 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 a street from a residential lot.
6. A property hosting a service commercial use shall be subject to a waiver
of remonstrance recorded in the Deschutes County Book of Records
declaring that the operator and his or her successors will not now or in
the future file a complaint aimed at curtailing industrial activities on
adjacent properties conducted in conformance with DCC 18.61.
c. Traffic/Parking
1. A use that generates more than 20 auto or truck trips during the busiest
hour of the day to and from the premises shall be served directly by an
arterial or collector.
2. An applicant must demonstrate that affected transportation facilities
are adequate to serve the proposed use, considering the functional
classification, capacity and the level of service of such facilities.
3. All parking demand created by any use permitted by DCC 18.61.030(D)
shall be accommodated on the applicant's premises entirely off-street.
4. Parking may be allowed within the front yard building setback area
except that no parking shall be allowed within 10 feet of any street.
5. There shall be only one ingress and one egress from properties
accommodating uses permitted by DCC 18.61.030(D) per each 300 feet
or fraction thereof of street frontage. If necessary to meet this
requirement, uses shall provide for shared ingress and egress.
5. Additional Requirements. As a condition of approval of any use proposed, the Planning
Director or Hearings Body may require:
a. An increase in required setbacks.
b. Additional off-street parking and loading facilities.
c. Limitations on signs or lighting, hours of operation and points of ingress and
egress.
d. Additional landscaping, screening and other improvements.
6. Dimensional Standards. The following dimensional standards shall apply:
a. Minimum Lot Size. The minimum lot size shall be determined subject to the
provisions of DCC 18.61.030(D) concerning setback requirements, off-street
parking and loading.
b. Minimum Lot Frontage. The minimum lot frontage shall be 50 feet.
c. Lot Coverage. A use permitted by DCC 18.61.030(D), which is located adjacent
to or across the street from a lot in a residential district shall not exceed 70
percent lot coverage by all buildings, storage areas or facilities and required off-
street parking and loading area.
7. Setbacks.
a. Front Yard. The minimum setback between a building and the street that
provides ingress and egress to that building shall be 30 feet unless a greater
setback is required for compliance with Comprehensive Plan policies.
b. Side Yard. None required, a structure and a property line adjoining a street shall
be 10 feet.
c. Rear Yard. None required, except the minimum setback between a structure
and a property line adjoining a street or a residential district shall be 20 feet. A
parcel or lot with a rear yard adjacent to zoned forestland shall have a minimum
rear yard of 100 feet.
d. 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.
8. Building Height. The maximum building height for any structure shall be 30 feet on any
lot adjacent to a residential district and 45 feet on any lot not adjacent to a residential
district or that is separated from a residential district by a street or road. However, if a
building on a lot adjacent to a residential district, but not separated by a street or road,
is set back 100 feet or more from the residential district, the maximum height shall be
45 feet.
E. La Pine Sewer Treatment District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright:
a. Any use that is allowed by ORS 215.283(1), including utility facility necessary for
public service, except commercial facilities for the purpose of generating power
for public use by sale and transmission towers over 200 feet in height.
2. Conditional Uses Permitted. The following uses may be allowed subject to applicable
provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 1R 12R- Conditional Use and DCC 18.16.040(A):
a. Parks, playground or community centers owned and operated by a
governmental agency or a nonprofit community organization.
3. Dimensional Standards. The following dimensional standards shall apply:
a. Lot Coverage. No requirements.
b. Building Height. No building or structure shall be erected or enlarged to exceed
30 feet in height, except as approved under DCC 18.120.040.
4. Yard and Setback Requirements.
a. Front Yard. The minimum front yard shall be 20 feet.
b. Side Yard. A side yard shall be a minimum of five feet and the sum of the two
side yards shall be a minimum of 15 feet.
c. Rear Yard. The minimum rear yard shall be 20 feet.
F. La Pine Flood Plain District. All uses proposed within this district shall be subject to the
provisions in DCC 18.96, Flood Plain Zone.
G. La Pine Community Facility District.
1. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses
are permitted subject to the applicable provisions of DCC 18.61, DCC 18.116,
Supplementary Provisions and DCC 18.124, Site Plan Review:
a. Performing arts center.
b. Swimming pool.
c. Community center.
d. Public use.
e. School.
f. Theater.
2. Yard and Setback Requirements.
a. Front Yard. The front yard shall be no more than 15 feet, except as otherwise
allowed by DCC 18.124.070(D)(2) and except when abutting a lot in a Residential
District, in which case the front yard shall be the front yard required in the
abutting Residential District. All buildings shall be set at the front yard setback
line. A parcel or lot with a front yard adjacent to zoned forest land shall have a
minimum front yard of 100 feet.
b. Side Yard. None required, except when abutting a lot in a Residential District in
which case the side yard shall be the side yard required in the abutting
Residential District. A parcel or lot with a side yard adjacent to zoned forest land
shall have a minimum side yard of 100 feet.
c. Rear Yard. None required, except when abutting a yard in a Residential District,
and then the rear yard shall be a minimum of 20 feet. A parcel or lot with a rear
yard adjacent to zoned forest land shall have a minimum rear yard of 100 feet.
3. Dimensional Standards. The following dimensional standards shall apply:
a. Lot Coverage. No requirements.
b. Building Height. No building or structure shall be erected or enlarged to exceed
30 feet in height, except as approved under DCC 18.120.040.
4. Lot Size.
a. Lot Size. New lots shall have a minimum width of 50 feet and a minimum area of
5,000 square feet.
b. Lot Coverage. No requirements.
c. Building Height. No building or structure shall be erected or enlarged to exceed
30 feet in height, except as approved under DCC 18.120.040.
5. Additional Requirements. As a condition of approval of any use proposed, the Planning
Director or Hearings Body may require:
a. An increase in required setbacks.
b. Additional off-street parking and loading facilities.
c. Limitations on signs or lighting, hours of operation and points of ingress and
egress.
d. Additional landscaping, screening and other improvements.
H. La Pine Community Facility Limited District.
1. Uses Permitted Outright.
a. Multi -use path.
2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses
are permitted subject to applicable provisions of DCC 18.61 and DCC 18.116,
Supplementary Provisions, and DCC 18.124, Site Plan Review:
a. School.
b. Park or playground.
HISTORY
Adopted by Ord. 96-003 §1 on 3/27/1996
Amended by Ord. 97-017 §4 on 3/12/1997
Amended by Ord. 97-041 §1 on 5/14/1997
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2000-015 §2 on 8/9/2000
Amended by Ord. 2001-044 §3 on 10/10/2001
Amended by Ord. 2002-033 §1 on 9/25/2002
Amended by Ord. 2003-002 §1 on 4/8/2003
Amended by Ord. 2009-025 §1 on 11/30/2009
Amended by Ord. 2010-029 §1 on 9/8/2010
Repealed by Ord. 2018-005 §10 on 10/10/2018
Amended by Ord. 2019-010 §1 on 5/8/2019
Amended by Ord. 2023-001 §9 on X/XX/2023
18.61.040 Wickiup Junction Planning Area
The Wickiup Junction Planning Area is composed of one Commercial/Residential zoning district with its
own set of allowed uses and regulations, as further set forth in DCC 18.61.040.
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. Single-family dwelling.
2. Manufactured home subject to DCC 18.116.070.
3. Two-family dwelling or duplex.
4. 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.
5. Class III road and street project.
6. Excavation, grading or fill and removal activities involved in creation of a wetland in
areas not requiring a conditional use permit for fill or removal.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to applicable provisions of DCC18.61 and DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review:
1. Park, playground and community building.
2. Public Use.
3. A building or buildings not exceeding 8,000 square feet of floor space housing any
combination of:
a. Retail store, office and service establishment.
b. Residential use in conjunction with a permitted use.
c. Art studio in conjunction with a permitted use.
d. Medical clinic.
e. Automobile service station.
f. Car wash.
g. Day care facility.
h. Restaurant and cocktail lounge.
i. Club and fraternal lodge.
j. Automobile and trailer sales.
k. Any new use, or the expansion of an existing use, allowed under DCC
18.61.040(B)(3) housed in a building or buildings exceeding 8,000 square feet of
floor space, but not greater than 12,000 square feet of floor space, subject to
the provisions of DCC 18.61.040 (D).
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject
to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC 18.124,
Site Plan Review, and DCC 18.128, Conditional Uses:
1. Multi -family dwelling with three or more units.
2. Tourist and travelers' accommodations of up to 100 units, provided the use is served by
a community sewer system as that term is defined in OAR 660-22-010 (2).
3. Manufactured home park.
4. Travel trailer park.
5. Cluster development.
6. Church.
7. School.
8. 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 DCC 18.128.270.
9. Water supply and treatment facility.
10. Utility facility, except IandfilIland disposal sites.
11. Television and radio station with or without a transmitter tower.
12. Nursing home.
13. Residential care facility for more than 15 people.
14. A building or buildings not exceeding 8,000 square feet of floor space housing any
combination of:
a. Veterinary clinic including enclosed kennel.
b. Automobile repair garage.
c. Commercial amusement and recreation establishment.
d. Shopping complex subject to a master plan.
e. Mini -storage facility.
f. Uses accessory to the uses identified in DCC 18.61.040.
15. Any new use, or the expansion of an existing use, allowed under DCC 18.61.040(C)(14)
housed in a building or buildings exceeding 8,000 square feet, but not greater than
12,000 square feet, subject to the provisions of DCC 18.61.040 (D).
16. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
D. Special Requirements for Large Scale uses. Any of the uses listed in DCC 18.61.040(6)(3) and
18.61.040(C)(14) may be allowed in a building or buildings exceeding 8,000 square feet of floor
space but not greater than 12,000 square feet of floor space if the Planning Director or Hearings
Body finds, based on evidence submitted by the applicant:
1. That the intended customers for the proposed use will come from the community and
surrounding rural area, or the use will meet the travel needs of the people passing
through the area;
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 but could locate the use in a building not exceeding 12,000 square feet of
floor space.
E. For the purposes of DCC 18.61.040, the surrounding rural area shall be that area identified in the
map depicted as Figure 5 in the La Pine Urban Unincorporated Community section of the
Comprehensive Plan.
F. Lot Size.
1. New lots or parcels served by an approved community, municipal or public water
system and an approved community or public sewage system shall have a minimum
width of 50 feet and a minimum area of 6,000 square feet. Maximum lot size for
residential subdivisions shall be 15,000 square feet.
2. New lots or parcels served by either an approved community, non -community,
municipal or public water system shall have a minimum width of 100 feet and a
minimum area of 22,000 square feet.
3. New lots or parcels not served by either an approved community, municipal or public
water system or an approved community or public sewer system shall have a minimum
width of 150 feet with a minimum are of one acre. In addition, an applicant shall
demnnctrata that.
a. The lot or parcel can meet DEQ on -site sewage disposal rules then in effect,
which can be demonstrated either prior to land division approval or as a
condition of such approval;
b. Residential subdivision will be served by either a municipal or community water
system or a non -community public water system.
G. Dimensional Standards. The following dimensional standards shall apply:
1. Lot Coverage. No requirements.
2. Building Height. No building or structure shall be erected or enlarged to exceed thirty
(30) feet in height, except as approved under DCC 18.120.040.
H. Yards.
1. Front Yard. The front yard shall be no more than 20 feet, except as otherwise allowed by
DCC 18.124.070(D)(2). All buildings shall be set at the front yard setback line.
2. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned
forest land shall have a minimum side yard of 100 feet.
3. Rear Yard. None required, except when a parcel or lot with a rear yard adjacent to
zoned forest land shall have a minimum rear yard of 100 feet.
HISTORY
Adopted by Ord. 96-003 §1 on 3/27/1996
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2000-015 §2 on 8/9/2000
Amended by Ord. 2002-015 §1 on 6/19/2002
Amended by Ord. 2003-008 §1 on 2/26/2003
Amended by Ord. 2004-013 §6 on 9/21/2004
Amended by Ord. 2023-001 §9 on X/XX/2023
Exhibit J - Ordinance 2023-001
CHAPTER 18.65 RURAL SERVICE CENTER; UNINCORPORATED COMMUNITY ZONE
18.65.010 Purpose
18.65.020 RSC; Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And Wildhunt)
18.65.021 Alfalfa RSC; Commercial/Mixed Use District
18.65.022 Alfalfa RSC; Residential District
18.65.023 RSC; Open Space District
18.65.030 Standards For All Districts
18.65.023 RSC; Open Space District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright,
subject to applicable provisions of this chapter:
1. Agricultural uses, as defined in Title 18, and excluding livestock feed lot sales yard, and
hog or mink farms.
2. Public and nonprofit agencies, museums and exhibits on lands where an exception has
been granted in accordance with Oregon Administrative Rules chapter 660, Division 022.
3. Public wildlife reserve or management area, not including structures.
4. 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.
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. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject
to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124,
Site Plan Review, and DCC 18.128, Conditional Use, of this title:
1. Private parks, picnic areas or hunting and fishing preserves.
2. Public parks and recreational areas owned and operated by a governmental agency or
nonprofit community organization.
3. Campground.
4. Utility facility except aandfillsland disposal sites.
5. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
C. Yard and Setback Requirements.
1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a
local street right of way and 50 feet from an arterial right of way.
2. The minimum side yard setback shall be 10 feet.
3. The minimum rear yard setback shall be 20 feet.
4. The minimum side and rear yard setbacks for property that is adjacent to land zoned
exclusive farm use shall be 50 feet.
D. Lot Requirements. The minimum lot size shall be determined by the site plan requirements for a
proposed public use.
HISTORY
Adopted by Ord. 2002-002 §2 on 6/5/2002
Amended by Ord. 2023-001 §10 on X/XX/2023
Exhibit K - Ordinance 2023-001
CHAPTER 18.76 AIRPORT DEVELOPMENT ZONE; A-D
18.76.010 Purpose
18.76.015 Definitions
18.76.020 Standards In All Districts
18.76.030 Uses Permitted Outright
18.76.040 Conditional Uses
18.76.050 Use Limitations
18.76.060 Dimensional Standards
18.76.070 Airfield Operations District (AOD)
18.76.080 Aviation Support District (ASD)
18.76.090 Aviation -Related Industrial District (ARID)
18.76.100 Design And Use Criteria
18.76.105 Hangars
18.76.110 Additional Requirements
18.76.040 Conditional Uses
The following uses may be allowed in all of the Airport Districts subject to DCC 18.128.
A. Farm accessory buildings and uses, excluding residential uses.
B. Utility facility necessary for public service except landfillsland disposal sites.
C. 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/or DCC 18.128.270.
HISTORY
Adopted by Ord. PL-15 §4.160(3) on 11/1/1979
Amended by Ord. 91-038 §1 on 9/30/1991
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §10 on 12/12/2001
Repealed & Reenacted by Ord. 2003-036 §2 on 11/5/2003
Amended by Ord. 2023-001 §11 on X/XX/2023
Exhibit L - Ordinance 2023-001
CHAPTER 18.80 AIRPORT SAFETY COMBINING ZONE; A-S
18.80.010 Purpose
18.80.020 Application Of Provisions
18.80.022 Definitions
18.80.024 Imaginary Surface And Noise Impact Boundaries
18.80.026 Notice Of Land Use And Permit Applications
18.80.028 Height Limitations
18.80.030 Redmond Municipal Airport
18.80.032 Bend Municipal Airport
18.80.034 Sunriver Airport
18.80.036 Sisters Eagle Air Airport
18.80.038 Cline Falls Airpark
18.80.040 Juniper Airpark
18.80.044 Land Use Compatibility
18.80.050 Uses Permitted Outright
18.80.054 Conditional Uses
18.80.056 Additional Requirements
18.80.058 Non -Conforming Uses
18.80.060 Variances
18.80.062 Dimensional Standards
18.80.064 Procedures
18.80.072 Water Impoundments
Wetland Mitigation, Creation, Restoration
18.80.074 VVCIIdIIU IVllll}�d LIV I1, Enhancement And Restoration
18.80.076 Water Impoundment Notification
18.80.078 FAA Notification (Form 7460-1)
18.80 Table 1 Land Use Compatibility
18.80 Table 2 Noise Compatibility
18.80 Declaration Of Anticipated Noise
18.80.026 Notice Of Land Use And Permit Applications
Except as otherwise provided herein, written notice of applications for land use or limited land use
decisions, including comprehensive plan or zoning amendments, in an area within this overlay zone,
shall be provided to the airport sponsor and the Department of Aviation in the same manner as notice is
provided to property owners entitled by law to written notice of land use or limited land use
applications. [ORS 836.623(1); OAR 738-100-010; ORS 215.416(6); ORS 227.175(6)]
For the Redmond, Bend, Sunriver, and Sisters airports:
A. Notice shall be provided to the airport sponsor and the Department of Aviation when the
property, or a portion thereof, that is subject to the land use or limited land use application is
located within 10,000 feet of the sides or ends of a runway:
B. Notice of land use and limited land use applications shall be provided within the following
timelines.
1. Notice of land use or limited land use applications involving public hearings shall be
provided prior to the public hearing at the same time that written notice of such
applications is provided to property owners entitled to such notice.
2. Notice of land use or limited land use applications not involving public hearings shall be
provided at least 20 days prior to entry of the initial decision on the land use or limited
land use application.
3. Notice of the decision on a land use or limited land use application shall be provided to
the airport sponsor and the Department of Aviation within the same timelines that such
notice is provided to parties to a land use or limited land use proceeding.
4. Notices required under DCC 18.80.026(6)(1-3) need not be provided to the airport
sponsor or the Department of Aviation where the land use or limited land use
application meets all of the following criteria:
a. Would only allow structures of less than 35 feet in height;
b. Involves property located entirely outside the approach surface;
c. Does not involve industrial, mining or similar uses that emit smoke, dust or
steam; sanitary landfill land disposal sites or water impoundments; or radio,
radiotelephone, television or similar transmission facilities or electrical
transmission lines; and
d. Does not involve wetland mitigation, enhancement, restoration or creation. For
the Cline Falls and Juniper airports:
C. Written notice of applications for land use or limited land use decisions, including
comprehensive plan or zoning amendments, shall be provided to the airport sponsor and the
Department of Aviation in the same manner and within the same timelines as notice is provided
to property owners entitled by law to written notice of land use or limited land use applications.
Where the application does not involve a public hearing, such notice shall be provided at least
20 days prior to entry of the initial decision on the land use or limited land use application. [ORS
215.416(6); ORS 227.175(6); OAR 738-100-0101
D. Notice of the decision on a land use or limited land use application shall be provided to the
airport sponsor and the Department of Aviation within the same timelines that such notice is
provided to parties to a land use or limited land use proceeding.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 2001-001 §2 on 1/22/2001
Amended by Ord. 2023-001 §12 on X/XX/2023
18.80 Table 1 Land Use Compatibility
Location:
Use:
RPZ(1)
Transitional
Surface
Approach
Surface)
Direct Impact
Area
Secondary
Impact Area
Public Airport
L(2)
P
L(9)
P
P
Residential
N
N
L(10)
P
P
Commercial
N
L(14)
L(9)
P
P
Industrial
N
P
L(9)
P
P
Institutional
N
L(14)
L(9)
P
P
Farm Use
p(3)
p(3)
p(3)
p(3)
p(3)
Road/Parking
L(4)
P
P
P
P
Utility
L(5)
L(5)
L(5)
L(5)
L(5)
Parks/Open Space
L(6)
P
P
P
P
Golf Course (17)
L(71.
C1.
1(7'9)
1(7)
I(7)
Athletic Field
N
N
L(9)
P
P
Sanitary LandfiRLand
N
N
N
N
N(16)
Disposal Site
Waste Water Treatment
Plant
N
N
N
N
cis)
Mining
N
N
L(11)
L(11)
L(")
Water Impoundment
N
N
N,L(12)
L(12)
L(12)
Wetland Mitigation
N
L(13)
L(13)
L(13)
Key to Table:
P = Use is Permitted.
L = Use is Allowed Under Limited Circumstances (see notes). N = Use is Not Allowed.
Numbers in parentheses refer to notes on next page.
Notes for Table 1: 1. No structures shall be allowed within the Runway Protection Zone. Exceptions shall be made only for structures accessory to airport operations
whose location within the RPZ has been approved by the Federal Aviation Administration. 2. In the RPZ, public airport uses are restricted to those uses and facilities
that require location in the RPZ. 3. Farming practices that minimize wildlife attractants are encouraged. 4. Roads and parking areas are permitted in the RPZ only
upon demonstration that there are no practicable alternatives. Lights, guardrails and related accessory structures are prohibited. Cost may be considered in
determining whether practicable alternatives exist. 5. In the RPZ, utilities, power lines and pipelines must be underground. In approach surfaces and in airport direct
and secondary impact areas, the proposed height of utilities shall be coordinated with the airport sponsor and the Department of Aviation. 6. Public assembly
facilities are prohibited within the RPZ, 7. Golf courses may be permitted only upon demonstration, supported by substantial evidence, that management
techniques will be utilized to reduce existing wildlife attractants and avoid the creation of new wildlife attractants. Such techniques shall be required as conditions
of approval. Structures are not permitted within the RPZ. For purposes of DCC 18.80, tee markers, tee signs, pin cups and pins are not considered to be structures. 8.
Within 10,000 feet from the end of the primary surface of a non -precision instrument runway, and within 50,000 feet from the end of the primary surface of a
precision instrument runway. 9. Public assembly facilities may be allowed in an approach surface only if the potential danger to public safety is minimal. In
determining whether a proposed use is appropriate, consideration shall be given to: proximity to the RPZ; density of people per acre; frequency of use; level of
activity at the airport; and other factors relevant to public safety. In general, high -density uses should not be permitted within airport approach surfaces, and non-
residential structures should be located outside approach surfaces unless no practicable alternatives exist. 10. Residential densities within approach surfaces should
not exceed the following densities: (1) within 500 feet of the outer edge of the RPZ, 1 unit/acre; (2) within 500 to 1,500 feet of the outer edge of the RPZ, 2
units/acre; (3) within 1,500 to 3,000 feet of the outer edge of the RPZ, 4 units/acre. 11. Mining operations involving the creation or expansion of water
impoundments shall comply with the requirements of DCC 18.80 regulating water impoundments. 12. See DCC 18.80.072 regulating water impoundments. 13. See
requirements in DCC 18.80.074. 14. Overnight accommodations, such as hotels, motels, hospitals and dormitories, are not permitted. 15. Due to land availability
constraints, limited wastewater treatment plants within the Secondary Impact Area are permitted on lands owned or managed by the Sunriver Resort or Sunriver
utilities, 16. Organic composting facility is permitted. 17. Since Sunriver Resort owns and controls the Sunriver Airport, golf courses operated as part of the Sunriver
Resort, Crosswater and their affiliates are exempted.
Exhibit M - Ordinance 2023-001
CHAPTER 18.96 FLOOD PLAIN ZONE; FP
18.96.010 Purposes
18.96.020 Designated Areas
18.96.030 Uses Permitted Outright
18.96.040 Conditional Uses Permitted
18.96.050 Prohibited Uses
18.96.060 Limitations On Conditional Uses
18.96.070 Application For Conditional Use
18.96.080 Criteria To Evaluate Conditional Uses
18.96.085 Elevation Certification
18.96.090 Yard And Setback Requirements
18.96.100 Stream Setback
18.96.110 Dimensional Standards
18.96.120 Warning And Disclaimer Of Liability
18.96.130 Interpretation Of FIRM Boundaries
18.96.140 Use Variances
18.96.150 Acreage Calculation For Partition Or Subdivision Of Certain Properties Containing Flood Plain
Zoned Lands
18.96.030 Uses Permitted Outright
The following uses and their accessory uses are permitted outright
A. Agricultural use conducted without establishing or utilizing a structure. For purposes of DCC
18.96.030(A), a "structure" does not include a boundary fence as long as such fence is designed
to impede as little as possible the movement of floodwaters and flood carried material.
B. Management, propagation and harvesting of a forest product.
C. Open space.
D. Portions of a residential use that do not contain structures, such as lawn, garden or play areas.
E. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230 that do not involve
Floodplain development.
F. Class III road or street project that does not constitute Floodplain development as defined in
DCC 18.04.030.
G. Excavation, grading and fill for the routine maintenance and repair of existing roads and
roadway drainage within the road right-of-way that will have not adverse effect on flood waters.
H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
I. Recreational vehicles on an individual lot for a period not to exceed 180 consecutive days,- as
allowed pursuant to DCC 18.116.080, 18.116.090, or 18.116.095.providcd they meet the
standards and criteria established by DCC 18.116.095.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 88-030 §4 on 8/17/1988
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 93-043 §15 on 8/25/1993
Amended by Ord. 2007-019 §2 on 9/28/2007
Repealed by Ord. 2018-005 §11 on 10/10/2018
Amended by Ord. 2019-010 §1 on 5/8/2019
Amended by Ord. 2023-001 §13 on X/XX/2023
18.96.040 Conditional Uses Permitted
The following uses and their accessory uses may be allowed subject to applicable sections of this title:
A. A roadway, bridge or utility structure, except a Iandfillland disposal site, that will not impede the
waters of a base flood subject to DCC 18.128.
B. Incidental storage of material or equipment that is either not subject to damage by flood, or is
mobile and readily removable from the area within time available after flood warning. If such
material is not readily removable, it shall be anchored to prevent flotation and shall not obstruct
water flow. Material or equipment stored shall include only items which will not create a hazard
to the health or safety of persons, property, animals or plant life should the storage area be
inundated.
C. Single-family dwelling, or a manufactured home subject to DCC 18.116.070, on an individual lot.
In addition to the other requirements of DCC 18.96, single-family dwellings proposed to be sited
in areas of the Flood Plain Zone designated "Agriculture" on the Comprehensive Plan Map may
be approved only as uses identified by DCC 18.16.030(A), (B), (D) or (E) and subject to the
applicable provisions of DCC 18.96 governing those uses. In addition to the other requirements
of DCC 18.96, single-family dwellings proposed to be sited in areas of the Flood Plain Zone
designated "Forest" on the Comprehensive Plan Map may be approved only as uses identified
by DCC 18.36.030(Y), 18.40.030(X) or 18.40.030(Y) and subject to the applicable provision of
DCC 18.36 and 18.40 governing those uses.
D. Agricultural accessory buildings.
E. Hydroelectric facilities subject to DCC 18.116.130 and 18.128.260.
F. 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. Excavation, grading and fill within any area
of special flood hazard identified in DCC 18.96.020.
G. Recreational uses requiring only structures having an insignificant effect on flood waters outside
the Floodway, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, wildlife or nature preserves, game farms, fish
hatcheries, shooting preserves and hunting or fishing areas subject to DCC 18.128, except in
areas designated "Forest" or "Agriculture" on the Comprehensive Plan Map.
H. Subdividing or partitioning of land, any portion of which is located in a flood plain, subject to the
provisions of DCC Title 18 and DCC Title 17, the Subdivision/Partition Ordinance.
I. All new construction expansion or substantial improvement of an existing dwelling, an
agricultural related structure, a commercial, industrial or other non-residential structure, or an
accessory building.
1. A boat dock or pier, either individual or community, on private property which lies in the
following areas:
1. On the Deschutes River between river miles 226.4 and 224.5. This area is identified in
the Scenic Waterway Management Plan as the Wickiup River Community Area;
2. On the Deschutes River between river miles 217.5 and 216.5. This area is identified in
the Scenic Waterway Management Plan as the Pringle Falls River Community Area; and
3. On the Deschutes River between river miles 207 and 192. This area is identified in the
Scenic Waterway Management Plan as River Community Areas and Recreational River
Area respectively.
K. Those recreational uses described in DCC 18.36.030, "F-1 - Conditional Uses," having an
insignificant effect on flood waters where the subject Flood Plain -zoned site is designated by the
Comprehensive Plan Map as "Forest" and is adjacent to land zoned F-1.
L. Those recreational uses described in DCC 18.40.030, "F-2 - Conditional Uses," having an
insignificant effect on flood waters where the subject Flood Plain -zoned site is designated by the
Comprehensive Plan Map as "Forest" and is adjacent to land zoned F-2.
M. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
N. 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.
O. Recreational vehicles on an individual lot for a period in excess of 180 consecutive days, as
allowed pursuant to DCC 18.116.080, 18.116.090, or 18.116.095(C), provided they meet the
following standards and criteria:
1. Placement of a recreational vehicle within a special flood hazard area for a period of
time exceeding 180 days requires a conditional use permit subject to the standards and
criteria established by DCC 18.96 and a Floodplain Permit as required by the National
Flood Insurance Program.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 88-030 §4 on 8/17/1988
Amended by Ord. 89-009 §4 on 11/29/1989
Amended by Ord. 91-005 §37 on 3/4/1991
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Repealed by Ord.
Amended by Ord.
Amended by Ord.
91-038 §1 on 9/30/1991
93-002 §4 on 2/3/1993
93-045 §1 on 8/18/1993
95-022 §1,2 on 4/5/1995
95-075 §1 on 11/29/1995
96-032 §1 on 5/1/1996
97-063 §3 on 11/12/1997
2001-016 §2 on 3/28/2001
2001-039 §11 on 12/12/2001
2007-019 §2 on 9/28/2007
2018-005 §11 on 10/10/2018
2019-010 §1 on 5/8/2019
2023-001 §13 on X/XX/2023
Exhibit N - Ordinance 2023-001
CHAPTER 18.100 RURAL INDUSTRIAL ZONE; R-I
18.100.010 Uses Permitted Outright
18.100.020 Conditional Uses
18.100.030 Use Limitations
18.100.040 Dimensional Standards
18.100.050 Off -Street Parking And Loading
18.100.060 Site Design
18.100.070 Additional Requirements
18.100.080 Solar Setback
18.100.090 Limited Use Combining Zone; Deschutes Junction
18.100.020 Conditional Uses
The following uses may be allowed subject to DCC 18.128:
A. Any use permitted by DCC 18.100.010, which is located within 600 feet of a residential dwelling,
a lot within a platted subdivision or a residential zone.
B. Any use permitted by DCC 18.100.010, which involves open storage.
C. Concrete or ready -mix plant.
D. Petroleum products storage and distribution.
E. Storage, crushing and processing of minerals, including the processing of aggregate into
asphaltic concrete or Portland cement Concrete
F. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant.
G. Railroad trackage and related facilities.
H. Pulp and paper manufacturing.
I. Any use permitted by DCC 18.100.010, 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 Land Disposal Site 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.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 86-018 §15 on 6/30/1986
Amended by Ord. 90-014 §38 on 7/12/1990
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §1 on 9/30/1991
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §12 on 12/12/2001
Amended by Ord. 2002-126 §1 on 12/11/2002
Amended by Ord. 2004-013 §10 on 9/21/2004
Amended by Ord. 2016-015 §8 on 7/1/2016
Amended by Ord. 2018-006 §12 on 11/20/2018
Amended by Ord. 2021-004 §5 on 5/27/2021
Amended by Ord. 2023-001 §14 on X/XX/2023
Exhibit 0 - Ordinance 2023-001
CHAPTER 18.108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.010 Purpose
18.108.020 Standards For All Districts
18.108.030 Single Family Residential; RS District
18.108.040 Multiple Family Residential; RM District
18.108.050 Commercial; C District
18.108.055 Town Center; TC District
18.108.060 Resort; R District
18.108.070 Resort Marina; RA District
18.108.080 Resort Golf Course; RG District
18.108.090 Resort Equestrian; RE District
18.108.100 Resort Nature Center; RN District
18.108.110 Business Park; BP District
18.108.120 Community General; CG District
18.108.130 Community Recreation; CR District
18.108.140 Community Limited; CL District
18.108.150 Community Neighborhood; CN District
18.108.160 Airport; A District
18.108.170 Utility; U District
18.108.175 Utility; U District/Limited Use Combining District
18.108.180 Forest; F District
18.108.190 Flood Plain; FP Combining District
18.108.160 Airport; A District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. Runway, fuel storage and sales and emergency repair.
2. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division.
3. Farm use as defined in DCC Title 18.
4. Related uses which are customarily appurtenant to airports, including but not limited to
hangars, tie -down areas and parking facilities.
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC
18.128 and a conditional use permit:
1. Farm accessory buildings and uses.
2. Utility facility necessary for public service, except fiIlsland disposal sites.
3. Golf course.
4. Park, playground, other recreational site or facility or community service facility.
5. 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/or DCC 18.128.270.
C. Use Limitations. In an A District, the following limitations and standards shall apply to all uses
permitted:
1. The height of any plant growth or structure or part of a structure such as chimneys,
towers, antennas, powerlines, etc., shall not exceed 35 feet.
2. In approach zones beyond the clear zone areas, no meeting place designed to
accommodate more than 25 persons for public or private purposes shall be permitted.
3. All parking demand created by any use permitted by DCC 18.108.160 shall be
accommodated on the subject premises entirely off-street.
4. No use permitted by DCC 18.108.160 shall require the backing of traffic onto a public or
private street or road right of way.
5. No power lines shall be located in clear zones.
6. No use shall be allowed which is likely to attract a large quantity of birds, particularly
birds which normally fly at high altitudes.
D. Dimensional Standards. In an A District, the following dimensional standards shall apply:
1. The minimum lot size shall be determined subject to the provisions of DCC 18.108.160
relative to setback requirements, off-street parking and loading requirements, lot
coverage limitations or as deemed necessary by the Planning Director or Hearings Body
to maintain air, land and water resource quality, protect adjoining and area land uses
and to ancllra racnl irra Tarrying ranaritiac aria not axraariari
2. An airport related use or structure located adjacent to or across the street from an
existing residential use or platted residential lot shall not exceed 70 percent lot
coverage and shall require off street parking and loading areas.
3. The minimum setback between any structure and an arterial right of way shall be 100
feet. The minimum setback between any structure and a collector right of way shall be
50 feet. The minimum setback between any structure and all local streets shall be 20
feet.
4. The minimum setback between any structure and a property line adjoining a residential
use or lot shall be 50 feet.
5. The minimum lot frontage shall be 50 feet.
6. The minimum side setback between any structure and a property line shall be three
feet, and the minimum total of both side setbacks shall be 12 feet.
7. The minimum rear setback between any structure and a rear property line shall be 25
feet.
8. Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary runway surface and
extending to a horizontal distance of 5,000 feet along the extended runway centerline.
9. Runway Larger than Utility with a Visibility Minimum Greater than Three -Fourths Mile
Nonprecision Instrument Approach Zone. Slopes 34 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary runway surface and
extending to a horizontal distance of 10,000 feet along the extended runway centerline.
10. Transitional Zones. Slopes seven feet outward for each foot upward beginning at the
side of and at the same elevation as the primary runway surface and approach surface,
and extending to a height of 150 feet above the airport elevation. In addition to the
foregoing, there are established height limits beginning at the sides of and at the same
elevation as they approach surface and extending to where they intersect the conical
surface.
11. Horizontal Zone. Established at 150 feet above the airport elevation.
12. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of
the horizontal zone and at 150 feet above the airport elevation and extending to a
height of 350 feet above the airport elevation.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997
Amended by Ord. 2023-001 §15 on X/XX/2023
18.108.180 Forest; F District
A. Uses permitted outright. The following uses and their accessory uses are permitted outright,
cuki, rt to annlirahla nrnvicinnc of nrr 151.ti Fnract I Ica-F1 7nna anrd to annlirahla nrnvicinnc
of the comprehensive plan:
1. Forest operations or forest practices including, but not limited to, reforestation of forest
land, road construction and maintenance, harvesting of a forest tree species, application
of chemicals and disposal of slash.
2. Temporary on -site structures which are auxiliary to and used during the term of a
particular forest operation. As used here, temporary structures are those which are
portable and/or not placed on a permanent foundation, and which are removed at the
conclusion of the forest operation requiring its use.
3. Physical alterations to commercial forest land auxiliary to forest practices including, but
not limited to, those made for purposes of exploration, mining, commercial gravel
extraction and processing, landfillsland disposal sites, dams, reservoirs, road
construction or recreational facilities. Gravel extraction and processing not covered by
DCC 18.108.180 is governed by DCC 18.52.
4. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries
resources.
5. Farm use as defined in ORS 215.203.
6. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment which provides service hookups, including water
service hookups.
7. Temporary portable facility for the primary processing of forest products. The facility
shall not be placed on a permanent foundation and shall be removed at the conclusion
of the forest operation requiring its use.
8. Exploration for mineral and aggregate resources as defined in ORS 517.
9. Towers and fire stations for forest fire protection.
10. Widening of roads within existing rights of way in conformance with the transportation
element of the comprehensive plan including public road and highway projects as
described in ORS 215.283(1)(k) through (n).
11. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
12. Uninhabitable structures accessory to fish and wildlife enhancement.
B. Conditional uses permitted. The following uses and their accessory uses may be allowed in the
Forest District, subject to applicable provisions of DCC 18.36, Forest Use-F1 Zone, and to
applicable provisions of the comprehensive plan:
1. Television, microwave and radio communication facilities and transmission towers.
2. Water intake facilities, related treatment facilities, pumping stations and distribution
lines.
3. Reservoirs and water impoundments.
4. New electric transmission lines with right-of-way widths of up to 100 feet as specified in
ORS 772.210. New distribution lines (e.g. electrical, gas, oil, geothermal) with rights of
way 50 feet or less in width.
5. Forest management research and experimentation facilities as defined by ORS 526.215
or where accessory to forest operations.
6. Commercial composting for which the Oregon Department of Environmental Quality has
granted a permit or a similar approval, together with equipment, facilities or buildings
necessary for operation, subject to DCC 18.128.015 and 18.128.120.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997
Amended by Ord. 98-016 §2 on 3/11/1998
Amended by Ord. 2001-040 §1 on 12/5/2001
Amended by Ord. 2020-007 §15 on 10/27/2020
Amended by Ord. 2023-001 §15 on X/XX/2023
Exhibit P - Ordinance 2023-001
CHAPTER 18.116 SUPPLEMENTARY PROVISIONS
18.116.010 Authorization Of Similar Uses
18.116.020 Clear Vision Areas
18.116.030 Off -Street Parking And Loading
18.116.031 Bicycle Parking
18.116.035 Bicycle Commuter Facilities
18.116.036 Special Parking Provisions For The Sunriver Town Center (TC) District
18.116.040 Accessory Uses
18.116.050 Manufactured Homes
18.116.070 Placement Standards For Manufactured Homes
18.116.080 Manufactured Home Or RV as Temporary Residence on An Individual Lot During
Construction Manufactured Home Or RV As A Temporary Residence On An Individual Lot
18.116.090 A Manufactured Home Or Recreational Vehicle As A Temporary Residence For Medical
Condition
18.116.095 Recreational Vehicle As A Tcmporary Residence On An Individual Lot
18.116.100 Building Projections
18.116.120 Fences
18.116.130 Hydroelectric Facilities
18.116.140 Electrical Substations
18.116.150 Endangered Species
18.116.160 Rimrock Setbacks Outside Of LM Combining Zone
18.116.170 Solar Height Restrictions
i80 Building The Protection Solar Access
1 ZS.11Ci.1bV Building Setbacks For The Protection Of Solar Access
18.116.190 Solar Access Permit
18.116.200 (Repealed)
18.116.210 Residential Homes And Residential Facilities
18.116.215 Family Child Care Provider
18.116.220 Conservation Easements On Property Adjacent To Rivers And Streams; Prohibitions
18.116.230 Standards For Class I And II Road Projects
18.116.240 Protection Of Historic Sites
18.116.250 Wireless Telecommunications Facilities
18.116.260 Rock Crushing Outside The SM Zone
18.116.270 Conducting Filming Activities In All Zones
18.116.280 Home Occupations
18.116.290 Amateur Radio Facilities
18.116.300 Wind Energy Systems That Generate Less Than 100 KW
18.116.310 Traffic Impact Studies
18.116.320 Medical Marijuana Dispensary
18.116.330 Marijuana Production, Processing, Retailing, And Wholesaling
18.116.340 Marijuana Production Registered By The Oregon Health Authority (OHA)
18.116.350 Accessory Dwelling Units In RR10 And MUA Zones
18.116.360 Nursery Schools
18.116.080 Manufactured Home Or RV as Temporary Residence on An Individual Lot During
Construction
A manufactured home of any class or a recreational vehicle may be authorized as a temporary residence
on an individual lot and shall comply with the following additional provisions:
A. The manufactured home or recreational vehicle shall be placed upon a lot for which a building
permit for a housing unit has been obtained.
B. The manufactured home or recreational vehicle shall be occupied only during a period in which
satisfactory progress is being made toward the completion of the housing unit on the same site.
C. Electric, water and sewer utility connections shall be made to the manufactured home or
recreational vehicle.
D. The manufactured home shall be removed from the lot not later than 18 months following the
date on which the building permit for the housing unit is issued or not later than two months
following the date of final building inspection of the housing unit, whichever occurs first. The
habitation of the recreational vehicle must cease, and its connection to all utilities other than
electric must be discontinued not later than 18 months following the date on which the building
permit for the housing unit is issued or not later than two months following the completion of
the housing unit, whichever occurs first.
E. All evidence that the manufactured home has been on the lot shall be removed within the 30
days following the removal of the manufactured home.
F. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required
of a manufactured dwelling or single-family dwelling on the subject lot.
G. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking
system, shall be attached to the site only by quick disconnect type utilities and security devices,
and shall have no permanently attached additions.
&H.As identified in this section, a single recreational vehicle located within a special flood hazard
area is subject to the standards and criteria established by DCC 18.96.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 89-004 §4 on 3/24/1989
Amended by Ord. 91-005 §44 on 3/4/1991
Amended by Ord. 93-043 §19F on 8/25/1993
Amended by Ord. 2023-001 §16 on X/XX/2023
18.116.090 A Manufactured Home Or Recreational Vehicle As A Temporary Residence For Medical
Condition
A. Unless otherwise allowed pursuant to DCC 18.116.095(C), A -a temporary use permit for one
manufactured home of any class or one recreational vehicle on a lot or parcel in addition to an
existing dwelling may be granted when a medical condition exists. In the Exclusive Farm Use and
Forest zones only, an existing building may be used as a temporary dwelling. For the purposes of
this section, "existing" means the building was in existence on or before March 29, 2017.
B. The person with a medical condition must be either one of the property owners or a relative of
one of the property owners.
C. For the purposes of this section, a relative is defined as a grandparent, step -grandparent,
grandchild, parent, step-parent, child, step -child, brother, sister, sibling, step -sibling, either
blood or legal relationship, niece, nephew, uncle, aunt or first cousin.
D. Such medical condition must be verified by a doctor's written statement, which shall accompany
the permit application.
E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC
18.116.090.
F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and
disconnected from any electric, water or sewer facility connection for which a permit has been
issued not later than 90 days following the date the medical condition requiring the temporary
use permit ceases to exist. In the Exclusive Farm Use and Forest zones the existing building will
be converted to a permitted non-residential use within 90 days following the date the medical
condition requiring the temporary use permit ceases to exist.
G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and
shall meet the minimum setbacks for the zone in which it is located.
H_The applicant shall obtain all necessary permits from the County Building and Environmental
Health Divisions prior to initiating the use.
I. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking
system, shall be attached to the site only by quick disconnect type utilities and security devices,
and shall have no permanently attached additions.
44J. As identified in this section, a single recreational vehicle located within a special flood hazard
area is subject to the standards and criteria established by DCC 18.96.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 89-004 §5 on 3/24/1989
Amended by Ord. 91-005 §45 on 3/4/1991
Amended by Ord. 2008-022 §2 on 11/10/2008
Amended by Ord. 2012-007 §5 on 5/2/2012
Amended by Ord. 2017-001 §1 on 2/27/2017
Amended by Ord. 2023-001 §16 on X/XX/2023
18.116.095 Recreational Vehicle As A may -Residence On An Individual Lot
A. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel in a
manufactured dwelling park, mobile home park or recreational vehicle park, consistent with
ORS 197.493(1), provided that:
1. The recreational vehicle is occupied as a residential dwelling; and
2. The recreational vehicle is lawfully connected to water and electrical supply systems and
a sewage disposal system.
A-B. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not
containing a dwelling unit and not within in a manufactured dwelling park, mobile home park or
recreational vehicle park and used as a temporary dwelling unit:A single recreational vehicle, as -
defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling and used as a
1. For a period totaling not more than 30 days in any consecutive 60-day period without
obtaining a land use permit from the Deschutes County Planning Division; or
2. For a total period not to exceed six months in a calendar year by obtaining a temporary
use permit under the terms of DCC 18.116.095 from the Deschutes County Planning
Division. A temporary use permit may be renewed annually for use of a recreational
vehicle under the terms of DCC 18.116.095 on the same lot or parcel.
C. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel
containing a manufactured dwelling or single-family dwelling, where such dwelling is
uninhabitable due to damages from natural disasters, including wildfires, earthquakes, flooding
or storms, until no later than the date:
1. The dwelling has been repaired or replaced and an occupancy permit has been issued;
2. The local government makes a determination that the owner of the dwelling is
unreasonably delaying in completing repairs or replacing the dwelling; or
2 3. Twenty-four months after the date the dwelling first became uninhabitable.
6-D. All necessary permits shall be obtained from the Deschutes County Building Safety
Division before connecting a recreational vehicle to sewer, water and/or electric utility services.
€E_A permit shall be obtained from the Deschutes County Environmental Health Division before
disposing any wastewater or sewage on -site.
I F. A recreational vehicle used as a residential dwelling unit or temporary dwelling unit shall meet
the same setbacks required of a manufactured dwelling or single-family dwelling on the subject
lot.
G. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking
system, shall be attached to the site only by quick disconnect type utilities and security devices,
and shall have no permanently attached additions.
&H. As identified in this section, a single recreational vehicle located within a special flood hazard
area is subject to the standards and criteria established by DCC 18.96.
H I STO RY
Amended by Ord. 91-038 §3 on 9/30/1991
Amended by Ord. 95-075 §1 on 11/29/1995
Amended by Ord. 98-062 §1 on 12/9/1998
Amended by Ord. 2007-019 §4 on 9/28/2007
Amended by Ord. 2023-001 §16 on X/XX/2023
Exhibit Q - Ordinance 2023-001
CHAPTER 18.124 SITE PLAN REVIEW
18.124.010 Purpose
18.124.020 Elements Of Site Plan
18.124.030 Approval Required
18.124.040 Contents And Procedure
18.124.050 Decision On Site Plan
18.124.060 Approval Criteria
18.124.070 Required Minimum Standards
18.124.080 Other Conditions
18.124.090 Right Of Way Improvement Standards
18.124.030 Approval Required
A. No building, grading, parking, land use, sign or other required permit shall be issued for a use
subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed
until a final site plan is approved according to DCC Title 22, the Uniform Development
Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall apply to the following:
1. All conditional use permits where a site plan is a condition of approval;
2. Multiple -family dwellings with more than three units;
3. All commercial uses that require parking facilities;
4. All industrial uses;
5. All other uses that serve the general public or that otherwise require parking facilities,
including, but not limited to, landfillsland disposal sites, schools, utility facilities,
religious institutions or assemblies, community buildings, cemeteries, mausoleums,
crematories, airports, parks and recreation facilities and livestock sales yards; and
6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones
(SMIA).
7. Non-commercial wind energy system generating greater than 15 to 100 kW of
electricity.
C. The provisions of DCC 18.124.030 shall not apply to uses involving the stabling and training of
equine in the EFU zone, noncommercial stables and horse events not requiring a conditional use
permit.
D. Noncompliance with a final approved site plan shall be a zoning ordinance violation.
E. As a condition of approval of any action not included in DCC 18.124.030(B), the Planning
Director or Hearings Body may require site plan approval prior to the issuance of any permits.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
Repealed by Ord.
Amended by Ord.
Amended by Ord.
Amended by Ord.
86-032 §1 on 4/2/1986
91-020 §1 on 5/29/1991
91-038 §1 on 9/30/1991
94-008 §14 on 6/8/1994
2003-034 §2 on 10/29/2003
2011-009 §1 on 10/17/2011
2018-005 §14 on 10/10/2018
2019-010 §1 on 5/8/2019
2020-001 §15 on 4/21/2020
2023-001 §17 on X/XX/2023
Exhibit R - Ordinance 2023-001
CHAPTER 22.04 INTRODUCTION AND DEFINITIONS
22.04.010 Introduction And Application
22.04.020 Definitions
22.04.030 Definition-120-Day (Repealed)
22.04.040 Verifying Lots Of Record
22.04.040 Verifying Lots Of Record
A. Purpose; scope. Concurrent with or prior to the issuance of certain permits, a lot or parcel shall
be verified pursuant to this section to reasonably ensure compliance with the zoning and land
division laws in effect on the date the lot or parcel was created. Not all permits require
verification. If required, verifying that the lot or parcel was lawfully created is a threshold issue
that should be addressed before the permit may be issued, but does not supersede or nullify
other permit requirements. This section 22.04.040 provides an applicant the option to
concurrently verify a lot or parcel as part of applying for a permit that requires verification, or
preliminarily apply for a declaratory ruling to thereby determine the scope of available permits.
B. Permits Requiring Verification.
1. Unless an exception applies pursuant to subsection (B)(2) below, verifying a lot or parcel
pursuant to subsection (C) shall be required prior to the issuance of the following
permits:
a. Any land use permit for a unit of land in the Exclusive Farm Use Zones (DCC
Chapter 151.1e), Forest Use Zone — F1 (DCC Chapter 18361, or Forest Use Zone —
F2 (DCC Chapter 18.40);
b. Any permit for a lot or parcel that includes wetlands as shown on the Statewide
Wetlands Inventory;
c. Any permit for a lot or parcel subject to wildlife habitat special assessment;
d. In all zones, a land use permit relocating property lines that reduces in size a lot
or parcel;
e. In all zones, a land use, structural, or non -emergency on -site sewage disposal
system permit if the lot or parcel is smaller than the minimum area required in
the applicable zone;
2. Exceptions. Verification shall not be required if one of the following exceptions apply:
a. The lot or parcel was created by a subdivision plat, partition plat, condominium
plat, or town plat so long as the plat was recorded and approved by the County,
another political subdivision of the State of Oregon, or the State of Oregon;
b. The lot or parcel was previously validated by the County and an applicable
partition plat was subsequently recorded within 40-365 days as required by ORS
92.176(45);
c. The lot or parcel was previously determined to be a lot of record in a formal
decision issued by the County or a finding in a land use action prior to
November 1, 2017;
d. The lot or parcel was previously verified pursuant to subsection (C) and a finding
was issued to that effect in a land use action or declaratory ruling; or
e_For permits listed in subsection (B)(1)(e) only, the lot or parcel previously
received a land use or building permit prior to November 1, 2017, a structural
permit after November 1, 2017, or a non -emergency on -site sewage disposal
permit.
e:f. Notwithstanding DCC 22.04.040(B)(2)(b), if a unit of land has been validated by
a city or county under ORS 92.176 before January 1, 2022, such unit of land
becomes a lawfully established parcel, provided that the owner of the unit of
land caused a partition plat to be recorded on or before December 31, 2022.
C. Verified Lots of Record. Permits that require verification shall only be issued to lots or parcels
that meet the "lot of record" definition in 18.04.030.
D. Findings; Declaratory Ruling. If an applicant is applying for a land use permit listed in subsection
(B)(1), the County shall include a finding verifying that the lot or parcel meets the "lot of record"
definition in 18.04.030, a finding noting that the lot or parcel does not meet the "lot of record"
definition in 18.04.030, or a finding noting that verification was not required because the lot or
parcel qualified for an exception pursuant to subsection (B)(2). If an applicant is applying for a
permit listed in subsection (B)(1) that does not require public notice, or prior to applying for any
permit, an applicant may request a declaratory ruling pursuant to DCC Chapter 22.40. If the lot
or parcel meets the "lot of record" definition in 18.04.030, the County shall issue the declaratory
ruling determining that the lot or parcel qualifies for all permits listed in subsection (B)(1). If the
lot or parcel does not meet the "lot of record" definition in 18.04.030, the County shall not issue
the declaratory ruling and instead shall provide the applicant information on permit options that
do not require verification and information on verification exceptions that may apply pursuant
to subsections (B)(2).
HISTORY
Adopted by Ord. 2017-015 §3 on 11/1/2017
Amended by Ord. 2023-001 §18 on X/XX/2023
Exhibit S - Ordinance 2023-001
TITLE 23 COMPREHENSIVE PLAN
CHAPTER 23.01 COMPREHENSIVE PLAN
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and
found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. [Repealed by Ordinance 2013-001, §1]
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
T. [Repealed by Ordinance 2016-027 §1]
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
AC. [repealed by Ord. 2019-010 §1, 2019]
AD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
AE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
AF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
AG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
AH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
Al. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
AJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
AK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
AL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
AM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
AN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
AO. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
AP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-008, are incorporated by reference herein.
AQ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-007, are incorporated by reference herein.
AR. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-006, are incorporated by reference herein.
AS. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-009, are incorporated by reference herein.
AT. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-013, are incorporated by reference herein.
AU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-002, are incorporated by reference herein.
AV. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-005, are incorporated by reference herein.
AW. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-008, are incorporated by reference herein.
AX. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-001, are incorporated by reference herein.
AY. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-003, are incorporated by reference herein.
AZ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-006, are incorporated by reference herein.
BA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2023-001, are incorporated by reference herein.
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
HISTORY
Amended by Ord. 2011-027 §10 on 11/9/2011
Adopted by Ord. 2011-003 §2 on 11/9/2011
Amended by Ord. 2011-017 §5 on 11/30/2011
Amended by Ord. 2012-012 §1, 2, 3, 4 on 8/20/2012
Amended by Ord. 2012-005 §1 on 11/19/2012
Amended by Ord. 2013-002 §1 on 1/7/2013
Repealed by Ord. 2013-001 §1 on 1/7/2013
Amended by Ord. 2013-005 §1 on 1/23/2013
Amended by Ord. 2012-016 §1 on 3/4/2013
Amended by Ord. 2013-009 §1 on 5/8/2013
Amended by Ord. 2013-012 §1 on 8/8/2013
Amended by Ord. 2013-007 §1 on 8/28/2013
Amended by Ord. 2014-005 §2 on 2/26/2014
Amended by Ord. 2014-006 §2 on 3/15/2014
Amended by Ord. 2014-012 §1 on 8/6/2014
Amended by Ord. 2014-021 §1 on 11/26/2014
Amended by Ord. 2015-029 §1 on 11/30/2015
Amended by Ord. 2015-010 §1 on 12/21/2015
Amended by Ord. 2015-021 §1 on 2/22/2016
Amended by Ord. 2015-018 §1 on 3/28/2016
Amended by Ord. 2016-001 §1 on 4/5/2016
Amended by Ord. 2016-022 §1 on 9/28/2016
Repealed & Reenacted by Ord. 2016-027 §1, 2 on 12/28/2016
Amended by Ord. 2016-005 §1 on 2/27/2017
Amended by Ord. 2016-029 §1 on 3/28/2017
Amended by Ord. 2017-007 §1 on 11/1/2017
Amended by Ord. 2018-002 §1 on 1/25/2018
Amended by Ord. 2018-005 §2 on 10/10/2018
Amended by Ord. 2018-008 §1 on 10/26/2018
Amended by Ord. 2018-008 §1 on 10/26/2018
Amended by Ord. 2018-008 §1 on 10/26/2018
Amended by Ord. 2018-006 §1 on 11/20/2018
Amended by Ord. 2018-011 §1 on 12/11/2018
Amended by Ord. 2019-004 §1 on 3/14/2019
Amended by Ord. 2019-003 §1 on 3/14/2019
Amended by Ord. 2019-002 §1 on 4/2/2019
Amended by Ord. 2019-001 §1 on 4/16/2019
Amended by Ord. 2019-010 §1 on 5/8/2019
Amended by Ord. 2019-011 §1 on 5/17/2019
Amended by Ord. 2019-006 §1 on 6/11/2019
Amended by Ord. 2019-019 §2 on 12/11/2019
Amended by Ord. 2020-001 §26 on 4/21/2020
Amended by Ord. 2020-003 §1 on 5/26/2020
Amended by Ord. 2020-002 §1 on 5/26/2020
Amended by Ord. 2020-008 §5 on 9/22/2020
Amended by Ord. 2020-007 §1 on 10/27/2020
Amended by Ord. 2020-006 §1 on 11/10/2020
Amended by Ord. 2020-009 §4 on 11/17/2020
Amended by Ord. 2020-013 §1 on 11/24/2020
Amended by Ord. 2021-002 §3 on 4/27/2021
Amended by Ord. 2021-005 §1 on 6/16/2021
Amended by Ord. 2021-008 §1 on 6/30/2021
Amended by Ord. 2022-001 §2 on 7/12/2022
Amended by Ord. 2022-003 §2 on 7/19/2022
Amended by Ord. 2022-006 §2 on 7/22/2022
Amended by Ord. 2023-001 §19 on X/XX/2023
Exhibit T - Ordinance 2023-001
six-pp Lemewta�
chapter �
<sect'o vAs
5ect%ow 59 goal, I wvewtoYU
cultural awd t-t%storiz Resources
Background
This section lists Locally Significant Historic Resources and National Register Resources in rural
Deschutes County. These inventories are acknowledged by the Department of Land
Conservation and Development. In 2020, Deschutes County's inventories were updated to
comply with Oregon Administrative Rule (OAR) 660-023-0200, Historic Resources. OAR 660-
023-0200 was amended in 2017.
Locally Significant Historic Resoruces
I. Alfalfa Grange: Grange building and community center, built in 1930, located on Willard
Road, Alfalfa. 17-14-26 TL 400.
2. Allen Ranch Cemetery: Oldest cemetery in Deschutes County. 30' by 40' fenced cemetery
plot. Situated 100 yards west of South Century Drive, one-half mile south of Road 42.
Two marble gravestones, two wooden markers. 20-1 1-7 TL 1700.
3. Fall River Fish Hatchery "Ice House": The hatchery "Ice House" dates from the beginning
of fishery management in Oregon, circa 1920. It is an 18 foot by 18 foot improvement, the
only original building remaining on the property, and the only significant building or
structure on the site. Located at 15055 S. Century Drive, E1/2; NE'/4; Section 32, Township
20S, Range 10 E. Tax Lot 100. (Ordinance 94-006 &I, 1994).
4. Long Hollow Ranch — Black Butte: Headquarters complex of historic ranch, located on
Holmes Road in Lower Bridge area, including headquarters house, ranch commissary,
equipment shed, barn and bunkhouse. 14- I I - I TL 101.
5. Swamp Ranch — Black Butte: The present day site of the Black Butte Ranch was part of the
vast holdings of the Black Butte Land and Livestock Company in 1904. No buildings from
the period exist. 14-9-I0A, I OB, 15B, I5C, I6A, 2 I A, 2 I B, 2I C, 22A, 22B.
6. Brothers School: Only one -room schoolhouse currently in use in Deschutes County,
located on Highway 20 in Brothers. 20-18-00 TL 3200.
7. Bull Creek Dam: The Bull Creek Dam, a component of the Tumalo Irrigation Project was
constructed in 1914 to form a water storage reservoir to increase the amount of irrigated
acreage at Tumalo. It is a gravity type of overflow dam. Two cut off walls are extended
into solid formation, one at the upper toe and the other at the lower toes of the concrete
dam. The dam proper is about 17 feet high from the foundation, although the completed
structure is about 25 feet. Located on Tumalo Reservoir -Market Road. 16-11-33 TL 2700
SW-1/4; SW-'/4.
8. Bull Creek Dam Bridge (Tumalo Irrigation Ditch Bridge): Built in 1914, the bridge, which
spans the dam, consists of five continuous filled spandrel, barrel -type concrete deck arch
spans, each 25 feet long. The concrete piers are keyed into notches in the arch structure.
The structure is the oldest bridge in Deschutes County. On Tumalo Reserve -market
Road. 16-1 1-33 TL 2700/ SW-1/4; SW-1/4.
2 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.9 CULTURAL AND HISTORIC INVENTORIES
9. Camp Abbot Site, Officers' Club: Officers' Club for former military camp, currently
identified as Great Hall in Sunriver and used as a meeting hall. 20-1 I -5B TL 112.
10. Camp Polk Cemetery: One of the last remaining pioneer cemeteries, located off Camp
Polk Road near Sisters. The site is composed of a tract of land, including gravestones and
memorials, containing 2.112 acres in the Southwest Quarter of the Southeast Quarter of
Section 27, Township 14 South, Range I0 E.W.M., TL 2100, described as follows:
Beginning at a point North 20 degrees 06' 20" West 751 feet from the corner common
to Sections 26, 27, 34 and 35 in Township 14 South Range 10 E.W.M. and running thence
South 88 degrees 30' West 460 feet; thence North I degree 30' East 460 feet; thence
South I degree 30' 200 feet to the point of beginning.
I I Camp Polk Military Post Site: One of the oldest military sites in Deschutes County.
Located on Camp Polk Cemetery Road. Site includes entire tax lots, listed as follows 14-
I 0-00 TL 2805 & 14-10-34 TL 100, 300.
12. Cloverdale School: School building in Cloverdale, located near 68515 George Cyrus
Road. First building built in Cloverdale. 15-1 1-7 TL 600.
13. Eastern Star Grange: Grange hall for earliest grange organized in Deschutes County,
located at 62850 Powell Butte Road. 17-13-19 TL 1900.
14. Enoch Cyrus Homestead Hay Station and Blacksmith Shop: The Enoch Cyrus Homestead
was the original homestead of Oscar Maxwell, built in 1892 and purchased in 1900 by
Enoch Cyrus. Important stage/store stop for early travelers. The homestead house,
including a back porch and cistern, and the Blacksmith Shop are designated. 15-1 1-10 TL
700.
15. Fremont Meadow: A small natural meadow on Tumalo Creek in Section 34, Township 17
South, Range I I East, lying within Shevlin Park. TL 5900. Campsite for 1843 Fremont
expedition. 17-1 1-34 TL 5900.
16. Harper School: One -room schoolhouse, located west of South Century Drive, south of
Sunriver, moved halfway between the Allen Ranch and the Vandevert Ranch from the
former townsite of Harper. 20-1 1-17 TL 1200.
I 7. Improved Order of Redmond Cemetery: Historic cemetery used by residents of La
Pine/Rosland area. Located on Forest Road 4270, east of Highway 97. A 40-acre parcel
described as: The Southwest one -quarter of the Southeast one -quarter (SW-1/4; SE-1/4)
Section 7, Township 22 south, Range I I, East of the Willamette Meridian, Deschutes
County, Oregon.
18. Laidlaw Bank and Trust: One of the few remaining commercial buildings from the
community of Laidlaw, located at 64697 Cook Avenue, Tumalo. 16-12-31 A TL 2900.
19. La Pine Commercial Club: Building was built in 1912 as a community center, serving as a
regular meeting place for civic organizations and occasionally served as a church. One of
the oldest and continuously used buildings in La Pine. Located at 51518 Morrison Street,
La Pine. 22-10- 15AA TL 4600.
20. Lynch and Roberts Store Advertisement: Ad advertising sign painted on a soft volcanic ash
surface. Only area example of early advertising on natural material. Lynch and Roberts
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 1 3
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.9 CULTURAL AND HISTORIC INVENTORIES
established mercantile in Redmond in 1913. Roberts Field near Redmond was named for J.
R. Roberts. Site includes the bluff. 14-12-00 TL 1501 1505.
21. Maston Cemetery: One of the oldest cemeteries in County. Oldest grave marker is 1901.
About one-half mile from site of Maston Sawmill and Homestead. Site includes the
gravestones and memorials and the entire tax lot, identified as 22-09-00 TL 1800.
22. George Millican Ranch and Mill Site: Ranch established in 1886. Well dug at or near that
date. Remains of vast cattle ranching empire. 19-15-33 TLs 100, 300.
23. George Millican Townsite: Town established 1913. Site includes store and garage
buildings, which retain none of the architectural integrity from era. 19-15-33 TL 500.
24. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and
structures erected by Rasmus Petersen. A residence house and museum are part of the
site. The site has been a tourist attraction for over 60 years. Located at 7930 SW 77th,
Redmond. Site includes entire tax lot. 16-12-1 1 TL 400.
25. Pickett's Island: After originally settling in Crook County, Marsh Awbrey moved to Bend
and then homesteaded on this island in the Deschutes River south of Tumalo. The site
was an early ford for pioneers. Located in Deschutes River near Tumalo State Park. 17-
12-6 NE-1/4 TL 100. Portion between Deschutes River and Old Bend Road is designated.
26. Rease (Paulina Prairie) Cemetery: Historic cemetery on Elizabeth Victoria Castle Rease
and Denison Rease's homestead. Earliest known grave is of their son, George Guy Rease,
born in 1879, who was also a homesteader on Paulina Prairie. George Guy Rease died of
smallpox on the Caldwell Ranch on May 2, 1903. Other known burials are William Henry
Caldwell, 1 84 1 -October 15, 1910, died on the Caldwell Ranch of injuries sustained on a
cattle drive; Melvin Raper, 1892-1914, died in a tent of tuberculosis; Addie Laura
Caldwell, I909-November 16, 1918, died of the Spanish influenza epidemic; and Emma
Nimtz Deedon, I 886-April 15, 1915, died of complications from a pregnancy. There are
several unmarked graves. The cemetery is a county -owned one -acre parcel on the north
edge of Paulina Prairie, two miles east of Highway 97. 210-11-29, SE-1/4; NW-'/4 TL 99.
27. Terrebonne Ladies Pioneer Club: The Club was organized in 1910. The building has been
a community -meeting place since 1911. Located at 8334 I I th Street, Terrebonne. 14-13-
16DC TL 700.
28. Tetherow House and Crossing: Site is an excellent example of an early Deschutes River
crossing. Major route from Santiam Wagon Road to Prineville. Tetherow House was built
in 1878. The Tetherows operated a toll bridge, store and livery stable for travelers.
Oldest house in County. Site includes house and entire tax lot. 14-12-36A TL 4500.
29. Tumalo Creek - Diversion Dam The original headgate and diversion dam for the feed
canal was constructed in 1914. The feed canal's purpose was to convey water from
Tumalo Creek to the reservoir. The original headworks were replaced and the original
94.2 ft low overflow weir dam was partially removed in 2009/2010 to accommodate a
new fish screen and fish ladder. The remaining original structure is a 90 foot (crest
length) section of dam of reinforced concrete. Tax Map 17-1 1-23, Tax Lot 800 & 1600.
4 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.9 CULTURAL AND HISTORIC INVENTORIES
30. Tumalo Community Church: The building is the oldest church in the County, built in
1905. It stands in the former town of Laidlaw, laid out in 1904. Located at 64671 Bruce
Avenue, Tumalo. 16-12-3 I A TL 3900.
31. Tumalo Project Dam: Concrete core, earth -filled dam 75 feet high. First project by State
of Oregon to use State monies for reclamation project. On Tumalo Creek. 16-1 1-29.
32. William P. Vandevert Ranch Homestead House: The Vandevert Ranch House stands on
the east bank of the Little Deschutes River at 17600 Vandevert Road near Sunriver. The
homestead was established in 1892, and has been recently relocated and renovated.
Vandevert family history in the area spans 100 years. 20-1 1- 1 8D TL 13800.
33. Kathryn Grace Clark Vandevert Grave: Kathryn Grace Vandevert, daughter of William P.
Vandevert, died of influenza during the epidemic of 1918. Her grave is located across a
pasture due south of the Vandevert House, 50 feet east of the Little Deschutes River. Site
includes gravestone and fenced gravesite measuring is approximately 15 feet by 25 feet.
20- I I -00 TL 1900.
34. Young School: Built in 1928, it is an excellent example of a rural "one -room" school
which served homesteaders of the 1920s. Located on Butler Market Road. 17-13-19 TL
400.
35. Agnes Mae Allen Sottong and Henry J. Sottong House and Barn: House and barn are
constructed with lumber milled on the property in a portable sawmill run by the Pine
Forest Lumber Company in 191 1. Henry was awarded homestead patent 7364 issued at
The Dalles on Dec I, 1904. Henry was president of the Mountain States Fox Farm. A
flume on the Arnold Irrigation District is named the Sottong Flume. The structures are
also associated with William Kuhn, a president of the Arnold Irrigation District; Edward
and Margaret Uffelman, who were part of the group that privatized and developed the
Hoo Doo Ski Resort; and Frank Rust Gilchrist, son of the founder of the town of
Gilchrist and Gilchrist Mill and president of the Gilchrist Timber Company from the time
of his father's death in 1956 to 1988. Frank R. Gilchrist served on the Oregon Board of
Forestry under four governors and was appointed by the governors to serve as a member
of the Oregon Parks and Recreation Advisory Committee. He served on the Oregon
State University's Forest Products Research Lab and was a director and president of the
National Forest Products Association. T 18 R 12 Section 22, 00 Tax lot 01600.
Inventory note: Unless otherwise indicated the inventoried site includes only the designated
structure. No impact areas have been designated for any inventoried site or structure.
National Register Resources listed before February 23, 2017
36. Pilot Butte Canal: A gravity -flow irrigation canal constructed in 1904 that diverts 400
cubic feet of Deschutes River water per second. The canal conveys water through a 225-
miles-long distribution system of successively narrower and shallower laterals and ditches
on its way to those who hold water rights, serving about 20,71 I acres by 1922. The canal
was built in an area that had a population of 81 people when it was constructed. The
historic district measures 7,435 feet long and encompasses 50 feet on either side of the
canal centerline to create a 100-foot corridor. The district has a character -defining rocky,
uneven bed, and highly irregular slopes, angles, cuts, and embankments.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20 I I 5
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.9 CULTURAL AND HISTORIC INVENTORIES
37. Elk Lake Guard Station: A wagon road built in 1920 between Elk Lake and Bend sparked a
wave of tourism around the scenic waterfront. To protect natural resources of the
Deschutes National Forest and provide visitor information to guests, the Elk Lake Guard
Station was constructed in 1929 to house a forest guard.
38. Deedon (Ed and Genvieve) Homestead: The homestead is located between the
Deschutes River and the Little Deschutes River. All of the buildings were constructed
between 1914 and 1915.
39. Gerking, Jonathan N.B. Homestead: Jonathan N.8. Gerking, "Father of the Tumalo
Irrigation Project," played a crucial role in getting the project recognized and funded.
40. McKenzie Highway: The McKenzie Salt Springs and Deschutes Wagon Road, a
predecessor to the modern McKenzie Highway, was constructed in the 1860s and 1870s.
41. Paulina Lake Guard Station: The station typifies the construction projects undertaken by
the Civilian Conservation Corps and signifies the aid to the local community provided by
the emergency work -relief program through employment of youth and experienced
craftsmen, purchase of building materials and camp supplies, and personal expenditures of
enrollees.
42. Paulina Lake I.O.O.F Organization Camp: The Paulina Lake 1.0 .0 .F. Organization camp
was constructed during the depression era and are the result of cooperative efforts by
nonprofessional builders. Such camp buildings are important in Oregon's recreational
history as an unusual expression of both its rustic style and its vernacular traditions.
43. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and
11 A Petersen.TI. 1. 1 f /A
structures erected by Rasmus rThe site has been a tourist attraction for over ov
years.
44. Rock 0' the Range Bridge: Rock 0' The Range is the only covered span east of the
Cascades in Oregon. To gain access to his property, William Bowen instructed Maurice
Olson — a local contractor — to build a bridge inspired by Lane County's Goodpasture
Bridge.
45. Skyliners Lodge: The Skyliners are a Bend -based mountaineering club organized in 1927.
In 1935, the group started building the Skyliners Lodge with help from the Deschutes
National Forest, the Economic Recovery Act and the City of Bend.
46. Santiam Wagon Road: The Santiam Wagon Road went from Sweet Home to Cache
Creek Toll Station. The road was conceived of in 1859 to create a route across the
Cascades. By the 1890s, the road had become a major trade route.
47. Wilson, William T.E. Homestead: This homestead house was built in 1903 and has an
"American Foursquare" architectural style.
National Register Resources listed on / after February 23, 2017
48. Central Oregon Canal: A gravity -flow irrigation canal constructed in 1905 and enlarged in
1907 and 1913. The canal retains its impressive historic open, trapezoidal shape,
dimensions and characteristics. It is characterized by the volcanic rock flows, native
materials, rocky bed and sides, and its hurried hand-hewn workmanship. The historic
district is 3.4 miles long, crossing rural land between the Ward Road Bridge on the
6 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.9 CULTURAL AND HISTORIC INVENTORIES
western edge and the Gosney Road Bridge on the eastern edge. In the historic district,
the canal ranges in width from 34' to 78', averaging around 50', and its depth varies from
1' to 9', averaging around 4' deep, depending on the amount of volcanic lava flows
encountered, the terrain, and slope. The canal through the historic district carries nearly
the full amount of water diverted from the Deschutes River, 530 cubic feet per second
during the irrigation season, April through October. The historic district encompasses 50'
on either side of the canal centerline to create a 100' corridor that includes the whole of
the easement held by COID, and all the contributing resources. (Date listed: 03/18/
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20 I I 7
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.9 CULTURAL AND HISTORIC INVENTORIES
Exhibit U - Ordinance 2023-001
5ecti-ow 5.12 l..eg%stLttive f-tf,storo
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Effective
Chapter/Section
Amendment
2011-003
8-10-1 1/ 1 1-9-1 I
All, except
Transportation, Tumalo
and Terrebonne
Community Plans,
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
Comprehensive Plan update
2011-027
10-31-1 1 / 1 1-9-1 I
2.5, 2.6, 3.4, 3.10, 3.5,
4.6, 5.3, 5.8, 5. I I ,
23.40A, 23.40B,
23.40.065, 23.01.010
Housekeeping amendments to
ensure a smooth transition to
the updated Plan
2012-005
8-20-12/ 1 1-19-12
23.60, 23.64 (repealed),
3.7 (revised), Appendix C
(added)
Updated Transportation
SvctPm Plan
' "
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
2013-002
1-7-13/ 1-7-13
4.2
Central Oregon Regional
Large -lot Employment Land
Need Analysis
2013-009
2-6-13/5-8-13
1.3
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Residential Exception
Area
2013-012
5-8-13/8-6-13
23.01.010
Comprehensive Plan Map
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2013-007
5-29-13/8-27-13
3.10, 3.11
Newberry Country: A Plan
for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN — 201 I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-00I
2013-016
10-21-13/10-21-13
23.01.010
Comprehensive Plan Map
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
2014-005
2-26-14/2-26-14
23.01.010
Comprehensive Plan Map
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2- 14/7- I -14
3. 10, 3. I I
Housekeeping amendments to
Title 23.
2014-021
8-27-14/ 1 1-25-14
23.01.010,
5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
2014-021
8-27-14/ 1 1-25-14
23.01.010,
5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
2014-027
12-15-14/3-31-15
23.01.010,
5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Industrial
2015-021
11-9-15/2-22-16
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Surface Mining.
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010,
2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20 I I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-001
2
2015-010
12-2- 15/ 12-2-15
2.6
Comprehensive Plan Text and
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
2016-001
12-21-15/04-5-16
23.01.010; 5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Comprehensive Plan
Amendment to add an
exception to Statewide
Planning Goal II to allow
sewers in unincorporated
lands in Southern Deschutes
County
20 16-005
11-28-16/2-16-17
23.01.010, 2.2, 3.3
Comprehensive Plan
Amendment recognizing non-
resource lands process
allowed under State law to
change EFU zoning
2016-022
_ _ _ ..... .. ..
9-28-16/ 1 1-14-1 6
.. , .
23.01.010, 1.3, 4.L
Comprehensive plan
Amendment, including certain
property within City of Bend
Urban Growth Boundary
20 16-029
12-14-16/ 12/28/ 16
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from, Agriculture to
Rural Industrial
2017-007
10-30-17/10-30-17
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Residential Exception
Area
2018-002
1-3-18/1-25-18
23.01, 2.6
Comprehensive Plan
Amendment permitting
churches in the Wildlife Area
Combining Zone
3
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-001
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
2018-011
9-12-18/ 12-1 1-18
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Residential Exception
Area
2018-005
9-19-18/10-10-18
23.01.010, 2.5, Tumalo
Community Plan,
Newberry Country Plan
Comprehensive Plan Map
Amendment, removing Flood
Plain Comprehensive Plan
Designation; Comprehensive
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
Comprehensive Plan
Amendment allowing for the
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
2019-002
1-2-19/4-2-19
23.01.010, 5.8
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Comprehensive Plan and Text
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-001
4
2019-003
02-12-19/03-12-19
23.01.010, 4.2
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
2019-01 1
05-01-19/05-16/ 19
23.01.010, 4.2
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
refinement of the West Area
Master Plan Area 1 boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
2019-006
03-13-19/06-11-19
23.01.010,
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Residential Exception
Area
2019-016
I 1-25-19/02-24-20
23.01.01, 2.5
Comprehensive Plan and Text
amendments incorporating
language from DLCD's 2014
Model Flood Ordinance and
Establishing a purpose
statement for the Flood Plain
Zone.
5
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-001
20 1 9-0 1 9
12- 1 1 -19/ 12- 1 1- 1 9
23.01.01,
2.5
Comprehensive Plan and Text
amendments to provide
procedures related to the
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
2020-001
12-1 1-19/ 12-1 1 -19
23.01.01,
2.5
Comprehensive Plan and Text
amendments to provide
procedures related to the
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
2020-002
2-26-20/5-26-20
23.01.01,
4.2,
5.2
Comprehensive Plan Map
Amendment to adjust the
Redmond Urban Growth
Boundary through an equal
exchange of land to/from the
Redmond UGB. The exchange
property is being offered to
better achieve land needs that
were detailed in the 2012 SB
1544 by providing more
development ready land
within the Redmond UGB.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
2020-003
02-26-20/05-26-20
23.01.01,
5.10
Comprehensive Plan
Amendment with exception
to Statewide Planning Goal 11
(Public Facilities and Services)
to allow sewer on rural lands
to serve the City of Bend
Outback Water Facility.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20 I I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-00I
6
2020-008
06-24-20/09-22-20
23.01.0I0, Appendix C
Comprehensive Plan
Transportation System Plan
Amendment to add
roundabouts at US 20/Cook-
O.B. Riley and US 20/Old
Bend -Redmond Hwy
intersections; amend Tables
5.3.T I and 5.3.T2 and amend
TSP text.
2020-007
07-29-20/10-27-20
23.01.010, 2.6
Housekeeping Amendments
correcting references to two
Sage Grouse ordinances.
2020-006
08-12-20/ 1 1-10-20
23.01.01, 2.1 1, 5.9
Comprehensive Plan and Text
amendments to update the
County's Resource List and
Historic Preservation
Ordinance to comply with the
State Historic Preservation
Rule.
2020-009
08-19-20/ 1 I -17-20
23.01.010, Appendix C
Comprehensive Plan
Transportation System Plan
Amendment to add reference
to J turns on US 97 raised
median between Bend and
Redmond; delete language
about disconnecting
Vandevert Road from US 97.
2020-0 13
08-26-20/ 1 1 /24/20
23.01.01, 5.8
Comprehensive Plan Text
And Map Designation for
Certain Properties from
Surface Mine (SM) and
Agriculture (AG) To Rural
Residential Exception Area
(RREA) and Remove Surface
Mining Site 461 from the
County's Goal 5 Inventory of
Significant Mineral and
Aggregate Resource Sites.
2021-002
01-27-21/04-27-21
23.01.0 I
Comprehensive Plan Map
Designation for Certain
Property from Agriculture
(AG) To Rural Industrial (RI)
7
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-001
2021-005
06- 1 6-21 /06-16-21
23.01.01, 4.2
Comprehensive Plan Map
Amendment Designation for
Certain Property from
Agriculture (AG) To
Redmond Urban Growth
Area (RUGA) and text
amendment
2021-008
06-30-21/09-28-21
23.01.01
Comprehensive Plan Map
Amendment Designation for
Certain Property Adding
Redmond Urban Growth
Area (RUGA) and Fixing
Scrivener's Error in Ord.
2020-022
2022-00 I
04-13-22/07-12-22
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
2022-003
04-20-22/07-19-22
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
2022-006
06-22-22/08-19-22
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Rural
Residential Exception Area
(RREA) to Bend Urban
Growth Area
2022-010
07-27-22/ I 0-25-22
23.01.010
Comprehensive Plan Map
Designation for Certain
Property from Agriculture
(AG) To Rural Industrial (RI)
2023-001
XX-XX-23/XX-
23.01.010, 5.9
Housekeeping Amendments
correcting the location for the
Lynch and Roberts Store
XX-23
Advertisement, a designated
Cultural and Historic
Resource
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20I I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT U, ORD. 2023-001
8
v'c ES
Exhibit V - Ordinance 2023-001
CO MUNITY DEVELO MENT
FINDINGS
HOUSEKEEPING TEXT AMENDMENTS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BACKGROUND:
The Planning Division regularly amends Deschutes County Code (DCC) and the Comprehensive Plan
to correct minor errors identified by staff, other County departments, and the public. This process,
commonly referred to as housekeeping, also incorporates updates from rulemaking at the state
level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules
(OAR), and allows for less substantive code changes to continue efficient County operations.
The last time Deschutes County adopted housekeeping amendments occurred in December 2021
and January 2022.1
III. BASIC FINDINGS:
The Planning Division determined minor changes were necessary to clarify existing standards and
procedural requirements, include less substantive code alterations, incorporate changes to state
and federal law, and correct errors found in various sections of the Deschutes County Code (DCC).
Staff initiated the proposed changes and notified the Oregon Department of Land Conservation and
Development on December 2, 2022 (File no. 247-22-000922-TA). As demonstrated in the findings
below, the amendments remain consistent with Deschutes County Code, the Deschutes County
Comprehensive Plan, and the Statewide Planning Goals.
IV. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
1 Ordinances 2021-013 and 2021-014.
117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
t' (541) 388-6575 @ cdd@deschutes .org ; www.deschutes.org/cd
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission (Commission) on January 26, 2023 and a public hearing was held
before the Board of County Commissioners (Board) on February 15, 2023.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion is met as notice was published in The Bulletin newspaper on January 8, 2023
for the Commission public hearing and on February 4, 2023 for the Board public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
EXHIBIT V - Ordinance No. 2023-001 Page 2 of 9
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order:
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: This criterion is met as the Commission held a public hearing on January 26, 2023. The
Board held a public hearing on February 15, 2023.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-22-000922-TA will be
implemented by ordinances upon approval and adoption by the Board.
V. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the referenced ordinance with additional text
identified by underline and deleted text by strikethrough. Below are summary explanations of the
proposed changes.
Title 17, Subdivisions:
Chapter 17.24. FINAL PLAT
Section 17.24.060. Required Information - (See Exhibit A)
DCC 17.24.060(R)(3) states a signature line for the "County Environmental Health Director, unless
the property is to be connected to a municipal sewer system" signifying their approval must be
included on all subdivision or partition plats. However, in practice the actual review standard for
final plats related to wastewater management is reviewed by the supervisor for the Deschutes
County Environmental Soils Division. The proposed changes reflect the contemporary review
and signature standards.
EXHIBIT V - Ordinance No. 2023-001 Page 3 of 9
Title 18, County Zoning:
Chapter 18.04. TITLE, PURPOSE, AND DEFINITION - (See Exhibit B)
Section 18.04.030. Definitions
A previous set of housekeeping amendments' altered several terms related to solid waste
disposal/recovery including "land disposal site," "disposal site," and "solid waste," among others.
These alterations were undertaken to align County definitions with ORS 459 which sets specific
definitions for "disposal site" and "land disposal site." To maintain consistency throughout the
Deschutes County Code, several terms related to solid waste disposal/recovery are being
amended to align with the ORS definitions of "disposal site" and "land disposal site." Amended
terms include: "Community service use," "Public Use," and "Utility facility." In each of these cases,
references to "landfills" or "sanitary landfills" are being replaced with the ORS derived term "land
disposal sites."
Chapter 18.16. EXCLUSIVE FARM USE ZONES - (See Exhibit C)
Section 18.16.070. Yards
A previous set of housekeeping amendments' appears to have erroneously removed section
18.16.070(D), which contains language regarding setbacks from the north lot line as identified in
section 18.116.180, otherwise known as solar setbacks. The drafter of the previous amendments
appears to have added what would have been the new section 1 8. 1 66.070(E), while
unintentionally bracketing section 18.16.070(D) for deletion as is done in the rest of the
ordinance. Staff notes that an internal copy of the County Code used for administrative purposes
contains the following note:
Ord. 94-008 §16, 1994 NOTE: This ordinance inadvertently dropped the previous Section D in
adding a new section E.
Staff understands the removal of the solar setback standards for DCC 18.16.070 was not the
legislative intent of the Board of County Commissioners and further notes that the current
pattern of practice for development within the Exclusive Farm Use Zone continues to
acknowledge solar setback standards. The current amendment clarifies the legislative history
for this chapter and continues to acknowledge that within the Exclusive Farm Use Zone setbacks
from the north lot line shall meet the solar setback requirements in Section 18.116.180.
2 Ordinance 2020-007
3 Ordinance 94-008
EXHIBIT V - Ordinance No. 2023-001 Page 4 of 9
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE; MUA - (See Exhibit D)
Section 18.32.030. Conditional Uses Permitted
DCC 18.32.030(Q) references "Landfills when a written tentative approval by the Department of
Environmental Quality (DEQ) of the site is submitted with the conditional use application." To
align with the amended definitions in DCC 18.04.030 and general conformance with the
standards of ORS 459, this section is being altered to state "A disposal site which includes a land
disposal site for which the Department of Environmental Quality has granted a permit under
ORS 459.245, together with equipment, facilities or buildings necessary for its operation."
Chapter 18.36. FOREST USE ZONE; F-1 - (See Exhibit E)
Section 18.36.020. Uses Permitted Outright
DCC 18.36.020(C) references "Physical alterations to the land auxiliary to forest practices
including, but not limited to, those made for purposes of exploration, mining, commercial gravel
extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities,
subject to the Forest Practices Act (ORS Chapter 527) and Goal 4). Gravel extraction and
processing not covered by DCC 18.36.020 is governed by DCC 18.52."To align with the amended
definitions in DCC 18.04.030 and general conformance with the standards of ORS 459, the
reference to "landfills" is being replaced by a reference to "land disposal sites."
Chapter 18.40. FOREST USE ZONE; F-2 - (See Exhibit F)
Section 18.40.020. Uses Permitted Outright
DCC 18.40.020(C) references "Physical alterations to the land auxiliary to forest practices
including, but not limited to, those made for purposes of exploration, mining, commercial gravel
extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities,
subject to the Forest Practices Act (ORS Chapter 527) and Goal 4). Gravel extraction and
processing not covered by DCC 18.40.020 is governed by DCC 18.52." To align with the amended
definitions in DCC 18.04.030 and general conformance with the standards of ORS 459, the
reference to "landfills" is being replaced by a reference to "land disposal sites."
Chapter 18.48. OPEN SPACE AND CONSERVATION ZONE; OS AND C - (See Exhibit G)
Section 18.48.030. Conditional Uses Permitted
DCC 18.48.030(C) references "Utility facility except landfills." To align with the amended
definitions in DCC 18.04.030 and general conformance with the standards of ORS 459, the
reference to "landfills" is being replaced by a reference to "land disposal sites."
EXHIBIT V - Ordinance No. 2023-001 Page 5 of 9
Chapter 18.60. RURAL RESIDENTIAL ZONE; RR-10 - (See Exhibit H)
Section 18.60.030. Conditional Uses Permitted
DCC 18.60.030(H) references "Landfills when a written tentative approval by the Department of
Environmental Quality (DEQ) of the site is submitted with the conditional use application." To
align with the amended definitions in DCC 18.04.030 and general conformance with the
standards of ORS 459, this section is being altered to state "A disposal site which includes a land
disposal site for which the Department of Environmental Quality has granted a permit under
ORS 459.245, together with equipment, facilities or buildings necessary for its operation."
Chapter 18.61. URBAN UNICORPORATED COMMUNITY ZONE; LA PINE - (See Exhibit 1)
Section 18.61.030. La Pine Planning Area
Section 18.61.040. Wickiup Junction Planning Area
DCC 18.61.030(A)(2)(c), 18.61.030(B)(3)(h), and 18.61.040(C)(10) all contain references to "Utility
facility, except landfill." To align with the amended definitions in DCC 18.04.030 and general
conformance with the standards of ORS 459, the references to "landfill" are being replaced by
references to "land disposal sites."
Chapter 18.65. RURAL SERVICE CENTER; UNINCOPORATED COMMUNITY ZONE - (See ExhibitJ)
Section 18.65.023. RSC; Open Space District
DCC 18.65.023(6)(4) references "Utility facility except landfills." To align with the amended
definitions in DCC 18.04.030 and general conformance with the standards of ORS 459, the
reference to "landfills" is being replaced by a reference to "land disposal sites."
Chapter 18.76. AIRPORT DEVELOPMENT ZONE; A-D - (See Exhibit K)
Section 18.76.040. Conditional Uses
DCC 18.76.040(B) references "Utility facility necessary for public service except landfills." To
align with the amended definitions in DCC 18.04.030 and general conformance with the
standards of ORS 459, the reference to "landfills" is being replaced by a reference to "land
disposal sites."
Chapter 18.80. AIRPORT SAFETY COMBINING ZONE; A-S - (See Exhibit L)
Section 18.80.026. Notice Of Land Use And Permit Applications
DCC 18.80.026(B)(4)(c) and 18.80 Table 1 - Land Use Compatibility contain references to "sanitary
landfills." To align with the amended definitions in DCC 18.04.030 and general conformance with
EXHIBIT V - Ordinance No. 2023-001 Page 6 of 9
the standards of ORS 459, the references to "sanitary landfills" is being replaced by references
to "land disposal sites."
Chapter 18.96. FLOOD PLAIN ZONE; FP - (See Exhibit M)
Section 18.96.040. Conditional Uses Permitted
DCC 18.96.040(A) references "A roadway, bridge or utility structure, except a landfill, that will not
impede the waters of a base flood subject to DCC 18.128." To align with the amended definitions
in DCC 18.04.030 and general conformance with the standards of ORS 459, the reference to
"landfill" is being replaced by a reference to "land disposal site."
Chapter 18.100. RURAL INDUSTRIAL ZONE; R-I - (See Exhibit N)
Section 18.100.020. Conditional Uses
DCC 18.100.020(L) references "Public Landfill Disposal Site Transfer Station, including recycling
and other related activities." To align with the amended definitions in DCC 18.04.030 and general
conformance with the standards of ORS 459, the reference to "Landfill" is being replaced by a
reference to "Land Disposal Site."
Chapter 18.108. URBAN UNINCOPORATED COMMUNITY ZONE; SUNRIVER - (See Exhibit 0)
Section 18.108.160. Airport District; A District
Section 18.108.180. Forest District; F District
DCC 18.108.160(B)(2) and 18.108.180(A)(3) reference "landfills." To align with the amended
definitions in DCC 18.04.030 and general conformance with the standards of ORS 459, the
reference to "landfills" is being replaced by references to "land disposal sites."
Chapter 18.116. SUPPLEMENTARY PROVISIONS - (See Exhibit P)
Section 18.116.080. Manufactured Home Or RV As A Temporary Residence On An
Individual Lot
Section 18.116.090. A Manufactured Home Or Recreational Vehicle As A Temporary
Residence For Medical Condition
Section 18.116.095. Recreational Vehicle As A Temporary Residence On An Individual Lot
In conformance with House Bill 2809 and ORS 197.493, the amendment notes that a state agency
or local government is prohibited from disallowing the use of a recreational vehicle as a residential
dwelling on a lot with a manufactured or single-family dwelling damaged by natural disasters until
no later than the date the dwelling has received an occupancy permit, the local government
EXHIBIT V - Ordinance No. 2023-001 Page 7 of 9
determines the owner is unreasonably delaying repairs, or 24 months after the dwelling was
deemed uninhabitable. The proposed amendments add a new subsection, DCC 18.116.095(C),
outlining the standards of House Bill 2809 and ORS 197.493. Additional edits remove inconsistent
or conflicting language from other sections of DCC 18.116 dealing with recreational vehicles being
utilized for residential dwellings.
Chapter 18.124. SITE PLAN REVIEW - (See Exhibit Q)
Section 18.124.030. Approval Required
DCC 18.124.030(6)(5) references "landfills." To align with the amended definitions in DCC 18.04.030
and general conformance with the standards of ORS 459, the reference to "landfills" is being
replaced by a reference to "land disposal sites."
Title 22, DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE:
Chapter 22.04. INTRODUCTION AND DEFINITIONS - (See Exhibit R)
Section 22.04.040. Verifying Lots Of Record
In conformance with House Bill 2884 and ORS 92.176, the amendment notes that a unit of land
becomes a lawfully established parcel when the county or city validates the unit of land, and the
owner records the partition plat within 365 days. The amendment alters DCC 22.04.040(B)(2)(b) to
extend the time for a property owner to record the partition plat from 90 to 365 days and adds a
new subsection, DCC 22.04.040(B)(2)(f), which allows all existing validated permits to become
lawfully established parcels if recorded by December 31, 2022.
DESCHUTES COUNTY COMPREHENSIVE PLAN:
Chapter 5. SUPPLEMENTAL SECTIONS - (See Exhibit S)
Section 5.9 Goal 5 Inventory - Cultural and Historic Resources
One of the identified Cultural and Historic Resource sites in the Deschutes County Goal 5
inventory, the Lynch and Roberts Store Advertisement, is currently identified as being located on
the incorrect taxlot. The proposed amendments alter the designated Goal 5 resource list to
identify the correct site for the Lynch and Roberts Store Advertisement. The correct site for the
Lynch and Roberts Store Advertisement is Deschutes County Map 14-12-00, Taxlot 1505.
EXHIBIT V - Ordinance No. 2023-001 Page 8 of 9
VI. CONCLUSION:
Based on the information provided herein, the staff recommends the Board of County
Commissioners approve the proposed text amendments that make minor changes necessary to
clarify existing standards and procedural requirements, incorporate changes to state and federal
law, and to correct errors in the Deschutes County Code.
EXHIBIT V - Ordinance No. 2023-001 Page 9 of 9
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Public Hearing: Amateur/HAM Radio Facility Amendments
RECOMMENDED MOTION:
Hold a public hearing to gather testimony on draft amendments to streamline and clarify
the review process for Amateur (HAM) Radio facilities.
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct a public hearing on February 15, 2023, concerning legislative
amendments to streamline and clarify the review process for Amateur (HAM) Radio
facilities (file no. 247-22-000912-TA). The full record is available at the project website:
https://www.deschutes.org/cd/page/247-22-000912-ta-amateur-ham-radio-text-
amendments
BUDGET IMPACTS:
None
ATTENDANCE:
Nicole Mardell, Senior Planner
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of County Commissioners ("Board")
FROM: Nicole Mardell, AICP, Senior Planner
DATE: February 8, 2023
SUBJECT: Public Hearing - Amateur/HAM Radio Facility Amendments
The Board of County Commissioners (Board) will hold a public hearing on February 15, 2023,
during its regularly scheduled meeting at the Deschutes Services Center, 1300 Wall Street,
Barnes and Sawyer rooms, concerning amendments relating to amateur radio facilities.
Staff submitted a 35-day Post Acknowledgement Plan Amendment (PAPA) notice to the
Department of Land Conservation and Development (DLCD) on November 28, 2022. Staff
presented the proposed amendments to the Planning Commission at a work session on
December 8, 20221. The initial public hearing was held on January 12, 20232, at which time
the Planning Commission closed the oral and written record. The Planning Commission then
deliberated on January 24, 2023, and recommended approval of the proposed amendments
as drafted by staff. Staff presented the proposed amendments to the Board at a work session
on February 13, 2023.
The record, which contains all memoranda, notices, and project materials is available for
inspection on the project website:
https://www.deschutes.org/cd/page/247-22-000912-ta-amateur-ham-radio-text-
amendments
Attached to this memorandum are the proposed text amendments and findings. Within the
proposed amendments, added language is shown underlines and deleted language is shown
as strikethrough.
1 https://www.deschutes.org/bc-pc/page/planning-commission-23
2 https://www.deschutes.org/bc-pc/page/planning-commission-31
1. BACKGROUND
In 2008, the Deschutes County Board of County Commissioners adopted Ordinance 2008-
007, establishing regulations for amateur radio facilities. The Board opted to apply the same
regulations for any facility regardless of height and opted to except these facilities from the
height limitations of the underlying zoning district.
In 2021 during the Community Development Department's annual work plan input process,
the Board of County Commissioners and the County's Planning Division received testimony
from a HAM/amateur radio operator expressing concern regarding the onerous
requirements to establish smaller scale amateur radio facilities (under 70 feet), including a
requirement to provide written demonstrations of compliance from Federal Aviation
Administration (FAA), Oregon Department of Aviation (ODAV), and Federal Communications
Commission (FCC). Due to the scope of review authority, operators often found that these
agencies were not able to provide written determinations for small-scale facilities outside of
airport and airport overlay zones, which led to a conflict with the County's code provisions.
Operators were instead seeking a pathway to simplify establishment of facilities under 70
feet, while still maintaining regulations for larger scale facilities that may have significant
aesthetic impacts to surrounding properties and require written compliance from FAA, ODA,
and FCC.
Staff also notes that ORS 221.295 limits restrictions on amateur radio facilities that are 70
feet or lower to those that are clearly linked to health, safety, or aesthetic objective. This
results from FCC ruling in PRB-1 (codified in 47 CFR Part 97). Therefore, the County has
limited authority to apply unnecessary regulations to amateur radio facilities outside of
those directly addressing a health, safety, or aesthetic issue.
II. PROPOSAL
In coordination with the Deschutes County Building Division, Oregon Department of
Aviation, and HAM radio operators, staff has drafted the revisions to DCC section 18.116.290
in Attachment 1. In summary, the amendments provide the following revisions:
• General cleanup of language and organization
• Cross-references requirement from 18.120.040(A)(1) that limits height to 30 feet in
Airport Safety (AS), Airport Development (AD), and Landscape Management (LM) zones
for clarity.
• Added two tiers of regulations based on height:
o For facilities under 70 feet
■ Streamline review process - allowed as outright permitted accessory use
Page 2 of 3
■ No formal determination of written compliance from FAA, ODAV, FCC
■ Maintains aesthetic and setback requirements
o For facilities between 70 and 200 feet
■ Explicitly requires land use review
■ Maintains requirement for coordination with FAA, ODAV, FCC
■ Maintains aesthetic and setback requirements
The applicant, in this case Deschutes County Community Development, has provided
findings as an attachment which summarizes the amendments and demonstrates
compliance with the Statewide Planning Goals, and applicable policies of the Deschutes
County Comprehensive Plan.
III. PLANNING COMMISSION REVIEW
The Planning Commission held a work session on this item on December 8, 2022, followed
by a public hearing on January 12, 2023. No written comments were received, and two parties
testified during the hearing. One party expressed support for the amendments with general
questions regarding height limitations in the Airport Safety and Airport Development Zones.
Another party expressed opposition to the amendments, noting concern regarding the
impact of facilities on view corridors and view sheds and questions regarding applicability of
building permit review.
The Planning Commission closed the oral and written portions of the hearing on january 12,
2023' and voted to unanimously to recommend approval of the proposed amendments at
their subsequent meeting on january 24, 2023'.
IV. NEXT STEPS
At the conclusion of the public hearing, the Board may:
• Continue the hearing to a date certain;
• Close the hearing and leave the written record open to a date certain; or
• Close the hearing and commence deliberations.
Attachments:
1. Proposed Text Amendments - DCC Chapter 18.116.290
2. Proposed Findings
3. Draft Ordinance 2023-004
https://www.deschutes.org/bc-pc/page/planning-commission-31
4 https://www.deschutes.org/bc-pc/page/planning-commission-32
Page 3 of 3
Attachment 1: Proposed Text Amendments
Removed
New
18.116.290 Amateur Radio Facilities
A. Amateur radio facilities shall meet the following criteria:
1. Antenna support structures, including guy wires and anchors shall be located outside of the
required front, rear and side yard setbacks;
2. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in
color;
3. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or
otherwise, other than required unlighted signage for safety or regulatory purposes;
4. The property owner shall obtain a valid building permit if required from the Deschutes County
Community Development Department, Building Safety Division.
5. If located in AS, AD, or LM zones, height of towers is limited to 30 feet per 18.120.040.
B. Amateur radio facilities up to 70 feet in height are allowed outright in any zone as an accessory use
if the provisions of subsection (A) and (B)(1) are otherwise met.
1. FCC License. The property owner shall obtain a current, valid FCC Amateur Radio License for the
operation of amateur ("Ham") radio services in the name of the property owner.
C. Amateur radio facilities over 70 feet in height, up to 200 feet maximum height, are subject to the
requirements under subsection (A) and (C)(1)(2), and any conditions of land use approval.
5,1. Compliance with Federal and State Regulations
a. The property owner shall demonstrate compliance with applicable Federal Communications
Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of
Aviation (ODA) restrictions if applicable-
b- Compliance may be demonstrated by submitting copies of the FCC's, FAA's, and ODAV's
written determination to the Deschutes County Community Development Department
Bull g +„ �,,,,�ion at ti c of ppli Lion f, Building per d-
6-2. FCC License
a. The property owner shall provide documentation of a current, valid FCC Amateur Radio
License for the operation of amateur ("Ham") radio services in the name of property owner.
b. Compliance may be demonstrated by submitting a copy of the property owner's Amateur
Radio License to the Deschutes County Community Development Department, Building
Safety Division at time of application for a building permit.
(Ord. 2022-xx, Ord. 2008-007 §2, 2008)
Attachment 1:Proposed Text Amendments (Updated 2.13.23)
Kcmovcd
New
18.11629UAmateur Radio Facilities
A. Amateur radio facilities shall meet the following criteria:
1. Antenna support structures, including guy wires and anchors shall be located outside of the
required front, rear and side yard setbacks;
2. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in
color;
3. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or
otherwise, other than required unlighted signage for safety or regulatory purposes;
4. The property owner shall obtain a valid building permit if required from the Deschutes County
Community Development Department, Building Safety Division.
5i The heipht of amateur radio facilities eunder|ying zoning
district in accordance with B and C below, unless located zones J��
fi Arnateur radio facilities allowed outright in any_��pe as an accessory use
J'the prqvisions of subsise--rnet.
1= pertv owner shall obtain a current, valid FCC Arnateur Radio Licensefor the
����[�t��� j-��|k������ce�klthe/����eof�hep[�l��t������
{� Am,t(-tlr[adiofa f -�����6ie��o1ke
Le_q.gi ements under subsection andk�(1)C2i'�Dd-��yconditions ofland useapprCval'
1' Compliance with Federal and State� Regulations
a. The property owner shall demonstrate compliance with applicable Federal Communications
Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of
Aviation (DDA) restrictions ifaoo|icab|e,
b-. Compliance may be demonstrated by submitting copies of the FCC's, FAA's, and ODAYS
written determination to the Deschutes County Community Development Department...7
Qui|dingSafcty Di isien at time of application fora building permit; and
6—.2-. FCC License
a. The property owner shall provide documentation of a current, valid FCC Amateur Radio
License for the operation of amateur ("Ham") radio services in the name of property owner.
b. Compliance may be demonstrated by submitting a copy of the property owner's Amateur
Radio License to the Deschutes County Community Development Department., Building
Safety Division at time of application for a building permit.
Ord. 2U08-0X)7§2,3O08>
Attachment 2: Proposed Findings 247-22-000912-TA
FINDINGS
I. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The
primary purpose of the amendments is to streamline the review process for certain Amateur Radio
(HAM Radio) facilities.
Section 18.116.290, the code section regulating Amateur Radio Facilities, currently contains unclear
language regarding the type of land use review application needed and requires written statements
of compliance from Oregon Department of Aviation (ODAV), Federal Communications Commission
(FCC), and Federal Aviation Administration (FAA), which are often difficult to acquire for smaller
facilities.
Staff is proposing the following revisions to clarify the land use process and requirements for these
facilities:
• General cleanup of language and organization
• Cross-references requirement from 18.120.040(A)(1) that limits height to 30 feet in Airport
Safety (AS), Airport Development (AD), and Landscape Management (LM) zones for clarity.
• Added two tiers of regulations for rs based or r height
rt.
o For facilities under 70 feet
■ Streamline review process - allowed as outright permitted accessory use
■ No formal determination of written compliance from FAA, ODAV, FCC
■ Maintains aesthetic and setback requirements
o For facilities between 70 and 200 feet
■ Explicitly requires land use review
■ Maintains requirement for coordination with FAA, ODAV, FCC
■ Maintains aesthetic and setback requirements
II. BACKGROUND
In 2008, the Deschutes County Board of County Commissioners adopted Ordinance 2008-007,
establishing regulations for amateur radio facilities. The Board opted to apply the same regulations
for any facility regardless of height and opted to except these facilities from the height limitations
of the underlying zoning district'.
In 2021 during the Community Development Department's annual work plan development, the
Board of County Commissioners and the County's Planning Division received testimony from
HAM/amateur radio operators expressing concern regarding the onerous requirements to establish
1 DCC 18.120.040(A)(1) Building Height Exceptions
Page 1 of 6 - EXHIBIT X TO ORDINANCE NO. 2022-xxx
smaller scale amateur radio facilities (under 70 feet), including a requirement to provide written
demonstrations of compliance from FAA, ODAV, and FCC. Due to the scope of review authority,
operators often found that these agencies were not able to provide written determinations of small-
scale facilities outside of airport and airport overlay zones, which led to a conflict with the County's
code provisions.
Operators were instead seeking a pathway to simplify establishment of facilities under 70 feet, while
still maintaining regulations for larger scale facilities that may have aesthetic impacts to surrounding
properties.
Staff also notes that ORS 221.295 limits restrictions on amateur radio facilities that are 70 feet or
lower to those that are clearly linked to a health, safety, or aesthetic objective. This results from FCC
ruling in PRB-1 (codified in 47 CFR Part 97). Therefore, the County has limited authority to apply
unnecessary regulations to amateur radio facilities outside of those directly addressing a health,
safety, or aesthetic issue.
III. REVIEW CRITERIA
Deschutes County Tacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating the amendment, the County bears
the responsibility for justifying that the amendments are consistent with Statewide Planning Goals
and its existing Comprehensive Plan.
IV. FINDINGS
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission on January 12, 2023 and Board of County Commissioners on
February 15, 2023.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement
describing the general subject matter of the ordinance under consideration.
Page 2 of 6 - EXHIBIT X TO ORDINANCE NO. 2022-xxx
FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the
Planning Commission public hearing on December 27, 2022, and the Board of County
Commissioners' public hearing on February 15, 2023.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion is met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board of County Commissioners, and has received a fee waiver. This criterion is met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order:
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The Deschutes County Planning Commission held the initial public hearing on January
12, 2023. The Board then held a public hearing on February 15, 2023. These criteria are met.
Section 22.12.050 Final Decision
Page 3 of 6 - EXHIBIT X TO ORDINANCE NO. 2022-xxx
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes will be implemented by Ordinance No. [number TBD]
upon approval and adoption by the Board of County Commissioners. This criterion will be met.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose any changes to the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for each
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 November 28, 2022 The Planning Commission held a
public hearing on January 12, 2023 and the Board of County Commissioners held a public hearing
on February 15, 2023. This Findings document provides the adequate factual basis for the
amendments.
Goal 3: Agricultural Lands: The proposed amendments are to clarify existing requirements for
amateur radio facilities. Staff is streamlining requirements for facilities under 70 feet while
maintaining the current requirements for facilities over 70 feet up to 200 feet. As noted above, ORS
221.295 ii__ itS a local
U(ai government's authority to regulate towers outside of concerns related to
health, safety, or aesthetics. Adverse impacts to farming practices are not anticipated under these
amendments and no such impacts have been identified in the record. Oregon Revised Statute and
Rule do not contain specific requirements for amateur/HAM radio facilities under 200 feet in
exclusive farm use zones. The amendments are consistent with Goal 3.
Goal 4: Forest Lands: The proposed amendments are to clarify existing requirements for amateur
radio facilities. Staff is streamlining requirements for facilities under 70 feet while maintaining the
current requirements for facilities over 70 feet up to 200 feet. As noted above, ORS 221.295 limits a
local government's authority to regulate towers outside of concerns related to health, safety, or
aesthetics. Adverse impacts to forestry practices are not anticipated under these amendments and
no such impacts have been identified in the record. Oregon Revised Statute and Rule do not contain
specific requirements for amateur/HAM radio facilities under 200 feet in forest zones. The
amendments are consistent with Goal 4.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 is to protect natural
resources and conserve scenic and historical areas and open spaces. OAR 660-023-0250(3) states
that local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA
affects a Goal 5 resource. The proposed amendment is not seeking to change any requirements in
the Wildlife Area overlay zone which protects inventoried wildlife resources. The height exemption
currently in 18.120.040(A)(1) does not allow for a facility over 30 feet in the County's Landscape
Page 4 of 6 - EXHIBIT X TO ORDINANCE NO. 2022-xxx
Management Overlay Zone. This zone protects scenic resources through additional aesthetic
requirements. The code provision will remain unchanged. Staff finds that the amendments are
consistent with Goal 5.
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, they
comply.
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 comply. Additionally, amateur radio facilities and operators may be of use
during times of emergency response and loss of standard means of communication.
Goal 8: Recreational Needs: The text amendments do not propose to change the County's Plan or
implementing regulations regarding recreational needs; therefore, they are in compliance.
Goal 9: Economic Development: Goal 9 and its implementing regulations focus on economic analysis
and economic development planning required in urban Comprehensive Plans to ensure there is
adequate land available to realize economic growth and development opportunities. The proposed
amendments apply to rural lands and do not propose to amend the Comprehensive Plan.
Compliance is met.
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: Goal 12 is to provide and encourage a safe, convenient and economic
transportation system. The proposed text amendments will not change the functional classification
of any existing or planned transportation facility or standards implementing a functional
classification system. Compliance with Goal 14 is met.
Goal 13: Energy Conservation: The proposed text amendments do not propose to change the
County's Plan or implementing regulations regarding energy conservation. Therefore, compliance
with Goal 13 is established.
Goal 14: Urbanization: The proposed text amendments do not propose to change the County's Plan
or implementing regulations regarding urbanization. Therefore, compliance with Goal 14 is
established.
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
Page 5 of 6 - EXHIBIT X TO ORDINANCE NO. 2022-xxx
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 will be discussed at work sessions with the Board of County Commissioners, as well as
to the Planning Commission, which is the County's official committee for public involvement. Both
will conduct separate public hearings.
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.
Page 6 of 6 - EXHIBIT X TO ORDINANCE NO. 2022-xxx
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Chapter 18.116.290, to Streamline
Establishment of Amateur Radio Facilities.
ORDINANCE NO. 2023-004
WHEREAS, the Board of County Commissioners directed Deschutes County Community Development
Department staff to initiate amendments (Planning Division File No. 247-22-000912-TA) to Deschutes County
Code Title 18, Chapter 116.290, Amateur Radio Facilities; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed amendments on January
13 and January 26, 2023 and forwarded to the Deschutes County Board of County Commissioners ("Board") a
unanimous recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on February 15, 2023
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. Chapter 18.116.290, Amateur Radio Facilities, is amended to read as
described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in strikethrough.
///
PAGE 1 OF 2 - ORDINANCE NO. 2023-004
Section 2. FINDINGS. The Board adopts as its findings, Exhibit "B" attached and incorporated by
reference herein.
Dated this of , 2023 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice Chair
ATTEST:
Recording Secretary PHILIP CHANG
Date of 1st Reading: day of , 2023.
Date of 2nd Reading: day of 2023.
Commissioner
AnthonyDeBone
Patti Adair
Philip Chang
Record of Adoption Vote:
Yes No Abstained Excused
Effective date: day of , 2023.
PAGE 2 OF 2 - ORDINANCE NO. 2023-004
'TES
0
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Camping Feasibility Study Proposals
BACKGROUND AND POLICY IMPLICATIONS:
The County issued a Request for Proposal (RFP) for a qualified consultant to perform a
Camping Feasibility Study for development of private or public RV parks and campgrounds,
along with support amenities and infrastructure.
On January 30, the Board reviewed the proposals and scoring sheets and agreed to
interview the firms which submitted the top three proposals. On February 1, the Board
narrowed the focus of the study to three properties: Thompson Road, Drafter Road (La
Pine), and Crooked River Ranch.
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Board on February 15. Each firm will spend 15-20 minutes presenting its proposal and be
available to answer questions for an additional 20-25 minutes.
ECONorthwest has been invited to go before the Board at approximately 1:00 pm.
CHMGS has been invited to go before the Board at approximately 1:45 pm.
Cranes has been invited to go before the Board at approximately 2:30 pm.
Staff seeks next steps from the Board that could include:
1. Staff can return at a later date if the Board is not prepared to make a decision on
February 15.
2. The Board can make an award based on the evaluation committee's scores and the
presentations and interviews.
BUDGET IMPACTS:
The cost to implement the RFP has not been included in the current budget. Proposals
range from $65,000 to $311,300.
ATTENDANCE:
Jen Patterson, Strategic Initiatives Manager
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: February 15, 2023
SUBJECT: Certified Local Government (CLG) Grant Application - Permission to Proceed
RECOMMENDED MOTION:
Move to authorize staff to apply for a 2023-2024 Certified Local Government grant in the
amount of $5,500.
BACKGROUND AND POLICY IMPLICATIONS:
The attached memorandum provides an overview of the Certified Local Government (CLG)
program and requests support to apply for a 2023-2024 CLG grant in the amount of $5,500.
The grant application deadline is February 24, 2023. If approved by the State Historic
Preservation Office (SHPO), grant funds will be distributed in April. All CLG funded projects
mustbe completed by August u ict 31 ')02
.JC completed by U.ugu,L � 1,
BUDGET IMPACTS:
Staff anticipates a $5,500 grant request, with a 1:1 match to be provided largely by in -kind
staff time.
ATTENDANCE:
Tanya Saltzman, Senior Planner
COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: February 8, 2023
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
RE: Certified Local Government Grant Application - Permission to Proceed
REQUEST
This memorandum provides an overview of the Certified Local Government (CLG) program and
requests support to apply for a 2023-2024 CLG grant in the amount of $5,500.1 The grant application
deadline is February 24, 2023. If approved by the State Historic Preservation Office (SHPO), grant
funds will be distributed in April. All CLG funded projects must be completed by August 31, 2024.
OVERVIEW
Every twenty-four months, SHPO offers matching grants to jurisdictions that have been "certified"
as historic preservation partners with both state and federal governments. Since 1986 Deschutes
County has been a CLG and is therefore eligible for grant funding. Over several grant cycles, our
historic preservation program identified historic resources, offset costs associated with staffing the
Historic Landmarks Commission (HLC), educated the public, and preserved historic structures.
The CLG grant is non-competitive, which assures that all CLGs throughout the state benefit.
Maximum awards will be in the range of $13,500 - $15,000 for each 17-month grant, with the County
providing a 1:1 match. State and federal requirements regulate the CLG grant, including project
budget, timeline, inspections and audits, reports, billings, and consultant standards. As mentioned
above, Deschutes County has been a recipient of CLG funds for decades. CDD staff relies on the
professional input and direction of the HLC, an appointed body that provides technical expertise on
historic and cultural resource issues for the rural county and the City of Sisters.
City of Sisters Project
The City of Sisters has historically been an active participant in the CLG grant program, given its
historic resources as a small city and the resulting options for tangible projects that are grant-
1 As prescribed in County Policy GA-20.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 @cdd@deschutes.org www.deschutes.org/cd
eligible. For instance, last grant cycle, Sisters utilized a consultant to create a StoryMap of the city's
historic properties, among other tasks.
When asked to prioritize and identify a potential budget for this year, planning staff from Sisters
indicated that their anticipated capacity allows them to select the following project:
• Downtown Building Hardening Program (to mitigate wildfire concerns) - Hire a Historic
Preservation consultant to come up with an acceptable building materials list that is fire
resistant, yet historically sensitive. $5000 consultant cost. County staff anticipates staff time
to administer this project as well.
Deschutes County Projects
HLC Commissioners indicated support for public education (including mailers to owners of historic
properties), preservation month activities, and commissioner trainings, specifically membership in
the National Alliance of Preservation Commissions for the group, which would provide access to
educational materials such as webinars as well as other resources. Staff notes that the Deschutes
County Historical Society will hold a meeting with regional and local preservation stakeholders on
February 8 to discuss Preservation Month opportunities, but at the time of writing, no specific
activities for Preservation Month or general education have been identified.
Adding to the list of potential projects, a Redmond HLC commissioner recently reached out to
County staff regarding modifying the County's DIAL online property information system to include
historic districts. This could potentially be expanded to the rest of the County and could include not
just districts, but properties or other related designations. Staff notes that there has been similar
discussion in recent County HLC meetings about including more information in DIAL. Planning staff
can work with County IT staff and representatives from Redmond and other jurisdictions to craft an
approach to including historic district information on the website, which would be helpful to citizens
looking to purchase, alter, or research property in Deschutes County.
Staff notes that for many of the types of general activities commissioners have expressed interest
in —many of them coordination or support roles —these might not necessarily lead to concrete
projects that would be appropriate for grant funding, but instead focus on general communication
and outreach already within the purview of the Commission. For this reason, this cycle's grant
request will not be for the full amount offered by SHPO.
Summary of Projects
On February 6, 2023, the HLC identified the following projects that could be completed by August
31, 2024. These projects are a mix of direct costs (such as consultants) and in -kind staff time that
would satisfy the grant's match requirements. Staff anticipates a $5,500 grant request.
• Sisters Building Hardening Program
• County Historic Properties Mailer
• Update to DIAL web platform
• Review and compliance (HLC administration; coordination with other agencies such as
Archeological Society; potential open house as follow up to mailer)
Page 2of3
• Grant administration
• Preservation Month (TBD)
• HLC membership to National Alliance of Preservation Commissions
(https://www.napcommissions.org/)
In addition, the CLG grant can offset staffing the HLC.
If the Board supports pursuing a CLG grant, staff will coordinate with the HLC to finalize the
application by the February 24, 2023 deadline.
Attachment:
Grant Application Request
Page 3 of 3
Grant Application Request
Date:
1. Name of Grant: Certified Local Government (CLG) Grant
2. Deschutes County contact:Tanya Saltzman, Senior Planner
3. Funding Agency:State Historic Preservation Office (SHPO)
4. Grant Amount: $5,500
5. Does the grant require matching funds? jYeso
If yes, how much are the required matching funds and what funds does the department plan to
use for matching funds?
This grant requires a 1:1 match; CDD will provide $5,500 in matching
funds --primarily comprised of staff time --from its long range advance planning fees.
6. Grant duration:April 2023 - August 31, 2024
7. Grant application deadline: February 24, 2023
8. Grant description:This grant provides funds for projects related to historic preservation.
9. Requested budget (please provide additional line item details under the broad categories Listed below):
Amount Requested
Personnel Services
Materials and Services
Capital
Total
please see below
10. If the grant request includes FTEs, please fill out the table below.
Position Title
Limited duration or
regular position?
FTEs
Notes
n/a
11. Other information:
This grant application will offer a number of projects (listed below) to be
performed with grant funds and the match from CDD. These projects are
a mix of direct costs (such as consultants) and in -kind staff time that will
satisfy the grant's match requirements. It is anticipated that the bulk of
the matching funds will be provided through staff time. Projects are as
follows:
• Sisters Building Hardening Program
• County Historic Properties Mailer
• Update to DIAL web platform
• Review and compliance (HLC administration; coordination with other
agencies such as Archeological Society; potential open house as follow up
to mailer)
• Grant administration
• Preservation Month (TBD)
• HLC membership to National Alliance of Preservation Commissions