2023-392-Ordinance No. 2023-027 Recorded 12/18/2023REVIEW
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-392
Steve Dennison, County Clerk
Commissioners' Journal 12/18/2023 3:42:17 PM
2023-392
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Chapter 18.76, Airport Development
("AD") Zone, and Chapter 18.80, Airport Safety
("AS") Combining Zone, to add an Air Traffic
Control Tower as a new permitted use and allow an
Air Traffic Control Tower to be up to 115 feet in
height, and Declaring an Emergency.
* ORDINANCE NO. 2023-027
WHEREAS, the City of Bend ("City") applied under land use file number 247-23-000470-TA to amend
Chapter 18.76 of Title 18, Deschutes County Zoning, to adopt a definition of an Air Traffic Control Tower, allow
a single Air Traffic Control Tower as a use penmitted outright, and allow an Air Traffic Control Tower to be up
to 115 feet in height; and
WHEREAS, the City applied under said land use file to amend Chapter 18.80 of Title 18, Deschutes
County Zoning, to adopt a definition of an Air Traffic Control Tower, clarify the review criteria that apply to an
Air Traffic Control Tower, and allow an Air Traffic Control Tower to be up to 115 feet in height; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
October 2, 2023, before the Deschutes County Hearings Officer, and;
WHEREAS, on November 21, 2023, the Hearings Officer approved the amendments and recommended
the Board adopt an ordinance; and
WHEREAS, pursuant to Deschutes County Code 22.28.030(B), the Board shall, in the absence of an
appeal adopt the Hearings Officer's recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Chapter 18.76, Airport Development Zone, is amended to read as in Exhibit
"A", attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in striae
Section 2. AMENDMENT. Chapter 18.80, Airport Safety Combining Zone, is amended to read as in
Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in trike
PAGE 1 OF 2 - ORDINANCE NO.2023-027
Section 3. FINDINGS. The Board adopts as its findings, Exhibit "C" attached and incorporated by
reference herein.
Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect 30 days following its passage.
Dated this 1 -1 of &C- - , 2023
ATTEST:
C
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
AA`fHONY DE ONE, Chair
rN P r-es
PATTI ADAIR, Vice Chair
PHILIP CHANG
Date of lst Reading: T day of OOC . '2023.
Date of 2" d Reading: 13' ay of _ 2023.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone "Yoe
Patti Adair _
Philip Chang 7° _
Effective date: day of j , 2024.
PAGE 2 OF 2 - ORDINANCE NO.2023-027
Chapter 18.76. AIRPORT DEVELOPMENT ZONE — A-D
18.76.010. Purpose.
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.
18.76.110. Additional Requirements.
18.76.010. Purpose.
The purpose of the Airport Development (AD) Zone is to allow for development compatible with ongoing
airport use consistent with the most recently adopted Deschutes County Year Comprehensive Plan and the
most recently approved Bend Airport Master Plan, while providing for public review of proposed
development likely to have significant impact on surrounding lands. The AD Zone is composed of three
separate zoning districts, each with its own set of allowed uses and distinct regulations, as further set forth in
DCC 18.76.
(Ord. 2020-018 §1, 2020; Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991)
18.76.015. Definitions.
The following definitions apply only to Chapter 18.76.
"Air Traffic Control Tower" means a tenninal facility which, through the use of air/ground communications,
visual signaling, and other devices, provides air traffic control services to airborne aircraft operating in the
vicinity of an airport and to aircraft operating on the airport movement area.
"Customary and usual aviation -related activities" include, but are not limited to, takeoffs, landings, aircraft
hangars, tiedowns, construction and maintenance of airport facilities, fixed -base operator facilities, a
residence for an airport caretaker or security officer, and other activities incidental to the normal operation
of an airport. Residential, connnercial, industrial, manufacturing, and other uses, except as provided in this
rule, are not customary and usual aviation -related activities and may only be authorized pursuant to OAR
660-013-0110.
"Fixed -base operator or FBO" means a commercial business granted the right by the airport sponsor to
operate on an airport and provide aeronautical services such as fueling, hangaring, tie -down and parking,
aircraft rental, aircraft maintenance, flight instruction, etc.
"Hangar" means an airport structure intended for the following uses:
A. Storage of active aircraft.
B. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of non-
operational aircraft.
C. Construction of amateur -built or kit -built aircraft
Chapter 18.76
EXHIBIT A TO ORDINANCE NO. 2023-027
D. Storage of aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and tools and
materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses
that do not affect the hangars' primary use.
E. Storage of materials related to an aeronautical activity, e.g., balloon and skydiving equipment, office
equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the
hangars' primary use; storage of non -aeronautical items that do not interfere with the primary
aeronautical purpose of the hangar (for example, televisions, furniture).
F. A vehicle parked at the hangar while the aircraft usually stored in that hangar is flying, subject to local
airport rules and regulations.
G. A hangar may include restrooms, pilot lounge, offices, briefing rooms, and crew quarters.
(Ord. 2023-027 §1, 2023; Ord. 2020-018 §1, 2020)
18.76.020. Standards in All Districts.
A. Approval Required. Any use in an AOD, ASD, or ARID District shall be subject to DCC 18.124.
1. Hangars not associated with a commercial or industrial use are exempt from DCC 18.124,
2. Airfield improvements including but not limited to runways, taxiways, taxilanes, aircraft
parking aprons, service roads, navigational aids, and runway and safety facilities required
by the Federal Aviation Administration (FAA) are not subject to County review.
B. Solar Setbacks. The setback from the north lot line shall meet the solar setback requirements of DCC
18.116.180.
C. Building Code Setbacks. 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 Deschutes County under
DCC 15.04 shall be met.
D. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the parking
provisions of DCC 18.116.
E. Outdoor Lighting. All outdoor lighting shall be installed in conformance with DCC 15.10.
F. Excavation, Grading and Fill and Removal. Excavation, grading and fill and removal within the bed
and banks of a stream or river or in a wetland shall be subject to DCC 18.120.050 and/or DCC
18.128.270.
G. Signs. All signs shall be constructed in accordance with the provisions of DCC 15.08.
H. Notification. Deschutes County shall provide notification of all land use applications in an AD zone to
the airport manager owner's designee in accordance with the provisions of DCC Title 22.
(Ord. 2020-018 § 1, 2020; Ord. 2003-036 §2, 2003)
18.76.030. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright in all of the Airport Districts:
A. Class I and It 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.
B. Class III road or street project.
C. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
D. Farm use as defined in DCC Title 18.
E. Customary and usual aviation -related activities.
F. Hangars are subject to the standards and criteria established by DCC 18.76.105.
G. A single air traffic control tower in the Airport Development Zone, no higher than 115 feet in height.
(Ord. 2023-027 §1, 2023; Ord. 2020-018 §1, 2020; Ord. 2003-036 §2, 2003; Ord. 2001-039 §10, 2001; Ord.
2001-016 §2, 2001; Ord. 93-043 §11, 1993; Ord. 91-020 §1, 1991)
Chapter 18.76
EXHIBIT A TO ORDINANCE NO. 2023-027
18.76.040. Conditional Uses.
The following uses may be allowed in all of the Airport Districts subject to DCC 18.128.
A. Fann accessory buildings and uses, excluding residential uses.
B. Utility facility necessary for public service except landfills.
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.
(Ord. 2003-036 §2, 2003; Ord. 2001-039 §10, 2001; Ord. 2001-016 §2, 2001; Ord. 91-038 §1, 1991)
18.76.050. Use Limitations.
The following limitations and standards shall apply to all permitted uses in the Airport Districts:
A. The height of any plant growth or structure or part of a structure such as chimneys, towers, antennas,
power lines, etc., shall not exceed 35 feet.
B. A single air traffic control tower up to 115 feet in height shall not require a height exception or variance.
13C.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.
ED.All parking demand created by any use permitted by DCC 18.76 shall be accommodated on the subject
premises entirely off-street.
DE. No use permitted by DCC 18.76 shall require the backing of traffic onto a public or private street or
road right of way.
Elf. No power lines shall be located in clear zones.
FG. No use shall be allowed which is likely to attract a large quantity of birds, particularly birds which
normally fly at high altitudes.
(Ord. 2023-027 �1, 2023; Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991)
18.76.060. Dimensional Standards.
The following dimensional standards shall apply in the Airport Districts:
A. The minimum lot size shall be determined subject to the provisions of DCC 18.76 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 ensure resource carrying capacities are not exceeded.
B. 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.
C. The minimum setback between any structure and an arterial or collector right of way shall be 50 feet.
The minimum setback between any structure and all local streets shall be 20 feet.
D. The minimum setback between any structure and a property line adjoining a residential use or lot shall
be 50 feet.
E. The minimum lot frontage shall be 50 feet.
F. 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.
G. The minimum rear setback between any structure and a rear property line shall be 20 feet.
H. The minimum setback from internal airport streets, access roads, and drives shall be 10 feet from the
edge of pavement.
(Ord. 2020-018 § 1, 2020; Ord. 2003-036 §2, 2003; Ord. 94-008 §24, 1994; Ord. 91-020 § 1, 1991)
18.76.070. Airfield Operations District (AOD).
Uses Pennitted Outright. The uses permitted outright are those listed under DCC 18.76.030.
(Ord. 2020-018 § 1, 2020; Ord. 2003-036 §2, 2003)
Chapter 18.76
EXHIBIT A TO ORDINANCE NO. 2023-027
18.76.080. Aviation Support District (ASD).
A. Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030.
B. Conditional Uses Pennitted. The following conditional uses may be pennitted subject to DCC 18.128
and a conditional use permit:
1. Restaurant, which may include a bar or cocktail lounge as an accessory use. One restaurant per
airport. Restaurant, including any accessory use, to be 2,500 square feet or less in size.
2. Airport or aviation -related businesses that benefit from an on -airport location.
(Ord. 2020-018 §1, 2020; Ord. 2004-013 §8, 2004; Ord. 2003-036 §2, 2003)
18.76.090. Aviation -Related Industrial District (ARID).
Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030.
A. Airport or aviation -related commercial or industrial businesses that benefit from an on -airport location.
(Ord. 2020-018 §1, 2020; Ord. 2003-036 §2, 2003)
18.76.100. Design and Use Criteria.
The following dimensional standards shall apply in the Airport Districts:
The Planning Director or Hearings Body shall take into account the impact of any proposed conditional
use within the AD Zone on nearby residential and commercial uses, and on the capacity of transportation
and other public facilities and services. In approving a proposed conditional use, the Planning Director or
Hearings Body shall find that:
A. The proposed use is in compliance with the Comprehensive Plan, including the current version of the
adopted Bend Airport Master Plan.
B. The proposed use is in compliance with the intent and provisions of DCC Title 18.
C. Any adverse social, economical, physical or environmental impacts are minimized.
D. The proposed use is not sensitive to noise of the character anticipated by the current and expected noise
level contours of the airport.
E. The proposed use is compatible with adjacent agricultural and residential uses.
F. There are sufficient public facilities and services to support the proposed use.
G. The location and site design of the proposed facility will not be hazardous to the safety and general
welfare of surrounding properties, and that the location will not unnecessarily restrict existing and future
development of surrounding lands as indicated in the Comprehensive Plan.
H. The use shall make the most effective use reasonably possible of the site topography, existing
landscaping and building placement so as to preserve existing trees and natural features, preserve vistas
and other views from public ways, minimize visibility of parking, loading and storage areas from public
ways and neighboring residential uses, and minimize intrusion into the character of existing
developments and land uses in the immediate vicinity of the proposed use.
(Ord. 2018-006 §9, 2018; Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991)
18.76.105. Hangars.
A. Review Process.
1. Hangars, as defined in section 18.76.015, shall be processed as a development action pursuant to
DCC 22.16 and are not subject to DCC 18.124.
2. Hangars intended to support fixed based operators, flight schools, paint shops, and other
commercial and industrial uses are subject to DCC 18,124.
B. Hangar Approval Criteria.
Chapter 18.76
EXHIBIT A TO ORDINANCE NO. 2023-027
l . The location and height of proposed structures must be clear of FAA protected surfaces including
runway safety area, runway protection zone, runway object free area, taxiway/taxilane object free
area, FAA Part 77 surfaces, FAA TERPS surfaces, and other clear areas identified on the currently
adopted Airport Layout Plan.
2. No above ground utility installations shall be allowed
3. All exterior lighting shall be shielded so that direct light does not project off site pursuant to DCC
15.10.
4. Parking Requirement.
a. Hangars under 10,000 square feet of floor space are not subject to the parking requirement
under DCC 18.116.030(8).
b. Hangars greater than or equal to 10,000 square feet of floor space are subject to the parking
requirement under DCC 18.116.030(8). This required vehicle parking can be accommodated
inside the hangar.
(Ord. 2020-018 §1, 2020)
18.76. 110. Additional Requirements.
As a condition of approval for any conditional use proposed within the AD Zone, the Planning Director or
Hearings Body may require:
A. An increase in required setbacks.
B. Additional off-street parking and loading facilities and building standards.
C. Limitations on signs or lighting, hours of operation, points of ingress and egress and building heights.
D. Additional landscaping, screening and other improvements.
E. Glare -resistant materials in construction or other methods likely to reduce operating hazards.
F. Other conditions considered necessary to achieve compliance and policies of the Comprehensive Plan.
(Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991; Ord. 80-221 §1, 1980)
Chapter 18.76
EXHIBIT A TO ORDINANCE NO. 2023-027
Chapter 18.80 AIRPORT SAFETY COMBINING ZONE - AS
18.80.010. Purpose.
18.80.020. Application of Provisions.
18.80.022. Definitions.oise
18.80.024. Imaginary Surfaces 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.
18.80.074. Wetland Mitigation, Creation, Enhancement and Restoration.
18.80.076. Water Impoundment Notification.
18.80.078. FAA Notification (Form 7460-1).
18.80.010. Purpose.
In any zone that is overlain by an Airport Safety Combining Zone (AS Zone), the requirements and standards
of DCC 18.80.010 shall apply in addition to those specified in the ordinance for the underlying zone. If a
conflict in regulations or standards occurs, the more restrictive provisions shall govern.
The purpose of the AS Zone is to restrict incompatible land uses and airspace obstructions around airports
in an effort to maintain an airport's maximum benefit. The imaginary surfaces and zones; boundaries and their
use limitations comprise the AS Zone. Any uses permitted outright or by conditional use in the underlying
zone are allowed except as provided for in DCC 18.80.044, 18.80.050, 18.80.054, 18.80.056 and 18.80.058.
The protection of each airport's imaginary surfaces will be accomplished through the use of those land use
controls deemed necessary to protect the community it serves. Incompatible uses may include the height of
trees, buildings, structures or other items and uses that would be subject to frequent aircraft over -flight or
might intrude into areas used by aircraft.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.020. Application of Provisions.
The provisions of DCC 18.80.020 shall only apply to unincorporated areas located under airport imaginary
surfaces and zones, including approach surfaces, transitional surfaces, horizontal surfaces, conical surfaces
and runway protection zones. While DCC 18.80 identifies dimensions for the entire imaginary surface and
zone, parts of the surfaces and/or zones do not apply within the Redmond, Bend or Sisters Urban Growth
Boundaries. The Redmond Airport is owned and operated by the City of Redmond, and located wholly within
the Redmond City Limits.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
Imaginary surface dimensions vary for each airport covered by DCC 18.80.020. Based on the
classification of each individual airport, only those portions (of the AS Zone) that overlay existing County
zones are relevant.
Public use airports covered by DCC 18.80.020 include Redmond Municipal, Bend Municipal, Sunriver
and Sisters Eagle Air. Although it is a public -use airport, due to its size and other factors, the County treats
land uses surrounding the Sisters Eagle Air Airport based on the ORS 836.608 requirements for private -use
airports. The Oregon Department of Aviation is still studying what land use requirements will ultimately be
applied to Sisters. However, contrary to the requirements of ORS 836.608, as will all public -use airports,
federal law requires that the FAA Part 77 surfaces must be applied. The private -use airports covered by DCC
18.80.020 include Cline Falls Airpark and Juniper Airpark.
(Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 1991)
18.80.022. Definitions.
A. Air Traffic Control Tower. A tenninal facility which, through the use of air/ground communications,
visual signaling, and other devices, provides air traffic control services to airborne aircraft operating in
the vicinity of an airport and to aircraft operating on the airport movement area.
AB.Aircraft. Helicopters and airplanes, but not hot air balloons or ultralights. (Balloons are governed by
FAR Part 30, and ultralights by FAR Part 103. Ultralights are basically unregulated by the FAA.)
RC. Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land used in
connection with the aircraft landing or taking off from the strip of land, including but not limited to land
used for existing airport uses.
ED.Airport Direct Impact Area. The area located within 5,000 feet of an airport runway, excluding lands
within the runway protection zone and approach surface. (Redmond, Bend, and Sunriver)
DE. Airport Elevation. The highest point of an airport's usable runway, measured in feet above mean sea
level.
EF. Airport Imaginary Surfaces (and zones). Imaginary areas in space and on the ground that are established
in relation to the airport and its runways.
For the Redmond, Bend, Sunriver and Sisters airports, the imaginary surfaces are defined by the
primary surface, runway protection zone, approach surface, horizontal surface, conical surface and
transitional surface.
For the Cline Falls and Juniper airports, the imaginary areas are only defined by the primary surface
and approach surface.
EG. Airport Noise Criterion. The State criterion for airport noise is an Average Day -Night Sound Level
(DNL) of 55 decibels (dBA). The Airport Noise Criterion is not designed to be a standard for imposing
liability or any other legal obligation except as specifically designated pursuant to OAR 340, Division 35.
4; H.Airport Noise Impact Boundary. Areas located within 1,500 feet of an airport runway or within
established noise contour boundaries exceeding 55 DNL.
III. Airport Safety Combining Zone (AS Zone). A Deschutes County zone intended to place additional land
use conditions on land impacted by the airport while retaining the existing underlying zone. The airport
imaginary surfaces, impact areas, boundaries and their use limitations comprise the AS Zone. The AS
Zone may apply to either public -use or private -use airports.
IJ. Airport Secondary Impact Area. The area located between 5,000 and 10,000 feet from an airport runway.
(Redmond, Bend, and Sunriver)
�K. Airport Sponsor. The owner, manager, or other person or entity designated to represent the interests of
an airport.
I�L.Airport Uses. Those uses described in OAR 660-013-0100 and 660-013-0110.
LM.Approach Surface. A surface longitudinally centered on the extended runway centerline and extending
outward and upward from each end of the primary surface.
For Redmond, Bend, Sunriver, and Sisters airports:
1. The inner edge of the approach surface is the same width as the primary surface and it expands
uniformly to a width of -
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
a. 1,250 feet for a utility runway having a visual approach;
b. 1,500 feet for other than a utility runway having a visual approach;
c. 2,000 feet for a utility runway having a non -precision instrument approach;
d. 3,500 feet for a non -precision instrument runway, other than utility, having visibility minimums
greater than three -fourths statute mile;
e. 4,000 feet for a non -precision instrument runway, other than utility, having visibility minimums
at or below three -fourths statute mile; and
f. 16,000 feet for precision instrument runways.
2. The approach surface extends for a horizontal distance of
a. 5,000 feet at a slope of 20 feet outward for each foot upward for all utility runways;
b. 10,000 feet at a slope of 34 feet outward for each foot upward for all non -precision instrument
runways, other than utility; and
c. 10,000 feet at a slope of 50 feet outward for each one foot upward, with an additional 40,000 feet
at slope of 40 feet outward for each one foot upward, for precision instrument runways.
3. The outer width of an approach surface will be that width prescribed in DCC 18.80.022(LM)(3) for
the most precise approach existing or planned for that runway end.
For the Cline Falls and Juniper airports:
4. The inner edge of the approach surface is the same width as the primary surface and it expands
uniformly to a width of 450 feet for that end of a private use airport with only visual approaches. The
approach surface extends for a horizontal distance of 2,500 feet at a slope of 20 feet outward for each
one foot upward.
MN.Average Day -Night Sound Level (DNL). Average day -night sound level is the FAA standard measure
for determining the cumulative exposure of individuals to noise. DNL is the equivalent of noise levels
produced by aircraft operations during a 24-hour period, with a ten -decibel penalty applied to the level
measured during nighttime hours (10:00 p.m. to 7:00 am).
NO.Conical Surface. An element of the airport imaginary surfaces that extends outward and upward from the
periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet and to a vertical
height of 350 feet above the airport elevation.
OP. Department of Aviation. The Oregon Department of Aviation, formerly the Aeronautics Division of the
Oregon Department of Transportation.
P-Q. FAA. Federal Aviation Administration.
QR.FAA's Technical Representative. As used in DCC 18.80, the federal agency providing the FAA with
expertise on wildlife and bird strike hazards as they relate to airports. This may include, but is not limited
to, the USDA -APHIS -Wildlife Services.
RS. FAR. Regulation issued by the FAA.
ST. FAR Part 77. Regulation, Part 77, "Objects Affecting Navigable Airspace," establishes standards for
determining obstructions to navigable airspace.
TU.Height. The highest point of a structure or tree, plant or other object of natural growth, measured from
mean sea level.
UV.Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of
which is constructed by swinging arcs of specified radii from the center of each end of the primary surface
of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius
of each arc is:
1. 5,000 feet for all runways designated as utility.
2. 10,000 feet for all other runways.
3. The radius of the are specified for each end of a runway will have the same arithmetical value. That
value will be the highest determined for either end of the runway. When a 5,000-foot arc is
encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be
disregarded on the construction of the perimeter of the horizontal surface.
VW.Non-precision Instrument Runway. A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
which a straight -in non -precision instrument approach has been approved, or planned, and for which no
precision approach facilities are planned or indicated on an FAA -approved airport layout plan or other
FAA planning document.
WX.Non-Towered Airport. An airport without an existing or approved control tower on June 5, 1995.
XY.Obstruction. Any structure or tree, plant or other object of natural growth that penetrates an imaginary
surface.
Y-Z. Other than Utility Runway. A runway that is constructed for and intended to be used by turbine -driven
aircraft or by propeller -driven aircraft exceeding 12,500 pounds gross weight.
ZAA Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing
air navigation facilities that provide both horizontal and vertical guidance, such as an Instrument Landing
System (ILS) or Precision Approach Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated by an FAA -approved airport layout plan or other FAA planning
document.
AABB. Primary Surface. A surface longitudinally centered on a runway.
For the Redmond, Bend, Sunriver, and Sisters airports, when a runway has a specially prepared hard
surface, the primary surface extends 200 feet beyond each end of that runway. When a runway has no
specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that
runway. The elevation of any point on the primary surface is the same as the elevation of the nearest
point on the runway centerline. The width of the primary surface is:
1. 250 feet for utility runways with only visual approaches,
2. 500 feet for utility runways having non -precision instrument approaches,
3. 500 feet for other than utility runways having non -precision instrument approaches with visibility
minimums greater than three -fourths statute mile, and
4. 1,000 feet for non -precision instrument runways with visibility minimums at or below three -fourths
statute mile, and for precision instrument runways.
For the Cline Falls and Juniper airports, the primary surface ends at each end of a runway. The elevation
of any point on the primary surface is the same as the elevation of the nearest point on the runway
centerline. The width of the primary surface is 200 feet.
B9CC. Public Assembly Facility. A permanent or temporary structure or facility, place or activity where
concentrations of people gather in reasonably close quarters for purposes such as deliberation, education,
worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public
assembly facilities include, but are not limited to, schools, religious institutions or assemblies, conference
or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses,
museums, and similar facilities and places, but do not include parks, golf courses or similar facilities
unless used in a manner where people are concentrated in reasonably close quarters. Public assembly
facilities also do not include air shows, structures or uses approved by the FAA in an adopted airport
master plan, or places where people congregate for short periods of time such as parking lots or bus stops.
CVDD. Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
DDEE.Runway Protection Zone (RPZ). An area off the runway end used to enhance the protection of people
and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway
centerline. The inner width of the RPZ is the same as the width of the primary surface. The outer width
of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with
the runway end. The RPZ extends from each end of the primary surface for a horizontal distance of:
1. 1,000 feet for utility runways.
2. 1,700 feet for other than utility runways having non -precision instrument approaches.
3. 2,500 feet for precision instrument runways.
[NOTE: the outer width of the RPZ is specified by airport type in OAR 660, Division 13, Exhibit 4]
€OFF. Significant. As it relates to bird strike hazards, "significant" means a level of increased flight activity
by birds across an approach surface or runway that is more than incidental or occasional, considering the
existing ambient level of flight activity by birds in the vicinity.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
F-FGG. Structure. Any constructed or erected object, which requires a location on the ground or is attached
to something located on the ground. Structures include but are not limited to buildings, decks, fences,
signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations and overhead transmission lines.
Structures do not include paved areas.
GGHH.Transitional Surface. Those surfaces that extend upward and outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot
vertically from the sides of the primary and approach surfaces to the point of intersection with the
horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces
which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended
runway centerline.
MRII.Utility Runway. A runway that is constructed for and intended to be used by propeller driven aircraft
of 12,500 maximum gross weight and less.
1IJJ. Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures,
where no straight -in instrument approach procedures or instrument designations have been approved or
planned, or are indicated on an FAA -approved airport layout plan or any other FAA planning document.
KKK. Water Impoundment. Includes wastewater treatment settling ponds, surface mining ponds, detention
and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment
includes an expansion of an existing water impoundment except where such expansion was previously
authorized by land use action approved prior to the effective date of this ordinance.
(Ord. 2023-027 §2, 2023; Ord. 2020-001 §10, 2020; Ord. 2018-006 §10, 2018; Ord. 2001-001 §2, 2001; Ord.
91-020 §1, 1991)
18.80.024. Imaginary Surface and Noise Impact Boundaries.
For the Redmond, Bend, Sunriver, and Sisters airports, the airport elevation, the airport noise impact
boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach
surface, horizontal surface, conical surface and transitional surface shall be delineated for each airport subject
to this overlay zone and shall be made part of the official Zoning Map. All lands, waters and airspace, or
portions thereof, that are located within these boundaries (including direct and secondary impact boundaries)
or surfaces shall be subject to the requirements of this overlay zone.
For the Cline Falls and Juniper airports, The airport elevation, the airport noise impact boundary, and the
location and dimensions of the runway, primary surface and approach surface shall be delineated for each
private use airport subject to this overlay zone and shall be made part of the official Zoning Map. All lands,
waters and airspace, or portions thereof, that are located within these surfaces shall be subject to the
requirements of this overlay zone. [ORS 836.608(2), (8); OAR 660-013-0050; OAR 660-013-0070(1)(b);
OAR 660-013-0155(2)] [ORS 836.619; OAR 660-013-0040(8); OAR 660-013-0070(1)]
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
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.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
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(B)(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
landfills 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 738-100-010]
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.
(Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 1991)
18.80.028. Height Limitations.
All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028. When
height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying
zone height limitations shall control. [ORS 836.619; OAR 660-013-0070]
A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or other object of natural
growth shall penetrate an airport imaginary surface. [ORS 836.619; OAR 660-013-0070(1)]
B. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the
terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted
development penetrate or would penetrate the airport imaginary surfaces, a local government may
authorize structures up to 35 feet in height.
C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor,
the Department of Aviation and the FAA. Applications for height variances shall follow the procedures
for other variances and shall be subject to such conditions and terms as recommended by the Department
of Aviation and the FAA (for Redmond, Bend and Sunriver.)
D. A single air traffic control tower maybe up to 115 feet in height.
(Ord. 2023-027 �2, 2023; Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.030. Redmond Municipal Airport.
The Redmond Municipal Airport is a Category 1, Commercial Service Airport. Its function is to
accommodate scheduled major/national or regional commuter commercial air carrier service. The two
approximately 7,040' long by 100'-150' wide, "other than utility" paved runways are located at an elevation
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
of 3,077'. The proposed extension to runway 4-22 and the planned new parallel runway are both identified
on the FAA -adopted Airport Layout Plan. Therefore, these improvements are used in the layout of the Airport
Safety Combining Zone. The same safety zone dimensional standards used for Runway 4-22 will also apply
to the planned parallel runway.
A. Primary Surface - For Redmond, the primary surfaces are 1,000' wide by 7,440' long for Runway 10-28,
1,000' wide by 9,100' long for Runway 4-22, and 1,000' wide by 7,400' long for the proposed new
parallel runway.
B. Runway Protection Zone (RPZ)- Two different RPZs apply to the Redmond Airport because it has a total
of three potential runways with two possible approaches. Runway 4-22 and the planned parallel runway
will both have precision approaches. Runway 10-28 has a non -precision approach on each end. The
precision RPZ forms a 1,000' wide by 2,500' long by 1,750' wide trapezoid while the non -precision RPZ
forms a 500' wide by 1,700' long by 1,010' wide trapezoid.
C. Approach Surface - The current ILS precision approach surface to runway 22, and the planned precision
approaches to Runway 4 and future parallel runway 4-22, are 1,000' wide by 50,000' long by 16,000'
wide, with an upward approach slope ratio of 50:1(one foot vertical for each 50 feet horizontal) for the
first 10,000', then a slope ratio of 40:1 for the remaining 40,000'. The non -precision approach surface is
500' wide by 10,000' long by 3,500' wide, with an upward approach slope ratio of 34:1.
D. Horizontal Surface - The surface boundary is comprised of connected arcs drawn 10,000 feet outward
and centered on the ends of the primary surface. The elevation of the horizontal surface for the Redmond
Airport is 3,227 feet.
(Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 1991)
18.80.032. Bend Municipal Airport.
Bend Municipal Airport is a Category 2, Business or High Activity General Aviation Airport. The 5,005 long
by 75' wide paved runway is located at an elevation is 3,453'. Imaginary surface dimensions for the Bend
Airport are based on planned improved operational characteristics, and an upgrade from a "utility" to "other
than utility" runway, but do not reflect any planned extension to the existing runway.
A. Primary Surface - For Bend, the primary surface is 500' wide by 5,405' long.
B. Runway Protection Zone (RPZ) -Both Runway #16 and #34 have, or are proposed to have non -precision
approaches. Both RPZs begin 200-feet off the ends of the runway. The non -precision RPZs form 500'
wide by 1,700' long by 1,010' wide trapezoids.
C. Approach Surface - The non -precision approach surfaces are 500' wide by 10,000' long by 3,500' wide,
with an upward approach slope ratio of 34: 1 (one -foot vertical for each 34 feet horizontal).
D. Horizontal Surface - The surface boundary is comprised of connected arcs drawn 10,000 feet outward
and centered on the ends of the primary surface. The height of the horizontal surface for the Bend Airport
is 3,603 feet.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.034. Sunriver Airport.
The Sunriver Airport is a Category 4, Community General Aviation Airport. It is privately owned and open
to the public. The 5,500' long by 65' wide paved runway is located at an elevation of 4,155'. The Sunriver
Airport imaginary surfaces are based on the existing "utility" runway, not any planned improvements or
airport upgrades. If and when planned airport improvements are identified through a master planning process,
the County will have the option of adjusting the boundaries of the imaginary surfaces to reflect any planned
changes.
A. Primary Surface - For Sunriver, the primary surface is 500' wide by 5,900' long.
B. Runway Protection Zone (RPZ) - The Sunriver Airport has two different approaches. Runway #18 has a
non -precision approach, while Runway #36 has a visual approach. The non -precision RPZ forms a 500'
wide by 1,700' long by 1,010' wide trapezoid. The visual RPZ is 500' wide by 1,000' long by 700' wide.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
C. Approach Surface — The non -precision approach surface is 500' wide by 5,000' long by 2,000' wide, with
an upward approach slope ratio of 20: 1 (one -foot vertical for each 20 feet horizontal). The visual approach
is 500' wide by 5,000' long by 1,500 wide at the same 20:1 slope ratio.
D. Horizontal Surface - The surface boundary is comprised of connected arcs drawn 5,000 feet outward and
centered on the ends of the primary surface. The elevation of the horizontal surface for the Sunriver
Airport is 4,305 feet.
(Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 1991)
18.80.036. Sisters Eagle Air Airport.
The Sisters Eagle Air Airport is a Category 4, Community General Aviation Airport. It is privately owned
and open to the public. The 3,550' long by 50' wide paved runway is located at an elevation of 3,165'.
A. Primary Surface - For Sisters, the primary surface is 250' wide by 3,950' long.
B. Runway Protection Zone (RPZ) - The Sisters Airport has two similar visual approaches. The visual RPZ
is 250' wide by 1,000' long by 700' wide.
C. Approach Surface — The visual approach surfaces are 250' wide by 5,000' long by 1,250' wide, with an
upward approach slope ratio of 20: 1 (one -foot vertical for each 20 feet horizontal.
D. Horizontal Surface - The surface boundary is comprised of connected arcs drawn 5,000 feet outward and
centered on the ends of the primary surface. The elevation of the horizontal surface for the Sisters Airport
is 3,315 feet.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.038. Cline Falls Airpark.
The Cline Falls Airpark is classified by the state as a privately owned, private -use airport that was the base
for three or more aircraft as of December 31, 1994. Located at an elevation or 2,920', the single dirt/turf
runway is 3,000' long by 100' wide.
A. Primary Surface - The primary surface is 200' wide by 3,000' long.
B. Approach Surface -The dimensions of the visual approach surfaces are 200' wide by 2,500' long by 450'
wide, with an upward approach slope ratio of 20:1 (one -foot vertical for each 20 feet horizontal).
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.040. Juniper Airpark.
The Juniper Airpark is classified by the state as a privately owned, private -use airport that was the base for
three or more aircraft as of December 31, 1994. Located at an elevation or 3,490', the single turf runway is
2,640' long by 100' wide.
A. Primary Surface - The primary surface is 200' wide by 2,640' long.
B. Approach Surface - The dimensions of the visual approach surfaces are 250' wide by 2,500' long by 450'
wide, with an upward approach slope ratio of 20:1 (one -foot vertical for each 20 feet horizontal).
(Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 1991)
18.80.044. Land Use Compatibility.
Applications for land use or building pen -nits for properties within the boundaries of this overlay zone shall
comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the
Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility
by choosing the most compatible location or design for the boundary or use. Where compatibility issues
persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning
Director or Hearings Body may disallow the use or expansion, except where the action results in loss of current
operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable
conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
836.619; ORS 836.623(1); OAR 660-013-0080] An air traffic control tower, as defined in DCC 18.80.022 is
not subject to this section.
A. Noise. Within airport noise impact boundaries, land uses shall be established consistent with the levels
identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC 18.80). Applicants for any subdivision or
partition approval or other land use approval or building permit affecting land within airport noise impact
boundaries, shall sign and record in the Deschutes County Book of Records, a Declaration of Anticipated
Noise declaring that the applicant and his successors will not now, or in the future complain about the
allowed airport activities at the adjacent airport. In areas where the noise level is anticipated to be at or
above 55 DNL, prior to issuance of a building permit for construction of a noise sensitive land use (real
property normally used for sleeping or as a school, religious institutions or assemblies, hospital, public
library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy
will be incorporated into the building design that will achieve an indoor noise level equal to or less than
55 DNL. [NOTE: FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not exceed
45 decibels in all habitable zones.]
B. Outdoor lighting. No new or expanded industrial, commercial or recreational use shall project lighting
directly onto an existing runway or taxiway or into existing airport approach surfaces except where
necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their
designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or
impede the ability of pilots to distinguish between airport lighting and other lighting.
C. Glare. No glare producing material, including but not limited to unpainted metal or reflective glass, shall
be used on the exterior of structures located within an approach surface or on nearby lands where glare
could impede a pilot's vision.
D. Industrial emissions. No new industrial, mining or similar use, or expansion of an existing industrial,
mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or steam that
could obscure visibility within airport approach surfaces, except upon demonstration, supported by
substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential
for safety risk or incompatibility with airport operations to an insignificant level. The review authority
shall impose such conditions as necessary to ensure that the use does not obscure visibility.
E. Communications Facilities and Electrical Interference. No use shall cause or create electrical interference
with navigational signals or radio communications between an airport and aircraft. Proposals for the
location of new or expanded radio, radiotelephone, and television transmission facilities and electrical
transmission lines within this overlay zone shall be coordinated with the Department of Aviation and the
FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased
property located within airport imaginary surfaces shall be conditioned to require their removal within 90
days following the expiration of the lease agreement. A bond or other security shall be required to ensure
this result.
F. Limitations and Restrictions on Allowed Uses in the RPZ, Transitional Surface, Approach Surface, and
Airport Direct and Secondary Impact Areas.
For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1,
and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the
manner therein described. In the event of conflict with the underlying zone, the more restrictive
provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to
special standards specific to that use.
(Ord. 2023-027 §2, 2023; Ord. 2020-007 § 12, 2020; Ord. 2020-001 § 10, 2020; Ord. 2018-006 § 10, 2018;
Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.050. Uses Permitted Outright.
Any uses permitted outright in the underlying zone with which the AS Zone is combined shall be allowed
except as provided in DCC 18.80.044.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027
18.80.054. Conditional Uses.
Uses permitted conditionally shall be those identified as conditional uses in the underlying zone with which
the AS Zone is combined, and shall be subject to all conditions of the underlying zone except as provided in
DCC 18.80.044.
(Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 1991)
18.80.056. Additional Requirements.
As a condition of approval of any conditional use proposed within any AS Zone, the Planning Director or
Hearings Body may require:
A. An increase in required setbacks.
B. Additional off-street parking and loading facilities and building standards.
C. Limitations on signs or lighting, hours of operation, points of ingress and egress and building heights.
D. Additional landscaping, screening and other improvements.
E. Use of glare -resistant materials in construction or other methods likely to reduce operating hazards.
F. Other conditions considered necessary to achieve compliance and policies of the comprehensive plan.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991; Ord. 80-221 §1, 1980)
18.80.058. Non -conforming Uses.
A. These regulations shall not be construed to require the removal, lowering or alteration of any structure not
conforming to these regulations. These regulations shall not require any change in the construction,
alteration or intended use of any structure, the construction or alteration of which was begun prior to the
effective date of this overlay zone.
B. Notwithstanding DCC 18.80.058(A), the owner of any existing structure that has an adverse effect on air
navigational safety as determined by the Department of Aviation shall install or allow the installation of
obstruction markers as deemed necessary by the Department of Aviation, so that the structures become
more visible to pilots.
C. No land use or limited land use approval or other permit shall be granted that would allow a
nonconfonning use or structure to become a greater hazard to air navigation than it was on the effective
date of this overlay zone.
(Ord. 200 1 -001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.060. Variances.
A. Any person desiring to erect or increase the height of any structure, or use not in accordance with
provisions prescribed in DCC 18.80 may apply for a variance.
B. Application for Variance must be accompanied by a determination from the Oregon Department of
Aviation and the Federal Aviation Administration (FAA) as to the effect of the proposal on the safe and
efficient use of navigable airspace.
C. Any variance granted may be conditioned as to require the owner of the structure to install, operate and
maintain obstruction markers, at the owner's expense.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.062. Dimensional Standards.
A. Minimum lot size and setbacks shall be those indicated in the underlying zone with which the AS Zone
is combined.
B. Where an area is covered by more than one height limitation, the more restrictive shall prevail.
C. The airport owners, or their agents, shall be permitted at mutually agreed upon times to enter onto private
property to reduce the height of trees that exceed the height limitations herein established.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 10
(Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 1991)
18.80.064. Procedures.
An applicant seeking a land use or limited land use approval in an area within this overlay zone shall provide
the following information in addition to any other information required in the pen -nit application:
A. A map or drawing showing the location of the property in relation to the airport imaginary surfaces. The
Community Development Department shall provide the applicant with appropriate base maps upon which
to locate the property.
B. Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing
and proposed structures, measured in feet above mean sea level.
And, additionally, if a height variance is requested:
C. Letters of support from the airport sponsor, the Department of Aviation and for Redmond, Bend and
Sunriver Airports, the FAA as well. The letter(s) shall include specific references to the particular
variance and findings for approval.
(Ord. 2001-001 § 2, 2001; Ord. 91-020 § 1, 1991)
18.80.072. Water Impoundments.
Any use or activity that would result in the establishment or expansion of a water impoundment shall comply
with the requirements of DCC 18.80.072. (ORS 836.623(2); OAR 660-013-0080(1)(0]
A. No new or expanded water impoundments of one -quarter acre in size or larger are pennitted:
1. Within an approach surface and within 5,000 feet from the end of a runway; or
2. On land owned by the airport sponsor that is necessary for airport operations.
B. New or expanded water impoundments of one -quarter acre in size or larger are permitted:
1. Within 10,000 feet from the end or edge of a runway (outside an approach surface), or
2. Between 5,000 feet and 40,000 feet within an approach surface for an airport with a precision
instrument approach, unless Deschutes County first adopts findings of fact, supported by substantial
evidence in the record, that the impoundments are likely to result in a significant increase in hazardous
movements of birds feeding, watering or roosting in areas across the runways or approach corridors.
[NOTE: FAA Part 77 discourages water impoundments within 50,000 feet of a runway, within an approach
surface.] [ORS 836.623(2)(c); OAR 660, Division 13, Exhibit 1, Section 3(b)(C)]
C. Process. An application for approval of a new water impoundment shall be considered utilizing the review
process applied to applications for conditional use permits. In addition to the parties required by law to
be mailed written notice of the public hearing on the application, written notice of the hearing shall be
mailed to the airport sponsor, the Seattle Airports District Office of the FAA, the FAA's technical
representative, and the Oregon Department of Aviation.
1. Prior to filing its application, the applicant shall coordinate with the airport sponsor, the Department
of Aviation, and the FAA (Seattle Airports District Office) and FAA's technical representative
regarding the proposed water impoundment, its short and long term potential to significantly increase
hazardous movements of birds feeding, watering or roosting in areas across runways or approach
surfaces, and proposed mitigation.
a. For water impoundments individually or cumulatively exceeding five acres in size on the subject
property, the applicant shall prepare a draft bird strike study as provided in DCC
18.80.072(C)(1)(a). The airport sponsor, the Department of Aviation, and the FAA and FAA's
technical representative shall have 45 days to review the study draft. Their comments shall be
included and addressed in a final bird strike study.
b. For water impoundments that do not individually or cumulatively exceed five acres in size on the
subject property, the bird strike study requirements in DCC 18.80.072(B)(2) may be reduced or
waived upon agreement by the airport sponsor, the Department of Aviation, and the FAA and
FAA's technical representative if the applicant can demonstrate, to the satisfaction of the airport
sponsor, the Department of Aviation, and the FAA and FAA's technical representative that the
proposed water impoundment, with appropriate short and long tenn mitigation, will not result in
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 11
a significant increase in hazardous movements of birds feeding, watering or roosting in areas
across runways or approach surfaces. As used herein, "appropriate mitigation" means small-scale
measures of proven reliability that can be applied in perpetuity and that the applicant has the
financial resources to support.
c. An application shall not be deemed complete for land use review purposes until the applicant has
filed with the Director the final bird strike study addressing comments from the airport sponsor,
the Department of Aviation, and the FAA and FAA's technical representative. When no bird
strike study is required, the application shall not be deemed complete until the applicant has filed
with the Director correspondence or other proof demonstrating agreement among the airport
sponsor, the Department of Aviation, and the FAA and FAA's technical representative that no
bird strike study is required.
2. Bird Strike Study. A bird strike study required under DCC 18.80.072 shall contain at least the
following information:
a. A description of the proposed project, its location in relation to the airport, and the bird strike
study area, which shall include at least the project site, the airport property, all lands within 10,000
feet from the end or edge of the airport runway, and other surrounding habitat areas which form
the local bird ecosystem.
b. A description of bird feeding, watering and roosting habitats in the bird strike study area,
including discussion of feeding behavior and food sources and identification of loafing, watering,
roosting and nesting area locations.
c. A description of existing and planned airport operations and air traffic patterns and any available
history of bird strike incidents.
d. Wildlife surveys and documentation of existing bird species, populations, activities and flight
patterns in the bird strike study area. The surveys shall address bird species and their
composition; bird population estimates and densities per unit area; feeding behavior; food
sources; seasonal use patterns; frequency of occurrence; location of loafing, roosting and nesting
areas; and analysis of the relation of bird flight movements to airport traffic patterns and
navigational safety. The airport sponsor shall provide approach and departure air space
information up to five statutory miles from the airport.
e. An evaluation of the anticipated effects of the proposal on the population density, behavior
patterns, movements and species composition of birds within the bird strike study area and of the
impact of these effects on air navigation and safety considering possible mitigation.
f. Identification and evaluation of proposed and alternative short and long teen mitigation measures
that would prevent a significant increase in hazardous movements of birds feeding, watering or
roosting in areas across runways and approach surfaces that otherwise might result from the
proposed use. The evaluation shall discuss the proven reliability of proposed measures, their
effectiveness over both the short and long term, their costs, and the applicant's financial ability to
assure their perpetual implementation, i.e. ongoing implementation for as long as a potential bird
strike hazard persists.
g. Such other information as is recommended by the FAA's technical representative or is required
to demonstrate compliance with the requirements of DCC 18.80.072(C)(3).
3. Required Findings. The determination whether a proposed new water impoundment, with reasonable
and practicable mitigation measures, is likely to significantly increase hazardous movements of birds
feeding, watering or roosting in areas across runways or approach surfaces shall be based upon the
proposal's potential, both in the short term and in the long term, to significantly increase bird strike
hazards to air navigation, and the appropriateness, effectiveness and affordability of proposed
mitigation measures or other conditions needed to reduce bird strike hazards. In determining
compliance with this standard, the findings shall address each of the following factors:
a. The demonstrated overall effectiveness and reliability of proposed measures and conditions, in
both the short and long term and under similar circumstances and conditions, to avoid a
significant increase in bird strike hazards to air navigation. Experimental measures or measures
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 12
not based on accepted technology and industry practices shall be considered ineffective,
inappropriate and of unproven reliability.
b. The economic, social and environmental impacts of proposed measures to the neighboring
community and the affected natural environment.
c. The applicant's ability to pay for necessary short and long -tern mitigation measures, including
fallback measures that may be required if initially proposed mitigation measures prove
ineffective, and to assure the perpetual implementation of those measures for as long as a potential
bird strike hazard persists. An applicant's failure to demonstrate its financial ability to assure the
perpetual implementation of necessary and appropriate measures shall render those measures
unreasonable and impracticable for purposes of the application.
d. The applicant's ability to accurately monitor the effectiveness of mitigation over time.
e. The potential impacts to navigational safety and air travel if the applicant cannot perform
necessary mitigation measures or maintain those measures in perpetuity, or if those measures
prove to be ineffective at avoiding a significant increase in bird strike hazards to air navigation.
f. The applicant's reclamation plan.
4. Mitigation Measures and Approval Conditions. A decision approving an application shall require, as
conditions of approval, all measures and conditions deemed appropriate and necessary to prevent in
perpetuity a significant increase in hazardous movements of birds feeding, watering or roosting in
areas across runways and approach surfaces.
a. Only customary measures based on accepted technology and industry practice may be considered
and imposed as approval conditions.
b. Serious consideration shall be given to all measures and conditions recornmended by the
Department of Aviation and the FAA and FAA's technical representative. Generally, such
measures and conditions shall be attached to a decision approving an application unless findings
are adopted, supported by substantial evidence, demonstrating why such measures and conditions
are not necessary to reduce bird hazard impacts resulting from the water impoundment to an
insignificant level.
c. A decision to approve shall require from the applicant a performance bond or other form of secure
financial support. Such bond or security shall be in an amount sufficient to assure perpetual
implementation of appropriate and necessary mitigation measures for as long as a potential bird
strike hazard persists.
d. A decision to approve shall require appropriate monitoring of the effectiveness of mitigation over
time. Upon request, monitoring data and reports shall be made available to the airport sponsor,
the Department of Aviation, and the FAA and FAA's technical representative. The decision shall
allow for modifications to approval conditions should existing mitigation measures prove
ineffective at preventing a significant increase in hazardous movements of birds feeding, watering
or roosting in areas across runways and approach surfaces. Modifications to approval conditions
shall be considered utilizing the review process applied to applications for conditional use
permits.
5. Exemptions. The requirements of DCC 18.80.072 shall not apply to:
a. Storm water management basins established by an airport identified under ORS 836.610(1).
b. Seaplane landing areas within airports identified under ORS 836.610(1).
c. Lands owned or managed by Sunriver Resort, Crosswater and
their affiliates.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.074. Wetland Mitigation, Creation, Enhancement and Restoration.
A. Notwithstanding the requirements of DCC 18.80.072, wetland mitigation, creation, enhancement or
restoration projects located within areas regulated under DCC 18.080.072 shall be allowed upon
demonstration of compliance with this requirements of DCC 18.80.074.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 13
B. Wetland mitigation, creation, enhancement or restoration projects existing or approved on the effective
date of this ordinance and located within areas regulated under DCC 18.80.072 are recognized as lawfully
existing uses.
C. To help avoid increasing safety hazards to air navigation near public use airports, the establishment of
wetland mitigation banks in the vicinity of such airports but outside approach surfaces the areas regulated
under DCC 18.80.072 is encouraged.
D. Applications to expand wetland mitigation projects in existence as of the effective date of this ordinance,
and new wetland mitigation projects, that are proposed within areas regulated under DCC 18.80.072 shall
be considered utilizing the review process applied to applications for conditional use permits and shall be
permitted upon demonstration that:
1. The affected wetlands provide unique ecological functions, such as critical habitat for threatened or
endangered species or ground water discharge, and it is not practicable to provide the mitigation off -
site; and
2. The wetland creation, enhancement or restoration is designed and will be maintained in perpetuity in
a manner that will not increase hazardous movements of birds feeding, watering or roosting in areas
across runways or approach surfaces.
E. Wetland mitigation permitted under DCC 18.80.074(D) shall be designed and located to avoid creating a
wildlife hazard or increasing hazardous movements of birds across runways or approach surfaces.
F. Proposals for new or expanded wetland mitigation, creation, enhancement or restoration projects
regulated under DCC 18.80.074 shall be coordinated with the airport sponsor, the Department of Aviation,
the FAA and FAA's technical representative, the Oregon Department of Fish & Wildlife (ODFW), the
Oregon Division of State Lands (DSL), the US Fish & Wildlife Service (USFWS), and the US Army
Corps of Engineers (Corps) as part of the permit application.
G. Exemptions. The requirements of DCC 18.80.74 shall not apply to activities related to the management
or modification of golf courses owned or managed by Sunriver Resort, Crosswater and their affiliates.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.076. Water Impoundment Notification.
A. Deschutes County shall provide notice to the Oregon Department of Aviation when it, or its designee,
receives an application for a comprehensive plan amendment, zone change or permit as defined in ORS
215.402 or 227.160 that, if approved, would result in a water impoundment larger than one -quarter acre
within 10,000 feet of the Redmond, Bend, Sunriver or Sisters Airports.
B. A final determination regarding a new water impoundment described in ORS 836.623 shall be made by
local governments as provided in ORS 836.623.
(Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
18.80.078. FAA Notification (Form 7460-1).
A. Federal and State Notice.
Federal Aviation Regulation (FAR) Part 77 requires that anyone proposing to construct anything which may
obstruct the use of airspace by aircraft to provide a notice to that effect to the FAA. In addition, OAR
738.070.0060 requires notice also be sent to the Oregon Department of Aviation. Generally, construction
proposals in the vicinity of airports may obstruct airspace. Notice to the FAA and Oregon Department of
Aviation is required for anything which may affect landing areas, either existing or planned, which are open
to the public, or are operated by one of the armed forces.
B. FAA Form 7460-1 "Notice of Proposed Construction or Alteration" is the notification form. It is to be
submitted by the applicant directly to the FAA and Oregon Department of Aviation. Forms are available from
the Oregon Department of Aviation or the Northwest Regional Office of the FAA-
C. FAA Form 7460-1 should be submitted if the proposed construction or alteration meets the following
criteria:
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 14
1. Anything over 200' AGL (above ground level at the site).
2. Proposals in the vicinity of an airport, if the proposal would be higher than a slope from the nearest point
on a runway and increasing its elevation at a ratio of:
Longest Runway Proximity to Runway Slope
> 3,200' Within 20,000' 100 to 1
3,200' or less Within 10,000' 50 to 1
For a Heliport Within 5,000' 25 to 1
D. For identification purposes, Deschutes County has established FAA Notification Areas around each of
the public use airports within Deschutes County. The boundaries of these areas are based on the runway
length. If a proposed construction project is located in one of these areas, the applicant shall determine if the
height of the proposed project will require FAA notification as per DCC 18.80.076(C). In Deschutes County,
each of the public -use airports has a runway longer than 3,200 feet. Therefore, each FAA notification area
includes all land within 20,000 feet of each airport's runway(s), and the slope to be used is 100 to 1.
E. FAA notification is NOT required for any of the following construction or alteration:
1. Any object that would be shielded by existing structures of a permanent and substantial character or by
natural terrain or topographic features of equal or greater height, and would be located in the congested area
of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will
not adversely affect safety in air navigation.
2. Any antenna structure of 20 feet or less in height except one that would increase the height of another
antenna structure.
3. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or
meteorological device, of a type approved by the Administrator, or an appropriate military service on military
airports, the location and height of which is fixed by its functional purpose.
4. Any construction or alteration for which notice is required by any other FAA regulation.
(Ord. 2014-009 §2, 2014; Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
TABLE 1--Land Use Compatibility
Location:
Transitional Approach Direct Impact Secondary
Use:
RPZ(1) Surface Surface(8) Area 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(7)
L(7)
L(7,9)
L(7)
L(7)
Athletic Field
N
N
L(9)
P
P
Sanitary Landfill
N
N
N
N
N(16)
Waste Water
N
N
N
N
L(15)
Treatment Plant
MininE
I N
N
L 11
L 11
L 11
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 15
Water Impoundment N N N,L(12) L(12) L(12)
Wetland Mitigation N 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 pennitted 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 i s 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.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 16
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.
TABLE 2--Noise Compatibility*
Yearly Day -Night Average Sound Levels (DNL) in decibels
Land Uses
Below
65-70
70-75
75-80
80-85
Over
65
85
Residential
Residential, other than mobile homes
Y
N(1)
N(1)
N
N
N
and transient lodgings
Mobile home parks
Y
N
N
N
N
N
Transient lodgings
Y
N(1)
N(1)
N(1)
N
N
Public Use
Schools
Y
N(1)
N(1)
N
N
N
Hospitals and nursing homes
Y
25
30
N
N
N
Religious institutions or assemblies, auditoriums,
Y
25
30
N
N
N
and concert halls
Governmental services
Y
Y
25
30
N
N
Transportation
Y
Y
Y(2)
Y(3)
Y(4)
Y(4)
Parking
Y
Y
Y(2)
Y(3)
Y(4)
N
Commercial Use
Offices, business and professional
Y
Y
25
30
N
N
Wholesale and retail —building materials,
Y
Y
Y(2)
Y(3)
Y(4)
N
Hardware and farm equipment
Retail trade —general
Y
Y
25
30
N
N
Utilities
Y
Y
Y(2)
Y(3)
Y(4)
N
Communication
Y
Y
25
30
N
N
Manufacturing and Production
Manufacturing general
Y
Y
Y(2)
Y(3)
Y(4)
N
Photographic and optical
Y
Y
25
30
N
N
Agriculture (except livestock) and forestry
Y
Y(6)
Y(7)
Y(8)
Y(8)
Y(8)
Livestock farming and breeding
Y
Y(6)
Y(7)
N
N
N
Mining and fishing, resource production
Y
Y
Y
Y
Y
Y
and extraction
Recreational
Outdoor sports arenas and spectator sports
Y
Y(5)
Y(5)
N
N
N
Outdoor music shells, amphitheaters
Y
N
N
N
N
N
Nature exhibits and zoos
Y
Y
N
N
N I
N
Amusements, parks, resorts and camps
Y
Y
Y
N
N
N
Golf courses, riding stables and water recreation
Y
Y
25
30
N
N
Numbers in parentheses refer to notes.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 17
'The designations contained in this table do not constitute a Federal determination that any use of land
covered by the program is acceptable or unacceptable under Federal, State, or local law. The
responsibility for determining the acceptable and permissible land uses and the relationship between
specific properties and specific noise contours rests with the local authorities. FAA determinations under
Part 150 are not intended to substitute federally determined land uses for those determined to be
appropriate by local authorities in response to locally determined needs and values in achieving noise
compatible land uses.
Key to Table:
SLUCM = Standard Land Use Coding Manual.
Y (Yes) = Land Use and related structures compatible without restrictions.
N (No) = Land Use and related structures are not compatible and should be prohibited.
NLR = Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise
attenuation into the design and construction of the structure.
25, 30, or 35 = Land use and related structures generally compatible; measures to achieve NLR of 25, 30,
or 35 dB must be incorporated into design and construction of structure.
Notes for Table 2:
1. Where the community determines that residential or school uses must be allowed, measures to achieve
outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB and 30 dB should be incorporated into
building codes and be considered in individual approvals. Normal residential construction can be expected
to provide a NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over
standard construction and normally assume mechanical ventilation and closed windows year round.
However, the use of NLR criteria will not eliminate outdoor noise problems.
2. Measures to achieve NLR 25 dB must be incorporated into the design and construction of portions of
these buildings where the public is received, office areas, noise sensitive areas or where the normal noise
level is low.
3. Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of
these buildings where the public is received, office areas, noise sensitive areas or where the normal noise
level is low.
4. Measures to achieve NLR 35 dB must be incorporated into the design and construction of portions of
these buildings where the public is received, office areas, noise sensitive areas or where the nonnal level
is low.
5. Land use compatible provided special sound reinforcement systems are installed.
6. Residential buildings require an NLR of 25.
7. Residential buildings require an NLR of 30.
8. Residential buildings not permitted.
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 18
Declaration of Anticipated Noise
As a condition of the grant of development approval pursuant to DCC 18.80, the undersigned, hereinafter
referred to as Grantor hereby covenants and agrees that it shall not, by reason of their ownership or occupation
of the following described real property, protest or bring suit or action against the [Name
of Airport] or Deschutes County, for aviation -related noise, including property damage or personal injury
from said noise connected when such activities conform to:
1. Airport activities lawfully conducted in connection with a pre-existing airport, as that term is defined in
DCC 18.80.022(BC), at the described airport; or
2. Airport activities that might be lawfully conducted in the future at the described airport under County or
State permits or exemptions.
The real property of Grantor subject to this covenant and agreement is situated in Deschutes County, State of
Oregon, and described as set forth in that certain [Statutory Warranty Deed] dated [date], as record in [the
Official Records of Deschutes County as instrument number 20xx-xxxxx] OR [Volume xx, Page xx of the
Deschutes County Board of Records];.
Grantor acknowledge that by virtue of such grant he/they have no remaining rights to complain or protest
about the protected activities described above.
This Declaration of Anticipated Noise runs with the land and is binding upon the heirs, successors and assigns
of the undersigned's interest in the described real property or any persons acquiring through he undersigned
an interest in the described real property.
Deschutes County requires the execution of this covenant and agreement by the Grantor as a pre -requisite to
Deschutes County approving a partition, subdivision, or issuing a building permit for Grantor's development
on the above described real property, which real property is located within the noise impact boundary of the
[Name of Airport]. This Declaration is executed for the protection and benefit of the
[Name of Airport] and Deschutes County's interest in said airport and to prevent
development in adjacent lands to said airport which will interfere with the continued operation existent and
development of said airport.
Dates this day of , 20 Grantor
[Name]
On this day of 12 , before me, a Notary Public in and for said County
and State, personally appeared , known to me to be the
of who executed the above document on behalf of said Department.
Notary Public for:
My Commission Expires:
Chapter 18.80
EXHIBIT B TO ORDINANCE 2023-027 19
Mailing Date:
Tuesday, November21, 2023
DECISION, FINDINGS AND RECOMMENDATION OF
THE DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBERS:
HEARING DATE:
HEARING LOCATION:
APPLICANT:
247-23-000470-TA
October 2, 2023, 6:00 p.m.
Videoconference and
Barnes & Sawyer Rooms
Deschutes Services Center
1300 NW Wall Street
Bend, OR 97708
City of Bend
SUBJECT PROPERTIES: The subject properties comprise the Bend Municipal Airport, which
includes the following addresses and tax lots:
1. 63155 Gibson Air Rd — 1713200000200
2. 63110 Powell Butte Hwy — 1713200000201
3. 63205 Gibson Air Rd — 171317C000100
4. 63482 Powell Butte Hwy — 1713170000200
5. 22550 Nelson PI — 1713200000202
6. 63144 Powell Butte Hwy — 1713200000300
REQUEST: Applicant requests text amendments to Deschutes County Code
("DCC" or "Code") Chapter 18.04, Title Purpose and Definitions; DCC Chapter 18.76, Airport
Development Zone; DCC Chapter 18.80, Airport Safety Combining Zone; and DCC Chapter 18.120,
Exceptions. The proposed text amendments would modify the Code to add a definition of an air traffic
control tower, establish air traffic control towers as a use permitted outright in the Airport Development
Zone, and modify the height limit to allow air traffic control towers up to 115 feet in height.
HEARINGS OFFICER: Tommy A. Brooks
SUMMARY OF DECISION: The Hearings Officer finds that the Applicant's request satisfies all
procedural and substantive criteria necessary to approve the Applicant's request for amendments to the
text of the Code as modified during this proceeding. The Hearings Officer recommends the Deschutes
County Board of County Commissioners adopt by ordinance the Code langauge set forth in this
Recommendation as Exhibit A.
I. APPLICABLE STANDARDS AND CRITERIA
Deschutes County Code
Title 18, Deschutes County Zoning Ordinance
Chapter 18.04, Title, Purpose and Definitions
Chapter 18.76, Airport Development Zone
Chapter 18.80, Airport Safety Combining Zone (AS)
Chapter 18.120, Exceptions
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
State Statutes
ORS 836.610
ORS 836.616
State Administrative Rules
OAR Chapter 660, Division 013
OAR Chapter 660, Division 015
II. BACKGROUND AND PROCEDURE
A. Background
The Applicant in this proceeding is the City of Bend ("City"). The City owns and operates the
Bend Municipal Airport ("Airport") on the Subject Properties.' The Subject Properties are zoned Airport
Development (AD) ("AD Zone") and are the only properties in the County with that zoning designation.
The City initially requested various text amendments to Deschutes County Code ("DCC" or "Code")
Chapter 18.04, Title Purpose and Definitions; DCC Chapter 18.76, Airport Development Zone; DCC
Chapter 18.80, Airport Safety Combining Zone; and DCC Chapter 18.120, Exceptions. The City included
its requested text amendments in the Application. After the Hearing, the City submitted a revised version
of the specific text amendments it seeks, which modify only DCC Chapter 18.76, Airport Development
Zone, and DCC Chapter 18.80, Airport Safety Combining Zone. This Recommendation will refer to the
Applicant's final version of the text amendments, attached as Exhibit A, as the "Text Amendments."
The Subject Properties listed above differ slightly from the list of properties included in the Application. Specifically, the
Application does not refer to Tax Lot 1719200000300. The Applicant and the Staff Report also refer to a different source for
the address of each lot, which makes the addresses appear to be different, although they likely are not. Because the Applicant
did not object to the list of properties presented in the Staff Report, and because the Staff Report list of properties appears more
inclusive, I have used the list of properties as presented in the Staff Report as the "Subject Properties."
2
Staff from the County's Community Development Department ("Staff") issued a Staff Report on
September 25, 2023, describing the Application and the applicable criteria ("Staff Report"). As described
by the City and acknowledged in the Staff Report, the purpose of the Text Amendments is as follows:
The proposed text amendments will support master planning for the Bend
Municipal Airport. The proposed amendments are intended to support the
construction of an air traffic control tower, which is now an improvement
supported by the FAA. The amendments are proposed to ensure the
establishment of a tower will support airport operations and, in a manner,
consistent with the master planning for the Bend Municipal Airport. The
amendments are further limited to the Bend Airport so that another use
could not be established through these amendments.
B. Notice and Hearing
On September 7, 2023, the County issued a Notice of Public Hearing ("Hearing Notice") for this
matter. The County mailed the Hearing Notice to all owners of property within 250 feet of the AD Zone
and the Airport boundaries. The County also published the Hearing Notice in the Bend Bulletin on
September 10, 2023.
Pursuant to the Hearing Notice, I presided over the Hearing as the Hearings Officer on October 2,
2023, at 6:00 p.m. The Hearing took place in a hybrid format, with the Applicant, Staff, and other
participants present in the Hearing Room and the Hearings Officer participating remotely.
At the beginning of the Hearing, I noted for the record that this phase of the adoption of the Text
Amendments would be quasi-judicial in nature and, therefore, I directed participants to direct comments
to the approval criteria and standards, and to raise any issues a participant wanted to preserve for appeal
if necessary. At the conclusion of the evidentiary Hearing, and at the request of the Applicant, I announced
that the record would remain open for written materials as follows: (1) any participant could submit
additional materials until October 9, 2023; (2) any participant could submit rebuttal materials until October
16, 2023 ("Rebuttal Period"); and (3) the Applicant could submit a final legal argument without new
evidence until October 23, 2023. Participants were further instructed that all submittals must be received
by the County by 4:00 p.m. on the applicable due date.
C. Nature of Decision
The Text Amendments involve changes only to the language of the Code. Due to the unique nature
of the AD Zone, the changes, if adopted, impact only one property owner — the City. This matter therefore
involves a threshold question of whether the Text Amendments are legislative, or whether they are quasi-
judicial in nature. As explained below, this is a unique situation in which the Text Amendments are both.
DCC 18.136.010 governs amendments to the Code:
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures
for text or legislative map changes shall be as set forth in DCC 22.12. A
request by a property owner for a quasi judicial map amendment shall be
accomplished by filing an application on forms provided by the Planning
Department and shall be subject to applicable procedures of DCC Title 22.
By its express teens, this provision states that the process for a text amendment is as set forth in DCC
22.12. But DCC 22.12 broadly governs "legislative" procedures. DCC 22.04.020 defines legislative
changes as follows:
Legislative changes generally involve broad public policy decisions that
apply to other than an individual property owner. These include, without
limitation, amendments to the text of the comprehensive plans, zoning
ordinances, or the subdivision or partition ordinance and changes in zoning
maps not directed at a small number of property owners.
As Staff points out in the Staff Report (attached to this decision as Exhibit B), the Text
Amendments do not fit squarely within this definition. Further, the Code does not expressly define "text
amendment" in the context of legislative changes or in the context of a quasi-judicial land use application,
even though DCC 22.12.030 allows an individual to seek legislative changes through an application
process. The Staff Report suggests that the Text Amendments should be processed in the same manner as
a quasi-judicial plan amendment, which is governed by DCC 22.28.030.
In support of its conclusion, Staff provides a detailed analysis under Strawberry Hill 4 Wheelers
v. Benton Co. Bd. of Conant., 287 Or 591, 601 P2d 769 (1979) ("Strawberry Hill 4 Wheelers"). In that
case, the Oregon Supreme Court set out a multi -factor test to determine what process applies to a land use
application:
Generally, to characterize a process as adjudication presupposes that the
process is bound to result in a decision and that the decision is bound to
apply preexisting criteria to concrete facts. The latter test alone [applying
preexisting criteria to concrete facts] proves too much; there are many laws
that authorize the pursuit of one or more objectives stated in general terms
without turning the choice of action into an adjudication. Thus a further
consideration has been whether the action, even when the governing criteria
leave much room for policy discretion, is directed at a closely circumscribed
factual situation or a relatively small number of persons. The coincidence
both of this factor and of preexisting criteria of judgment has led the court
to conclude that some land use laws and similar laws imply quasijudicial
procedures for certain local government decisions. Strawberry Hill 4
Wheelers at 602-03.
As Staff correctly notes, the Strawberry Hill 4 Wheelers decision sets out three factors which must be
considered:
1. Is the inquiry bound to result in a decision?
2. Are there preexisting criteria that are applied to concrete facts?
C!
3. Is the inquiry directed at a closely circumscribed factual situation or a relatively small
number of persons?
Although it is a close call, the Hearings Officer agrees with Staff that the three factors listed
above, in this case, warrant following a quasi-judicial process for the City's Application, at least initially.
First, even if the Text Amendments are legislative changes, the Code provides an opportunity for an
individual to make an application to initiate amendments. Whether the County approves or denies that
application, a decision will result, so the inquiry is bound to result in a decision. Second, the Code contains
preexisting criteria applicable to the City's request. Although those Code provisions are largely
procedural, the quasi-judicial process can determine if those requirements are met. Third, as already
acknowledged, this matter is directed at a relatively small number of persons because the City is the only
property owner within the AD Zone and, therefore, the only property owner directly impacted by the Text
Amendments.
At the same time, the Text Amendments carry the qualities of a legislative act. The language in
DCC 22.04.020 provides that legislative changes "generally involve broad public policy decisions that
apply to other than an individual property owner" (emphasis added), and that definition does not state that
decisions applicable to only one individual property owner cannot be legislative. Indeed, that Code
provision goes on to list examples of legislative decisions, including amendments to the text of zoning
ordinances.
An important component of DCC 22.12 is DCC 22.12.050, addressing final decisions. That Code
provision states that "[a]ll legislative changes shall be adopted by ordinance." That language does not
distinguish between purely legislative changes and those legislative changes that may be processed using
a quasi-judicial process. This makes sense because the DCC is adopted by ordinance, and any changes to
the text of the Code would be an amendment to that adopted ordinance. It also makes sense because ORS
215.503(2) requires that Jalll legislative acts relating to comprehensive plans, land use planning or zoning
adopted by the governing body of a county shall be by ordinance" (emphasis added).
Based on the foregoing, I find that, in this case, the adoption of text amendments proposed by an
applicant is a two-step process. In the first step of the process, the Applicant has a right under the Code to
submit and to have considered an application to amend the Code's text. This phase of the process is quasi-
judicial in nature and it is appropriate to have a hearing and to build a record following the principles of a
quasi-judicial process. As part of that process, the Hearings Officer is addressing the application only of
the County's exiting laws. The second step of the process is for the Deschutes County Board of
Commissioners ("County Board') to adopt an ordinance to incorporate any text amendments to the Code.
Amendments to the text of a zoning ordinance are a change in the County's law, and only the County
Board can make such a change. In other words, the Hearings Officer is without authority to amend the
County's Code. The Hearings Officer, however, can make a recommendation to the County Board based
on what develops in the quasi-judicial phase of the process. The County Board is free to accept or to reject
the Hearings Officer's recommendation.
5
III. FINDINGS AND CONCLUSIONS
A. Adoption and Incorporation of Findings in Staff Report
The Staff Report contains a comprehensive discussion and conclusion of the criteria applicable
to the Application. The vast majority of the conclusions in the Staff Report are not challenged in this
proceeding. I find that the Staff Report correctly lists the applicable criteria, and I hereby adopt the
discussion and conclusions in the Staff Report as my findings. The remainder of the findings in this
Recommendation are intended to supplement the Staff Report. To the extent any of the findings in this
Recommendation conflict with the discussion and conclusions in the Staff Report, the findings set forth
in this Recommendation control anything to the contrary in the Staff Report.
B. Issues Raised in Opposition to the Application
Other than the Applicant and Staff, only one individual participated in this proceeding. That
individual, Dorinne Tye, resides near the Airport and opposes the Application. The comments and
evidence submitted by participant Tye largely address health and safety concerns associated with aviation
activities in general. Very few, if any, of those comments identify a Code criterion they are intended to
address, and very few of those comments, if any, specifically address air traffic control towers. In the
findings below, I attempt to identify and address criteria that may be invoked by participant Tye's
testimony, and these findings explain why the issues raised by participant Tye do not undermine the
conclusions set forth in the Staff Report.
As an initial matter, there is some uncertainty as to whether participant Tye submitted all post -
Hearing materials in a timely manner. As explained at the conclusion of the Hearing, post -hearing
submittals were due at 4:00 p.m. on the applicable due date. For electronic submittals, the timing of a
submittal is determined based on the date and time the submittal is received by the County's servers.
Multiple submittals from participant Tye appear to have time stamps after 4:00 p.m. on the due date.
However, those submittals also appear to be re -submittals of items that were sent before the 4:00 p.m.
deadline but that may have been initially delivered to the wrong Staff email address. Because the record
is unclear whether the County's servers did not receive the submittals by the appropriate deadline, I am
allowing them to be included in the record.
The record also contains an email from participant Tye to Staff, dated October 16, 2023, stating a
desire to have "a few extra days to reply." It is not clear if that request was intended to be a request to the
Hearings Officer to modify the Rebuttal Period. Because this portion of the proceeding is being conducted
as a land use action, the hearing procedures are set forth in DCC Chapter 22.24. Within that Code chapter,
DCC 22.24.140 sets forth the specific basis for continuances and record extensions. Because participant
Tye does not identify a specific basis under the Code for seeking a record extension, the request, to the
extent it is one to the Hearings Officer, is subject to the discretion of the Hearings Officer. In light of the
fact that participant Tye was able to submit materials during the Rebuttal Period, and in the absence of
any particular information explaining what additional information would be provided that is not already
in the record, I find that it is not necessary to extend the record period and, therefore, decline that request.
0
As noted above, the majority of the comments opposing the Application are general in nature and
relate to health and safety issues, and those comments do not identify specific Code criteria on which the
Application should be analyzed. Indeed, most of the comments fail to recognize that the specific issue
before the County is a proposal to amend the text of the Code rather than an approval of a specific
development. Those comments also fail to recognize the purpose of the Text Amendments as allowing an
air traffic control tower as a permitted use, rather than amendments to Code language that alter whether
and how airplanes use the Airport — an activity that already occurs under the current Code.
One specific argument participant Tye makes is that the County should not approve any changes
to the Airport without first conducting a "cumulative impacts analysis" that considers factors like noise
and air emissions from airplanes. Like other comments, participant Tye does not identify any Code
provision that requires a cumulative impacts analysis before the County can adopt text changes to the
Code. On that basis alone, I find that this argument should be rejected. In the alternative, to the extent that
the cumulative impacts of flight operations should be considered, the record reveals that the purpose of
the Text Amendments is to allow the Applicant to better manage existing and planned air operations.
Participant Tye does not explain whether or how the Text Amendments themselves will add air operations
that are not already planned and, therefore, lead to the additional impacts as asserted. To the contrary, it
is the existing impacts from the Airport as it is currently developed that seem to be the center point of
participant Tye's arguments. As presented to the Hearings Officer, there is no basis to review the Airport's
current operations through this proceeding.
Another specific argument participant Tye makes relates to the adequacy of notice related to this
proceeding. However, that argument appears to assert that the notice of the Application and the Hearing
Notice are "unacceptable" rather than assert that they were not legally sufficient or otherwise did not occur
as required by the Code. To the contrary, participant Tye's comments acknowledge that the Hearing
Notice was given to property owners within 250 feet of the Subject Properties and 26 days prior to the
Hearing, both of which satisfy the Code's requirements.
Participant Tye's comments assert a general conflict of interest by an um -named member of the
County Board. The source of that conflict of interest appears to be that the Commissioner also serves on
the Redmond Airport Advisory Board, although that assertion, too, is not clear. I find that any arguments
relating to conflicts of interest are not well formulated and, therefore, impossible for me to address in these
findings. To the extent that a different decision maker has a conflict of interest, that issue can be raised if
and when this matter comes before that decision maker.
Participant Tye submitted several comments relating to the behavior of pilots using the Airport.
Those comments, however, do not explain what relationship individual pilot behavior has to the Text
Amendments. Without such an explanation, I find that this argument is not well formulated and, therefore,
impossible for me to address in these findings.
Participant Tye makes several comments, the theme of which is that an air traffic control tower is
merely a desire of the Applicant and not actually needed for the Airport. Those comments, however, do
not identify a Code provision that requires a text amendment to allow only those uses that are needed, or
that prohibits a text amendment to allow a use that is desirable even if it is not needed. Further, whether
an air traffic control tower is needed appears to be a question for the Airport operator and the entities that
regulate the Airport's operations. As proposed, the Text Amendments and Code still require the Airport
operator to comply with all federal and state laws. Thus, to the extent the need for an air traffic control
tower is relevant, that decision would be made in a different venue.
Participant Tye makes several generic assertions that the Text Amendments are not consistent with
Statewide Planning Goals ("Goal"). One specific argument participant Tye makes is that the Text
Amendments violate Goal 1, the language of which aims to "develop a citizen involvement program that
ensures the opportunity for citizens to be involved in all phases of the planning process." Participant Tye
appears to take issue with how the Airport's master plans have been developed and, as noted above, the
type of notice provided for the Hearing. I agree with the finding in the Staff Report, however, that the
process for adopting the Text Amendments complies with Goal 1 "because the County is relying on its
citizen involvement program and land use procedures ordinance to conduct public review of these
amendments." Further, even if the development of the Airport's master plans was relevant, the Applicant
provided evidence of the myriad of ways in which the public is involved in that process.
Participant Tye asserts the Text Amendments do not comply with Goal 3 (and its related statutes),
the language of which aims to "preserve and maintain agricultural lands." The specific assertion relating
to Goal 3 appears to be that the Applicant has not addressed ORS 215.243.2 That statute, however, is a
legislative policy statement, which provides guidance on the intent of other language in ORS Chapter 215.
ORS 215.243 does not appear to impose any specific requirements with respect to the County's ability to
adopt Text Amendments relating to land that is not zoned for farm use, nor does participant Tye attempt
to identify any such requirement. Participant Tye does describe potential impacts on farming resulting
from airplane operations. As the Staff Report notes, however, there do not appear to be any operating
characteristics of an air traffic control tower (the subject of the Text Amendments) that would impact
nearby farm properties.
Participant Tye asserts that the Text Amendments do not comply with Goal 5 and Goal 6, but does
not explain why. The insinuation in the testimony is that airplane operations potentially impact historic
buildings, natural resources such as wildlife, and environmental quality. However, as noted in the Staff
Report, Goal 5 is not directly applicable to the Text Amendments because they do not include any changes
to the County's Goal 5 inventories. Further, in the absence of any specific assertion that an air traffic
control tower itself would impact an inventoried Goal 5 resource, I find that this argument is not well
formulated and cannot otherwise be addressed in these findings. For a similar reason, I find that participant
Tye's arguments relating to Goal 6 are unavailing, because they do not assert that an air traffic control
tower itself will cause any harm to air or water quality.
Participant Tye asserts that the Text Amendments do not comply with Goal 12, which aims to
provide and encourage a safe, convenient and economic transportation plan. In support of the Applicant,
the Applicant provided a Traffic Impact Analysis ("TIA"). The Applicant also submitted a revised TIA
based on initial comments it received from the County's transportation planning staff. The County's
Senior Transportation Planner reviewed the TIA as revised and agreed with its assumptions, methodology,
and conclusions, which demonstrate compliance with the applicable provisions of Goal 12 as implemented
2 Participant Tye cites to ORS 215.241, but that appears to be a typo and the statutory language quoted in the testimony mirrors
the language in ORS 215.243.
8
through state administrative rules. Participant Tye expresses disagreement with the outcome of the TIA,
but does not identify any purported errors in the TIA. Participant Tye does question whether the number
of employees associated with an air traffic control tower is an accurate assumption in the TIA. However,
the record reveals that the number of employees assumed in the TIA — five — is based on a literature review
and engineering studies. In the absence of any counter evidence as to the appropriate number of employees
that should be used in the TIA, I find that the preponderance of the evidence in this record demonstrates
that five employees is an appropriate number to use in the TIA.
Based on the foregoing,3 I find that the adoption of the Text Amendments will be consistent with
the Goals.
V. CONCLUSION AND RECOMMENDATION
Based on the Findings above, the Applicant's proposed amendments to DCC Chapter 18.76 and
DCC Chapter 18.80 comply with the County's provisions for amending the Code. The Hearings Officer
therefore recommends that the Deschutes County Board of Commissioners adopts the amendments
presented in Exhibit A by ordinance unless the Board of Commissioners determines there is a legislative
reason not to adopt the amendments.
Dated this 20th day of November 2023
Tommy A. Brooks
Deschutes County Hearings Officer
Attachment:
Exhibit A — Text Amendments
Exhibit B — Staff Report
3 Participant Tye mentions other Goals, but does so without a well formulated argument for why those Goals are not met. For
example, with respect to Goal 10 relating to housing, participant Tye makes statements like "calling our farms `suburban' in
documents is damaging to our housing...." Such a statement does not present an argument supporting a conclusion that the
Text Amendments violate Goal 10, and I find that it is not possible to further address those statements in these findings.
Exhibit A: Proposed Text Amendments
Chapter 18.76, Airport Development Zone
18.76.015 Definitions
The following definitions apply only to Chapter 18.76.
"Air Traffic Control Tower" means_ a terminal facility which, through the use of air round
communications visual signaling and other devices, provides air traffic control services to airborne
aircraft operating in the vicinity of an airport and to aircraft operating on the airport movement area.
"Customary and usual aviation -related activities" include, but are not limited to, takeoffs, landings,
aircraft hangars, tiedowns, construction and maintenance of airport facilities, fixed -base operator
facilities, a residence for an airport caretaker or security officer, and other activities incidental to the
normal operation of an airport. Residential, commercial, industrial, manufacturing; and other uses,
except as provided in this rule, are not customary and usual aviation -related activities and may only be
authorized pursuant to OAR 660-013-0110.
"Fixed -base operator or FBO" means a commercial business granted the right by the airport sponsor to
operate on an airport and provide aeronautical services such as fueling, hangaring, tie -down and
parking, aircraft rental, aircraft maintenance, flight instruction, etc.
"Hangar" means an airport structure intended for the following uses:
1. Storage of active aircraft.
2. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of
nonoperational aircraft.
3. Construction of amateur -built or kit -built aircraft
4. Storage of aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and
tools and materials used to service, maintain, repair or outfit aircraft: items related to ancillary
or incidental uses that do not affect the hangars' primary use.
5. Storage of materials related to an aeronautical activity, e.g., balloon and skydiving equipment,
office equipment, teaching tools, and materials related to ancillary or incidental uses that do not
affect the hangars' primary use; storage of non -aeronautical items that do not interfere with the
primary aeronautical purpose of the hangar (for example, televisions, furniture).
6. A vehicle parked at the hangar while the aircraft usually stored in that hangar is flying, subject to
local airport rules and regulations.
7. A hangar may include restrooms, pilot lounge, offices, briefing rooms, and crew quarters.
18.76.030 Uses Permitted Outright
The following uses and their accessory uses are permitted outright in all of the Airport Districts:
A. 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.
B. Class III road or street project.
C. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
D. Farm use as defined in DCC Title 18.
E. Customary and usual aviation -related activities.
F. Hangars are subject to the standards and criteria established by DCC 18.76.105.
G. A single air traffic control tower in the Airport Development Zone, no higher than 115 feet in
hei ht
18.76.050 Use Limitations
The following limitations and standards shall apply to all permitted uses in the Airport Districts:
A. The height of any plant growth or structure or part of a structure such as chimneys, towers,
antennas, power lines, etc., shall not exceed 35 feet.
B. A single air traffic control tower unto 115 feet in height shall not require a height exception or
variance.
C. 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.
D. All parking demand created by any use permitted by DCC 18.76 shall be accommodated on the
subject premises entirely off-street.
E. No use permitted by DCC 18.76 shall require the backing of traffic onto a public or private street
or road right of way.
F. No power lines shall be located in clear zones.
G. No use shall be allowed which is likely to attract a large quantity of birds, particularly birds
which normally fly at high altitudes.
Chapter 18.80, Airport Safety Combining Zone
18.80.022 Definitions
A. Air Traffic Control Tower. A terminal facility which, through the use of air ground
communications, visual signaling, and other devices, provides air traffic control services to
airborne aircraft operating in the vicinity of an airport and to aircraft operating on the airport
movement area.
B. Aircraft. Helicopters and airplanes, but not hot air balloons or ultralights. (Balloons are governed
by FAR Part 30, and ultralights by FAR Part 103. Ultralights are basically unregulated by the FAA.)
C. Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land
used in connection with the aircraft landing or taking off from the strip of land, including but not
limited to land used for existing airport uses.
D. Airport Direct Impact Area. The area located within 5,000 feet of an airport runway, excluding
lands within the runway protection zone and approach surface. (Redmond, Bend, and Sunriver)
E. Airport Elevation. The highest point of an airport's usable runway, measured in feet above mean
sea level.
F. Airport Imaginary Surfaces (and zones). Imaginary areas in space and on the ground that are
established in relation to the airport and its runways.
For the Redmond, Bend, Sunriver and Sisters airports, the imaginary surfaces are defined by the
primary surface, runway protection zone, approach surface, horizontal surface, conical surface
and transitional surface.
For the Cline Falls and Juniper airports, the imaginary areas are only defined by the primary
surface and approach surface.
G. Airport Noise Criterion. The State criterion for airport noise is an Average Day -Night Sound Level
(DNL) of 55 decibels (dBA). The Airport Noise Criterion is not designed to be a standard for
imposing liability or any other legal obligation except as specifically designated pursuant to OAR
340, Division 35.
H. Airport Noise Impact Boundary. Areas located within 1,500 feet of an airport runway or within
established noise contour boundaries exceeding 55 DNL.
I. Airport Safety Combining Zone (AS Zone). A Deschutes County zone intended to place additional
land use conditions on land impacted by the airport while retaining the existing underlying zone.
The airport imaginary surfaces, impact areas, boundaries and their use limitations comprise the
AS Zone. The AS Zone may apply to either public -use or private -use airports.
J. Airport Secondary Impact Area. The area located between 5,000 and 10,000 feet from an airport
runway. (Redmond, Bend, and Sunriver)
K. Airport Sponsor. The owner, manager, or other person or entity designated to represent the
interests of an airport.
L. Airport Uses. Those uses described in OAR 660-013-0100 and 660-013-0110.
M. Approach Surface. A surface longitudinally centered on the extended runway centerline and
extending outward and upward from each end of the primary surface.
For Redmond, Bend, Sunriver, and Sisters airports:
1. The inner edge of the approach surface is the same width as the primary surface and it
expands uniformly to a width of:
a. 1,250 feet for a utility runway having a visual approach;
b. 1,500 feet for other than a utility runway having a visual approach;
c. 2,000 feet for a utility runway having a non -precision instrument approach;
d. 3,500 feet for a non -precision instrument runway, other than utility, having
visibility minimums greater than three -fourths statute mile;
e. 4,000 feet for a non -precision instrument runway, other than utility, having
visibility minimums at or below three -fourths statute mile; and
f. 16,000 feet for precision instrument runways.
2. The approach surface extends for a horizontal distance of
a. 5,000 feet at a slope of 20 feet outward for each foot upward for all utility
runways;
b. 10,000 feet at a slope of 34 feet outward for each foot upward for all non -
precision instrument runways, other than utility; and
c. 10,000 feet at a slope of 50 feet outward for each one foot upward, with an
additional 40,000 feet at slope of 40 feet outward for each one foot upward, for
precision instrument runways.
3. The outer width of an approach surface will be that width prescribed in DCC
18.80.0224 4M(3) for the most precise approach existing or planned for that runway
end.
For the Cline Falls and Juniper airports:
4. The inner edge of the approach surface is the same width as the primary surface and it
expands uniformly to a width of 450 feet for that end of a private use airport with only
visual approaches. The approach surface extends for a horizontal distance of 2,500 feet
at a slope of 20 feet outward for each one foot upward.
N. Average Day -Night Sound Level (DNL). Average day -night sound level is the FAA standard
measure for determining the cumulative exposure of individuals to noise. DNL is the equivalent
of noise levels produced by aircraft operations during a 24-hour period, with a ten -decibel
penalty applied to the level measured during nighttime hours (10:00 p.m. to 7:00 am).
O. Conical Surface. An element of the airport imaginary surfaces that extends outward and upward
from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000
feet and to a vertical height of 350 feet above the airport elevation.
P. Department of Aviation. The Oregon Department of Aviation, formerly the Aeronautics Division
of the Oregon Department of Transportation.
Q. FAA. Federal Aviation Administration.
R. FAA's Technical Representative. As used in DCC 18.80, the federal agency providing the FAA with
expertise on wildlife and bird strike hazards as they relate to airports. This may include, but is
not limited to, the USDA -APHIS -Wildlife Services
S. FAR. Regulation issued by the FAA.
T. FAR Part 77. Regulation, Part 77, "Objects Affecting Navigable Airspace," establishes standards
for determining obstructions to navigable airspace.
U. Height. The highest point of a structure or tree, plant or other object of natural growth,
measured from mean sea level.
V. Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the
perimeter of which is constructed by swinging arcs of specified radii from the center of each end
of the primary surface of each runway of each airport and connecting the adjacent arcs by lines
tangent to those arcs. The radius of each arc is:
1. 5,000 feet for all runways designated as utility.
2. 10,000 feet for all other runways.
3. The radius of the arc specified for each end of a runway will have the same arithmetical
value. That value will be the highest determined for either end of the runway. When a
5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs,
the 5,000-foot arc shall be disregarded on the construction of the perimeter of the
horizontal surface.
W. Non -precision Instrument Runway. A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight -in non -precision instrument approach has been approved, or
planned, and for which no precision approach facilities are planned or indicated on an FAA -
approved airport layout plan or other FAA planning document.
X. Non -Towered Airport. An airport without an existing or approved control tower on June 5, 1995..
Y. Obstruction. Any structure or tree, plant or other object of natural growth that penetrates an
imaginary surface.
Z. Other than Utility Runway. A runway that is constructed for and intended to be used by turbine -
driven aircraft or by propeller -driven aircraft exceeding 12,500 pounds gross weight.
AA. Precision Instrument Runway. A runway having an existing instrument approach procedure
utilizing air navigation facilities that provide both horizontal and vertical guidance, such as an
Instrument Landing System (ILS) or Precision Approach Radar (PAR). It also means a runway for
which a precision approach system is planned and is so indicated by an FAA -approved airport
layout plan or other FAA planning document.
BB. Primary Surface. A surface longitudinally centered on a runway.
For the Redmond, Bend, Sunriver, and Sisters airports, when a runway has a specially prepared
hard surface, the primary surface extends 200 feet beyond each end of that runway. When a
runway has no specially prepared hard surface, or planned hard surface, the primary surface
ends at each end of that runway. The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway centerline. The width of the primary surface
is:
1. 250 feet for utility runways with only visual approaches,
2. 500 feet for utility runways having non -precision instrument approaches,
3. 500 feet for other than utility runways having non -precision instrument approaches with
visibility minimums greater than three -fourths statute mile, and
4. 1,000 feet for non -precision instrument runways with visibility minimums at or below
three -fourths statute mile, and for precision instrument runways.
For the Cline Falls and Juniper airports, the primary surface ends at each end of a runway. The elevation
of any point on the primary surface is the same as the elevation of the nearest point on the runway
centerline. The width of the primary surface is 200 feet.
CC. Public Assembly Facility. A permanent or temporary structure or facility, place or activity where
concentrations of people gather in reasonably close quarters for purposes such as deliberation,
education, worship, shopping, employment, entertainment, recreation, sporting events, or
similar activities. Public assembly facilities include, but are not limited to, schools, religious
institutions or assemblies, conference or convention facilities, employment and shopping
centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places,
but do not include parks, golf courses or similar facilities unless used in a manner where people
are concentrated in reasonably close quarters. Public assembly facilities also do not include air
shows, structures or uses approved by the FAA in an adopted airport master plan, or places
where people congregate for short periods of time such as parking lots or bus stops.
DD. Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its
length.
EE. Runway Protection Zone (RPZ). An area off the runway end used to enhance the protection of
people and property on the ground. The RPZ is trapezoidal in shape and centered about the
extended runway centerline. The inner width of the RPZ is the same as the width of the primary
surface. The outer width of the RPZ is a function of the type of aircraft and specified approach
visibility minimum associated with the runway end. The RPZ extends from each end of the
primary surface for a horizontal distance of:
1. 1,000 feet for utility runways.
2. 1,700 feet for other than utility runways having non -precision instrument approaches.
3. 2,500 feet for precision instrument runways.
[NOTE: the outer width of the RPZ is specified by airport type in OAR 660, Division 13,
Exhibit 4]
FF. Significant. As it relates to bird strike hazards, "significant" means a level of increased flight
activity by birds across an approach surface or runway that is more than incidental or
occasional, considering the existing ambient level of flight activity by birds in the vicinity.
GG. Structure. Any constructed or erected object, which requires a location on the ground or is
attached to something located on the ground. Structures include but are not limited to
buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth
formations and overhead transmission lines. Structures do not include paved areas.
HH. Transitional Surface. Those surfaces that extend upward and outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of seven feet horizontally for
each foot vertically from the sides of the primary and approach surfaces to the point of
intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces which project through and beyond the limits of the conical
surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach
surface and at a 90-degree angle to the extended runway centerline.
II. Utility Runway. A runway that is constructed for and intended to be used by propeller driven
aircraft of 12,500 maximum gross weight and less.
JJ. Visual Runway. A runway intended solely for the operation of aircraft using visual approach
procedures, where no straight -in instrument approach procedures or instrument designations
have been approved or planned, or are indicated on an FAA -approved airport layout plan or any
other FAA planning document.
KK. Water Impoundment. Includes wastewater treatment settling ponds, surface mining ponds,
detention and retention ponds, artificial lakes and ponds, and similar water features. A new
water impoundment includes an expansion of an existing water impoundment except where
such expansion was previously authorized by land use action approved prior to the effective
date of this ordinance.
18.80.028 Height limitations
All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028.
When height limitations of the underlying zone are more restrictive than those of this overlay zone, the
underlying zone height limitations shall control. [ORS 836.619; OAR 660-013-0070]
A. Except as provided in DCC 18.80.028la-Qb no structure or tree, plant or other object of natural
growth shall penetrate an airport imaginary surface. [ORS 836.619; OAR 660-013-0070(1)]
B. For areas within airport imaginary surfaces but outside the approach and transition surfaces,
where the terrain is at higher elevations than the airport runway surfaces such that existing
structures and permitted development penetrate or would penetrate the airport imaginary
surfaces, a local government may authorize structures up to 35 feet in height.
C. Other height exceptions or variances may be permitted when supported in writing by the airport
sponsor, the Department of Aviation and the FAA. Applications for height variances shall follow
the procedures for other variances and shall be subject to such conditions and terms as
recommended by the Department of Aviation and the FAA (for Redmond, Bend and Sunriver.)
D. A single air traffic control tower may be up to 115 feet in height.
18.80.044 Land Use Compatibility
Applications for land use or building permits for properties within the boundaries of this overlay zone
shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise,
the Planning Director or Hearings Body is required to take actions that eliminate or minimize the
incompatibility by choosing the most compatible location or design for the boundary or use. Where
compatibility issues persist, despite actions or conditions intended to eliminate or minimize the
incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except
where the action results in loss of current operational levels and/or the ability of the airport to grow to
meet future community needs. Reasonable conditions to protect the public safety may be imposed by
the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080] An air traffic
control tower as defined in DCC 18.80.022, is not subject to this section.
18.80 Declaration Of Anticipated Noise
As a condition of the grant of development approval pursuant to DCC 18.80, the undersigned,
hereinafter referred to as Grantor hereby covenants and agrees that it shall not, by reason of their
ownership or occupation of the following described real property, protest or bring suit or action against
the [Name of Airport] or Deschutes County, for aviation -related noise, including
property damage or personal injury from said noise connected when such activities conform to:
1. Airport activities lawfully conducted in connection with a pre-existing airport, as that term is defined
in DCC 18.80.02204JQ, at the described airport; or 2. Airport activities that might be lawfully conducted
in the future at the described airport under County or State permits or exemptions.
The real property of Grantor subject to this covenant and agreement is situated in Deschutes County,
State of Oregon, and described as set forth in that certain [Statutory Warranty Deed] dated [date], as
record in [the Official Records of Deschutes County as instrument number 20xx-xxxxx] OR [Volume xx,
Page xx of the Deschutes County Board of Records];.
Grantor acknowledge that by virtue of such grant he/they have no remaining rights to complain or
protest about the protected activities described above.
This Declaration of Anticipated Noise runs with the land and is binding upon the heirs, successors and
assigns of the undersigned's interest in the described real property or any persons acquiring through he
undersigned an interest in the described real property.
Deschutes County requires the execution of this covenant and agreement by the Grantor as a pre-
requisite to Deschutes County approving a partition, subdivision, or issuing a building permit for
Grantor's development on the above described real property, which real property is located within the
noise impact boundary of the
protection and benefit of the
[Name of Airport]. This Declaration is executed for the
[Name of Airport] and Deschutes County's interest in
said airport and to prevent development in adjacent lands to said airport which will interfere with the
continued operation existent and development of said airport.
Dates this day of , 20
Grantor [Name]
[insert notarial certificate]
COMMUNITY DEVELOPME Y
STAFF REPORT
AIRPORT DEVELOPMENT ZONE CONTROL TOWER TEXT AMENDMENT
FILE NUMBER(S): 247-23-000470-TA
SUBJECT PROPERTY: The Airport Development (AD) Zone encompasses the Bend Municipal
Airport (Airport), which includes the following addresses and tax lots:
63155 Gibson Air Rd - 1713200000200
• 63110 Powell Butte Hwy - 1713200000201
• 63205 Gibson Air Rd - 171317C000100
• 63482 Powell Butte Hwy - 1713170000200
22550 Nelson PI - 1713200000202
63144 Powell Butte Hwy - 1713200000300
APPLICANT: City of Bend
REQUEST: Amendments to Deschutes County Code (DCC) Chapters 18.04, Title
Purpose and Definitions; Chapter 18.76, Airport Development Zone;
Chapter 18.80, Airport Safety Combining Zone; and Chapter 18.120,
Exceptions. The proposed amendments will modify the DCC to add a
definition of an air traffic control tower, establish air traffic control
towers as a use permitted outright in the Airport Development Zone,
and modify the height limit to allow air traffic control towers up to 115
feet in height.
STAFF CONTACT: Audrey Stuart, Associate Planner
Phone: 541-388-6679
Email: Audrey.Stuart@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutes.org/cd/page/247-23-000470-ta-%E2%80%93-
air-traffic-control-tower-text-amendment
I. APPLICABLE CRITERIA
Deschutes County Code
Title 18, Deschutes County Zoning Ordinance:
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
N(541)388-6575 @cdd@deschutes.org @www.deschutes.org/cd
Chapter 18.04, Title, Purpose and Definitions
Chapter 18.76, Airport Development Zone
Chapter 18.80, Airport Safety Combining Zone (AS)
Chapter 18.120, Exceptions
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
Oregon Revised Statutes
ORS 836.610
ORS 836.616
Oregon Administrative Rules
OAR Chapter 660, Division 013
II. BASIC FINDINGS
LOT OF RECORD: The Bend Municipal Airport consists of multiple legal lots of record through
previous land use decision issued by Deschutes County. In addition, DCC 22.04.040(B) does not
require lot of record verification for Text Amendment applications.
SITE DESCRIPTION: The AD Zone encompasses the Airport, which has a total area of 340 acres. The
AD Zone is comprised of three zoning districts —Airfield Operations District (AOD), Aviation Support
District (ASD), and Aviation -Related Industrial District (ARID). The Bend Municipal Airport is
developed with a number of aviation -related uses including taxiways, runways, a helipad, internal
roads and parking areas, and a number of structures. Powell Butte Highway, a Rural Arterial, runs
along the west boundary of the airport property and Gibson Air Road is a private road within the
airport property.
PROPOSAL: The submitted Burden of Proof includes the following background on why this Text
Amendment is necessary for the Airport:
The applicant proposes several amendments to the text of the Deschutes County Zoning
Ordinance that would allow construction of an air traffic control tower at the Bend Municipal
Airport. The City of Bend has established a need for an [Air Traffic Control Tower] ATCT at the
Bend Municipal Airport, and the Federal Aviation Administration (FAA) has accepted the airport
as a candidate in the Federal Contract Tower Program. The proposed amendments to the
Deschutes County Zoning Ordinance would allow the City to establish an air traffic control
tower at the Bend Airport, and to a height no greater than 115 feet. This proposed height
would provide for a cab level height of 85 feet from which air traffic controllers could direct
aircraft operations (takeoffs, landings) at the airport.
The proposed language of the Text Amendment is included as Exhibit 1 and summarized as follows:
• The Applicant proposes to add the Federal Aviation Administration (FAA) definition for Airport
Traffic Control Tower.'
1 Reference FAA website: https://aspm.faa.gov/aspmhelp/index/Glossary.html
247-23-000470-TA Page 2 of 23
• The Applicant proposes to add an Air Traffic Control Tower as anew use permitted outright in
the AD Zone.
• The Applicant proposes to allow Air Traffic Control Towers up toll 5 feet in height.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on July 5, 2023, to several public
agencies and received the following comments:
Deschutes County Senior Transportation Planner, Tarik Rawlings, August 17, 2023 Comments
I have reviewed the application materials for a control tower at the Bend Airport (File 247-
23-000470-TA) and it appears that the application may not be complete where it pertains to
the Transportation Planning Rule (OAR 660-012-060) for the following reasons. The
application addresses Goal 12 (Transportation) on pages 10-11. Under the Goal 12 findings,
the burden of proof states there will be five (5) staff resulting in 10 new daily trips. It is
unclear where that number of employees came from; perhaps there are standard staffing
levels recommended or required by the FAA for aircraft control towers based on number of
operations, i.e., takeoffs and landings. For the purpose of this comment, staff utilizes the
applicant's assumption for five (5) employees.
The submitted analysis does not appear to review potentially affected County intersections.
The application materials do not appear to have a site plan and, as a result, it is unclear to
staff how the five employees may enter the Bend Airport. Potential intersections that could
be utilized by the employees are Powell Butte Hwy/Bend Airport driveway; Nelson
Road/Nelson Place; Nelson/Gibson Air Road; McGrath Road/Rotor Way. To answer the TPR
questions posed by OAR 660-012-060(1)(c)(B) and (C), the applicant should provide at least
minimal traffic analysis related to the proposal. Examples could include, but not be limited
to, current operational level of the selected intersection(s); projected operation based on the
current TSP; and number of employee trips sent to the selected intersection(s), and resulting
operations of those intersections. The applicant has addressed the trip generation portion
of analysis in projecting 10 new trips but the applicant should also provide additional analysis
related to the existing volumes and operations of the affected roadway segments and/or
intersections. Examples of needed information would be Average Daily Traffic (ADT), whether
the acknowledged 2020-2040 TSP has identified any failing intersections or road segments
or whether these intersections or road segments meet County performance standards; if
there are deficiencies, identify if there are already programmed or planned improvement to
mitigate the deficiencies, etc. It would also be helpful if the applicant could provide more
information about the hours during which the proposed tower will be staff, including any
applicable FAA recommendations, if available.
This additional analysis could be included in a brief trip generation memo given the small
number of new trips associated with the proposal.
Deschutes County Senior Transportation Planner, Tarik Rawlings, September 18, 2023 Comments
247-23-000470-TA Page 3 of 23
have reviewed Mr. Bessman's September 6, 2023, Traffic Impact Analysis related to County
file no. 247-23-000370-TA and I agree with the assumptions, methodology, and conclusions
contained therein. As Mr. Bessman utilizes the 2040 planning horizon year (reflective of the
most recent data included in the County's forthcoming Transportation System Plan update)
this analysis appears to comply with relevant criteria. Mr. Bessman utilizes the acceptable
road segment standard of 13,900 Average Daily Trips (ADT) which is incorporated into the
County's most recent 2020-2040 Transportation System Plan. The literature review and
engineering studies referenced in relation to staffing numbers and associated peak hour
trips (5 employees and 5 total p.m. peak hour trips) are adequate. Staff agrees with Mr.
Bessman's summary of Transportation Planning Rule (TPR) Compliance and finds that
relevant TPR provisions appear to be satisfied through the submittal of this additional
information.
The subject Text Amendment will not absorb any road capacity as that term is commonly
accepted and, therefore, no SDC fees are associated with the subject Text Amendment at
this time.
Central Oregon Irrigation District, Spencer Stauffer
Please be advised that Central Oregon Irrigation District (COID) has reviewed the application
received on July 10, 2023, for the above referenced project located tax lots 1713200000200,
1713200000201, 171317C000100, 1713170000200, 1713200000202, 1713200000300, The
applicant is requesting Amendments to Deschutes County Code (DCC) Chapters 18.04, Title
Purpose and Definitions, Chapter 18.76, Airport Development Zone, Chapter 18.80, Airport
Safety Combining Zone, and Chapter 18.120, Exceptions. The proposed amendments will
modify DCC to add a definition of an air traffic control tower, establish air traffic control
towers as a use permitted outright in the Airport Development Zone, and modify the height
limit so that air traffic control towers can be up to 115 feet in height.
There are 0.84 acres COID mapped water rights appurtenant to tax lot 1713200000202.
There are 2.5 acres of mapped pond water rights appurtenant to tax lot 1713200000200.
Please note, COID's B-Lateral enters tax lot 1713200000200 in its southwest corner. The B-
lateral travels east through tax lot 1713200000202 before continuing east through tax lot
1713200000200. The B-Lateral then turns north before leaving tax lot 1713200000200 to the
east. The B-Lateral has a 30-foot right of way easement, 15-feet either side of the center of
the pipe. The B-Lateral also has a 20-foot road easement on the east side of the pipe. That
road easement is not utilized.
Listed below are COIDs initial comments to the provided application. All development
affecting irrigation facilities shall be in accordance with COID's Development Handbook
and/or as otherwise approved by the District.
Tax Map 1713200000202 has 0.84 acres of appurtenant COID irrigation water
mapped to a specific place of use. Construction of a structure, driveway, or other
impermeable surface on top of a mapped water right is not allowed.
247-23-000470-TA Page 4 of 23
• The application will not impact COID facilities or water rights. Should the plans
change, please contact COID to determine if COID water rights or facilities will be
impacted.
• Irrigation infrastructure and rights -of -way are required to be identified on all maps
and plans.
• No structures or encroachment of any kind, including fence or crossing, are permitted
within COID property/easement/right of way without written permission from this
office.
• Comply with Requirements of COID Developer Handbook including restriction on
drilling / blasting and excavation within and adjacent to the existing canal
embankment.
• Policies, standards and requirements set forth in the COID Developer Handbook must
be complied with.
Our comments are based on the information provided, which we understand to be
preliminary nature at this time. Our comments are subject to change and additional
requirements may be made as site planning progresses and additional information becomes
available. Please provide updated documents to COID for review as they become available.
Deschutes County Building Division, Randy Scheid
The Deschutes County Building Safety Divisions code mandates that Access, Egress,
Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed
during the appropriate plan review process with regard to any proposed structures and
occupancies.
Accordingly, all Building Code required items will be addressed, when a specific structure,
occupancy, and type of construction is proposed and submitted for plan review.
Oregon Department of Aviation, Brandon Pike
I took a look through the ATCT Siting Report prepared by the applicant, and I don't envision
ODAV having any issues with this. We would be OK with an exemption for the ATCT height,
whether through a variance or codified through a text amendment. And, yes, you're correct
that OAR 660-013-0070 requires the FAA, ODAV, and the airport sponsor to sign off on
exceptions to this rule. We would need them to go through the usual Notice of Construction
process through ODAV and FAA; that's how the FAA and ODAV would formally sign off on the
development.
The highest point on the tower will be approximately 11 5'above ground level (AGL), correct?
I believe that's what I saw in the Siting Report.
Regarding a definition for an ATCT, I would take a look at this webpage from the FAA:
https://aspm.faa.gov/aspmhelp/index/Glossary.html
247-23-000470-TA Page 5 of 23
Their definition is as follows: A terminal facility which, through the use of air/ground
communications, visual signaling, and other devices, provides air traffic control services to
airborne aircraft operating in the vicinity of an airport and to aircraft operating on the
movement area.
think it will be important to be very clear in your text amendment to identify that it's only
ATCTs that are allowed to exceed the height limit.
The following agencies did not respond to the notice: Bend Fire Department, Bend Municipal
Airport, Bureau of Land Management, City of Bend Growth Management Department, Deschutes
County Assessor, Deschutes County Road Department, District 11 Watermaster, and Office of the
State Fire Marshal.
PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners
within 250 feet of the subject property on July 5, 2023. The Applicant also complied with the posted
notice requirements of Section 22.24.030(B) of Title 22. The Applicant submitted a Land Use Action
Sign Affidavit indicating the Applicant posted notice of the land use action on August 11, 2023. No
public comments were received.
NOTICE REQUIREMENT: On September 7, 2023, the Planning Division mailed a Notice of Public
Hearing to all property owners within 250 feet of the subject property and public agencies. A Notice
of Public Hearing was published in the Bend Bulletin on Sunday, September 10, 2023. Notice of the
first evidentiary hearing was submitted to the Department of Land Conservation and Development
on August 26, 2023.
REVIEW PERIOD: According to Deschutes County Code 22.20.040(D), the review of the proposed
quasi-judicial Text Amendment application is not subject to the 150-day review period.
III. FINDINGS & CONCLUSIONS
Title 18 of the Deschutes County Code, County Zoning
Chapter 18.136, Amendments
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property owner
for a quasi-judicial map amendment shall be accomplished by filing an application on
forms provided by the Planning Department and shall be subject to applicable procedures
of DCC Title 22.
247-23-000470-TA Page 6 of 23
FINDING: The Applicant, as the property owner, has requested a quasi-judicial Text Amendment
and filed the corresponding application. The Applicant has filed the required land use application
forms for the proposal. The application will be reviewed utilizing the applicable procedures
contained in Title 22 of the Deschutes County Code.
DCC 22.04.020 includes the following definition:
"Quasi-judicial" zone change or plan amendment generally refers to a plan amendment or
zone change affecting a single or limited group of property owners and that involves the
application of existing policy to a specific factual setting. (The distinction between legislative
and quasi-judicial changes must ultimately be made on a case -by -case basis with reference
to case law on the subject.)
The subject application is not a request to change the zoning or Comprehensive Plan designation
of the subject property. However, as described below, the quasi-judicial process of a Comprehensive
Plan Amendment is the most applicable guidance regarding Text Amendments that are not squarely
legislative. Therefore, staff includes the definition of a quasi-judicial process above for reference
and also addresses the provisions of DCC 22.28.030, regarding final action on Comprehensive Plan
amendments. The Airport most recently went through a Text Amendment in Deschutes County file
247-20-000482-TA. The Hearings Officer decision for file 247-20-000482-TA made the following
findings regarding whether the application should be processed as a quasi-judicial Text
Amendment:
Based on the foregoing, the Hearings Officer finds that, in this case, the ultimate adoption of
the Text Amendments is a two-step process. The role of the Hearings Officer is to apply the
law, not to change it. In the first step of the process, the Applicant has a right under the DCC
to submit and to have considered an application to amend the Code's text. This phase of the
process is quasi-judicial in nature and it is appropriate to have a hearing and to build a record
following the principles of a quasi-judicial process. As part of that process, the Hearings
Officer is addressing the application of the County's exiting laws. The second step of the
process is for the Deschutes County Board of Commissioners ("Board') to adopt an ordinance
to incorporate any text amendments to the Code. Amendments to the text of a zoning
ordinance are a change in the County's law, and only the Board can make such a change. In
other words, the Hearings Officer is without authority to amend the County's Code. The
Hearings Officer, however, can make a recommendation to the Board based on what
develops in the quasi-judicial phase of the process.
The Oregon Supreme Court case Strawberry Hill Wheelers provides guidance on how to distinguish
between a legislative and quasi-judicial process, and outlines a three-part test that continues to be
applied throughout case law. The Court of Appeals applied and expanded on the Strawberry Hill 4
Wheelers decision in Hood River Valley v. Board of Cty. Commissioners, 193 Or App 485, 495, 91 P3d
748 (2004):
Given those concerns, "[t]he fact that a policymaking process is circumscribed by * * *
procedural requirements [such as public hearings] does not alone turn it into an
247-23-000470-TA Page 7 of 23
adjudication." Id. at 604. Rather, at least three other considerations generally bear on the
determination of whether governmental action represented an "exercise of * * *quasi-
judicial functions." ORS 34.040(1). First, does "the process, once begun, [call] for reaching a
decision," with that decision being confined by preexisting criteria rather than a wide
discretionary choice of action or inaction? Strawberry Hill 4 Wheelers, 287 Or at 604. Second,
to what extent is the decision -maker "bound to apply preexisting criteria to concrete facts"?
Id. at 602-03. Third, to what extent is the decision "directed at a closely circumscribed factual
situation or a relatively small number of persons"? Id. at 603.
Those three general criteria do not, however, describe a bright -line test. As we noted in Estate
of Gold v. City of Portland, 87 Or App 45, 51, 740 P2d 812, rev den, 304 Or 405 (1987), Strawberry
Hill Wheelers "contemplates a balancing of the various factors which militate for or against
a quasi-judicial characterization and does not create [an] 'all or nothing' test[.]" (Citation
omitted.) In particular, we noted that the criteria are applied in light of the reasons for their
existence -viz., "the assurance of correct factual decisions" and "the assurance of 'fair
attention to individuals particularly affected."' Estate of Gold, 87 Or App at 51 (quoting
Strawberry Hill Wheelers, 287 Or at 604).
As noted above, the Strawberry Hill 4 Wheelers test requires a case -specific analysis of all three
factors in combination. Individuals most affected by the proposed Text Amendment include the
Airport Sponsor and neighboring property owners, all of whom were mailed notice pursuant to DCC
22.24.030.
Staff addresses each component of the Strawberry Hill Wheelers test below:
Results in a decision
The applicant has submitted an application for a Text Amendment, in order to construct an Air
Traffic Control Tower on the subject property. The request will result in either an approval or a
denial, and a decision will be issued by the Board of County Commissioners (Board) pursuant to
DCC Title 22. As opposed to a policy change initiated by staff or decision -makers, which has a wide
discretionary choice between action and inaction, the subject request was submitted as a land use
application by the property owner and the County must take final action on it. Staff finds the subject
amendment clearly meets this component of the Strawberry Hill 4 Wheelers test and may be
considered a quasi-judicial process.
Apply existing criteria
The subject request is being reviewed based on criteria in DCC Chapter 18.136, Amendments, and
applicable state statutes. Oregon Revised Statutes (ORS) 836.616, Rules for airport uses and
activities, provides a list of the uses that may be permitted within an airport under a local
jurisdiction's land use code. The application is being reviewed to confirm compliance with the DCC
along with applicable OARS and ORSs, and staff therefore finds existing criteria are being applied to
the subject application. Consequently, the application meets this component of the Strawberry Hill
4 Wheelers test for a quasi-judicial process.
247-23-000470-TA Page 8 of 23
Small number of persons
The Airport Development Zone encompasses the Airport, and no other properties. The subject
property is owned and operated by the City of Bend, who manages leases and oversees uses within
the Bend Municipal Airport. While staff notes the Bend Municipal Airport is utilized by members of
the public and various businesses, a new use can only be established on the property if the City of
Bend initiates or authorizes an application. The subject request will impact the development
potential of the Airport property and no other properties. Therefore, staff finds the subject request
complies with this component of the Strawberry Hi114 Wheelers test and may be categorized as quasi-
judicial.
When the factors above are considered in combination, staff finds they indicate the subject Text
Amendment is a quasi-judicial process. As noted in Hood River Valley v. Board of Cty. Commissioners,
the differentiation between a legislative and quasi-judicial process is important in order to ensure
all affected parties are given a fair process. In this case the proposal will impact one property owner,
the applicant, and processing the request through a quasi-judicial process will provide for a public
hearing before a Hearings Officer and final action by the Board. For these reasons, staff finds the
request meets the three-part test outlined in Strawberry Hill 4 Wheelers as well as the intent of a
quasi-judicial process.
Title 22 of the Deschutes County Code, Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Section 22.12.010, Hearing Required
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: As described above, staff finds the subject request is a quasi-judicial Text Amendment.
However, the procedural steps will be similar to those outlined in the Hearing's Officer decision for
file 247-20-000482-TA, which finds amendments to allowed airport uses carry the qualities of a
legislative act. The subject amendments will be adopted through an ordinance, consistent with the
process for a legislative amendment. The Planning Director has exercised their discretion not to set
a hearing before the Planning Commission.
Section 22.12.020, 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
247-23-000470-TA Page 9 of 23
statement describing the general subject matter of the ordinance under
consideration.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
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.
D. Media Notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice of the proposed Text Amendment was published in the Bend Bulletin. As noted
above, the applicant complied with the posted notice requirement and staff mailed notice to
property owners within 250 feet of the Airport boundary. Notice was provided to the County public
information official for wider media distribution.
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 Commissioners or the Planning Commission.
FINDING: The applicant has submitted the required fees and requested a Text Amendment. Staff
finds the applicant is granted permission under this criterion to initiate a legislative change and has
submitted the necessary fee and materials.
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.
FINDING: As described above, the subject application meets the definition of a quasi-judicial
application. For this reason, this application was referred to a Hearings Officer rather than the
Planning Commission for a recommendation. The adoption of the proposed text amendments will
follow a legislative process because it must be approved by the Board. For the purpose of this
criterion, staff notes the application has properties of both a quasi-judicial and legislative
amendment.
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 subject application was not initiated by the Board. Staff finds this criterion does not
apply.
247-23-000470-TA Page 10 of 23
Section 22.12.050, Final Decision
All legislative changes shall be adopted by ordinance.
FINDING: Staff finds this criterion requires action by the Board to effect any legislative changes to
Deschutes County Code. If the proposed Text Amendment is approved, it will become effective
through the Board adoption of an ordinance.
Chapter 22.28, Land Use Action Decisions
Section 22.28.030, Decision On Plan Amendments And Zone Changes
A. Except as set forth herein, the Hearings Officer or the Planning Commission when
acting as the Hearings Body shall have authority to make decisions on all quasi-
judicial zone changes and plan amendments. Prior to becoming effective, all quasi-
judicial plan amendments and zone changes shall be adopted by the Board of
County Commissioners.
B. in considering all quasi-judicial zone changes and those quasi-judicial plan
amendments on which the Hearings Officer has authority to make a decision, the
Board of County Commissioners shall, in the absence of an appeal or review
initiated by the Board, adopt the Hearings Officer's decision. No argument or further
testimony will be taken by the Board.
FINDING: As detailed above, staff finds the proposal should be viewed as a quasi-judicial plan
amendment. For this reason, staff finds these criteria apply. This application is being referred to a
Hearings Officer for a recommendation. If an appeal is not filed and the Board does not initiate
review, the Board shall adopt the Hearings Officer's recommendation as the decision of the county.
C. Plan amendments and zone changes requiring an exception to the goals or
concerning lands designated for forest or agricultural use shall be heard de novo
before the Board of County Commissioners without the necessity of filing an appeal,
regardless of the determination of the Hearings Officer or Planning Commission.
Such hearing before the Board shall otherwise be subject to the same procedures as
an appeal to the Board under DCC Title 22.
FINDING: The subject Text Amendment does not require a goal exception and does not concern
lands designated for forest or agricultural use. For this reason, a de novo hearing before the Board
is not required.
D. Notwithstanding DCC 22.28.030(C), when a plan amendment subject to a DCC
22.28.030(C) hearing before the Board of County Commissioners has been
consolidated for hearing before the hearings Officer with a zone change or other
permit application not requiring a hearing before the board under DCC 22.28.030(C),
any party wishing to obtain review of the Hearings Officer's decision on any of those
247-23-000470-TA Page 11 of 23
other applications shall file an appeal. The plan amendment shall be heard by the
Board consolidated with the appeal of those other applications.
FINDING: No other application is being consolidated with the subject Text Amendment. Staff finds
this criterion does not apply.
Deschutes County Comprehensive Plan
Transportation System Plan
Section 3.4, Rural Economy
Goal 1. Maintain a stable and sustainable rural economy, compatible with rural lifestyles
and a healthy environment.
Policy 3.4.6 Support and participate in master planning for airports in Deschutes
County
FINDING: The County's Comprehensive Plan includes a number of guiding policies such as the rural
economy goal cited above. In addition, Appendix C - Transportation System Plan includes goals
specific to airport planning. Staff finds the relevant Comprehensive Plan policies are implemented
through Deschutes County Code, and the Comprehensive Plan goals themselves are not specific
approval criteria. However, to the extent the Hearings Officer finds this policy is an applicable
approval criterion, staff includes the applicant's response below as alternate findings:
The proposed text amendments will support master planning for the Bend Municipal Airport.
The proposed amendments are intended to support the construction of an air traffic control
tower, which is now an improvement supported by the FAA. The amendments are proposed
to ensure the establishment of a tower will support airport operations and, in a manner,
consistent with the master planning for the Bend Municipal Airport. The amendments are
further limited to the Bend Airport so that another use could not be established through
these amendments.
OREGON REVISED STATUTES
Chapter 836 - Airports and Landing Fields
836.610, Local government land use plans and regulations to accommodate airport
zones and uses; funding; rules.
1) Local governments shall amend their comprehensive plan and land use regulations
consistent with the rules for airports adopted by the Land Conservation and
247-23-000470-TA Page 12 of 23
Development Commission under ORS 836.616 and 836.619. Airports subject to the
rules shall include:
(a) Publicly owned airports registered, licensed or otherwise recognized by the
Department of Transportation on or before December 31, 1994, that in 1994
were the base for three or more aircraft, and
(b) Privately owned public -use airports specifically identified in administrative
rules of the Oregon Department of Aviation thot.
(A) Provide important links in air traffic in this state,
(B) Provide essential safety or emergency services, or
(C) Are of economic importance to the county where the airport is
located.
(2)(a) Local governments shall amend their comprehensive plan and land use regulations
as required under subsection (1) of this section not later than the first periodic
review, as described in ORS 197.628 to 197.651, conducted after the date of the
adoption of a list of airports by the Oregon Department of Aviation undersubsection
(3) of this section.
(b) A state agency or other person may provide funding to a local government to
accomplish the planning requirements of this section earlier than otherwise
required under this subsection.
(3) The Oregon Department of Aviation by rule shall adopt a list of airports described
in subsection (1) of this section. The rules shall be reviewed and updated periodically
to add or remove airports from the list. An airport may be removed from the list
only upon request of the airport owner or upon closure of the airport for a period of
more than three years. [1995 c.285 §4, 1997 c.859 52]
FINDING: The AD Zone encompasses the, which is a publically-owned airport. In addition, the
Airport was registered prior to December 31, 1994, and staff therefore finds it is subject to this
section. The applicant proposes to amend the land use regulations for this airport consistent with
ORS 836.616 and ORS 836.619.
836.616, Rules for airport uses and activities.
(1) Following consultation with the Oregon Department of Aviation, the Land
Conservation and Development Commission shall adopt rules for uses and activities
allowed within the boundaries of airports identified in ORS 836.610 (Local
government land use plans and regulations to accommodate airportzones and uses)
(1) and airports described in ORS 836.608 (Airport operation as matter of state
concern) (2).
(2) Within airport boundaries established pursuant to commission rules, local
government land use regulations shall authorize the following uses and activities:
(a) Customary and usual aviation -related activities including but not limited to
takeoffs, landings, aircraft hangars, tie -downs, construction and
maintenance of airport facilities, fixed -base operator facilities and other
activities incidental to the normal operation of an airport,
247-23-000470-TA Page 13 of 23
FINDING: DCC 18.76.030(E) currently permits customary and usual aviation -related activities in the
AD Zone. The applicant proposes to add a new use category for air traffic control towers, which staff
finds are a type of customary and usual aviation -related activity.
(3) All land uses and activities permitted within airport boundaries, other than the uses
and activities established under subsection (2) of this section, shall comply with
applicable land use laws and regulations. A local government may authorize
commercial, industrial and other uses in addition to those listed in subsection (2) of
this section within an airport boundary where such uses are consistent with
applicable provisions of the acknowledged comprehensive plan, statewide land use
planning goals and commission rules and where the uses do not create a safety
hazard or limit approved airport uses.
(4) The provisions of this section do not apply to airports with an existing or approved
control tower on June 5, 1995. [1997 c.859 §5 (enacted in lieu of 836.615)]
FINDING: The applicant proposes a new use category consisting of an air traffic control tower. As
described above, staff finds this is a type of customary and usual aviation -related activity and is
therefore a use listed in subsection (2). No additional uses are proposed within the AD Zone and
staff finds subsection (3) does not apply. Furthermore, the Airport did not contain an existing or
approved control tower on June 5, 1995. Therefore, staff finds subsection (4) does not apply.
836.619, State compatibility and safety standards for land uses near airports; rules.
Following consultation with the Oregon Department of Aviation, the Land Conservation and
Development Commission shall adopt rules establishing compatibility and safety
standards for uses of land near airports identified in ORS 836.610 (Local government land
use plans and regulations to accommodate airport zones and uses) (1). [1997 c.859 §8
(enacted in lieu of 836.620)]
FINDING: Applicable Oregon Administrative Rules are addressed below.
OREGON ADMINISTRATIVE RULES CHAPTER 660, LAND CONSERVATION AND DEVELOPMENT
DEPARTMENT
Division 13 - Airport Planning
OAR 660-013-0020, Definitions
For purposes of this division, the definitions in ORS Chapter 197 apply unless the context
requires otherwise. In addition, the following definitions apply.-
(4) "Non Towered Airport" means an airport without an existing or approved control
tower on June 5, 1995.
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FINDING: Staff includes this definition for reference, to demonstrate the Airport meets the
definition of a non towered airport. The applicant proposes the subject Text Amendment for the
purpose of establishing a control tower in the AD Zone in the future. The Airport did not contain an
existing or approved control tower on June 5, 1995, and therefore will continue to meet the
definition of a non towered airport even if a control tower is established in the future.
OAR 660-013-0303, Preparation and Coordination of Aviation Plans
(2) A city or county with planning authority for one or more airports, or areas within
safety zones or compatibility zones described in this division, shall adopt
comprehensive plan and land use regulations for airports consistent with the
requirements of this division and ORS 836.600 through 836.630. Local comprehensive
plan and land use regulation requirements shall be coordinated with acknowledged
transportation system plans for the city, county, and Metropolitan Planning
Organization (MPO) required by OAR 660, division 12. Local comprehensive plan and
land use regulation requirements shall be consistent with adopted elements of the
state ASP and shall be coordinated with affected state and federal agencies, local
governments, airport sponsors, and special districts. If a state ASP has not yet been
adopted, the city or county shall coordinate the preparation of the local
comprehensive plan and land use regulation requirements with ODA. Local
comprehensive plan and land use regulation requirements shall encourage and
support the continued operation and vitality of airports consistent with the
requirements of ORS 836.600 through 836.630.
FINDING: The submitted Burden of Proof provides the following statement.
The proposal is consistent with this rule because it proposes amendments to the text of the
County's land use regulations that apply to the Bend Airport. The proposed text
amendments would have the effect of allowing the development of one (1) air traffic control
tower at the Bend Municipal Airport. The siting of a tower consistent with these amendments
would support the continued operation and vitality of the Bend Municipal Airport by
ensuring air traffic to and from the Airport was safely controlled and directed.
Staff concurs with this description and finds the proposed amendment to the DCC will encourage
and support the continued operation of the Airport.
OAR 660-013-0050, Implementation of Local Airport Planning
A local government with planning responsibility for one or more airports or areas within
safety zones or compatibility zones described in this division or subject to requirements
identified in ORS 836.608 shall adopt land use regulations to carry out the requirements of
this division, or applicable requirements of ORS 836.608, consistent with the applicable
elements of the adopted state ASP and applicable statewide planning requirements.
247-23-000470-TA Page 15 of 23
FINDING: This administrative rule imposes a mandatory requirement on the County to adopt land
use regulations consistent with the applicable elements of the adopted state Aviation System Plan
("ASP") and applicable statewide planning requirements. The applicant proposes to amend the
Airport Safety Combining Zone, which implements this administrative rule. Other applicable
statewide planning requirements are addressed below, and staff finds this criterion will be met.
OAR 660-013-0070, Local Government Safety Zones for Imaginary Surfaces
(1) A local government shall adopt an Airport Safety Overlay Zone to promote aviation
safety by prohibiting structures, trees, and other objects of natural growth from
penetrating airport imaginary surfaces.
(a) The overlay zone for public use airports shall be based on Exhibit 1
incorporated herein by reference.
(b) The overlay zone for airports described in ORS 836.608(2) shall be based on
Exhibit 2 incorporated herein by reference.
(c) The overlay zone for heliports shall be based on Exhibit 3 incorporated herein
by reference.
(2) For areas in the safety overlay zone, but outside the approach and transition
surface, where the terrain is at higher elevations than the airport runway surface
such that existing structures and planned development exceed the height
requirements of this rule, a local government may authorize structures up to 35 feet
in height. A local government may adopt other height exceptions or approve a height
variance when supported by the airport sponsor, the Oregon Department of
Aviation, and the FAA.
FINDING: The County has adopted an Airport Safety Combining Zone, and staff therefore finds
subsection(1), is met. Subsection (2), above, allows a jurisdiction to adopt height exceptions to the
imaginary surfaces of the Airport Safety Overlay Zone when supported by the airport sponsor, the
Oregon Department of Aviation, and the FAA. The applicant in this case is the airport sponsor, and
their request for a Text Amendment therefore indicates support for the height exception.
Comments submitted August 14, 2023 from Oregon Department of Aviation indicate general
support for the proposal, and the application materials document ongoing coordination between
the airport sponsor and the FAA regarding the proposed tower.
OAR 660-013-0100, Airport Uses at Non -Towered Airports
Local government shall adopt land use regulations for areas within the airport boundary
of non -towered airports identified in ORS 836.610(1) that authorize the following uses and
activities:
(1) Customary and usual aviation -related activities including but not limited to
takeoffs, landings, aircraft hangars, tiedowns, construction and maintenance of
airport facilities, fixed -base operator facilities, a residence for an airport caretaker
or security officer, and other activities incidental to the normal operation of an
airport. Residential, commercial, industrial, manufacturing, and other uses, except
247-23-000470-TA Page 16 of 23
as provided in this rule, are not customary and usual aviation -related activities and
may only be authorized pursuant to OAR 660-013-0110.
FINDING: The applicant proposes to add an air traffic control tower as a use permitted outright in
the AD Zone. Staff finds an air traffic control tower is an airport facility and is, therefore, a customary
and aviation -related activity.
DIVISION 12, TRANSPORTATION PLANNING
OAR 660-012-0060 Plan and Land use Regulation Amendments
(1) if an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing
or planned transportation facility, then the local government must put in place
measures as provided in section (2) of this rule, unless the amendment is allowed
under section (3), (9) or (10) of this rule. A plan or land use regulation amendment
significantly affects a transportation facility if it would.
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan),
(b) Change standards implementing a functional classification system, or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this
subsection based on projected conditions measured at the end of the
planning period identified in the adopted TSP. As part of evaluating projected
conditions, the amount of traffic projected to be generated within the area
of the amendment may be reduced if the amendment includes an
enforceable, ongoing requirement that would demonstrably limit traffic
generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned transportation
facility;
(e) Degrade the performance of an existing or planned transportation
facility such that it would not meet the performance standards
identified in the TSP or comprehensive plan, or
(C) Degrade the performance of an existing or planned transportation
facility that is otherwise projected to not meet the performance
standards identified in the TSP or comprehensive plan.
FINDING: This above language is applicable to the proposal because it involves an amendment to
a land use regulation, specifically the provisions of the AD Zone. The proposed amendment would
allow an air traffic control tower as a use permitted outright in the zone, with a height of up to 115
feet. While the Applicant is not proposing any land use development of the subject property at this
time, the application materials indicate the intent is future construction of one air traffic control
247-23-000470-TA Page 17 of 23
tower at the Airport. Therefore, for the purpose of this criterion staff evaluates whether the
applicant has demonstrated this future construction of an air traffic control tower will comply with
the Transportation Planning Rule.
In the application materials submitted on June 9, 2023, the applicant estimates the air traffic control
tower will generate no more than 10 additional vehicle trips per day, and therefore did not require
additional analysis for transportation impacts. The County Transportation Planner then requested
additional information, particularly regarding impacts to County intersections near the subject
property. The Applicant then submitted a Traffic Impact Analysis (TIA) dated September 6, 2023,
prepared by Joe Bessman of Transight Consulting LLC, which provided the following analysis of
impacts to surrounding roadways and intersections:
The proposed comparative assessment of scenarios with and without the text amendment
allowing an ATCT shows that there is very little change in the trip generation potential of the
site. For purposes of a "reasonably likely" scenario, the assessment considered both volume
scenarios with western and eastern access.
Based on the review presented herein, the proposed amendment to allow an Air Traffic
Control Center within the adjacent Airport Development Zone would comply with the intent
of the zoning, as it would allow implementation of the adopted Bend Municipal Airport
Master Plan. This would only create minor impacts in area traffic volumes, as with this limited
trip generation potential (5 additional weekday p.m. peak hour trips) this amendment would
not:
• Change the functional classification of existing or planned transportation facilities;
• Change standards implementing a functional classification system, or
• Result in types of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility.
The revised TIA was reviewed by the County Senior Transportation Planner, who agreed with the
report's conclusions. Staff finds that the proposed Text Amendment will be consistent with the
identified function, capacity, and performance standards of the County's transportation facilities in
the area. The proposed air traffic control tower will not change the functional classification of any
existing or planned transportation facility or change the standards implementing a functional
classification system. Regarding the memo dated September 6, 2023, the County Transportation
Planner provided the following comments in an email dated September 18, 2023:
I have reviewed Mr. Bessman's September 6, 2023, Traffic Impact Analysis related to County
file no. 247-23-000370-TA and I agree with the assumptions, methodology, and conclusions
contained therein. As Mr. Bessman utilizes the 2040 planning horizon year (reflective of the
most recent data included in the County's forthcoming Transportation System Plan update)
this analysis appears to comply with relevant criteria. Mr. Bessman utilizes the acceptable
road segment standard of 13,900 Average Daily Trips (ADT) which is incorporated into the
County's most recent 2020-2040 Transportation System Plan. The literature review and
engineering studies referenced in relation to staffing numbers and associated peak hour
trips (5 employees and 5 total p.m. peak hour trips) are adequate. Staff agrees with Mr.
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Bessman's summary of Transportation Planning Rule (TPR) Compliance and finds that
relevant TPR provisions appear to be satisfied through the submittal of this additional
information.
Based on the County Senior Transportation Planner's comments and the traffic memo prepared by
Transight Consulting LLC, staff finds compliance with the Transportation Planning Rule has been
effectively demonstrated.
DIVISION 15, STATEWIDE PLANNING GOALS AND GUIDELINES
OAR 660-015, Division 15, Statewide Planning Goals and Guidelines
FINDING: The Statewide Planning Goals and the Applicant's findings are quoted below:
Goal 1: Citizen Involvement. To develop a citizen involvement program thot ensures
the opportunity for citizens to be involved in all phases of the planning process.
FINDING: The proposed amendments will be consistent with Goal 1 because the County is
relying on its citizen involvement program and land use procedures ordinance to conduct
public review of these amendments. The procedures require a public hearing before a
County hearings officer and subsequent review by the Board of County Commissioners
before adoption. The applicant has proposed these findings for the County to rely and/or
build upon to explain their final decisions on these amendments to the public.
Goal 2: Land Use Planning. PART 1 - PLANNING: To establish a land use planning
process and policy framework as a basis for all decisions and actions related to use of
land and to assure on adequate factual base for such decisions and actions.
FINDING: The proposed amendments will meet this goal because the applicant has
developed an adequate factual base upon which the County may base its decision. The
applicant has provided documentation with these findings that demonstrate the necessity
for the air traffic control tower, including a decision by the FAA to include the Bend Municipal
Airport in the Federal Contract Tower Program. The applicant has provided the potential
locations for the air traffic control tower that were included in the 2021 Bend Airport Master
Plan, also approved by the FAA and in the 2020 Tower Siting Report.
Goal 3: Agricultural Lands. To preserve and maintain agricultural lands.
FINDING: This goal is applicable because the areas surrounding the Bend Municipal Airport
includes areas designated for Agriculture on the County's Comprehensive Plan and zoned
EFUTRB, Exclusive Farm Use-Tumalo/Redmond/Bend subzone. The proposed text
amendments would allow the City to establish an air traffic control tower at the Bend
Municipal Airport. The tower itself does not have any operating characteristics that will either
force a significant change or significantly increase the cost of accepted farming practices
247-23-000470-TA Page 19 of 23
occurring on EFU lands around the airport. The operation of the tower will not generate
levels of noise or vibrations that would results in changes to farm practices and will not
generate levels of traffic to and from the airport that would interfere with movement of farm
equipment. The operation of the tower will involve a beacon that will rotate white and green
to inform pilots of its location. Finally, the operation of the air traffic control tower will not
require the use of irrigation water and in amounts that would impact irrigating pasture
grasses on properties zoned EFU.
Goal 4: Forest Lands. To conserve forest lands by maintaining the forest land base and
to protect the state's forest economy by making possible economically efficient forest
practices that assure the continuous growing and harvesting of forest tree species as
the leading use on forest land consistent with sound management of soil, air, water,
and fish and wildlife resources and to provide for recreational opportunities and
agriculture.
FINDING: Goal 4 is not applicable to review of the proposed text amendments because none
of the surrounding properties are designated Forest Lands under the County's
Comprehensive Plan.
Goal 5: To protect natural resources and conserve scenic and historic areas and open
spaces.
FINDING: Goal 5 is not applicable to review of the proposed text amendments because they
do not include any changes to the County's Goal 5 inventories in its Comprehensive Plan,
and do not also propose a use that would impact a Goal 5 resource.
STAFF NOTE: The County's Goal 5 protections are partially implemented through DCC Chapter 18.84,
the Landscape Management Combining Zone. This overlay zone protects scenic resources through
design limitations and additional protections for designated roadways, rivers, and streams. The
subject property is not located within the Landscape Management Combining Zone and is not
subject to these provisions.
Goal 6: Air, Water and Land Resources. To maintain and improve the quality of the air,
water and land resources of the state.
FINDING: The proposal is consistent with Goal 6 because the operation of the air traffic
control tower will help improve air quality around the airport. The establishment of the air
traffic control tower and staff for its operation will help manage aircraft operations, aircraft
landing and taking off, so that fewer aircraft are circling around the airport waiting to land.
Goal 7: Natural Hazards. To protect people and property from natural hazards.
FINDING: Goal 7 is not applicable to review of the proposed text amendments because there
are no natural hazards mapped adjacent to the Bend Airport.
247-23-000470-TA Page 20 of 23
Goal 8: To satisfy the recreational needs of the citizens of the state and visitors and,
where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
FINDING: The applicant finds that elements of Goal 8 are applicable to review of the
proposed text amendments and other elements of Goal 8 are not. This finding begins by
addressing the applicability of Goal 8 to the potential increase in recreational aviation activity
that may result from having an ATCT at the Bend Municipal Airport. The purpose of the ATCT
is to support a crew of air traffic controllers who would direct takeoffs and landings at the
Bend Airport. The improved management of air traffic at the airport may provide for more
reliable and safer aircraft operations, including those for tourists and visitors recreating in
Central Oregon. The applicant finds that this element of the proposal would satisfy Goal 8 by
providing for safter air traffic for citizens of the state recreating in Deschutes County.
The applicant finds that the elements of Goal 8 regarding destination resort siting and siting
of necessary recreational facilities are not applicable to review of the proposed text
amendments because they do not impact any Goal 8 destination resorts have been
established in Deschutes County and do not propose any changes to the land use regulations
under DCC Chapter 18.113. In addition, Goal 8 is not applicable because the proposed text
amendment does not propose and will not impact recreational facilities in Deschutes County.
The proposed text amendments will not influence existing or planned public parks or trails.
Goal 9: Economic Development. To provide adequate opportunities throughout the
state for a variety of economic activities vital to the health, welfare, and prosperity of
Oregon's citizens.
FINDING: The applicant finds that this goal is applicable because one of the outcomes of
establishing an air traffic control tower at the Bend Municipal Airport will be safer aircraft
operations, including those related to business traffic and related to airport -based
businesses at the airport. The establishment of the air traffic control tower will support
aviation -related economic development by improving safety and operations (takeoffs,
landings) efficiency at the airport.
Goal 10: Housing. To provide for the housing needs of citizens of the state.
FINDING: Goal 10 is not applicable to review of the proposed text amendments because the
amendments do not propose changes to the Deschutes County Zoning Ordinance that would
provide needed housing.
Goal 11: Public Facilities and Services
FINDING: Goal 11 is not applicable to review of the proposed text amendments because
they do not propose any changes to the County Toning Ordinance that would affect the
provision of water, wastewater collection, or transportation facilities in Deschutes County.
The amendments focus on changes that would allow the siting of one (1) air traffic control
247-23-000470-TA Page 21 of 23
tower at the Bend Municipal Airport. There are no amendments proposed that would involve
any public facilities being extended to serve rural development. These proposed text
amendments would also not have the effect of changing the existing water, wastewater, and
transportation facilities that serve the Bend Municipal Airport.
Goal 12: Transportation. To provide and encourage a safe, convenient and economic
transportation system.
FINDING: The proposed amendments are consistent with Goal i.2 because they will allow
development of an air traffic control tower at the Bend Municipal Airport. The establishment
of an air traffic control tower through these amendments will be consistent with Goal 12 by
ensuring safer airport flight operations that are directed through the airport staff stationed
at the air traffic control tower.
Goal 13: Energy Conservation. To conserve energy.
FINDING: Goal 13 is not applicable to these proposed text amendments because they do
not include any changes that would affect energy conservation. These amendments do not
propose any renewable energy facilities at the Bend Airport.
Goal 14: Urbanization. To provide for an orderly and efficient transition from rural to
urban land use, to accommodate urban population and urban employment inside
urban growth boundaries, to ensure efficient use of land, and to provide for livable
communities.
FINDING: Goal 14 is not applicable to review of the proposed text amendments because
they do not affect an adopted urban growth boundary. Goal 14 is also not applicable because
the proposed text amendments would not have the effect of allowing urban land uses on
rural land.
Goal 15: Willamette River Greenway; Goal 16: Estuarine Resources; Goal 17: Coastal
Shorelands; Goal 18: Beaches and Dunes, and Goal 19: Ocean Resources.
FINDING: These goals are not applicable to review of the proposed text amendments
because the Bend Airport is not adjacent to the Willamette River and not adjacent to the
coast or the Pacific Ocean.
Staff generally accepts the Applicant's responses and finds compliance with the applicable
Statewide Planning Goals has been effectively demonstrated.
IV. CONCLUSION & RECOMMENDATION
Staff requests the Hearings Officer determine if the Applicant has met the burden of proof
necessary to justify the proposed Text Amendment through effectively demonstrating
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compliance with the applicable criteria of DCC Title 18 (the Deschutes County Zoning
Ordinance), the Deschutes County Comprehensive Plan, and applicable sections of OAR and
ORS.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Audrey Stuart, Associate Planner
Reviewed by: Will Groves, Planning Manager
Attachments: 1) Proposed Text Amendments
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Chapter 18.76, Airport Development Zone
18.76.015 Definitions
The following definitions apply only to Chapter 18.76.
"Customary and usual aviation -related activities" include, but are not limited to, takeoffs, landings,
aircraft hangars, tiedowns, construction and maintenance of airport facilities, fixed -base operator
facilities, a residence for an airport caretaker or security officer, and other activities incidental to the
normal operation of an airport. Residential, commercial, industrial, manufacturing; and other uses,
except as provided in this rule, are not customary and usual aviation -related activities and may only be
authorized pursuant to OAR 660-013-0110.
"Fixed -base operator or FBO" means a commercial business granted the right by the airport sponsor to
operate on an airport and provide aeronautical services such as fueling, hangaring, tie -down and
parking, aircraft rental, aircraft maintenance, flight instruction, etc.
"Hangar" means an airport structure intended for the following uses:
1. Storage of active aircraft.
2. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of
nonoperational aircraft.
3. Construction of amateur -built or kit -built aircraft
4. Storage of aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and
tools and materials used to service, maintain, repair or outfit aircraft: items related to ancillary
or incidental uses that do not affect the hangars' primary use.
5. Storage of materials related to an aeronautical activity, e.g., balloon and skydiving equipment,
office equipment, teaching tools, and materials related to ancillary or incidental uses that do not
affect the hangars' primary use; storage of non -aeronautical items that do not interfere with the
primary aeronautical purpose of the hangar (for example, televisions, furniture).
6. A vehicle parked at the hangar while the aircraft usually stored in that hangar is flying, subject to
local airport rules and regulations.
7. A hangar may include restrooms, pilot lounge, offices, briefing rooms, and crew quarters.
"Air Traffic Control Tower" means a terminal facility which, through the use of air/Eround
communications, visual signaling, and other devices, provides air traffic control services to airborne
aircraft operating in the vicinity of an airport and to aircraft operating on the airport movement area.
18.76.030 Uses Permitted Outright
The following uses and their accessory uses are permitted outright in all of the Airport Districts:
Exhibit 1: Proposed Text Amendments
A. 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.
B. Class III road or street project.
C. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18,120.050.
D. Farm use as defined in DCC Title 18.
E. Customary and usual aviation -related activities.
F. Hangars are subject to the standards and criteria established by DCC 18.76.105.
G. An air traffic control tower, no higher than 115 feet in height.
18.76.050 Use Limitations
The following limitations and standards shall apply to all permitted uses in the Airport Districts:
A. The height of any plant growth or structure or part of a structure such as chimneys, towers,
antennas, power lines, etc., shall not exceed 35 feet.
1. DCC 18.76.050(A) does not apply to the siting of an air traffic control tower. An air traffic
control tower up to 115 feet shall not require a height exception or variance.
B. 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.
C. All parking demand created by any use permitted by DCC 18.76 shall be accommodated on the
subject premises entirely off-street.
D. No use permitted by DCC 18.76 shall require the backing of traffic onto a public or private street
or road right of way.
E. No power lines shall be located in clear zones.
F. No use shall be allowed which is likely to attract a large quantity of birds, particularly birds
which normally fly at high altitudes.
Exhibit 1: Proposed Text Amendments
Chapter 18.80, Airport Safety Combining Zone
18.80.022 Definitions
A. Air Traffic Control Tower. A terminal facility which, through the use of air/ground
communications, visual signaling, and other devices, provides air traffic control services to
airborne aircraft operating in the vicinity of an airport and to aircraft operating on the airport
movement area.
B. Aircraft. Helicopters and airplanes, but not hot air balloons or ultralights. (Balloons are governed
by FAR Part 30, and ultralights by FAR Part 103. Ultralights are basically unregulated by the FAA.)
C. Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land
used in connection with the aircraft landing or taking off from the strip of land, including but not
limited to land used for existing airport uses.
D. Airport Direct Impact Area. The area located within 5,000 feet of an airport runway, excluding
lands within the runway protection zone and approach surface. (Redmond, Bend, and Sunriver)
E. Airport Elevation. The highest point of an airport's usable runway, measured in feet above mean
sea level.
Airport Imaginary Surfaces (and zones). Imaginary areas in space and on the ground that are
established in relation to the airport and its runways.
For the Redmond, Bend, Sunriver and Sisters airports, the imaginary surfaces are defined by the
primary surface, runway protection zone, approach surface, horizontal surface, conical surface
and transitional surface.
For the Cline Falls and Juniper airports, the imaginary areas are only defined by the primary
surface and approach surface.
G. Airport Noise Criterion. The State criterion for airport noise is an Average Day -Night Sound Level
(DNL) of 55 decibels (dBA). The Airport Noise Criterion is not designed to be a standard for
imposing liability or any other legal obligation except as specifically designated pursuant to OAR
340, Division 35.
H. Airport Noise Impact Boundary. Areas located within 1,500 feet of an airport runway or within
established noise contour boundaries exceeding 55 DNL.
Airport Safety Combining Zone (AS Zone). A Deschutes County zone intended to place additional
land use conditions on land impacted by the airport while retaining the existing underlying zone.
The airport imaginary surfaces, impact areas, boundaries and their use limitations comprise the
AS Zone. The AS Zone may apply to either public -use or private -use airports.
J. Airport Secondary Impact Area. The area located between 5,000 and 10,000 feet from an airport
runway. (Redmond, Bend, and Sunriver)
Exhibit 1: Proposed Text Amendments
K. Airport Sponsor. The owner, manager, or other person or entity designated to represent the
interests of an airport.
L. Airport Uses. Those uses described in OAR 660-013-0100 and 660-013-0110.
M. Approach Surface. A surface longitudinally centered on the extended runway centerline and
extending outward and upward from each end of the primary surface.
For Redmond, Bend, Sunriver, and Sisters airports:
1. The inner edge of the approach surface is the same width as the primary surface and it
expands uniformly to a width of:
a. 1,250 feet for a utility runway having a visual approach;
b. 1,500 feet for other than a utility runway having a visual approach;
c. 2,000 feet for a utility runway having a non -precision instrument approach;
d. 3,500 feet for a non -precision instrument runway, other than utility, having
visibility minimums greater than three -fourths statute mile;
e. 4,000 feet for a non -precision instrument runway, other than utility, having
visibility minimums at or below three -fourths statute mile; and
f. 16,000 feet for precision instrument runways.
2. The approach surface extends for a horizontal distance of
a. 5,000 feet at a slope of 20 feet outward for each foot upward for all utility
runways;
b. 10,000 feet at a slope of 34 feet outward for each foot upward for all non -
precision instrument runways, other than utility; and
c. 10,000 feet at a slope of 50 feet outward for each one foot upward, with an
additional 40,000 feet at slope of 40 feet outward for each one foot upward, for
precision instrument runways.
3. The outer width of an approach surface will be that width prescribed in DCC
18.80.022{1.}MM (3) for the most precise approach existing or planned for that runway
end.
For the Cline Falls and Juniper airports:
4. The inner edge of the approach surface is the same width as the primary surface and it
expands uniformly to a width of 450 feet for that end of a private use airport with only
visual approaches. The approach surface extends for a horizontal distance of 2,500 feet
at a slope of 20 feet outward for each one foot upward.
Exhibit 1: Proposed Text Amendments
N. Average Day -Night Sound Level (DNL). Average day -night sound level is the FAA standard
measure for determining the cumulative exposure of individuals to noise. DNL is the equivalent
of noise levels produced by aircraft operations during a 24-hour period, with a ten -decibel
penalty applied to the level measured during nighttime hours (10:00 p.m. to 7:00 am).
O. Conical Surface. An element of the airport imaginary surfaces that extends outward and upward
from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000
feet and to a vertical height of 350 feet above the airport elevation.
P. Department of Aviation. The Oregon Department of Aviation, formerly the Aeronautics Division
of the Oregon Department of Transportation.
Q. FAA. Federal Aviation Administration.
R. FAA's Technical Representative. As used in DCC 18.80, the federal agency providing the FAA with
expertise on wildlife and bird strike hazards as they relate to airports. This may include, but is
not limited to, the USDA -APHIS -Wildlife Services.
S. FAR. Regulation issued by the FAA.
T. FAR Part 77. Regulation, Part 77, "Objects Affecting Navigable Airspace," establishes standards
for determining obstructions to navigable airspace.
U. Height. The highest point of a structure or tree, plant or other object of natural growth,
measured from mean sea level.
V. Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the
perimeter of which is constructed by swinging arcs of specified radii from the center of each end
of the primary surface of each runway of each airport and connecting the adjacent arcs by lines
tangent to those arcs. The radius of each arc is:
1. 5,000 feet for all runways designated as utility.
2. 10,000 feet for all other runways.
3. The radius of the arc specified for each end of a runway will have the same arithmetical
value. That value will be the highest determined for either end of the runway. When a
5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs,
the 5,000-foot arc shall be disregarded on the construction of the perimeter of the
horizontal surface.
W. Non -precision Instrument Runway. A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight -in non -precision instrument approach has been approved, or
planned, and for which no precision approach facilities are planned or indicated on an FAA -
approved airport layout plan or other FAA planning document.
X. Non -Towered Airport. An airport without an existing or approved control tower on June 5, 1995.
Y. Obstruction. Any structure or tree, plant or other object of natural growth that penetrates an
imaginary surface.
Exhibit 1: Proposed Text Amendments
Z. Other than Utility Runway. A runway that is constructed for and intended to be used by turbine -
driven aircraft or by propeller -driven aircraft exceeding 12,500 pounds gross weight.
AA. Precision Instrument Runway. A runway having an existing instrument approach procedure
utilizing air navigation facilities that provide both horizontal and vertical guidance, such as an
Instrument Landing System (ILS) or Precision Approach Radar (PAR). It also means a runway for
which a precision approach system is planned and is so indicated by an FAA -approved airport
layout plan or other FAA planning document.
BB. Primary Surface. A surface longitudinally centered on a runway.
For the Redmond, Bend, Sunriver, and Sisters airports, when a runway has a specially prepared
hard surface, the primary surface extends 200 feet beyond each end of that runway. When a
runway has no specially prepared hard surface, or planned hard surface, the primary surface
ends at each end of that runway. The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway centerline. The width of the primary surface
is:
1. 250 feet for utility runways with only visual approaches,
2. 500 feet for utility runways having non -precision instrument approaches,
3. 500 feet for other than utility runways having non -precision instrument approaches with
visibility minimums greater than three -fourths statute mile, and
4. 1,000 feet for non -precision instrument runways with visibility minimums at or below
three -fourths statute mile, and for precision instrument runways.
For the Cline Falls and Juniper airports, the primary surface ends at each end of a runway. The elevation
of any point on the primary surface is the same as the elevation of the nearest point on the runway
centerline. The width of the primary surface is 200 feet.
CC. Public Assembly Facility. A permanent or temporary structure or facility, place or activity where
concentrations of people gather in reasonably close quarters for purposes such as deliberation,
education, worship, shopping, employment, entertainment, recreation, sporting events, or
similar activities. Public assembly facilities include, but are not limited to, schools, religious
institutions or assemblies, conference or convention facilities, employment and shopping
centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places,
but do not include parks, golf courses or similar facilities unless used in a manner where people
are concentrated in reasonably close quarters. Public assembly facilities also do not include air
shows, structures or uses approved by the FAA in an adopted airport master plan, or places
where people congregate for short periods of time such as parking lots or bus stops.
DD. Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its
length.
EE. Runway Protection Zone (RPZ). An area off the runway end used to enhance the protection of
people and property on the ground. The RPZ is trapezoidal in shape and centered about the
extended runway centerline. The inner width of the RPZ is the same as the width of the primary
Exhibit 1: Proposed Text Amendments
surface. The outer width of the RPZ is a function of the type of aircraft and specified approach
visibility minimum associated with the runway end. The RPZ extends from each end of the
primary surface for a horizontal distance of:
1. 1,000 feet for utility runways.
2. 1,700 feet for other than utility runways having non -precision instrument approaches.
3. 2,500 feet for precision instrument runways.
[NOTE: the outer width of the RPZ is specified by airport type in OAR 660, Division 13,
Exhibit 4]
FF. Significant. As it relates to bird strike hazards, "significant" means a level of increased flight
activity by birds across an approach surface or runway that is more than incidental or
occasional, considering the existing ambient level of flight activity by birds in the vicinity.
GG. Structure. Any constructed or erected object, which requires a location on the ground or is
attached to something located on the ground. Structures include but are not limited to
buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth
formations and overhead transmission lines. Structures do not include paved areas.
HH. Transitional Surface. Those surfaces that extend upward and outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of seven feet horizontally for
each foot vertically from the sides of the primary and approach surfaces to the point of
intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces which project through and beyond the limits of the conical
surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach
surface and at a 90-degree angle to the extended runway centerline.
II. Utility Runway. A runway that is constructed for and intended to be used by propeller driven
aircraft of 12,500 maximum gross weight and less.
JJ. Visual Runway. A runway intended solely for the operation of aircraft using visual approach
procedures, where no straight -in instrument approach procedures or instrument designations
have been approved or planned, or are indicated on an FAA -approved airport layout plan or any
other FAA planning document.
KK. Water Impoundment. Includes wastewater treatment settling ponds, surface mining ponds,
detention and retention ponds, artificial lakes and ponds, and similar water features. A new
water impoundment includes an expansion of an existing water impoundment except where
such expansion was previously authorized by land use action approved prior to the effective
date of this ordinance.
18.80.028 Height Limitations
Exhibit 1: Proposed Text Amendments
All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028.
When height limitations of the underlying zone are more restrictive than those of this overlay zone, the
underlying zone height limitations shall control. [ORS 836.619; OAR 660-013-0070]
A. Except as provided in DCC 18.80.028 B-D , no structure or tree, plant or other object of natural
growth shall penetrate an airport imaginary surface. [ORS 836.619; OAR 660-013-0070(1)]
B. For areas within airport imaginary surfaces but outside the approach and transition surfaces,
where the terrain is at higher elevations than the airport runway surfaces such that existing
structures and permitted development penetrate or would penetrate the airport imaginary
surfaces, a local government may authorize structures up to 35 feet in height.
C. Other height exceptions or variances maybe permitted when supported in writing by the airport
sponsor, the Department of Aviation and the FAA. Applications for height variances shall follow
the procedures for other variances and shall be subject to such conditions and terms as
recommended by the Department of Aviation and the FAA (for Redmond, Bend and Sunriver.)
D. An air traffic control tower may be up to 115 feet in height.
18.80.044 Land Use Compatibility
Applications for land use or building permits for properties within the boundaries of this overlay zone
shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise,
the Planning Director or Hearings Body is required to take actions that eliminate or minimize the
incompatibility by choosing the most compatible location or design for the boundary or use. Where
compatibility issues persist, despite actions or conditions intended to eliminate or minimize the
incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except
where the action results in loss of current operational levels and/or the ability of the airport to grow to
meet future community needs. Reasonable conditions to protect the public safety may be imposed by
the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080] An air- traffic
control tower, as defined in DCC 18.80.022, is not subject to this section.
18.80 Declaration Of Anticipated Noise
As a condition of the grant of development approval pursuant to DCC 18.80, the undersigned,
hereinafter referred to as Grantor hereby covenants and agrees that it shall not, by reason of their
ownership or occupation of the following described real property, protest or bring suit or action against
the [Name of Airport] or Deschutes County, for aviation -related noise, including
property damage or personal injury from said noise connected when such activities conform to:
1. Airport activities lawfully conducted in connection with a pre-existing airport, as that term is defined
in DCC 18.80.02244(Q, at the described airport; or 2. Airport activities that might be lawfully conducted
in the future at the described airport under County or State permits or exemptions.
Exhibit 1: Proposed Text Amendments
The real property of Grantor subject to this covenant and agreement is situated in Deschutes County,
State of Oregon, and described as set forth in that certain [Statutory Warranty Deed] dated [date], as
record in [the Official Records of Deschutes County as instrument number 20xx-xxxxx] OR [Volume xx,
Page xx of the Deschutes County Board of Records];.
Grantor acknowledge that by virtue of such grant he/they have no remaining rights to complain or
protest about the protected activities described above.
This Declaration of Anticipated Noise runs with the land and is binding upon the heirs, successors and
assigns of the undersigned's interest in the described real property or any persons acquiring through he
undersigned an interest in the described real property.
Deschutes County requires the execution of this covenant and agreement by the Grantor as a pre-
requisite to Deschutes County approving a partition, subdivision, or issuing a building permit for
Grantor's development on the above described real property, which real property is located within the
noise impact boundary of the
protection and benefit of the
[Name of Airport]. This Declaration is executed for the
[Name of Airport] and Deschutes County's interest in
said airport and to prevent development in adjacent lands to said airport which will interfere with the
continued operation existent and development of said airport.
Dates this day of , 20
Grantor [Name]
[insert notarial certificate]
Exhibit 1: Proposed Text Amendments
�vI ES CO
BOAR® OF
COMMISSIONERS
MEETING DATE: December 13, 2023
SUBJECT: First reading of Ordinance No. 2023-027 - Bend Airport Text Amendment
RECOMMENDED MOTION:
Move approval of first reading of Ordinance No. 2023-027 by title only.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Bend applied for a text amendment to Title 18 of Deschutes County Code. The
proposed amendments to Chapter 18.76, Airport Development Zone, and Chapter 18.80,
Airport Safety Combining Zone, would allow an air traffic control tower as a new permitted
use and allow an air traffic control tower to be up to 115 feet in height. The Airport
Development Zone only applies to the Bend Municipal Airport, which is located to the
northeast of Bend.
A public nearing was held before the Deschutes County Hearings Officer on October 2,
2023 and the Hearings Officer's recommendation was mailed on November 21, 2023. The
Hearings Officer found the proposal complied with all applicable criteria and
recommended approval. At a work session on November 29, 2023, the Board voted to
adopt the Hearings Officer's recommendation.
The entirety of the record can be viewed from the project website at:
https://www deschutes org/cd/page/247-23-000470-ta-%E2%80%93-air-traffic-
control-tower-text-amendment
BUDGET IMPACTS:
None
ATTENDANCE:
Audrey Stuart, Associate Planner