2024-303-Minutes for Meeting September 16,2024 Recorded 10/29/2024�01 E S CO
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
1:00 PM
Recorded in Deschutes County CJ2024-303
Steve Dennison, County Clerk
Commissioners' Journal 10/29/2024 4:13:40 PM
2024-303
BOCC MEETING MINUTES
MONDAY September 16, 2024
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were
Acting County Administrator Erik Kropp; Deputy County Administrator Whitney Hale;
Senior Assistant Legal Counsel Kim Riley; and BOCC Executive Assistant Brenda Fritsvold.
This meeting was audio and video recorded and can be accessed at the Deschutes County
meeting portal webpage www.deschutes.org/meetings.
CALL TO ORDER: Chair Adair called the meeting to order at 1:00 pm.
CITIZEN INPUT: None
CONSENT AGENDA: Before the Board was consideration of the Consent Agenda.
1. Approval of Chair Signature of Document No. 2024-761, a Notice of Intent to
Award a contract for Market Research and Strategic Master Plan Design Services
for the Deschutes County Fair & Expo
2. Approval of Document No. 2024-039, a Notice of Intent to Award a contract for
the Hamehook Rd Bridge #17C32 Replacement Project
DEBONE: Move approval of the Consent Agenda as presented
CHANG: Second
VOTE: CHANG: Yes
BOCC MEETING SEPTEMBER 16, 2024 PAGE 1 OF 11
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
ACTION ITEMS:
3. Notice of Intent to Award a contract for the Landfill Siting Consultant
Services - Phase 3
Tim Brownell, Director of the Solid Waste Department, reminded that the process
to site a new landfill started in 2021, culminating with the Board's acceptance
earlier this year of the Solid Waste Advisory Committee's recommendation to
proceed with negotiating the purchase of the Moon Pit site for this facility.
Brownell described the scope of the contract for Phase 3 of the consulting
services for the project, listing duties and responsibilities as contained in the
Request for Proposals. Two proposals were received in response to the
solicitation —these were evaluated by a committee which recommends the
contract be awarded to Parametrix. Brownell concluded that a copy of the
scoring summary used for the selection process was provided to the Board for its
information.
Commissioner Chang hoped that Parametrix does a better job at public outreach
and engagement for the remainder of this project, especially with respect to the
required mitigation measures as the project proceeds. He stressed the need to
involve the broader public as well as those who live in the general area as the
mitigation measures are developed.
CHANG: Move approval of Notice of Intent to Award the Landfill Siting
Consultant Services —Phase 3 project to Parametrix, Inc.
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
4. Deschutes County Statewide Transportation Improvement Fund
Advisory Committee Member Roster Update
Derek Hofbauer, Outreach and Engagement Administrator for the Central
Oregon Intergovernmental Council (COIC), reminded that COIC was delegated by
Deschutes County to administer its Statewide Transportation Improvement Fund
(STIF) program. One of COIC's main responsibilities is to manage the County's
BOCC MEETING SEPTEMBER 16, 2024 PAGE 2 OF 11
STIF Advisory Committee (STIFAC) meetings and maintain the member roster.
Because STIFAC members are appointed by the Board of County Commissioners,
COIC has proposed an updated committee member roster for the Board's
consideration. Specific changes are as follows:
• Appoint Robert (Bob) Townsend, Transportation Director for Cascades East
Transit (CET), to replace Andrea Breault who no longer works for CET;
• Appoint Kristin Thomas, executive director of the Sunriver Area Chamber of
Commerce, to replace Dan Youmans who no longer serves on that board;
• Appoint Jason Dumanch to represent the City of Sisters Public Works
Department, replacing Troy Rayburn who no longer works for Sisters; and
• Reappoint members with 2024 terms to serve another two years on the
committee (Bill Gregoricus, Zachary Bass, Jamie Donahue and Matthew
Schmitz).
Hofbauer added that COIC recommends the seat vacated by Ken Thorp upon his
retirement in 2023 remain vacant pending a new recruitment that will be
conducted in early 2025.
In response to Commissioner Chang, Hofbauer confirmed that the designated
alternates to STIFAC regularly attend the meetings but only participate if
someone is absent.
Commissioner DeBone suggested that COIC apprise the Crescent Creek
neighborhood association of the current vacancy on the STIFAC.
DEBONE: Move approval of the updated Deschutes County Statewide
Transportation Improvement Fund Advisory Committee member
roster as presented
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
5. Proposed changes to the FY25 Fee Schedule
Laura Skundrick, Management Analyst, introduced proposed changes to the FY
2025 Fee Schedule to raise certain fees in the Community Development and
Health Services departments, and add a new Information Technology fee for
external jurisdictions which seek assistance with their databases and systems.
BOCC MEETING SEPTEMBER 16, 2024 PAGE 3 OF 11
Skundrick explained that the increases in CDD and Health Services are proposed
to help offset higher -than -anticipated costs of the County's health benefits plan,
with CDD estimating a $167,000 annual impact to its budget effective August V.
Saying that the changes reflect the impact of inflation on health care and other
costs, Commissioner DeBone judged the proposed increases to be businesslike.
Noting that the County's environmental review fees are generally lower than or
competitive with fees in other parts of the state, Commissioner Chang spoke to
the challenges of improving the ratio of inspectors to inspections and
maintaining current levels of service while offering health insurance to recruit
and retain staff. He was comfortable with and supportive of the proposed
changes.
In response to a question from Commissioner Adair regarding pressures on the
restaurant industry, Eric Mone, Environmental Health Supervisor, said the
number of restaurants and food trucks grows each year, with those that go out of
business tending to quickly sell and re -open under new ownership.
Responding to Commissioner Chang, IT Operations Manager Kevin Furlong said
in the past, IT did not track the time involved in assisting other jurisdictions to
design and develop databases and systems.
Sherri Pinner, Senior Management Analyst for the Community Development
Department, presented three options for the Board's consideration regarding
potential CDD fee increases, noting these are proposed to take effect November
1 St while the non-CDD fees would take effect October 1 St. The first option is to
enact no fee changes, with transfers from reserve funds used to pay for the
increased health benefit costs. Option 2 proposes various fee increases to
generate a total of $106,000, with the permit cost to construct a 2,700 sf house
estimated to rise by $143. Option 3 also proposes higher fee increases in addition
to forgoing half of the approved $100,000 General Fund allocation for Hearings
Officer services in 2025; under this option, the estimated cost of permits to
construct a 2,700 sf house would rise by $239.
Peter Gutowsky, Community Development Director, spoke to the difference
between Option 2 and Option 3, saying that members of the Central Oregon
Builders Association and the Central Oregon Association of Realtors have shared
their opinions that Hearings Officer services should continue to be at least
partially funded by the General Fund.
BOCC MEETING SEPTEMBER 16, 2024 PAGE 4OF 11
Commissioners DeBone and Adair expressed their support for Option 2.
Commissioner Chang preferred that the County not use General Funds to
subsidize Hearings Officer costs for controversial applications.
Skundrick concluded that a public hearing will be scheduled before the Board
next Wednesday to accept comments on the proposed changes.
6. Consideration of first reading of Ordinance 2024-007, adopting the
Deschutes County 2040 Comprehensive Plan Update
Nicole Mardell, Senior Planner, presented the 2040 Comprehensive Plan as
drafted, noting one final edit to the credit page to recognize that Commissioner
Adair currently chairs the Board of County Commissioners.
Saying that the State recently approved new rules for groundwater allocations,
Commissioner Chang requested revisions to the Comprehensive Plan to
acknowledge and address the need to slow or reverse the level of groundwater
declines in the county.
Commissioner DeBone stated his support of the document as presented.
Commissioner Adair spoke to the tragedy of the extremely large amount of land
across Oregon which has burned due to wildfires this summer, saying that fires
ravage the landscape and negatively impact habitat for wildlife. Adding that the
State is down to just 168 logging mills, she supported protections for the small
percentage of private property in the county.
Saying that over 200 domestic wells have gone dry in the last three years,
Commissioner Chang said it can be expected that this will continue to happen
unless the situation is addressed. He advocated for protecting people from the
significant cost of drilling new wells.
Commissioner Adair said many wells are redrilled due to the presence of
sediment or other issues, not necessarily because of declining groundwater
levels.
Commissioner DeBone acknowledged that differences of opinion exist, and these
are reflected in the draft document. He appreciated that the Comprehensive Plan
explains a great deal and provides the big picture as well as serving as a
foundation for future development, and said rural development is limited by
State land use regulations which direct the bulk of population growth to occur
inside of urban growth boundaries.
BOCC MEETING SEPTEMBER 16, 2024 PAGE 5 OF 11
DEBONE: Move approval of the September 6, 2024 version of the 2040
Comprehensive Plan
ADAIR: Second
VOTE: CHANG: No
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried 2 - 1
DEBONE: Move approval of first reading of Ordinance No. 2024-007 by title only
ADAIR: Second
VOTE: CHANG: No
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried 2 - 1
Chair Adair read the title of the ordinance into the record.
Mardell said staff is completing an initial draft of the associated action plan and
will bring that to the Board following second reading of the ordinance.
Commissioner DeBone reported the availability of the most recent "Oregon by
the Numbers" publication which is produced annually by The Ford Family
Foundation in partnership with Oregon State University Extension, saying this
document provides a detailed profile for each of Oregon's 36 counties and
includes many explanatory charts and graphs.
7. Legislative Priorities Review for 2025 Legislative Session
Jen Patterson, Strategic Initiatives Manager, introduced the review of legislative
priorities for the upcoming session.
Doug Riggs of Northwest Policy Advocates reported on visits to Deschutes County
by various legislators earlier this year, presented a preliminary list of priorities for
the upcoming session, and said the deadline to file bills is later this month. The
list included:
• EMS modernization to address the skyrocketing number of calls related to
homelessness and behavioral health which impacts the budgets of the
responding agencies
• Allowing managed homeless camps in the unincorporated county,
particularly on the Gales property
Saying that the Gales property could be used for a managed homeless camp if it
is rezoned, Commissioner Chang believed this solution to be a faster and more
BOCC MEETING SEPTEMBER 16, 2024 PAGE 6 OF 11
efficient solution than legislative action. He stated his support for lobbying efforts
to add safe parking to the State's list of recognized responses to homelessness
and to secure ongoing funding for operating shelter facilities which were
established in the recent past.
Discussion ensued regarding the statewide ballot measure to allow ranked choice
voting in Oregon, which will go before the voters in November.
Other priorities identified by departments were:
• Possible increased tax on gross receipts of businesses with more than
$25 million in annual sales (this is also on the statewide ballot for voters
to determine in November)
• Creating a "used system" path for Orenco ATT septic systems
• Funding for the CORE3 project
• Meetings of the Cannabis Advisory Panel
With regard to the Cannabis Advisory Panel (CAP), Patterson suggested that the
Board support changing its state -mandated meeting frequency requirement
from every quarter to once or twice per year, due to the general lack of meeting
agenda items which reflects CAP's very limited authority.
One priority identified by the Community Development Department involves
regulations to allow ADUs (i.e., inconsistencies with how other residential
properties are regulated with respect to defensible space requirements such as
fire hardening; language clarifying attached/shared walls vs. a standalone
structure)
Discussion ensued about the Community Development Department's inability to
collect the full cost of the first appeal of an administrative land use decision due to a
State cap of $250 on this fee. Commissioner Adair suggested researching when this
fee was initially adopted to buttress the stance that changing it warrants
consideration.
Other priorities identified were:
• National Flood Insurance Program/Endangered Species Act
Implementation —Commissioners DeBone and Chang supported tracking
this but not prioritizing it
• Implementation of clear and objective standards
• ORS 197A.400 amendments
• DEQ's onsite wastewater management program (work to update and
clarify regulatory language and provide enhanced environmental
protection in high -risk areas)
BOCC MEETING SEPTEMBER 16, 2024 PAGE 7 OF 11
Discussion continued of other identified legislative priorities, including:
• Diversion and treatment options for juveniles in possession of controlled
substances as defined in HB 4002
• Adolescent behavioral health and residential resources
• Funding for Aid & Assist programs to provide adequate support to this
population
• Funding to modernize the Juvenile Justice Information System
• Medical Examiner system workgroup
In response to Commissioner Chang, Riggs said the governor plans to ask that
the Legislature double the amount of funding for deflection programs from
$25 million to $50 million.
Commissioner DeBone spoke to efforts by AOC and others to address certain
components of the State's Medical Examiner (ME) system, including
reimbursements to rural counties for miles travelled to provide ME services and
advocating for a regional ME facility in Lane County.
Other identified legislative priorities discussed included:
• Discovery costs of prosecuting criminal cases
• CAFFA funding/the provision of essential tax assessment services
• HB 4056 - continued efforts to work with the Department of Treasury and
other parties to define a process for distributing excess tax revenues tied
to foreclosed properties, including how to fund potential reimbursements
• State regulation changes affecting credentialing/who is authorized to
perform certain behavioral health work
• Funding for child psychiatric services
• Transportation Funding Package (protection of the 50-30-20 allocation of
State highway fund revenues)
• Advocacy for continuation of the PILT and SRS federal funding programs
• Wildfire hazard maps/Wildlife Urban Interface
Behavioral Health Director Holly Harris spoke to the dire need for a child
psychiatric facility in Central Oregon, stressing that it will be imperative to resolve
the problem of insufficient qualified workforce needed to operate such a facility
in both the short- and long -terms.
Health Services Director Janice Garceau shared that one factor complicating the
County's working relationship with the Oregon Health Authority is the fact that all
OHA staff have been permitted to work from home in perpetuity, which has
resulted in a loss of collaboration and effectiveness.
A break was announced at 3:45 pm. The meeting resumed at 3:48 pm.
BOCC MEETING SEPTEMBER 16, 2024 PAGE 8 OF 11
Discussion ensued about modernization efforts in Public Health to address
vaccination rates, communicable diseases, access to health care and
environmental threats, and the funding allocated by the State to community
health partners across Oregon to implement these efforts.
Commissioner Chang reported on his trip to Washington, DC last week in
conjunction with a National Association of Counties effort to advocate for the
continuation of the national Payments In -Lieu of Taxes (PILT) program as well as
the Secure Rural Schools (SRS) program. Saying both of these programs support
America's public lands counties, including Deschutes County, Chang reported
that $30 million in PI LT funding is received by counties in Oregon, with Deschutes
County receiving over ten percent of this. Oregon receives about one-third of the
total national SRS revenue distribution.
Commissioner Chang supported making passage of a funding package to fight
wildfires a priority as well as the certification of and funding assistance for
neighborhood wildfire protection cooperatives to allow property owners to
secure insurance premium discounts.
Commissioner Adair said the removal of junipers is important for water
conservation efforts. Riggs expected that funding to remove junipers will be
proposed in a larger water -related package which is currently being drafted.
8. Planning Division Work Plan Update / Long Range Planning / FY 2024-2025
Will Groves, Planning Manager, referred to the Community Development
Department (CDD) FY 2024-25 Work Plan, summarized upcoming projects, and
sought feedback from the Board on whether it supports staff applying for grant
funds from the Department of Land Conservation and Development (DLCD) to
coordinate the development of land near Urban Growth Boundaries (UGBs) with
the goal of facilitating future urbanization.
Upon Deputy County Administrator Erik Kropp exiting the meeting, Whitney Hale
assumed the role of Acting County Administrator.
In response to Commissioner Adair, Groves acknowledged that when no longer
utilized for medical hardship caretaking, a RV or mobile home is allowed to
remain on the property, and further agreed that some of the language in the
Code should be updated. He added that other changes are needed as well to
align with State law, which permits the use of RVs and mobile homes for simple
"aged or infirm" situations outside of documented medical hardship cases.
BOCC MEETING SEPTEMBER 16, 2024 PAGE 9 OF 11
Discussion ensued regarding UGBs and urban reserves and how and why these
are established. Groves said possible regulations could restrict or, at the least,
influence how land use divisions occur within a certain radius of the UGB or a
specific distance from identified transportation infrastructure corridors.
Groves agreed that the outcome of any attempts to coordinate future potential
development with the cities of Bend and Sisters is not clear at this point. He
spoke to the need to balance this coordination with development opportunities
and the preservation of property rights.
Saying that property owners want predictability, Commissioner Chang said any
land brought into an urban reserve can be expected to be brought into the UGB
at some point. He referred to the process proposed by the City of Bend to
establish the desired predictability and said cluster development does not
impede future urbanization.
Following further discussion, the Board was in consensus to support applying for
$25,000 in grant funds from DLCD for an Urbanization Coordination for Land
Divisions near Urban Growth Boundaries project.
9. Work Session: Preparation for 2024 Housekeeping Amendments
Public Hearing
Kyle Collins, Associate Planner, said the Planning Division regularly amends
Deschutes County Code (DCC) and the Comprehensive Plan to correct minor
errors identified by staff, other County departments, and the public, and to
update DCC in response to revisions in State law. Collins referred to a full list of
proposed amendments, including revisions to align with State HB 2192 regarding
the replacement of dwellings in the Exclusive Forest Use and Forest Use zones.
Other changes update definitions for "residential facility" and residential home";
allow residential homes outright within all residential zones; allow residential
facilities outright in all zones where multifamily residences are an allowed use;
and provide for new standards for residential homes and facilities within the EFU
Zone.
Collins reviewed the process undertaken to date on the proposed changes,
including a public hearing before the Planning Commission. Saying that one
public comment has been submitted thus far, he concluded that a public hearing
is scheduled before the Board on September 25tn
BOCC MEETING SEPTEMBER 16, 2024 PAGE 10 OF 11
OTHER ITEMS:
• Commissioner DeBone announced he will not be present at the Board's meeting
this Wednesday.
• Commissioner DeBone wished a happy birthday to his wife this Thursday.
• Commissioner DeBone attended the Deschutes Civic Assembly last Saturday,
explaining this was established to address the problem of youth homelessness.
• Commissioner Adair thanked Health Services Director Garceau for speaking to
OHA's practice of allowing many of its staff to work remotely, with problematic
effects.
EXECUTIVE SESSION: None
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 4:46 pm.
DATED this � day of 2024 for the Deschutes County Board of
Commissioners.
in r
PATTI ADAIR, CHAIR
ATTEST:
ANTHONY DEBONE, VICE CHAIR
RECORDING SECRETARY
PHIL CHANG, COMMISSIONER
BOCC MEETING SEPTEMBER 16, 2024 PAGE 11 OF 11
\3T E S COG��
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BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, MONDAY, SEPTEMBER 16, 2024
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend
(541) 388-6570 1 www.deschutes.org
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http•//bit.ly/3mminzy. To attend the meeting virtually via Zoom, see below.
Citizen Input: The public may comment on any topic that is not on the current agenda.
Alternatively, comments may be submitted on any topic at any time by emailing
citizeninput@deschutes.org or leaving a voice message at 541-385-1734.
When in -person comment from the public is allowed at the meeting, public comment will also be
allowed via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *9 to indicate you would like to speak and
*6 to unmute yourself when you are called on.
When it is your turn to provide testimony, you will be promoted from an attendee to a panelist.
You may experience a brief pause as your meeting status changes. Once you have joined as a
panelist, you will be able to turn on your camera, if you would like to.
Deschutes County encourages persons with disabilities to participate in all
programs and activities. This event/location is accessible to people with disabilities.
If you need accommodations to make participation possible, call (541) 388-6572 or
email brenda.fritsvold@deschutes.org.
Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in
sequential order and items, including public hearings, may be heard before or after their listed times.
CALL TO ORDER
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734..
CONSENT AGENDA
1. Approval of Chair Signature of Document No. 2024-761, a Notice of Intent to Award a
contract for Market Research and Strategic Master Plan Design Services for the
Deschutes County Fair & Expo
2. Approval of Document No. 2024-039, a Notice of Intent to Award a contract for the
Hamehook Rd Bridge #17C32 Replacement Project
ACTION ITEMS
3. 1:00 PM Notice of Intent to Award a contract for the Landfill Siting Consultant
Carvirac - Pha-,P
4. 1:10 PM Deschutes County Statewide Transportation Improvement Fund
Advisory Committee Member Roster Update
5. 1:20 PM Proposed changes to the FY25 Fee Schedule
6. 1:40 PM Consideration of first reading of Ordinance 2024-007, adopting the
Deschutes County 2040 Comprehensive Plan Update
7. 1:55 PM Legislative Priorities Review for 2025 Legislative Session
8. 2:40 PM Planning Division Work Plan Update / Long Range Planning / FY 2024-2025
9. 3:00 PM Work Session: Preparation for 2024 Housekeeping Amendments
Public Hearing
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
September 16, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
September 16, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
\XvIES CO
q� 6.< BOARD OF
COMMISSIONERS
MEETING DATE: September 16, 2024
SUBJECT: Deschutes County Statewide Transportation Improvement Fund Advisory
Committee Member Roster Update
RECOMMENDED MOTION:
Move approval of the updated Deschutes Statewide Transportation Improvement Fund
Advisory Committee member roster and two-year reappointments for member terms
expiring in 2024.
BACKGROUND AND POLICY IMPLICATIONS:
See attached memorandum from Derek Hofbauer, COIC Outreach and Engagement
Administrator.
BUDGET IMPACTS:
None
ATTENDANCE:
Derek Hofbauer, COIC Outreach and Engagement Administrator
Memorandum
To: Deschutes County Board of County Commissioners
�99110
From: Derek Hofbauer, COIC Outreach and Engagement Administrator
Date: September 9, 2024
Subject: Deschutes County Statewide Transportation Improvement Fund
Advisory Committee (STIFAC) Member Roster Update
Background
COIC was delegated by Deschutes County to administer its Statewide Transportation
Improvement Fund (STIF) Program. One of COIC's main responsibilities is to manage the
Deschutes County STIF Advisory Committee (STIFAC) meetings and update the member roster.
STIFAC members are appointed by The Deschutes County Board of County Commissioners
(BOCC).
Upcoming meetings for approval of STIF Projects
The STIFAC's next meeting is on Wednesday, October 9, 2024 from 2-4 pm at COIC's
Administrative Office located at 334 NE Hawthorne. The STIFAC will review, discuss, and
prioritize proposed Deschutes County STIF projects during the October 9 meeting. Once the
project list is approved by the STIFAC, COIC will present the projects to the Deschutes County
BOCC for consideration of approval.
Staff recommendation
COIC is seeking consideration of approval from the Deschutes County BOCC during its
September 16 meeting for the updated committee roster presented in this memo, as well as
term renewals for member appointments that expire in December 2024.
2024 Proposed Consolidated STIF Advisory Committee Roster:
10 doting Members and 2 Alternates
Term
STIF Membership
Geographic
Occupation/Affiliation
Name
Expiration
Representation
Area
Aa OR re a
Public Transportation Service
Bend
Transportation Director for Cascades East
Robert Townsend*
2025
Provider*
Transit
Ken TzhoFp**
220224
People with disabilities*
La Pine
intelleetual and
WOFkS with youth with
LeyV*
developmental .disabilities
Executive Director Redmond Proficiency
Jonathon Bullock
2025
Educational institutions
Redmond
Academy
Member of Central Oregon Coalition on
Bill Gregoricus
2924
Individuals age 65 or older
Bend
Access Steering Committee; retained from
2026
People with disabilities
Deschutes STIF Advisory Committee
Iman Simmons
2025
Major public transit destinations
Bend
Chief Operations Officer at St. Charles
Zachary Bass
2026
Major public transit destinations
Redmond
Director of Redmond Airport
2024
Individuals age 65 or older
Director of La Pine Senior Center; retained
Jamie Donahue
2026
Low income individuals
La Pine
from Deschutes STIF Advisory Committee
Andrew Davis
2025
Educational institutions
Bend
COCC Student Campus Life Director
Matthew Schmitz
2024
Transportation logistics
Redmond
Employed at Kendall Auto Group
2026
representative
Dan Youmans
Commerce and/or business
Sunriver Area Chamber of Commerce Board
Kristin Thomas***
2025
community
Sunriver
Member
TFey-fie
2025
Local governments
Sisters
City of Sisters Public Works Department
Jackson Dumanch****
Consultant/teacher who works with
Jennifer Glover
2025
People with disabilities
La Pine
individuals with intellectual and
(alternate)
low-income individuals
developmental disabilities
Casey Bergh
2025
Educational institutions
Bend
OSU-Cascades Transportation Manager
(alternate)
Summary of STIFAC member roster updates and recommendations
* Robert (Bob) Townsend is CET's new Transportation Director and is recommended to replace
Andrea Breault, who no longer works for Cascades East Transit.
**Ken Thorp retired in 2023. His seat will remain vacant on the STIFAC roster pending new
recruitment by COIC staff that will occur in early 2025.
***Kristin Thomas is a Board Member for the Sunriver Area Chamber of Commerce and is
recommended to replace Dan Youmans, who no longer serves on the Board.
****Jason Dumanch works for the City of Sisters Public Works Department and is
recommended to replace Troy Rayburn, who no longer works for the City of Sisters
COIC is seeking BOCC approval to reappoint members with 2024 terms to serve another two
years on the committee.
Example motion
If the BOCC chooses to approve the STIFAC roster and renew terms as presented in the table
above, an example motion is provided below:
"I move to approve the updated Deschutes Statewide Transportation Improvement Fund
Advisory Committee member roster and two-year reappointments for member terms expiring in
2024."
�0S E S CO
BOARD OF
.•�„ COMMISSIONERS
MEETING DATE: September 16, 2024
SUBJECT: Proposed changes to the FY25 Fee Schedule
RECOMMENDED MOTION:
None —information only.
BACKGROUND AND POLICY IMPLICATIONS:
This work session is to review and discuss proposed revisions to departmental fee
schedules. If the Board directs proceeding, staff has tentatively identified September 25,
2024 as a date for a public hearing and Board consideration of fee schedule changes, to
allow for potential October 1, 2024 effective date.
The County's Health Benefits Plan has seen significant increases in costs due to several
factors: a buildup of claims and delayed medical care post -pandemic, higher medical
inflation over the past two years, more large -dollar claims, new specialty drugs becoming
available on the market, and the higher utilization of specialty medications overall. To cover
these rising costs, department premiums were increased by 15% during budget
development for FY25. After the budget development process was complete, HR and
Finance were made aware of additional unanticipated claims. To cover these unanticipated
costs, the department charge was raised by an additional 15% effective August 1, 2024.
Two departments —Community Development Department and Health Services —have
proposed a revised fee schedule to help offset this increase,
Additionally, Information Technology (I.T.) is proposing a new fee, which would help cover
the costs of personnel time and resources used when assisting other cities and counties
with design and development of their databases and systems.
Attached to this staff report are the proposed fee schedules and department memos with
more in-depth information about proposed fees. Staff is available for any questions
BUDGET IMPACTS:
Proposed fees would help to offset increasing costs for departments, including costs
associated with the Health Benefits employer rate increase.
ATTENDANCE:
Sherri Pinner, Senior Management Analyst, Community Development Department
Peter Gutowsky, Director, Community Development Department
Rachel Benson, Business Manager, Health Services
Emily Horton, Public Health Program Manager, Health Services
Eric Mone, Environmental Health Supervisor, Health Services
Cheryl Smallman, Business Officer, Health Services
Kevin Furlong, Operations Manager, I.T.
Cam Sparks, Budget & Financial Planning Manager, Finance
Laura Skundrick, Management Analyst, Finance
To: Board of County Commissioners
From: Peter Gutowsky, AICP, Director
Sherri Pinner, Senior Management Analyst
Date: September 16, 2024
RE: CDD Requested Fee Increases FY 2024-25 - effective November 1, 2024
I. SUMMARY
The Community Development Department (CDD) facilitates orderly growth and development
through coordinated programs of Land Use Planning, Onsite Wastewater, Building Safety, Code
Enforcement, education and service to the public. The department is primarily a fee -
supported department.
CDD was notified of a 15% increase to health plan employer rates (HBT) effective August 2024.
To offset this additional cost, CDD proposes minor fee increases, effective November 1, 2024.
The HBT increase of 15% equates to an estimated $167K additional cost for the department.
The proposed fee increases, effective November 1, 2024, would offset approximately 63% of
this increase. The remaining 37% of the increase is related to the Building Safety Division
which would utilize reserve funds to balance.
Additionally, CDD is allocated General Funds to offset the costs of land use and code
enforcement hearings officer (HO) services. CDD proposes minor fee increases, effective
November 1, 2024, allocated across all land use application types and an increase in the code
enforcement administrative fee to offset this cost. If adopted, CDD would forgo the General
Fund allocation.
II. BACKGROUND
The Board of County Commissioners (Board) adopted FY 25 fee increases in June 2024. These
fees increased the cost of a dwelling permit for a 2,700 livable sq. ft. home in the rural county
by an estimated $1,080 or 12%, from $8,996 to $10,076 and a 4,000 livable sq. ft. home in the
rural county by an estimated $1,672 or 12%, from $13,986 to $15,658. Land use and electrical
applications increased 18% each and onsite wastewater applications increased 14%.
CDD's FY 25 adopted budget includes reserve fund transfers in all divisions totaling $262K. If
reserve funds are utilized to cover the increased cost to HBT, the revised total reserve transfer
is an estimated $429K. CDD's reserve fund internal guideline targets a twelve (12) to eighteen
(18) month operating reserve balance. See Option 1 below for reserve fund balance details.
Included in CDD's FY 25 adopted budget is a General Fund allocation of $100K for HO services.
In FY 24, the cost of HO services totaled $50K. This cost is assumed in Option 3 below.
III. REQUESTED FEE INCREASE OPTIONS - EFFECTIVE NOVEMBER 1st
Three (3) options are presented for the Board's consideration (Attachment). The first option
assumes the department covers 100% of the increased HBT costs through reserve fund
transfers and retains the General Fund allocation for HO services. The second option includes
fee increases to offset the increase in HBT costs and retains the General Fund allocation for HO
Services. The third option includes fee increases to offset the cost of both HBT and HO services
while forgoing the General Fund allocation for HO services.
• Option 1 - The department covers 100% of the HBT cost increase through reserve fund
r _ _1 ._ _ r l r.. J ,III,. ,til,r, fnr Llfl corwiroc Thic nntinn r1Pr'rPArP[
transTers and f etdir 1� Utl ICI dI rUl IU Clllvl auvi i ivi i iv +L+.. ... --
Funds 300 and 302 by four (4) months operating expenditure equivalent.
Fund 300 - General
Fund 301 - Building
Fund 302 -
Divisions
Safety Division
Electrical Division
FY 25 Reserve Fund
$132K
$69K
$61 K
Transfers
Est. # of Operating
4.9 months
22.2 months
8.0 months
Months
HBT Increased Cost
$89K
$61 K
$17K
Est. # of Operating
4.5 months
exceeds target
7.6 months
Months
• Option 2 - Fee increases generate an estimated $106K to cover HBT increases in CDD's
electrical, administrative, onsite wastewater and planning divisions. CDD retains
General Fund allocation for HO services and the Building Safety Division would utilize
reserve funds to balance.
Code Enforcement - .01 %
Building Safety - 0%
Electrical Permits - 2%
-2-
Onsite Wastewater Applications - 2%
Land Use Applications - 2%
Public Information Counter - .01 %
Advanced Planning - .01 %
The cost of a dwelling permit for a 2,700 and 4,000 livable square foot home in the rural
county increases approximately 1.4% from $10,077 to $10,220 and 15,660 to $15,882,
respectively.
• Option 3- Fee increases generate an estimated $156K to cover HBT increases and land
use and code enforcement HO services. CDD would forgo General Fund allocation for
HO services and the Building Safety Division would utilize reserve funds to balance.
Code Enforcement - .03%
Building Safety - 0%
Electrical Permits - 2%
Onsite Wastewater Applications - 2%
Land Use Applications - 6%
Public Information Counter - .01 %
Advanced Planning - .01 %
-r. _r _ _t._._n:...,_ permit
fo, ') -70
0
- —A A nnn 1kinhlo cni inro font hnmz in the rl Iraq
The cost UI a dwelling per IIIll IVI A L,/ VV ai iu --t,vvv nvuNi%. .vv, —..— ...
county increases approximately 2.4% from $10,077 to $10,316 and 15,660 to $16,030,
respectively.
IV. BOARD DIRECTION
1. Option 1 - department covers 100% of the HBT costs increases through reserve fund
transfers and retains General Fund allocation for HO services.
2. Option 2 - fee increases to offset 63% of the increased HBT costs while retaining the
General Fund allocation for HO services.
3. Option 3 - fee increases to offset the increased HBT costs and HO services costs. CDD
would forgo General Fund allocation for HO services.
Attachment
FY 25 Nov. 1 Fee Increase Discussion PPT
-3-
To: Board of County Commissioners
Camilla Sparks, Budget Manager
From: Rachel Benson, Health Services Business Manager
CC: Janice Garceau, Health Services Director
Cheryl Smallman, Health Services Business Officer
Date: 9/9/2024
Re: Proposed FY 2025 Health Services Environmental Health Fee Adjustments
Summary of Changes:
To cover the 15 percent increase in additional FY 2025 personnel health benefits costs, the
Environmental Health program requests an additional 8 percent increase in general fee
services, with an effective date of (10/01/2024).
Summary of Fee Environmental Health Increase from FY 2022 through FY 2025
Program 2022 2023 2024 2025
Environmental Health 1% 7% 10% 4%
Background:
The initial FY 2025 Environmental Health budget included an approved 4 percent general fee
increase on top of an anticipated 1 percent increase in volume for fee -reimbursable services
budget. In addition to the 4 percent increase, two categories received enhanced fee increases —
Mobile Unit Operating License and Tourist Facilities. As the primary funding source for
Environmental Health, the initial budget will not be able to cover the projected deficit caused
by the additional 15 personnel increase in the health benefits cost. It should be noted that due
to low turnover rates, this program cannot count on any vacancy savings and these savings are
removed in revenue projections. With this factored in, the Environmental Health program will
need approximately $116,100 in additional revenue to cover the increase in health benefits
costs in FY 2025. To help achieve this, the Environmental Health program is proposing a general
fee increase of an additional 8 percent. This increase will be applied across all fees, with the
exception of the Food Manager Trainings and late fees. This additional increase, and the
originally anticipated 1 percent increase in volume, is projected to cover the entire deficit.
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Interoffice memorandum
Date: September 9, 2024
To: Board of Commissioners
From: Tania Mahood, Information Technology Director/CTO
Re: New Fee for the Fee Schedule
BACKGROUND
The County's IT team has done great work in developing technology solutions such as Dial,
Community Justice dashboards, ROCS, dog licensing application, and more, which other entities
often admire and seek to replicate. As a result, we are frequently approached for assistance in
these areas. Historically, the IT department has offered services at no cost to other counties and
cities, assisting them with the design, development, integration, deployment, and support of their
databases and systems. Currently, our fee structure only accounts for GIS mapping services, leaving
other areas uncovered. In light of the current financial forecast and the ongoing demand for these
services, IT is recommending consideration for a new fee to charge for these services.
These services often require dedicated resources, including personnel time and technical support,
which can place a strain on our internal operations. By implementing a fee, we will have the ability to
recover costs when providing support to these external groups.
BUDGET IMPLICATIONS
Since this work has not been tracked, there is no accurate understanding of the potential revenue.
The proposed fee, referred to as "Actual Cost of Services (ACS)", would be based on the salary of the
employee performing the work, ensuring it is fair and accurately reflects the time, effort, and
resources used.
REQUESTED BOCC SUPPORT
Staff seeks Board support for Deschutes County IT to add an ACS fee for "Development and
Integrations Services".
�`'���i ES COGZ, 1
BOARD OF
COMMISSIONERS
MEETING DATE: September 16, 2024
SUBJECT: Consideration of first reading of Ordinance 2024-007, adopting the
Deschutes County 2040 Comprehensive Plan Update
RECOMMENDED MOTIONS:
1. Move approval of the September 6, 2024, version of the Deschutes County 2040
Comprehensive Plan.
2. Move approval of first reading of Ordinance 2024-007 by title only.
BACKGROUND AND POLICY IMPLICATIONS:
The Community Development Department has prepared an update to the County's
Comprehensive Plan. Following five deliberations meetings with the Board of
Commissioners, the Board asked staff to return with a clean copy of the document for a
final vote and adoption.
The full record is located on the project website here.
BUDGET IMPACTS:
N/A
ATTENDANCE:
Nicole Mardell, AICP, Senior Long Range Planner
Will Groves, Planning Manager
Peter Gutowsky, Community Development Director
M1, 4►TA[Q:7_h 1fill kTAI
TO: Deschutes County Board of County Commissioners ("Board")
FROM: Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
DATE: September 11, 2024
SUBJECT: Consideration of First Reading - Ordinance 2024-007 Deschutes County 2040
Comprehensive Plan Update
On September 16, 2024, the Board will complete deliberations on the updated September 6,
2024, draft of the Deschutes County 2040 Plan and consider first reading of draft Ordinance
No. 2024-007 adopting the updated plan.
PROPOSAL
Over the course of 24 months, Deschutes County Community Development Department
staff and project consultant, MIG Inc., conducted an extensive process to gather input on an
update of the County's Comprehensive Plan.
The proposal is a legislative text amendment to repeal and replace the 2030 Comprehensive
Plan, adopted in 2011, with the 2040 Plan. No zoning or comprehensive plan map
amendments are being considered, nor are any changes to the County's adopted Goal 5
inventories pertaining to significant natural resources, scenic views, open spaces, mineral
and aggregate sites, and historic and cultural resources.
The full record is included on the project hearing page:
https://www.d esch utes.org/cd/page/247-23-000644-pa-d esc h utes-county-2040-
comprehensive-plan-update-hearing-page.
II. DELIBERATION PROCESS
The 2040 Plan provides background information, a summary of community considerations,
and overarching goal and policy guidance pertaining to key issues facing the county. The
Board held public hearings to gather testimony for the 2040 Plan on April 10, 2024, in Bend';
April 23 in Sunriver'; and April 30 in Sisters3; and May 8 in Bend 4. At the conclusion of the
May 8 hearing, the Commission voted to close the oral record, leave the written record open
until May 30, and commence deliberations at a subsequent meeting.
Staff held a work session with the Board on June 10'to discuss the process for deliberating
the 2040 Plan, ultimately determining to perform an extensive review of the following four
chapters:
• July 22: Chapter 3, Farm and Forest Resources6
• July 24: Chapter 5, Natural Resources'
• July 29: Chapter 7, Natural Hazards'
• August 5: Chapter 11, Unincorporated Communities and Destination Resorts'
August 19: Entire Document Review10
During the August 19 meeting, the Board noted one additional revision to the draft
document and directed staff to return with a finalized version for a vote and consideration
of first reading. The finalized September 6, 2024, version of the document is included as
Exhibit B to Draft Ordinance 2024-007.
I11. NEXT STEPS
Staff will return on Wednesday, September 25 for Second Reading of Ordinance 2024-007.
Attachments:
Draft Ordinance 2024-007
Exhibit A: Legislative History 23.01
Exhibit B: Deschutes County 2040 Comprehensive Plan - September 6, 2024 version
Exhibit C: Legislative History 5.12
Exhibit D: Proposed Findings
1 https•//www
deschutes.org/bcc/page/board-county-commissioners-meeting-162
2https•//www
deschutes org/bcc/page/public-hearing-2020-2040-comprehensive-plan-update
3 https•//www
deschutes.org/bcc/page/public-hearing-2020-2040-comprehensive-plan-update-0
4 https•//www
deschutes org/bcc/page/2020-2040-comprehensive-plan-update-public-hearing
5 https•//www
deschutes.org/bcc/page/board-county-commissioners-meeting-175
6 https•//www
deschutes.org/bcc/page/board-county-commissioners-meeting-179
https://www
deschutes.org/bcc/page/board-county-commissioners-meeting-186
$ https•//www
deschutes.org/bcc/page/board-county-commissioners-meeting-182
9 https•//www
deschutes.org/bcc/page/board-county-commissioners-meeting-183
10 https•//www
deschutes.org/bcc/page/board-county-commissioners-meeting-188
Page 2 of 2
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Repealing and Replacing Title 23, the
Deschutes County Comprehensive Plan * ORDINANCE NO. 2024-007
WHEREAS, the Board of County Commissioners ("Board") requested an extensive update of the
County Comprehensive Plan ("Plan") adopted by Ordinance 2011-003 on August 10, 2011; and
WHEREAS, after notice was given in accordance with applicable law, public hearing was held before
the Deschutes County Planning Commission on October 26, November 9, and December 14, 2023, to consider
the revised draft Plan; and
r n T. _L....,..... 7'1 ')A) A rho Dl Cnmmiss�on fnnx,arded to the Roard of County
WHEREAS, on Febrlj fy LG, [.v/.-r, tux i iar'uxiiig �
Commissioners ("Board") a recommendation of approval to adopt changes to the Plan; and
WHEREAS, after notice was given in accordance with applicable law, public hearings were held before
the Board on April 10 in Bend, April 23 in Sunriver, April 30 in Sisters, and May 8, 2024 in Bend and
concluded that the public will benefit from changes to the Plan; and
WHEREAS, the Board finds it in the public interest to adopt the following Comprehensive Plan
amendments; and
WHEREAS, the Goal Post rule set forth in ORS 227.178(3)(a) prescribes the newly adopted plan apply
to applications submitted after the effective date; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. REPEALING AND REPLACING. Deschutes County Code 23.01(A), adopted by
Ordinance 2011-003, is repealed and replaced with 23.01(BK) to read as described in Exhibit "A", attached
and incorporated by reference herein with repealed language set forth in stFik g and underlined.
Section 2. REPEALING AND REPLACING. The 2010 Deschutes County Comprehensive Plan,
adopted by Ordinance 2011-003, is repealed and replaced with the 2040 Deschutes County Comprehensive Plan,
to read as described in Exhibit `B", attached and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO.2024-007
Section 3. AMENDING. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is
amended to read as described in Exhibit "C", attached and incorporated by reference herein, with new language
underlined.
Section 4. FINDINGS. The Board adopts as its findings Exhibit "D," attached and incorporated by
reference herein.
Section 5. EFFECTIVE DATE. This Ordinance takes effect on the 901h day after the date of adoption
or, if appealed, the date the ordinance is no longer subject to appeal.
Dated this of , 2024 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of I" Reading:
Date of 2" d Reading:
PATTI ADAIR, Chair
ANTHONY DeBONE, Vice Chair
PHILIP CHANG, Commissioner
day of , 2024.
day of 92024.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip Chang
Effective date: day of 12024.
PAGE 2 OF 2 - ORDINANCE NO.2024-007
1�vIES CO
BOARD OF
•�,,, COMMISSIONERS
MEETING DATE: September 16, 2024
SUBJECT: Legislative Priorities Review for 2025 Legislative Session
BACKGROUND AND POLICY IMPLICATIONS:
A draft list of 2025 legislative priorities has been created for the Board's consideration. This
draft list was compiled from conversations with Department Heads and discussions at
BOCC and Budget Committee meetings, and is intended as a starting point to develop the
County's legislative priorities for the upcoming 2025 Legislative Session.
ATTENDANCE:
IPn Patterson. Strateeic Initiatives Manaeer
Doug Riggs, County Lobbyist
2025 Deschutes County Legislative Priorities
Department: 9-1-1
Priorities:
• EMS Modernization
Department: BOCC
Priorities:
• Disccussion about legislative change to allow managed homeless camps in the
unincorporated county; legislative changes that could assist the proposal on the
Gales' property
• Measure 118 Position
o Sales tax on gross receipts of businesses with more than $25 million in
annual sales
o Oregon Business and Industry oppose
• Legislative fix to create a "used system" path for Orenco ATT septic systems
(Commissioner DeBone)
o DEQ
• CORE3
• Cannabis Advisory Panel requirements
Department: CDD
Priorities:
ADUs r
o There are structural inconsistencies with how other residential properties are
regulated .�
■ ADUs in high hazard areas must be fire armed�,'t,
• ADUs in Wildland-Urban Interfaced (WUI) are subject to defensible
space
o ADU clarification language on attached/shared wall vs, standalone structures
Cost of appealing a land use decision does not cover the cost of a hearing
o Currently it costs a flat fee of $250 to appeal a land use decision
■ Previously CDD could pass the fees onto the applicant for cost of
hearing
o Recommending fee should be raised to an amount the reflects the actual
cost of hearing
NFIP/Endangered Species Act Implementation
o Implementing clear and objective standards (legislative clarification)
o Changes to ORS 197A.400
DEQ's onsite wastewater management program is conducting a rulemaking to
address legislative recommendations, enhance environmental protection in high -
risk areas, and to modernize and clarify existing rule language.
Department: Community justice
Priorities:
• Community Corrections/Parole & Probation Funding
• Diversion and treatment options for juveniles with possession of controlled
substances as defined in HB 2002
Adolescent Behavioral Health - Residential Resources
• Opening up the Diversion state pass through dollars to be used with non -
adjudicated youth, as well as adjudicated youth at county's discretion.
• Impacts Grants "Governor's request for $15 Million"
$2 Million for juvenile justice Information System Modernization
Aid & Assist
Medical Examiner System Workgroup
Community Corrections
o Cost study
Department: District Attorney's Office
Priorities:
• Discovery costs
Department: Finance
Priorities:
• CAFFA Funding
Arltlitinnal fi inning fnr assessing taxation to provide essential services
o Possibly withhold a small % of taxes to pay for the services
• HB 4056 -Foreclosed properties (Finance & Property Management)
o Support HB 4056 DOR Workgroup Letter
o What are the requirements? - Need clarification
o Support two separate bills, look back and looking forward
o State housed one website (new concept) vs each County hosted website
o Dept of Treasury taking on an active role in the process
o County does not have the funds for any potential reimbursement - State
needs to provide the funds for look backs
o Consistent guidelines
Department: Health Services - Behavioral Health
Priorities:
Funding for Health Services programming
o Including deflection and stable funding for crisis services
OAR changes related to credentialing and who can perform specific BH work
• HB 4002 implementation
o Deflection dollars coming in
• Child Psychiatric Services in Deschutes County
Department: Health Services - Public Health
Priorities:
• Public Health modernization including investments at the local level
Department: Road
Priorities:
• Transportation Funding Package
o Protect 50-30-20 State Highway Fund Allocation
o Account for significant inflation since 2017 (HB 2017)
• SRS and PILT Advocacy (Federal)
Department: Natural Resources
Priorities:
• Wildfire hazard maps
o WUI
vT E S COGZ-A
a <
MEETING DATE: September 16, 2024
SUBJECT: Planning Division Work Plan Update / Long Range Planning / FY 2024-2025
RECOMMENDED MOTION:
No motion needed. Seeking general Board direction.
BACKGROUND AND POLICY IMPLICATIONS:
The adopted Community Development Department (CDD) FY 2024-25 Work Plan contains
several discretionary long range planning projects varying in complexity. The attached
memorandum summarizes upcoming projects and asks for any comments and revisions
from the Board. The purpose is to ensure that the Planning Division, which has emerging
capacity following completion (or near completion) of prior projects (e.g., the
Comprehensive Plan Update 2040), implements the Board's priorities within available
resources.
BUDGET IMPACTS:
The Urbanization Coordination for Land Divisions near Urban Growth Boundaries optional
project includes $25,000 in Department of Land Conservation and Development (DLCD)
grant dollars.
ATTENDANCE:
Will Groves, Planning Manager
Peter Gutowsky, AICP, Director
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Will Groves, Planning Manager
Peter Gutowsky, AICP, Director
DATE: September 16, 2024
SUBJECT: Planning Division Work Plan Update / Long Range Planning / FY 2024-2025
WORK PLAN DIRECTION
The adopted Community Development Department (CDD) FY 2024-25 Work Plan contains several
discretionary long range planning projects varying in complexity.' This memorandum summarizes
upcoming projects and asks for any comments and revisions from the Board of County Commissioners
(Board). The purpose is to ensure that the Planning Division, which has emerging capacity following
r _ .. ir........-.....4,.,v,.-�.,., DI -An i 1F I to 7f wl imnIPYY1Pr1YC i{'1P
completion (or near completion) of prior pr oject� ���� �N� _� �_� ����_ p lay 1 iInAntp W)Am ,. implements • e -- --
Board's priorities within available resources. Tables 1-2, starting on page 2, list projects that are ongoing,
and yet to be initiated. High profile projects anticipated for FY 24-25 include:
• Clear and Object Standards for Housing
• Newberry Country Plan Update
• Dark Skies
• FEMA BiOp Code Updates
Request
Staff requests the Board acknowledge their priority projects for the remainder of the fiscal year, including
specific guidance for the Urbanization Coordination for Land Divisions near Urban Growth Boundaries
(UGB) project.3
II. BACKGROUND
Each spring, CDD prepares an annual work plan describing proposed projects for the coming fiscal year.
A review of the draft work plan enables the Planning Commission, County Administration, CDD's
customers, partner agencies, and the Board the opportunity to provide input, including additions,
1 https //www deschutes org/sites/default/files/fileattachments/community development/page/18781 /2023-
24 work plan annual report.pdf. Pages 35-38.
2 Newberry Country Plan has been delayed as CDD awaits the results of the EPA Community Change Grant application.
3 Following a Board directed request for this project, DLCD just alerted CDD that a $25,000 grant is available.
modifications, and possible re -prioritization. The work plan describes the most important projects in each
CDD division based on:
1. Board annual goals and policies;
2. Carry-over projects from current or prior years;
3. Changes in state law;
4. Grants/funding sources; and
5. Public comments.
It also serves as the context within which new projects that arise during the fiscal year are prioritized and
undertaken. The Planning Division Work Plan consistently generates public interest.
Ill. ONGOING LONG RANGE PLANNING PROJECTS
Staff is currently processing or coordinating several long range land use projects noted in Table 1.
Table 1 - Ongoing Planning Projects
Project
Summary
Status
Ongoing. Coordinate on growth
management issues, including future
City of Bend
Coordinate with City of Bend on growth management
UGB updates, improvements to the
Coordination
issues.
Outback water treatment facility, and
technical analyses related to housing,
and employment needs.
Participate with Property Management and the City of
La Pine to update and amend the County owned
Ongoing. Staff is coordinating with
City of La Pine
Newberry Neighborhood comprehensive plan
the Property Manager and Strategic
Coordination
designations, master plan and implementing
Initiatives Manager.
regulation. Participate in La Pine 2045 Comprehensive
Plan Update process.
Ongoing. Coordinate to implement
their Comprehensive Plan Update.
Coordinate on CORE3, a multi -
stakeholder regional emergency
coordination center.
City of
Coordinate with City of Redmond on growth
Coordinate to update the joint
Redmond
management issues.
Management Agreement and UH-10
Coordination
zone lands per HB 3197.
Coordinate planning efforts for
McVey interchange on South
Highway 97 to access Large Lot
Industrial Lands.
Coordinate with City of Sisters on growth management
issues.
Ongoing. Participate in the
implementation of Sisters Country
City of Sisters
Vision Plan, their Comprehensive
Coordination
Plan Update, and UGB Expansion
process.
-2-
Project
Summary
Status
Initiate amendments in coordination with consultants
funded through a Department of Land Conservation
Ongoing. Together with the
Clear and
Development (DLCD) grant. The Oregon Legislature
consultant (MIG), staff is developing
recently enacted HB 3197 into law. It requires counties
draft updates to Titles 17 and 18.
Object
Standards for
to adopt and apply clear and objective standards,
Legislative amendments with the
g
Housing
conditions, and procedures regulating housing in
Planning Commission will begin in
unincorporated communities, Rural Residential
this fall or early winter.
Exception Areas, and nonresource lands. It has an
effective date of July 1, 2025.
Ongoing. The Board is scheduled to
Staff -initiated amendment to its Comprehensive Plan,
complete deliberations and first
Comprehensive
This update provides overarching policy guidance on
reading on September 16. Staff will
Plan Update
land use and planning related issues for the years
then bring forward the action plan
(2040)
2020-2040. A draft has been released for public review.
for recognition by the Planning
Commission and Board.
Destination Resort Overnight Lodging Unit Annual
Ongoing. Staff coordinates with
Reporting
relevant stakeholders for these tasks
Coordination
Projects
Marijuana Annual Reporting / Inspections
and reports results to the Board
annually.
Portland State University Annual Population Estimate
On oin . The Minor Partition
application was approved in October
2023.
CORE 3
(Regional
Applicant -initiated UGB amendment for a 300-acre
The initial Hearing's Officer hearing
_._
was conducted on August 8, 2024
Emergency
regional emergency training center in RedrnOrld.
ann d a recommendation of approval
Training Center)
to the Board was issued on August
30, 2024. Board hearing to be
scheduled for fall 2024.
Ongoing. Staff is preparing a
Revisiting the County's existing Outdoor Lighting
summary report of steering
committee comments and
Dark Skies
ordinance and public education/outreach,
recommendations for the Board's
consideration.
Ongoing. Staff submitted the grant
Submission of $20 million grant application to the U.S.
application in July. EPA notified staff
Environmental Protection Agency (EPA) to fund
in early August that the application is
activities in economically disadvantaged census block
complete and would move forward
EPA Community
groups near La Pine. Activities include community
for review. If the grant is awarded,
Change Grant
engagement associated with the Newberry Country
significant staff time will need to be
Plan update, fuels treatment on county owned lands,
allocated for community
septic system upgrades, well deepening, and home
engagement and project
weatherization.
management activities.
Following the outcome of a 2016 Federal Emergency
Management Agency (FEMA) Biological Opinion and
associated litigation, Deschutes County is required to
update its Floodplain ordinance. This update,
Ongoing. Staff is coordinating with
FEMA BiOp Code
prescribed by FEMA, is required to continue
FEMA and DLCD on a draft model
Updates
participation in the National Flood Insurance program.
code.
The new measures are intended to provide greater
protection for endangered salmon and steelhead
populations.
-3-
Project
Summary
Status
Coordinate and/or participate on Deschutes County
Ongoing. These meetings occur
Growth
Management
Bicycle and Pedestrian Committee (BPAC), Project
monthly except for the Mitigation
and Enhancement Committee, which
Committees
Wildfire, Mitigation and Enhancement Committee, and
is annual, and Bend MPO TAC
Bend MPO Technical Advisory Committee (TAC).
meetings which are quarterly.
Administer 2024-25 Certified Local Government Grant
meetings are held
Historic
from SHPO. Coordinate and participate in Historic
quarterly, with additional meetings
quarterly, with
qu
Preservation
Landmarks Commission meetings, develop agendas,
as needed.
train commissioners, manage recruitment as needed.
Housekeeping
Initiate housekeeping amendments to ensure County
Ongoing The Board will hold a public
Amendments
Code complies with State law and/or fix scrivener's
hearing on September 25.
errors to maintain code consistency.
Ongoing. Coordination with
Administration, Board, and
Association of Oregon Counties
occurs every fall and during the short
Legislative
Participate in legislative or rulemaking work groups to
and regular legislative sessions.
Session
shape state laws to benefit Deschutes County.
Monitor rulemaking as it pertains to
Goal 5 - Cultural Areas, Farm and
Forest Conservation Program
Improvements, and Eastern Oregon
Solar Siting.
Ongoing. The Board held a hearing
Mini -Storage
Two applicant -initiated amendments to allow storage
on August 28 to consider the
Highway 20 proposal and will hold a
Text
units in the Multiple Use Agricultural-10 zone in certain
hearing on September 25 to consider
Amendments
areas adjacent to Highway 97 and Highway 20,
the Highway 97 proposal.
respectively.
Deliberations are anticipated for
early October on each one.
Ongoing. Deschutes County has a
long-standing policy to timely
Nonresource
Applicant -initiated Plan Amendment and Zone Change
Process applicant -initiated plan
Land
applications to change Exclusive Farm Use (EFU)
amendment, zone changes. These
Amendments
zoning. Staff is currently processing six applications,
plan amendments and zone changes
with 1,363 proposed rezoned acres.
require significant resources and are
becoming increasingly common.
Ongoing. The Board held a public
Staff -initiated amendments based on Senate Bill 1013
hearing on May 8 and began
Recreational
authorizing counties to allow an owner of a lot or parcel
deliberating on June 10. On August
Vehicles as
in a rural area to site on the property one recreational
14, the Board reopened the record
Rental
vehicle that is used for residential purposes and is
until November 1 to receive
Dwellings
subject to a residential rental agreement and
additional input. Staff anticipates
Amendments
additional criteria.
continued deliberations on
November 13.
M
Project
Summary
Status
Ongoing. Coordination with relevant
fire protection districts is currently
underway to identify high priority
roads requiring new names.
Process Road Naming requests associated with certain
Coordination efforts with Redmond
Road Naming
types of development on a semi-annual basis.
Fire District will take place in winter
2024-25 to identify potential for text
amendments to DCC 16.16 for Road
Naming requests within Redmond
Fire & Rescue boundaries.
Update of 2020 Rural Housing Profile report, which
summarized recent demographics pertaining to
Ongoing. Staff is currently updating
2024 Rural
housing in the rural county, vacant lands, market
the report with recent data and will
Housing Profile
trends, and current and future Deschutes County
share with the Board in November.
housing initiatives.
Participate as a cooperating agency with the Bureau of
Ongoing. Staff will continue to
Land Management (BLM) to evaluate alternative
represent the County at multi -agency
management approaches to contribute to the
coordination meetings as part of the
Sage Grouse
conservation of sagebrush habitats on federal lands. In
BLM's Greater Sage Grouse planning
Coordination
December 2023, the Oregon Fish and Wildlife
process. Following rulemaking from
Commission adopted updated habitat maps for sage-
DLCD, staff will initiate a plan and
grouse. DLCD will adopt rulemaking in 2024 to require
map amendment for the Greater
local governments to recognize these new maps.
Sage -Grouse Combining Zone.
Certain properties in rural Deschutes County will be
n... ,.,. ..,. Stall coordination with
VII�VIII�. JlLlll III l.00l uiiiu uvn vviu.
the County Forester is monitoring
subject to new wildfire mitigation measures as
and will provide regular updates to
approved under Senate Bill (SB) 762 and ultimately
the Board when the final State
Wildfire
amended pursuant to SB 80. One of the primary pieces
Wildfire Hazard Map is released on
Hazard
Mitigation
of SB 762 and SB 80 is the creation of a comprehensive
October 1, Staff anticipates all
Statewide Wildfire Hazard Map to guide new wildfire
relevant regulations associated with
regulations for development.
the Hazard Map will become effective
in Spring 2025.
IV. PROJECTS NOT YET INITIATED
Table 2 lists long range planning projects that have not been initiated. It recognizes staffing resource
requirements for each project. They range from "minor" to "significant" as noted below:
• A "minor" rating (2 to 6 months)
• A "moderate" rating (4 to 8 months)
• A "significant" rating (6 to 12 months)
Table 2 - Non -initiated Long Range Planning Projects
Project Summary I County Resources
Newberry Develop a scope of work to update the Newberry Country Plan. Public
County Plan Significant
Update engagement will kick-off in fall 2024 or winter 2025.
-5-
Project
Summary
County Resources
Terrebonne
Develop a scope of work to update the Terrebonne Community Plan. Public
Significant
Community
engagement could kick-off in 2026.
Plan Update
Numerous land use applications for plan amendment/zone changes have
resulted in significant areas being rezoned from EFU to rural residential
(either RR-10 or MUA-10). For properties closer to the Bend UGB, it is
Urbanization
important to anticipate future urbanization to ensure orderly development
Coordination
once those properties are annexed into the City of Bend. This project would
Moderate
for Land
explore code amendments that require land divisions to be completed as
Divisions near
cluster developments within a certain distance -likely two miles -of a UGB.
UGBs
This change could allow some rural development now while retaining the
greater proportion of a site for future urban development. $25,000 in DLCD
grant support is available.
• Minor variance 10% lot area rule for farm and forest zoned properties.
Minor
(Attachment A)
• Outdoor Mass Gatherings update. (Attachment B)
Moderate
• Lot Line Adjustments and Re -platting. (Attachment C)
Moderate
• Sign code to become consistent with federal law. (Attachment D)
Moderate
• Accessory structure amendments clarifying they must be built
concurrent with or after the establishment of a primary residence.
Moderate
Specify allowed facilities (baths, cook tops, wet bar) in residential
accessory structures. (Attachment E)
• Section 6409(a) of the Spectrum Act. (Attachment F)
Minor
nofi. family for i inrPlatPd nersons HB 2538. Non -familial Individuals.
. ,.., . _... -- - - -
Moderate
(Attachment G)
Zoning
0 Allow "self -serve" farm stands in Rural residential Exception Areas.
Minor
Amendments4
(Attachment H)
• Comply with House Bill 3109 (2021) pertaining to establishment of
Minor
childcare facilities in industrial zones. (Attachment 1)
• Medical Hardship Dwellings —review for consistency with state law.
Minor
(Attachment j)
• Title 19, 20, 21—Language related to Class I, 11, and III road projects as
Minor
allowed uses. (Attachment K)
• Title 22—Procedures Ordinance for consistency with state law and
Minor
planning department interpretations. (Attachment L)
• Wetland Regulation Clarification for Irrigation or Artificially Created
Significant
Wetlands. (Attachment M)
• Improve internal and statutory consistency for Forest Zoning Code
Moderate
(Attachment N)
V. BOARD DIRECTION
Staff requests the Board acknowledge their priority projects for the remainder of the calendar year,
including specific guidance for the Urbanization Coordination for Land Divisions near UGB project.
Given the level of interest in the work plan, the Board may decide to provide direction to CDD at a
subsequent meeting.
4 Detailed descriptions of Zoning Amendment projects are provided as attachments to this memo, as noted.
-6-
Attachments
A. Minor Variance /10% Lot Area Rule
B. Outdoor Mass Gathering Update
C. Lot Line Adjustment and Replatting
D. Sign Code
E. Accessory Structures
F. Spectrum Act / Section 6409(a)
G. Family Definition for Unrelated Persons (HB 2538)
H. Self -serve Farm Stands
I. Childcare Facilities
J. Medical Hardship Dwellings
K. Title 19, 20, 21 and Road Projects
L. Procedures Ordinance and Interpretations
M. Wetland Regulation Clarification
N. Forest Zoning Code Update
O. Urbanization Coordination for Land Divisions near UGBs
-7-
Attachment A Minor variance 10% lot area rule for farm and forest zoned properties
BACKGROUND & OVERVIEW
Lot line adjustments have been used to circumvent lot -area -based development standards both
under local code and state statute. In 1991, County Code was amended (Ord. 91-038) to limit area
reduction of lots that are currently smaller than the minimum lot size (to a maximum reduction of
ten percent) without a more complicated variance review process.
In the past two decades, state statute (ORS 92.192) has been updated to include protections for lot -
area -based standards that are more robust and nuanced than the County Code provision. Currently
both the state and county protections apply. However, because the County provisions are more of
a "blunt instrument", they cause unexpected problems for operators of large farms. Specifically,
because the minimum lot size for most farm -zoned properties is 80 acres, the transfer of sub-80
acre pieces between neighboring farm operations is needlessly complicated by County Code.
CURRENT PROCESS & CHANGES
Potential text amendments would remove the conflict between DCC and ORS by changing DCC
18.132.025 to exclude farm and forest zone properties from the County's ten -percent reduction
limitation.
Key Amendment Concerns
Staff Effort/Resources
Medium/Low
Legal Complexity
Low
Implementation Urgency
Medium/Low
Attachment B - Outdoor Mass Gathering - Revise County Code to Reflect Changes in State
Statute
BACKGROUND & OVERVIEW
Multi -day festivals have long been held in Oregon and multi -day music festivals became especially
popular in Deschutes County in the mid-2000s. Between 2013 and 2022, the County processed 12
Outdoor Mass Gathering (OMG)' applications including Board Hearings on the dozen applications.
Many of these applications were for the Four Peaks Music Festival. Issues for the OMG permits
ranged from noise to traffic to incompatibility with adjacent land uses. The applicable review and
approval criteria for Outdoor Mass Gatherings (OMG) are found in Deschutes County Code (DCC)
8.16 (Events, Parades, Funeral Processions, and Outdoor Mass Gatherings) specifically DCC 8.16.010
and DCC 8.16.150 through 8.16.340. This code language must be consistent with state statute,
specifically Oregon Revised Statute (ORS) 433.735 to 433.770 (Regulation of Outdoor Mass
Gatherings)
Concerns about the effects of OMGs as well as a patchwork approach in statute to outdoor events
eventually led the Legislature to approve HB 2790 (2019) to modify Oregon Revised Statute (ORS)
433,735 to ORS 4.33.770. Previously, OMGs were regulated only for health and safety under ORS
433.750 and were not land use decisions under ORS 197.015(10)(d). HB 2790 made local review of
a permit for a single gathering of more than 3,000 people and lasting more than 120 hours into a
land use decision.
OMGs that are not a land use decision, but regulated by health and safety regulations only:
• Events of less than 3,000 people lasting up to 120 hours
• Events of more than 3,000 people, but lasting less than 24 hours
• Events of more than 3,000 people lasting up to 120 hours
CURRENT PROCESS & CHANGES
Under DCC 8.16.170(A), the County requires permits for OMGs and Extended OMGs with public
hearings before the Board for OMGs and the Planning Commission for Extended OMGs, Under HB
1 Defined in ORS 433.375(2) as a gathering in an open space with actual or reasonably anticipated attendance of more than
3,000 people and lasting between 24 and 120 hours and occurs once within a three-month period. DCC 8.16.010 defines an
OMG sets actual or expected attendance of between 500 and 3,000 people and last for between more than 4 and less than
24 hours. DCC 8.16.010 defines an Extended OMG as attendance expected of more than 3,000 people or more than 500
persons for an event that last more than 240 hours, including set-up and breakdown.
2790, an application for an OMG becomes a land use decision - thus following the requirements of
Title 22 - and the decision can be made adrninistratively or before a hearings officer, and is
appealable to the Board and ultimately the Land Use Board of Appeals (LUBA). Changes would need
to be made to DCC 8.16 to reflect changes in definitions and processes.
Key Amendment Concerns
Staff Effort/Resources
Medium
Legal Complexity
Low
Implementation Urgency
Low
Page 2 of 2
Attachment C - Replatting and Property Line Adjustment Amendments
BACKGROUND & OVERVIEW
Property owners have two primary options for adjusting the boundaries of properties created
through subdivisions or partitions:
1. Replats
2. Property line adjustments/consolidations
Simple lot line adjustments involving a single property line are adequately regulated under statute
(ORS 92.192). Significant reconfiguration of partitions and subdivisions are regulated under
replatting standards, which are more comprehensive and take into account how reconfiguration of
properties might affect surrounding roads, emergency access, and infrastructure capacity.
However, the Deschutes County Code contains ambiguous language defining when applicants
should
utilize
replatting cnniru1unri ru:c� w�n..rc�i.aic� nNrn.,na...r,tyy l.in..o� a...r..l.�iu.,..s.t.m...e..n,.t..c.. a�n...,d, nrnnerty line
r. -r-• -� - -
consolidations.
CURRENT PROCESS & CHANGES
As noted by the by the Deschutes County Road Department, under current county code, the
potential exists for an applicant to apply for a series of property line adjustments to convert
adjoining undevelopable properties into developable properties without any consideration for
transportation infrastructure impacts. This potential is particularly present in undeveloped portions
of subdivisions platted prior to the statewide land use program. Notable examples include portions
of the Hillman, Millican, Centralo, and Laidlaw townsite plats. While the Road Department does not
have specific recommendations to correct these issues, they outline the following possibilities:
• Property line adjustments that would reconfigure existing adjoining undevelopable units of
platted land into a certain number of developable units of land shall be processed as a replat.
• Property line adjustments that would allow for development that is not subject to site plan
review with the potential to generate a certain number of weekday PM peak -hour trips shall
be processed as a replat.
Code amendments to address these issues would allow a more clear understanding of the
thresholds for applying replatting standards versus more simplified property line adjustment
standards. While generally uncommon, staff has encountered high profile applications wherein
definitional clarity between these two application types would have avoided additional legal or
consultant fees for the applicant while also addressing the impact concerns of the Road and
Community Development Departments.
Key Amendment Concerns
Staff Effort/Resources
Medium
Legal Complexity
Medium
Implementation Urgency
Medium
Page 2 of 2
Attachment D - Sign Code Amendments
BACKGROUND & OVERVIEW
Currently, Deschutes County Code includes limitations on signs based on their content. In Reed V.
Town of Gilbert (2015), the U.S. Supreme Court found a content -based sign ordinance may impede
on an applicant's First Amendment right to Freedom of Speech based on the content of a given sign.
Building on Reed, the Court reviewed a separate sign code -based case under City of Austin v. Reagan
National Advertising of Austin (2022). In Austin, the U.S. Supreme Court found that certain sign code
provisions (such as requiring advertising signs to be placed on the premises of the entity being
advertised) can be considered content -neutral under the right to Freedom of Speech under the First
Amendment of the U.S. Constitution.
Deschutes County currently implements its Sign Code through Deschutes County Code Title 15.08.
Reed implies that Deschutes County should ensure that their Sign Code provisions are "content -
neutral" or else be subject to "strict scrutiny" under the First Amendment. Austin implies that not all
provisions of a given sign code are automatically "content -based" and, therefore, some sign code
provisions are subject to intermediate scrutiny" rather than "strict scrutiny" under the First
Amendment. In Austin, the U.S. Supreme Court found that, in order to survive intermediate scrutiny,
a restriction on speech or expression must be "narrowly tailored to serve a significant government
interest".
CURRENT PROCESS & CHANGES
Revisions to the Sign Code could ultimately bring Title 15.08 into compliance with Federal case law
and interpretations around sign content and Freedom of Speech included in Reed (2015) and Austin
(2022). Staff foresees working closely with County Legal Counsel to review the existing Sign Code,
ensuring that content -based provisions are designed to be content -neutral.
Key Amendment Concerns
Staff Effort/Resources
Medium/High
Legal Complexity
Medium/High
Implementation Urgency
Medium
W
� ES
•COMMUNITY DEVELOPMENZ
Attachment E - Accessory Structure Amendments
BACKGROUND & OVERVIEW
The County regularly receives requests for residential accessory buildings with many of the features
of dwelling units (e.g. kitchen -like areas, multiple full -baths, wet bars). Despite careful
communication with developers, these residential accessory buildings are often converted to illegal
dwelling units or are misrepresented as ADUs to subsequent buyers of the property.
The Deschutes County Code (DCC) lacks provisions common in other Counties' code such as:
1) Specification of allowed plumbing and other dwelling -like features permissible in
residential accessory buildings,
2) A requirement for a recording to the property title, alerting future buyers that the
residential accessory building is not an ADU, or
3) A requirement that that the dwelling (primary use) must be constructed first (or at the
same time) as residential accessory buildings.
CURRENT PROCESS & CHANGES
The Board has expressed interest in creating clarity within the County Code around these potentially
ambiguous provisions. As one example, the City of Bend currently utilizes a code system that
provides specific definitions of certain improvement types, and clear standards of when and where
these improvements are allowed. City of Bend also provides accessory structure -related code
language, clearly specifying that primary uses must be established prior to accessory structures.
Revisions to County Code related to residential accessory buildings could offer more clarity for
residential property owners looking to develop and could help with the differentiation between
primary and accessory structures.
Key Amendment Concerns
Staff Effort/Resources
Medium
Legal Complexity
Medium
Implementation Urgency
Medium/High
9/11/24, 1:05 PM
FW: October 26th Event - Whitney Hale - Outlook
FW: October 26th Event
Geoff Hinds <Geoff.Hinds@deschutes.org>
Tue 9/10/2024 9:54 AM
To:Whitney Hale <Whitney.Hale@deschutes.org>
FYI: we can discuss on our call this afternoon
Thank you,
G4 R. Nam► CFE
DIRECTOR, FAIR & EXPO
�1...f1P k,OE »CHUTES COUNTY FAIR & EXPO CENTER
3800 SW Airport Way I Redmond, Oregon 97756
Tel: (541) 548-2711
Web:
[expo.deschutes.org)expo.deschutes.org
From: Brandi Ebner <Brandi.Ebner@deschutes.org>
Sent: Tuesday, September 10, 2024 9:49 AM
To: Geoff Hinds <Geoff.Hinds@deschutes.org>
Subject: FW: October 26th Event
More info on the artists he is planning for Oct 26.
Brandi Ebner, IOM
Deschutes County Expo Center & Deschutes County Fair & Rodeo (July 31-August 4, 2024)
3800 SW Airport Way, Redmond, Oregon 97756
Office: (541) 548-2711 1 Direct: (541) 585-7208
f IVID,
� C fuk1U§i YtYY.i`.'R' FMPPt:P{yl `.y'iA5:1
From: Dane <dane@danelomax.com>
Sent: Tuesday, September 10, 2024 9:46 AM
To: Brandi Ebner <Brandi.Ebner@deschutes.org>
Subject: October 26th Event
.1You don't often get email from dane@danelomax.com. Learn why this is important
Caution: External email to Deschutes County: If unexpected or unfamiliar, be cautious with
links and attachments. Contact your IT Dept if unsure.
9/11/24, 1:05 PM
Dear Brandi,
FW: October 25th Event -Whitney Hale - Outiook
I hope this email finds you well. I wanted to take a moment to express my gratitude for the time we spent
together yesterday. It was truly appreciated.
I am thrilled about the proposal you mentioned for hosting an event/fuAraiser to support Central Oregon First
Responders and Wildfire fighters. I am excited to see your ideas on how we can bring in some amazing
talent, including Tim Montana, Jacquie Roar, Robert J. O'Neil, Mark'Oz' Geist, and former Miss Oregon, Elie
Harris, to make this a memorable event.
have also reached out to Courtney, as you suggested, and I look forward to hearing his thoughts on this as
well.
Thank you once again for your time and efforts. I am eager to see what we can accomplish together.
Best regards,
Dane
Sent with Proton Mail secure email.
2/2
Attachment F - Spectrum Act - Wireless Telecommunication Amendments
BACKGROUND & OVERVIEW
on February 22, 2012, the Middle Class Tax Relief and job Creation Act of 2012 became law. Section
6409(a) of the act, also known as the Spectrum Act, was intended to advance wireless broadband
service for public safety and commercial purposes and to provide for the creation of a broadband
communications network for first responders. Along with Section 704 of the Telecommunications
Act of 1996 (Public Law 104-104), the Spectrum Act can be viewed as part of the ongoing effort by
the wireless industry to achieve federal preemption over local telecommunications zoning
regulations. As such, Deschutes County (along with many other State and local governments) must
alter existing telecommunication regulations which do not align with certain aspects of the
Spectrum Act.
The Spectrum Act and corresponding Federal Communications Commission (FCC) rulings outline
the following standards:
• Applies to collocations, removals, or modification of equipment on wireless towers or base
stations;
• Mandates that a State or local government "may not deny, and shall approve" any application
covered by section 6409(a);
• Does not apply to collocation on a structure that is not a wireless tower or base station; and
• Does not apply if action substantially changes the physical dimensions of a tower or base
station.
Regarding the process for reviewing an application under Section 6409(a), the FCC also provides
that:
A State or local government may only require applicants to provide documentation that
is reasonably related to determining whether the eligible facilities request meets the
requirements of Section 6409(a);
A state or local government must approve an application covered by Section 6409(a)
within 60 days from the date of filing, subject to tolling; the running of the period may be
tolled by mutual agreement or upon notice that an application is incomplete, but not by
a moratorium (an incomplete notice must be provided according with the same
deadlines and requirements applicable under Section 704 of the Telecommunications
Act of 1996, codified as 47 U.S.C. § 332(c)(7)); and
An application filed under Section 6409(a) is deemed granted if a State or local
government fails to act on it within the requisite time period;
in the summary, Section 6409(a) restricts local land use review of modifications and collocations by
establishing a "substantial change" test as the primary eligibility determinant for review exemptions
afforded by the Spectrum Act and reduces the application processing "shot clock" from 90 days to
60 days.
CURRENT PROCESS & CHANGES
Deschutes County Code (DCC) Section 18.116.250 contains provisions which directly contradict the
standards of the Spectrum Act described above. However, the Community Development
Department (CDD) currently evaluates and approves applications for non -substantial changes to
physical portions of existing wireless telecommunication facilities (such as collocations of
infrastructure) pursuant to the standards of Section 6409(a).
However, code amendments would allow a more seamless understanding of the Spectrum Act
approval standards for both staff and applicants by codified the Spectrum Act standards in formal
Deschutes County documents and ordinances. Any proposed amendments would ultimately
include an objective set of standards for what constitutes "substantial changes" to existing wireless
telecommunication facilities.
Key Amendment Concerns
Staff Effort/Resources
Medium/Low
Legal Complexity
Medium
Implementation Urgency
Medium/Low
Page 2 of 2
Attachment G Amend County Code to define family for unrelated persons, Non -familial
Individuals (HB 2583)
BACKGROUND & OVERVIEW
Until the passage of House Bill 2583 in 2021, local law in Oregon dictated residential occupancy
limits based on "family" or "related" persons, essentially limiting how many unrelated people could
share a home, regardless of dwelling type, size, or ownership status. This restriction served to
unnecessarily limit housing choices —a particular pressure point in the current housing crisis.
HB 2583 now precludes the "family" clause from single-family occupancy requirements, stating:
"A maximum occupancy limit may not be established or enforced by any local government,
as defined in ORS 197.015, for any residential dwelling unit, as defined in ORS 90.100, if the
restriction is based on the familial or nonfamilial relationships among any occupants."
CURRENT PROCESS & CHANGES
Deschutes County Code (DCC) Section 18.04.030, Definitions, currently defines "family" as:
"an individual or two or more persons related by blood, marriage, legal adoption, or legal
guardianship living together as one housekeeping unit using a common kitchen and
providing meals or lodging to not more than three additional unrelated persons, excluding
servants, or a group of not more than five unrelated persons living together as one
housekeeping unit using a common kitchen."
This allows a total of five people if the residents are unrelated, but an undetermined number if the
dwelling houses a family (which could be any size) as well as three unrelated persons.
Staff is investigating how other Oregon Counties have approached House Bill 2583. Clackamas
County, for example, allows a total of 15 persons, regardless of relationship.
Utilizing a flat occupancy rate (like Clackamas County) means that a small home would have the
same occupancy limit as a large home, which seems relatively illogical and could result in
overcrowding of smaller dwellings as well as overloading of septic systems. Relating occupancy to
number of bedrooms appears reasonable in that the occupancy limits would relate to the size of
the dwelling. However, this could also lead to complications with respect to what is considered a
bedroom. Often, rooms are used as bedrooms by residents even if they do not meet the definition
in the building code with respect to windows, egress, and size.
This amendment would require choosing a policy direction for a preferred definition as it relates to
occupancy.
Key Amendment Concerns
Staff Effort/Resources
Medium/Low
Legal Complexity
Low
Implementation Urgency
Medium/Low
Page 2 of 2
01 E S c®�
Attachment H - Self Service Farm Stands
BACKGROUND & OVERVIEW
"Self -Service" farm stands are starting to pop up in commercial areas (Tumalo, outside of Redmond)
and rights of way. It could be valuable to streamline requirements for certain farm stands with
limited impacts to support agriculture while reducing impacts to farmlands and residential uses. A
simple permitting process could allow for the uses while controlling for health/safety issues. A main
concern from the Oregon Department of Agriculture (ODA) is ensuring these don't end up being the
neighborhood grocery store.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore implementing
regulations.
Key Amendment Concerns
Staff Effort/Resources
Low
Legal Complexity
Low
Implementation Urgency
Medium
9/11/24, 1:06 PM
FW: October 26th Event - Whitney Hale - Outlook
FW: October 26th Event
Geoff Hinds <Geoff.Hinds@deschutes.org>
Tue 9/10/2024 9:54 AM
To:Whitney Hale <Whitney.Hale@deschutes.org>
FYI: we can discuss on our call this afternoon
Thank you,
G4 R. Ham, eFE
DIRECTOR, FAIR & EXPO
ESCHUTES COUNTY FAIR & EXPO CENTER
CENTER 3800 SW Airport Way I Redmond, Oregon 97756
- Tel: (541) 548-2711
Web:
[expo.deschutes.org)expo.deschutes.org
From: Brandi Ebner <Brandi.Ebner@deschutes.org>
Sent: Tuesday, September 10, 2024 9:49 AM
To: Geoff Hinds <Geoff.Hinds@deschutes.org>
Subject: FW: October 26th Event
More info on the artists he is planning for Oct 26.
Brandi Ebner, IOM
Deschutes County Expo Center & Deschutes County Fair & Rodeo (July 31-August 4, 2024)
3800 SW Airport Way, Redmond, Oregon 97756
Office: (541) 548-2711 1 Direct: (541) 585-7208
From: Dane <dane@danelomax.com>
Sent: Tuesday, September 10, 2024 9:46 AM
To: Brandi Ebner <Brandi.Ebner@deschutes.org>
Subject: October 26th Event
"You don't often, get email from dane@danelomax.com. Learn why this is unportant
Caution: External email to Deschutes County: If unexpected or unfamiliar, be cautious with
links and attachments. Contact your IT Dept if unsure.
1/2
9/11/24, 1:06 PM
Dear Brandi,
FW: October 26th Event - Whitney Hale - Outlook
I hope this email finds you well. I wanted to take a moment to express my gratitude for the time we spent
together yesterday. It was truly appreciated.
I am thrilled about the proposal you mentioned for hosting an event/fundraiser to support Central Oregon First
Responders and Wildfire fighters. I am excited to see your ideas on how we can bring in some amazing
talent, including Tim Montana, Jacquie Roar, Robert J. O'Neil, Mark'Oz' Geist, and former Miss Oregon, Elle
Harris, to make this a memorable event.
I have also reached out to Courtney, as you suggested, and I look forward to hearing his thoughts on this as
well.
Thank you once again for your time and efforts. I am eager to see what we can accomplish together.
Best regards,
Dane
Sent with Proton Mail secure email.
2/2
\�'C ES C'®G
Attachment I - Childcare Facilities In Industrial Zones
BACKGROUND & OVERVIEW
State statute, under HB 3109 (2021), established that childcare centers are permitted use in all
commercial or industrial zoned areas. Local code updates would be required to implement this
standard.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating local code
relating to childcare facilities in industrial zones.
Key Amendment Concerns
Statt tftort/.Resources
Low
Legal Complexity
Low
Implementation Urgency
Medium
Attachment j - Medical Hardship Code Update
BACKGROUND & OVERVIEW
Under state law, a county may allow a temporary residence, in addition to an existing residence, for
the term of the hardship suffered by the existing resident or relative. Deschutes County implements
this locally in DCC 18.116.090 for all zones and DCC 18.16.050(H) for the farm zone, and DCC 18.36
and 18.40 for the forest zones.
There are some important differences between the resource zone (farm and forest) state
implementation and the local rules that apply to these uses. For example:
• Temporary residences can include existing structures in state code, in addition to
recreational vehicles and manufactured homes. Locally, existing structures are currently
only allowed to be used as hardship dwellings in resource zones.
Under
._ _.._�_ __..I.. ��4.- rl.-t,ir��� i-rh irioc 11hnrrlchin for the rare of an aged or infirm iDerson
• under state code, a I iai Use ip 11 . �uu. , — "I...r .— _.._ _�. - - -- - -
or persons", which is not expressly allowed locally.
• Local code recognizes hardships suffered by a property owner or relative off the property
owner. State code more broadly recognizes hardships suffered by residents or their
relatives.
• Local code required that a "medical condition exists". State code specifies that there must
be a "medical hardship".
• Local code requires annual review. State code allowed review of these approvals to
occurs every two years.
• State code specifies, "A manufactured dwelling shall use the same subsurface sewage
disposal system used by the existing dwelling, if that disposal system is adequate to
accommodate the additional dwelling."
Staff notes that these differences are allowed under the state code and that any changes to
synchronize state and local codes is not compelled and would be a local choice.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating the Medical
Hardship Code.
Key Amendment Concerns
Staff Effort/Resources__ J
__ Low
Legal Complexity _
_ _ Low
Implementation Urgency _
Medium
Page 2 of 2
4JES
C'ow2...a
Attachment K Titles 19 21 Road and Street Projects Update
BACKGROUND & OVERVIEW
Deschutes County Code (DCC) Title 18,04.030 (Definitions) describes the various land use activities
allowed in various County zones. For transportation projects, these are defined in 18.04.030 as
either Class I, Class II, or Class III road and street projects with Class I and Class II requiring land use
permits while Class III does not. As growth occurs in the County's urban areas, State highway, County
roads, and City streets require either improvements or entirely new facilities. County lands that
border urban areas are governed under Title 19 (Bend), Title 20 (Redmond) or Title 21 (Sisters) and
there is no similar title for La Pine. While the Purpose statements in these three titles do mention
transportation or congestion, they offer no definitions or criteria or processes to follow.
The issues Titles 19-21 do not list road or street project as either outright permitted uses or
conditional uses. While Title 18 broadly defines road and street projects to include facilities for cars,
�lr„ �,.,k innaiiaaa in Titles 19A.01.020 (Permitted and Conditional
bicycles, pedestrians, etc., Ll ICI e IJ i iv -Du%-11 1 AI -b` -b - - -
Uses); Title 20.12.020 (Outright Permitted Uses) and 20.12.030 (Conditional Uses); and 21.16.020
(Outright Permitted Uses) and 21.16.030 (Conditional Uses). From a strict land use development
code perspective, if a -use is not listed in the relevant title, the use cannot occur. Thus, on County -
zoned lands on the peripheries of Bend, Redmond, Sisters, and La Pine, it is currently unclear how
road or street projects can be built.
The solution would be text amendments to Titles 19-21 and import the road and street projects
language from Title 18, specifically the definitions found in DCC 18.04.030.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating Titles 19-
21 and import the road and street projects language from Title 18.
Key Amendment Concerns
Staff Effort/Resources
Low
Legal Complexity
Low
Implementation Urgency
High
Attachment K - Titles 19-21 Road and Street Projects Update
BACKGROUND & OVERVIEW
Deschutes County Code (DCC) Title 18.04.030 (Definitions) describes the various land use activities
allowed in various County zones. For transportation projects, these are defined in 18.04.030 as
either Class I, Class II, or Class III road and street projects with Class I and Class II requiring land use
permits while Class III does not. As growth occurs in the County's urban areas, State highway, County
roads, and City streets require either improvements or entirely new facilities. County lands that
border urban areas are governed under Title 19 (Bend), Title 20 (Redmond) or Title 21 (Sisters) and
there is no similar title for La Pine. While the Purpose statements in these three titles do mention
transportation or congestion, they offer no definitions or criteria or processes to follow.
The issues Titles 19-21 do not list road or street project as either outright permitted uses or
conditional uses. While Title 18 broadly defines road and street projects to include facilities for cars,
L:�.. ...l.. r. ,�„��,-� ot� thorn is no such IanQl IaSTP in Title 19A:01,020 (Permitted and Conditional
bicycles, pedestrians, 1. l\.., a o n ncri cr '
Uses); Title 20.12.020 (Outright Permitted Uses) and 20.12.030 (Conditional Uses); and 21.16.020
(Outright Permitted Uses) and 21.16.030 (Conditional Uses). From a strict land use development
code perspective, if a use is not listed in the relevant title, the use cannot occur. Thus, on County -
zoned lands on the peripheries of Bend, Redmond, Sisters, and La Pine, it is currently unclear how
road or street projects can be built.
The solution would be text amendments to Titles 19-21 and import the road and street projects
language from Title 18, specifically the definitions found in DCC 18.04.030.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating Titles 19-
21 and import the road and street projects language from Title 18.
Key Amendment Concerns
Staff Effort/Resources
Low
Legal Complexity
Low
Implementation Urgency
High
Attachment K - Titles 19-21 Road and Street Projects Update
BACKGROUND & OVERVIEW
Deschutes County Code (DCC) Title 18.04.030 (Definitions) describes the various land use activities
allowed in various County zones. For transportation projects, these are defined in 18.04.030 as
either Class I, Class II, or Class III road and street projects with Class I and Class II requiring land use
permits while Class III does not. As growth occurs in the County's urban areas, State highway, County
roads, and City streets require either improvements or entirely new facilities. County lands that
border urban areas are governed under Title 19 (Bend), Title 20 (Redmond) or Title 21 (Sisters) and
there is no similar title for La Pine. While the Purpose statements in these three titles do mention
transportation or congestion, they offer no definitions or criteria or processes to follow.
The issues Titles 19-21 do not list road or street project as either outright permitted uses or
conditional uses. While Title 18 broadly defines road and street projects to include facilities for cars,
I_: _. (.. .� ..1 ...-4.-i �r�(- fl• thorn is rin cuirh lanai la e in Titles 19A Q1 n90 (Permitted and Conditional
bicycles, pedestrians, s, ell.., a el 11 . — .b..-
Uses); Title 20.12.020 (Outright Permitted Uses) and 20.12.030 (Conditional Uses); and 21.16.020
(Outright Permitted Uses) and 21.16.030 (Conditional Uses). From a strict land use development
code perspective, if a use is not listed in the relevant title, the use cannot occur. Thus, on County -
zoned lands on the peripheries of Bend, Redmond, Sisters, and La Pine, it is currently unclear how
road or street projects can be built.
The solution would be text amendments to Titles 19-21 and import the road and street projects
language from Title 18, specifically the definitions found in DCC 18.04.030.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating Titles 19-
21 and import the road and street projects language from Title 18.
Key Amendment Concerns
Staff Effort/Resources
Low
Legal Complexity
Low
Implementation Urgency
High
Attachment L Procedures Ordinance for consistency with state law and planning
department interpretations
BACKGROUND & OVERVIEW
Comments submitted into land use records sometimes include a mailing address, others only
include an email address. County code currently specifies:
22.28.020 Notice Of Decision
Notice of a Hearings Body's decision shall be in writing and mailed to all parties; however,
one person may be designated by the Hearings Body to be the recipient of the notice of
decision for a group, organization, group of petitioners or similar collection of individual
participants.
The language in the Code is broad enough that it could include email. Most times, if regular mail is
�.� i_.. i i:+..A f+ +...- m i- riI cc mnii pnctnap nrP-n;;iri That Said.
...
directed/requlreo, it would say. uy vi
lieu �iaLcD n �L `]U�l � � —/ tl-- b - r. ` r-.- - - --
22.28.020 was originally adopted in 1982, repealed and reenacted in 1990 and then amended in
2016.One can presume that in the 1980s and 1990s, the Board would not have considered "mailed"
to include anything other than regular U.S. mail. Therefore, the question of legislative intent cannot
be discerned. This is a matter that should be officially clarified in Code.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating the
Procedures Ordinance for consistency with state law and planning department interpretations.
Key Amendment Concerns
Staff Effort/Resources
Low
Legal Complexity
Low
Implementation Urgency
Medium
Attachment M Wetland Regulation Clarification for Irrigation or Artificially Created
Wetlands
BACKGROUND & OVERVIEW
Tumalo Irrigation District has identified a number of operational concerns regarding County
Wetland regulations. Specifically:
• Many of the irrigation canals and ponds, and in some instances formerly flood irrigated
fields, within the County have been included in the various national, state, and local wetlands
inventories.
• County code generally requires permitting for any fill/removal in wetlands, as opposed to
DSL regulations that generally leave fill/removal under 50 cubic yards unregulated.
• Exceptions are provided for irrigation districts in local code, but irrigation district patrons do
not have similar exceptions for on -property management of irrigation facilities.
,tul-,tion can rnrrinlirntn nnri increase the rust of Irrigation pipiniz projects
• Existing regulation i Dui � wi i �.i..�,............ ...... _
Regulatory changes may be able to simply/clarify rules relating to these operations. Specifically,
local implementation of Oregon Administrative Rule (OAR) 141-085 may be useful. For example:
141-085-0530, Exemptions for Certain Activities and Structures
141-085-0535, Exemptions Specific to Agricultural Activities
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating wetland
regulations to clarify for irrigation or artificially created wetlands
Key Amendment Concerns
Staff Effort/Resources
High
Legal Complexity.
Medium
Implementation Urgency
Medium
Attachment N - Forest Zone Code Update
BACKGROUND & OVERVIEW
Uses and regulations for Forest zoned properties come from ORS 215 and OAR 660, Division 4.
These are implemented locally in DCC 18.36 and 18.40.
Over time, internal references and code connections in these chapters have not been kept up to
date. More importantly, uses have been added to state code that have not been implemented
locally, including:
Dump truck parking as provided in ORS 215.311
An agricultural building, as defined in ORS 455.315, customarily provided in conjunction with
farm use or forest use.
Relative Forestry Help Second Dwelling
In addition, a number of existing use categories have new or changed provisions.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore updating the Title
18 code relating to forest uses.
Key Amendment Concerns
Staff Effort/Resources
Medium
Legal Complexity
Medium
Implementation Urgency
Medium
Attachment O - Urbanization Coordination for Land Divisions near UGBs
BACKGROUND & OVERVIEW
Numerous land use applications for plan amendment/zone changes have resulted in significant
areas being rezoned from EFU to rural residential (either RR-10 or MUA-10). For properties closer to
the Bend UGB, it is important to anticipate future urbanization to ensure orderly development once
those properties are annexed into the City of Bend.
This project would explore code amendments that require land divisions to be completed as cluster
developments within a certain distance -likely two miles -of a UGB. This change could allow some
rural development now while retaining the greater proportion of a site for future urban
development. $25,000 in DLCD grant support is available.
CURRENT PROCESS & CHANGES
Under Board direction and with public outreach and input, Staff would explore urbanization
coordination for land divisions near UGBs
Key Amendment Concerns
Staff Effort/Resources
Medium
Legal Complexity
Medium
Implementation Urgency
Medium
L�01 E S CoG
,, BOARD OF
COMMISSIONERS
MEETING DATE: September 16, 2024
SUBJECT: Work Session: Preparation for 2024 Housekeeping Amendments Public Hearing
RECOMMENDED MOTION:
N/A; information only.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division regularly amends Deschutes County Code and the Comprehensive
Plan to correct minor errors identified by staff, other County departments, and the public.
This process, commonly referred to as Housekeeping, also incorporates updates from
rulemaking at the state level through amendments to Oregon Revised Statutes and Oregon
Administrative Rules, and allows for less substantive code changes to continue efficient
County operations.
Staff will prepare the Board for a public hearing on September 25, 2024, to consider
Housekeeping Amendments (file no. 247-24-000417-TA). Attached to this memorandum
are the proposed text amendments and a staff report summarizing the changes. Within the
proposed amendments, added language is shown underlined and deleted shown as
strikethrough.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Associate Planner
Will Groves, Planning Manager
Estimated time needed for item (presentation/questions/discussion/action):
20 minutes
01 E S COG2a
BOARD OF
COMMISSIONERS
MEETING DATE: September 16, 2024
SUBJECT: Work Session: Preparation for 2024 Housekeeping Amendments Public Hearing
RECOMMENDED MOTION:
N/A; information only.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division regularly amends Deschutes County Code and the Comprehensive
Plan to correct minor errors identified by staff, other County departments, and the public.
This process, commonly referred to as Housekeeping, also incorporates updates from
rulemaking at the state level through amendments to Oregon Revised Statutes and Oregon
Administrative Rules, and allows for less substantive code changes to continue efficient
County operations.
Staff will prepare the Board for a public hearing on September 25, 2024, to consider
Housekeeping Amendments (file no. 247-24-000417-TA). Attached to this memorandum
are the proposed text amendments and a staff report summarizing the changes. Within the
proposed amendments, added language is shown underlined and deleted shown as
strikethrough.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Associate Planner
Will Groves, Planning Manager
ES
® 4A
161,
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Kyle Collins, Associate Planner
DATE: September 9, 2024
SUBJECT: Preparation for Public Hearing: 2024 Housekeeping Amendments
Staff will prepare the Deschutes County Board of Commissioners (Board) for a September 25, 2024, public
hearing to consider Housekeeping Amendments (file no. 247-24-000417-TA). Attached to this
memorandum are the proposed text amendments and a staff report summarizing the changes. Within
the proposed amendments, added language is shown underlined and deleted shown as stri ethreugh.
The public hearing will be conducted in -person, electronically, and by phone.'
All record materials can be found on the project website: https•//bit ly/2024Housekeep
ing
I. BACKGROUND
The Planning Division regularly amends Deschutes County Code (DCC) and the Comprehensive Plan to
correct minor errors identified by staff, other County departments, and the public. This process,
commonly referred to as Housekeeping, also incorporates updates from rulemaking at the state level
through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR), and
allows for less substantive code changes to continue efficient County operations.
The last time Deschutes County adopted Housekeeping Amendments occurred in March 20232
.
II. OVERVIEW OF AMENDMENTS
As summarized in the attached staff report and exhibits, the proposed text amendments will affect the
following chapters of the Deschutes County Code:
1 See Deschutes County Board of Commissioners September 25, 2024 Agenda for more information:
https //www deschutes org/bcc/page/board-county-commissioners-meeting-195
2 Ordinances 2023-001.
Title 15, Buildings and Construction
Chapter 15.08. SIGNS
Title 18, County Zoning
Chapter 18.04.
TITLE, PURPOSE AND DEFINITIONS
Chapter 18.16.
EXCLUSIVE FARM USE ZONES
Chapter 18.32.
MULTIPLE USE AGRICULTURAL ZONE; MUA
Chapter 18.36.
FOREST USE ZONE; F-1
Chapter 18.40.
Chapter 18.48.
FOREST USE ZONE; F-2
OPEN SPACE AND CONSERVATION ZONE; OS AND C
Chapter 18.60.
RURAL RESIDENTIAL ZONE; RR-10
Chapter 18.61.
URBAN UNICORPORATED COMMUNITY ZONE; LA PINE
Chapter 18.65.
RURAL SERVICE CENTER; UNINCOPORATED COMMUNITY ZONE
Chapter 18.66.
TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
Chapter 18.67.
TUMALO RURAL COMMUNITY ZONING DISTRICTS
Chapter 18.74.
RURAL COMMERCIAL ZONE
Chapter 18.76.
AIRPORT DEVELOPMENT ZONE; A-D
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Chapter 18.128. CONDITIONAL USE
Title 19, Bend Urban Growth Boundary Zoning Ordinance r r.rrin llTl/1Ali
Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY ABD utrmi I lul-
Chapter 19.12. URBAN AREA RESERVE ZONE UAR-10
Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE; SR 2'/2
Chapter 19.22. WESTSIDE TRANSECT ZONE; WTZ
Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE; RS
Title 22, Deschutes County Development Procedures Ordinances
Chapter 22.36. LIMITATIONS ON APPROVALS
III. SUMMARY OF TESTIMONY
Notice of the proposed amendments was sent to agencies on July 3, 2024. Comments from the following
agencies were received:
The Deschutes County Senior Transportation Planner reviewed the proposed amendments for
potential Transportation Planning Rule (TPR) effects and found that the proposed amendments
appear to comply with TPR provisions.
Additionally, one public comment was received. Ken Katzaroff, of Schwabe law firm, expressed
reservations around the inclusion of the proposed "Agricultural Land" definition in Title 19 and the
potential for unintended policy decisions being made through the Housekeeping process. Prior to
deliberations by the Planning Commission, all agricultural related Title 19 definitions were removed from
the proposed Housekeeping Amendments package.
-2-
IV. PLANNING COMMISSION REVIEW
The Planning Commission (Commission) held a public hearing concerning the proposed amendments on
August 22, 2024.3 Following the hearing, the Commission closed both the oral and written records, and
held deliberations that same day. The Commission unanimously recommended approval of the
proposed amendments.
V. NEXT STEPS
A public hearing with the Board is scheduled for September 25, 2024.
Attachments:
1) Draft Ordinance 2024-008: Staff Report & Proposed Text Amendments
3 https://www.deschutes.org/bc-pc/page/planning-commission-56
-3-
�vTES CO
o� G2{ BOARD OF
I COMMISSIONERS
MEETING DATE: September 16, 2024
SUBJECT: Work Session: Preparation for 2024 Housekeeping Amendments Public Hearing
RECOMMENDED MOTION:
N/A; information only.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division regularly amends Deschutes County Code and the Comprehensive
Plan to correct minor errors identified by staff, other County departments, and the public.
This process, commonly referred to as Housekeeping, also incorporates updates from
n ilpmaking at the state level through amendments to Oregon Revised Statutes and Oregon
Administrative Rules, and allows for less substantive code changes to continue efficient
County operations.
Staff will prepare the Board for a public hearing on September 25, 2024, to consider
Housekeeping Amendments (file no. 247-24-000417-TA). Attached to this memorandum
are the proposed text amendments and a staff report summarizing the changes. Within the
proposed amendments, added language is shown underlined and deleted shown as
strikethrough.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Associate Planner
Will Groves, Planning Manager
�vT ES
•
COMMUNITY
UI DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Kyle Collins, Associate Planner
DATE: September 9, 2024
SUBJECT: Preparation for Public Hearing: 2024 Housekeeping Amendments
Staff will prepare the Deschutes County Board of Commissioners (Board) for a September 25, 2024, public
hearing to consider Housekeeping Amendments (file no. 247-24-000417-TA). Attached to this
memorandum are the proposed text amendments and a staff report summarizing the changes. Within
the proposed amendments, added language is shown underlined and deleted shown as strikethrougli.
Tihis ., ni �hlir honrina Will ha rnnrll irted in-nersnn. electronically. and by phone.'
i �..0b ..,...,........______ ... �---- - - - ,
All record materials can be found on the project website: htt s://bit.l /2024Housekee in
I. BACKGROUND
The Planning Division regularly amends Deschutes County Code (DCC) and the Comprehensive Plan to
correct minor errors identified by staff, other County departments, and the public. This process,
commonly referred to as Housekeeping, also incorporates updates from rulemaking at the state level
through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR), and
allows for less substantive code changes to continue efficient County operations.
The last time Deschutes County adopted Housekeeping Amendments occurred in March 20232
.
I1. OVERVIEW OF AMENDMENTS
As summarized in the attached staff report and exhibits, the proposed text amendments will affect the
following chapters of the Deschutes County Code:
1 See Deschutes County Board of Commissioners September 25, 2024 Agenda for more information:
https://www deschutes org/bcc/page/board-county-commissioners-meeting-195
2 Ordinances2023-001.
Title 15, Buildings and Construction
Chapter 15.08. SIGNS
Title 18, County Zoning
Chapter 18.04.
TITLE, PURPOSE AND DEFINITIONS
Chapter 18.16.
EXCLUSIVE FARM USE ZONES
Chapter 18.32.
MULTIPLE USE AGRICULTURAL ZONE; MUA
Chapter 18.36.
FOREST USE ZONE; F-1
Chapter 18.40.
FOREST USE ZONE; F-2
Chapter 18.48.
OPEN SPACE AND CONSERVATION ZONE; OS AND C
Chapter 18.60.
RURAL RESIDENTIAL ZONE; RR-10
Chapter 18.61.
URBAN UNICORPORATED COMMUNITY ZONE; LA PINE
Chapter 18.65.
RURAL SERVICE CENTER; UNINCOPORATED COMMUNITY ZONE
Chapter 18.66.
TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
Chapter 18.67.
TUMALO RURAL COMMUNITY ZONING DISTRICTS
Chapter 18.74.
RURAL COMMERCIAL ZONE
Chapter 18.76.
AIRPORT DEVELOPMENT ZONE; A-D
Chapter 18,108. URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Chapter 18.128. CONDITIONAL USE
Titles 1 c) Rend Urban Growth Boundary Zoning Ordinance
Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY ABD DEFINITIONS
Chapter 19.12. URBAN AREA RESERVE ZONE UAR-10
Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE; SR 2'/2
Chapter 19.22. WESTSIDE TRANSECT ZONE; WTZ
Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE; RS
Title 22, Deschutes County Development Procedures Ordinances
Chapter 22.36. LIMITATIONS ON APPROVALS
I11. SUMMARY OF TESTIMONY
Notice of the proposed amendments was sent to agencies on July 3, 2024. Comments from the following
agencies were received:
The Deschutes County Senior Transportation Planner reviewed the proposed amendments for
potential Transportation Planning Rule (TPR) effects and found that the proposed amendments
appear to comply with TPR provisions.
Additionally, one public comment was received. Ken Katzaroff, of Schwabe law firm, expressed
reservations around the inclusion of the proposed "Agricultural Land" definition in Title 19 and the
potential for unintended policy decisions being made through the Housekeeping process. Prior to
deliberations by the Planning Commission, all agricultural related Title 19 definitions were removed from
the proposed Housekeeping Amendments package.
-2-
IV. PLANNING COMMISSION REVIEW
The Planning Commission (Commission) held a pub?ic hearing concerning the proposed amendments on
August 22, 2024.3 Following the hearing, the Commission closed both the oral and written records, and
held deliberations that same day. The Commission unanimously recommended approval of the
proposed amendments.
V. NEXT STEPS
A public hearing with the Board is scheduled for September 25, 2024.
Attachments:
1) Draft Ordinance 2024-008: Staff Report & Proposed Text Amendments
3 https://www.deschutes.org/bc-pc/page/planning-commission-56
-3-
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 15, Buildings and Construction, Title 18,
Zoning Ordinance, Title 19, Bend Urban Area
Zoning Ordinance, and Title 22, Procedures * ORDINANCE NO. 2024-008
Ordinance, to Incorporate Changes to State and
Federal Law, and Provide Clarification of Existing
Regulations, Procedures, and Policies.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-24-000417-TA) to the Deschutes County Code ("DCC"), Chapter 15.08 — Signs,
Chapter 18.04 — Purpose and Definitions, Chapter 18.16 — Exclusive Farm Use Zones, Chapter 18.32 — Multiple
Use Agricultural Zone, Chapter 18.36 — Forest Use Zone F1, Chapter 18.40 — Forest Use cone r22, Chapter IOM
— Rural Residential Zone, Chapter 18.65 — Rural Service Center Unincorporated Community Zone, Chapter 18.66
— Terrebonne Rural Community Zoning Districts, Chapter 18.67 — Tumalo Rural Community Zoning Districts,
Chapter 18.74 — Rural Commercial Zone, Chapter 18.76 — Airport Development Zone, Chapter 18.108 — Urban
Unincorporated Community Zone-Sunriver, Chapter 18.110 — Resort Community Zone, Chapter 18.116 —
Supplementary Provisions, Chapter 18.128 — Conditional Use, Chapter 19.04 — Title, Compliance, Applicability
and Definitions, Chapter 19.12 — Urban Area Reserve Zone, Chapter 19.20 — Suburban Low Density Residential
Zone, Chapter 19.22 — Westside Transect Zone, Chapter 19.28 — Urban Standard Residential Zone, Chapter 22.36
— Limitations on Approvals; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on August 22,
2024 and forwarded to the Deschutes County Board of County Commissioners ("Board") a 5-0 recommendation
of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on September 25, 2024
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 15, 18,
19, and 22; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 15.08, Signs, is amended to read as
described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in *,.:voter
PAGE 1 OF 4 - ORDINANCE NO.2024-008
Section 2. AMENDMENT. Deschutes County Code Chapter 18.04, Title, Purpose, and Definitions, is
amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in str-ikethfough.
Section 3. AMENDMENT. Deschutes County Code Chapter 18.16, Exclusive Farm Use Zone, is
amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in str-iketlffeug.
Section 4. AMENDMENT. Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone, is
amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in tri'�.
Section 5. AMENDMENT. Deschutes County Code Chapter 18.36, Forest Use Zone (F1), is amended
to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in trikethr-ough.
Section 6. AMENDMENT. Deschutes County Code Chapter 18.40, Forest Use Zone (F2), is amended
to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in +�kgn.
Section 7. AMENDMENT. Deschutes County Code Chapter 18.60, Rural Residential Zone, is amended
to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strike .
Section 8. AMENDMENT. Deschutes County Code Chapter 18.65, Rural Service Center
i _ � t J L_. �L:,.
Unincorporated Community Zone, is amended to read as described in Exhibit "ri", attached hereto and by 'UHS
reference incorporated herein, with new language underlined and language to be deleted in trik�h.
Section 9. AMENDMENT. Deschutes County Code Chapter 18.66, Terrebonne Rural Community
Zonings Districts, is amended to read as described in Exhibit "I", attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in *r-i'��.
Section 10. AMENDMENT. Deschutes County Code Chapter 18.67, Tumalo Rural Community Zoning
Districts, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in strikethfough.
Section 11. AMENDMENT. Deschutes County Code Chapter 18.74, Rural Commercial Zone, is
amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in +ri'��.
Section 12. AMENDMENT. Deschutes County Code Chapter 18.76, Airport Development Zone, is
amended to read as described in Exhibit "L", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in st+ikothfough.
Section 13. AMENDMENT. Deschutes County Code Chapter 18.108, Urban Unincorporated
Community Zone Sunriver, is amended to read as described in Exhibit "M", attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in *ri'��gh .
PAGE 2 OF 4 - ORDINANCE NO.2024-008
Section 14. AMENDMENT. Deschutes County Code Chapter 18.110, Resort Community Zone, is
amended to read as described in Exhibit "N", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in s�riv�.
Section 15. AMENDMENT. Deschutes County Code Chapter 18.116, Supplementary Provisions, is
amended to read as described in Exhibit "O", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in st-r--ikethreugh.
Section 16. AMENDMENT. Deschutes County Code Chapter 18.128, Conditional Use, is amended to
read as described in Exhibit "P", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in str4kethrough.
Section 17. AMENDMENT. Deschutes County Code Chapter 19.04, Title, Compliance, Applicability
and Definitions, is amended to read as described in Exhibit "Q", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in str-ik�_.
Section 18. AMENDMENT. Deschutes County Code Chapter 19.12, Urban Area Reserve Zone, is
amended to read as described in Exhibit "R", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in strik: gh.
Section 19. AMENDMENT. Deschutes County Code Chapter 19.20, Suburban Low Density Residential
Zone, is amended to read as described in Exhibit "S", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in strife.
Section 20. AMENDMENT. Deschutes County Code Chapter 19.22, Westside Transect Zone, is
amended to read as described in Exhibit "T", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in str-ik�h.
Section 21. AMENDMENT. Deschutes County Code Chapter 19.28, Urban Standard Residential Zone,
is amended to read as described in Exhibit "U", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in str-ikethroug h.
Section 22. AMENDMENT. Deschutes County Code Chapter 22.36, Limitations on Approvals, is
amended to read as described in Exhibit "V", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in strikethfatigh.
Section 23. FINDINGS. The Board adopts as its findings Exhibit "W", attached and incorporated by
reference herein.
PAGE 3 OF 4 - ORDINANCE NO.2024-008
Dated this of , 2024
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary PHILIP CHANG
Date of 1 S` Reading: day of .2024.
Date of 2nd Reading: day of , 2024.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
T_u: A ,7,...
raal rluau _
Anthony DeBone
Philip Chang
Effective date: day of , 2024.
PAGE 4 OF 4 - ORDINANCE NO.2024-008
Exhibit A
15 08 060 Sign Permit
Except as provided in DCC 15.08.070080, no sign shall be erected, structurally altered or relocated
until a sign permit has been issued.
HISTORY
Adopted by Ord. 81- 009 §1, Exhibit A, § 1.070 on 4/29/1981
Amended by Ord. 95-063 §1 on 10/1111995
Amended by Ord. 2014-018 §2 on 1112412014
Amended by Ord 2024-008 §1 on 1010912024
Exhibit B
18.04.030 Definitions
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030.
"Residential facility" means a residential care residential training or residential treatment facility, as
those terms are defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), that provides
residential care alone or in conjunction with treatment or training or a combination thereof for six to
fifteen individuals who need not be related Staff persons required to meet licensing requirements shall
not be counted in the number of facility residents and need not be related to each other or to any
resident of the residential facility
"Residential home" means a residential treatment or training home as defined in ORS 443.400
(Definitions for ORS 443.400 to 443 455) a residential facility registered under ORS 443.480 (Definitions
for ORS 443.480 to 443.500) to 443.500 (investigation of registered facilities) or an adult foster home
licensed under ORS 443 705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of
penalties recovered) that provides residential care alone or in conjunction with treatment or training or
a combination thereof for five or fewer individuals who need not be related. Staff persons required to
meet licensing requirements shall not be counted in the number of facility residents and need not be
related to each other or to any resident of the residential homepAeans a heme lieeRsed by or uRdeF the
(Ord. Chapter 18.04 35 (04/2015); Ord. 88-050 §3, 1988)
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 82-013 §1 on 512511982
Amended by Ord. 83-037 §2 on 61111983
Amended by Ord. 83-033 §1 on 611511983
Amended by Ord. 84-023 §1 on 81111984
Amended by Ord. 85-002 §2 on 211311985
Amended by Ord. 86-032 §1 on 41211986
Amended by Ord. 86-018 §1 on 613011986
Amended by Ord. 86-054 §1 on 613011986
Amended by Ord. 86-056 §2 on 613011986
Amended by Ord. 87-015 §1 on 611011987
Amended by Ord. 88-009 §1 on 313011988
Amended by Ord. 88-030 §3 on 811711988
Amended by Ord. 89-004 §1 on 312411989
Amended by Ord. 89-009 §2 on 1112911989
Amended by Ord. 90-014 §2 on 711211990
Amended by Ord. 91-002 §11 on 2/6,11911
Amended by Ord. 91-005 §1 on 31411991
Amended by Ord. 92-025 §1 on 411511991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §§3 and 4 on 913011991
Amended by Ord. 92-004 §§1 and 2 on 21711992
Amended by Ord. 92-034 §1 on 41811992
Amended by Ord. 92-065 §§1 and 2 on 1112511992
Amended by Ord. 92-066 §1 on 1112511992
Amended by Ord. 93-002 §§1, 2 and 3 on 21311993
Amended by Ord. 93-005 §§1 and 2 on 412111993
Amended by Ord. 93-038 §1 on 712811993
Amended by Ord. 93-043 §§1, 1A and 1B on 812511993
Amended by Ord. 94-001 §§1, 2, and 3 on 311611994
Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 61811994
Amended by Ord. 94-041 §§2 and 3 on 911411994
Amended by Ord. 94-038 §3 on 101511994
Amended by Ord. 94-053 §1 on 121711994
Amended by Ord. 95-007 §1 on 31111995
Amended by Ord. 95-001 §1 on 312911995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 95-077 §2 on 1212011995
Amended by Ord. 96-003 §2 on 312711996
Amended by Ord. 96-082 §1 on 1111311996
Amended by Ord. 97-017 §1 on 311211997
Amended by Ord. 97-003 §1 on 61411997
Amended by Ord. 97-078 §5 on 1213111997
Amended by Ord. 2001-037 §1 on 912612001
Amended by Ord. 2001-044 §2 on 1011012001
Amended by Ord. 2001-033 §2 on 1011012001
Amended by Ord. 2001-048 §1 on 1211012001
Amended by Ord. 2003-028 §1 on 912412003
Amended by Ord. 2004-001 §1 on 711412004
Amended by Ord. 2004-024 §1 on 1212012004
Amended by Ord. 2005-041 §1 on 812412005
Amended by Ord. 2006-008 §1 on 812912006
Amended by Ord. 2007-019 §1 on 912812007
Amended by Ord. 2007-020 §1 on 21612008
Amended by Ord. 2007-005 §1 on 212812008
Amended by Ord. 2008-015 §1 on 613012008
Amended by Ord. 2008-007 §1 on 811812008
Amended by Ord. 2010-018 §3 on 612812010
Amended by Ord. 2010-022 §1 on 711912010
Amended by Ord. 2011-009 §1 on 10/1712011
Amended by Ord. 2012-004 §1 on 411612012
Amended by Ord. 2012-007 §1 on 512/2012
Amended by Ord. 2013-008 §1 on 71512013
Amended by Ord. 2014-009 §1 on 81612014
Amended by Ord. 2015-004 §1 on 412212015
Amended by Ord. 2016-015 §1 on 71112016
Amended by Ord. 2016-026 §1 on 111912016
Amended by Ord. 2016-006 §1 on 212712017
Amended by Ord. 2017-015 §1 on 111112017
Repealed by Ord. 2018-005 §8 on 1011012018
Amended by Ord. 2018-006 §4 on 1112012018
Amended by Ord. 2019-010 §1 on 51812019
Amended by Ord. 2019-016 §1 on 212412020
Amended by Ord. 2020-001 §1 on 412112020
Amended by Ord. 2020-010 §1 on 71312020
Amended by Ord. 2020-007 §7 on 1012712020
Amended by Ord. 2021-013 §3 on 41512022
Amended by Ord. 2022-014 §1 on 4/4/2023
Amended by Ord. 2023-001 §2 on 513012023
Amended by Ord. 2024-008 §2 on 101912024
I-xhilhit C
18 16 023 Lawfully Established Dwellin& Rep9acgment
A lawfully established dwelling may be altered, restored or replaced under DCC 18.16.020(J) above
A The dwelling to be altered restored or replaced:
1. Has or formerly had:
a Intact exterior walls and roof structure;
b Indoor plumbing consisting of a kitchen sink toilet and bathing facilities connected to a
sanitary waste disposal system;
c Interior wiring for interior lights; and
d. A heating system; and
B. Unless the value of the dwelling was eliminated as a result of destruction or demolition, was
assessed as a dwelling for purposes of ad valorem taxation since the later of:
1 The date that the dwelling was erected upon or fixed to the land and became subiect to
property tax assessment; or
2 Five years before the date of the application; or
3 The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment; or
4 If the value of the dwelling was eliminated as a result of destruction or demolition, was
assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or
demolition and since the later of:
a Five years before the date of the destruction or demolition; or
b. The date that the dwelling was erected upon or fixed to the land and became subiect to
property tax assessment.
C. For replacement of a lawfully established dwelling under this section:
1 The dwelling to be replaced must be removed demolished or converted to an allowable
nonresidential use within three months after the date the replacement dwelling is certified
for occupancy pursuant to ORS 455.055.
2 The replacement dwelling:
a May be sited on any part of the same lot or parcel.
b Must comply with applicable siting standards However, the standards may not be
applied in a manner that prohibits the siting of the replacement dwelling.
c Must comply with the construction provisions of section R327 of the Oregon Residential
Specialty Code, if:
i The dwelling is in an area identified as extreme or high wildfire risk on the statewide
map of wildfire risk described in ORS 477.490; or
ii No statewide map of wildfire risk has been adopted.
D. As a condition of approval if the dwelling to be replaced is located on a portion of the lot or
parcel that is not zoned for exclusive farm use the applicant shall execute and cause to be
recorded in the deed records of the county in which the property is located a deed restriction
prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction
imposed is irrevocable unless the county planning director, or the director's designee, places a
statement of release in the deed records of the county to the effect that the provisions of this
section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to
allow the lawful siting of another dwelling.
E. If an applicant is granted a deferred replacement permit under this section:
1. The deferred replacement permit:
a Does not expire but the permit becomes void unless the dwelling to be replaced is
removed or demolished within three months after the deferred replacement permit is
issued; and
b May not be transferred by sale or otherwise except by the applicant to the spouse or a
child of the applicant.
2 The replacement dwelling must comply with applicable building codes plumbing codes,
sanitation codes and other requirements relating to health and safety or to siting at the
time of construction.
F. An application under this section must be filed within three years following the date that the
dwelling last possessed all the features listed under subsection (A)(1) of this section.
G. Construction of a replacement dwelling approved under this section must commence no later
than four years after the approval of the application under this section becomes final.
A. The dwelling to be altered, resteFed or replaced met the felie4Rg when aR appkatieR foF a
9 UP .J II' has, 9F feFpAeF!y had -7
a. I + + exteFieF walls d of c+ru et ire•
G. IRteFi9F WiFiRg f iRteFier lights;
i. The dwelling's tax let does not have a lien fer delinqueRt ad va!E)FerA
taxes; and
iS iR a state ef disrepair
that the dwelling is uns
h. If thP dWelliRg GUFFeRtly such
HISTORY
Adopted by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2021-013 §4 on 41512022
Amended by Ord. 2024-008 §3 on 101912024
18 16 030 Conditional Uses Permitted; High Value And Non -High Value Farmland
The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or non -
high value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and
18.16.050, and other applicable sections of DCC Title 18.
A. Nonfarm dwelling.
B. Lot of record dwelling.
C. Subject to the standards of ORS 215.296, r.Residential home or faGility�,
� 9� in existing dwellings.
D. A hardship dwelling, as described in DCC 18.16.050(H).
E. Commercial activities that are in conjunction with farm use, but not including the processing of
farm crops as described in DCC 18.16.025.
F. Operations conducted for: Miming and processing of geothermai resources as defined by ORS
522.005, and Mining and processing of natural gas or oil as defined by ORS 520.005, not
otherwise permitted under DCC 18.16.020.
G. Expansion of an existing private park, playground, hunting and fishing preserve and campground
on the same tract as the existing use.
H. Public park and playground consistent with the provisions of ORS 195.120, and including only
the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable.
I. Community centers owned by a governmental agency or a nonprofit organization and operated
primarily by and for residents of the local rural community.
A community center authorized under this section may provide services to veterans,
including but not limited to emergency and transitional shelter, preparation and service
of meals, vocational and educational counseling and referral to local, state or federal
agencies providing medical, mental health, disability income replacement and substance
abuse services, only in a facility that is in existence on January 1, 2006.
2. The services may not include direct delivery of medical, mental health, disability income
replacement or substance abuse services.
J. Transmission towers over 200 feet in height.
K. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130
and 18.128.260, and OAR 660-033-0130), for the purpose of generating power for public use by
sale, not including wind power generation facilities.
L. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance
and service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip
restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and
occasional basis, by invited guests, and by commercial aviation activities in connection with
agricultural operations.
M. Home Occupation, subject to DCC 18.116.280.
1. The home occupation shall:
be operated substantially in the dwelling or other buildings normally associated
with uses permitted in the EFU zone;
be operated by a resident or employee of a resident of the property on which
the business is located; and
c. employ on the site no more than five full-time or part-time persons.
2. The home occupation shall not unreasonably interfere with other uses permitted in the
EFU zone.
N. A facility for the primary processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with farm uses described in
ORS 213.203(2).
The primary processing of a forest product, as used in DCC 18.16.030, means the use of
a portable chipper or stud mill or other similar methods of initial treatment of a forest
product in order to enable its shipment to market.
Forest products, as used in DCC 18.16.030, means timber grown upon a parcel of land or
contiguous land where the primary processing facility is located.
O. Construction of additional passing and travel lanes requiring the acquisition of right of way, but
not resulting in the creation of new land parcels.
Reconstruction or modification of public roads and highways involving the removal or
displacement of buildings, but not resulting in the creation of new land parcels.
Q. Improvement of public road and highway -related facilities such as maintenance yards, weigh
stations and rest areas, where additional property or right of way is required, but not resulting in
the creation of new land parcels.
The propagation, cultivation, maintenance and harvesting of aquatic species that are not under
the jurisdiction of the State Fish and Wildlife Commission or insect species.
Insect species shall not include any species under quarantine by the State Department of
Agriculture or the United States Department of Agriculture.
The county shall provide notice of all applications under this section to the State
Department of Agriculture.
Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20
calendar days prior to any administrative decision or initial public hearing on the
application.
S. Room and board arrangements for a maximum of five unrelated persons in an existing residence.
If approved, this use is subject to the recording of the statement listed in DCC 18.16.020(J)(1).
T. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
wetland.
U. Roads, highways and other transportation facilities, and improvements not otherwise allowed
under DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is
first granted under state law. Transportation uses and improvements may be authorized under
conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065.
V. Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated
material.
W. A living history museum.
X. Operations for the extraction and bottling of water.
Y. Transportation improvements on rural lands allowed by OAR 660-012-0065.
Z. Expansion of existing county fairgrounds and activities relating to county fairgrounds governed
by county fair boards established pursuant to ORS 565.210.
AA. Extended outdoor mass gatherings, subject to DCC 8.16.
AB. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape
architecture services, as described in ORS 671.318, if the business is pursued in conjunction with
the growing and marketing of nursery stock on the land that constitutes farm use.
AC. Wind power generation facilities as commercial utility facilities for the purpose of generating
power for public use by sale, subject to OAR 660-033-0130.
AD. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of
generating power for public use by sale, subject to OAR 660-033-0130. On high -value farmland
only, photovoltaic solar power generation facilities are subject to the provisions in ORS 215.447.
AE. Commercial dog boarding kennel, or dog training classes or testing trials that exceed the
standards under DCC 18.16.025(K), subject to DCC 18.16.040(A)(1 and 2).
AF. Equine and equine -affiliated therapeutic and counseling activities, provided:
1. The activities are conducted in existing buildings that were lawfully constructed on the
property before the effective date of January 1, 2019 or in new buildings that are
accessory, incidental and subordinate to the farm use on the tract; and
2. All individuals conducting therapeutic or counseling activities are acting within the
proper scope of any licenses required by the state.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 83-028 §1 on 61111983
Amended by Ord. 86-018 §3 on 613011986
Amended by Ord. 87-013 §1 on 611011987
Amended by Ord. 90-018 §1 on 511611990
Amended by Ord. 90-014 §§23 and 31 on 711211990
Amended by Ord. 91-005 §5 on 31411991
Amended by Ord. 91-014 §1 on 311311991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §2 on 913011991
Amended by Ord. 92-065 §3 on 1112511992
Amended by Ord. 94-008 §9 on 61811994
Amended by Ord. 95-007 §11 on 31111995
Amended by Ord. 95-025 §1 on 31311995
Amended by Ord. 98-030 §1 on 511311998
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §1. on 1211212001
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2008-001 §2 on 51612008
Amended by Ord. 2009-014 §1 on 612212009
Amended by Ord. 2012-007 §2 on 51212012
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2018-006 §5 on 1112012018
Amended by Ord. 2021-013 §4 on 41512022
Amended by Ord. 2024-008 §3 on 10/9/2024
t aliNt D
18.32.020 Uses Permitted ®utri ht
The following uses and their accessory uses are permitted outright:
A. Agricultural uses as defined in DCC Title 18.
B. A single family dwelling, or a manufactured home subject to DCC 18.116.070.
C. Propagation or harvesting of a forest product.
D. Class I and 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.
E. Class III road or street project.
F. Noncommercial horse stables, excluding horse events.
G. Horse events, including associated structures, involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or
3. More than 25 riders, no more than two times per year on nonconsecutive days.
Incidental musical programs are not included in this definition. Overnight stays by
participants, trainers or spectators in RVs on the premises is not an incident of such
horse events.
H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
I. Type 1 Home Occupation, subject to DCC 18.116.280.
J. Accessory Dwelling Units, subject to DCC 18.116.350.
K. Residential Accessory Dwelling Units, subject to DCC 18.116.355.
X-L. Residential home.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-002 §6 on 21611991
Amended by Ord. 91-005 §18 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 93-001 §1 on 112711993
Amended by Ord. 93-043 §4 on 812511993
Amended by Ord. 94-008 §10 on 61811994
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §2 on 1211212001
Amended by Ord. 2004-002 §3 on 412812004
Amended by Ord. 2019-009 §1 on 9/3/2019
Recorded by Ord. 2019-009 §1 on 91312019
Adopted by Ord. 2023-014 §1 on 121112023
Amended by Ord 2024-008 §4 on 10/9/2024
Exhibit -E
CHAPTER 18.36 FOREST USE ZONE; F-1
18.36.010 Purpose
18 36 020 Uses Permitted Outright
18 36 025 Lawfully Established Dwelling Replacement
18.36.030 Conditional Uses Permitted
18.36.040 Limitations On Conditional Uses
18 36 050 Standards For Single -Family Dwellings
18 36 060 Siting Of Dwellings And Structures
18 36 070 Fire Siting Standards For Dwellings And Structures
18 36 080 Fire Safety Design Standards For Roads
18 36 085 Stocking Requirement
18.36.090 Dimensional Standards
18.36.100 Yards And Setbacks
18.36.110 Stream Setbacks
18.36.120 State Law Controls
18.36.130 Rimrock Setbacks
18.36.140 Restrictive Covenants
18 36 020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria
set forth in DCC 18.36 and any other applicable provisions of DCC_ T IuC 10.
A. Forest operations or forest practices including, but not limited to, reforestation of forest land,
road construction and maintenance, harvesting of a forest tree species, application of chemicals
and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on -site structures, that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here,
temporary structures are those which are portable and/or not placed on a permanent
foundation, and which are removed at the conclusion of the forest operation requiring its use.
For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or
alteration of a structure or land, that provides help or is directly associated with the conduct of a
particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not
designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary
use is removed when a particular forest practice has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those
made for purposes of exploration, mining, commercial gravel extraction and processing, land
disposal sites, dams, reservoirs, road construction or recreational facilities, subject to the Forest
Practices Act (ORS Chapter 527) and Goal 4). Gravel extraction and processing not covered by
DCC 18.36.020 is governed by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes; pedestals), or
equipment that provides service hookups, including water service hookups.
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest
operation requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element
of the comprehensive plan including public road and highway projects as described in ORS
215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M—A lawfully established dwelling may be altered restored or replaced subject to DCC 18.36.025.
AI Wag ' + t PXtPri0F11 dFQGf 64 G41Fe;
P-M.
yiithim th.Fee-tr- f eempletien f theFeplaeemeRt ,JwelliRg
-S-.N.An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000
persons that is not anticipated to continue for more than 120 hours in any three-month period is
not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-002 §8 on 21611991
Amended by Ord. 92-025 §2 on 411511991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 94-038 §1 on 101511994
Amended by Ord. 2003-007 §1 on 312612003
Amended by Ord. 2012-007 §3 on 51212012
Amended by Ord. 2023-001 §5 on 513012023
Amended by Ord 2024-008 55 on 10/9/2024
18 36 025 Lawfully Established Dwelling Replacement
A lawfully established dwelling may be altered restored or replaced under DCC 18.36.020(M) above if:
A The dwelling to be altered restored or replaced:
1. Has or formerly had:
a Intact exterior walls and roof structure;
b Indoor plumbing consisting of a kitchen sink toilet and bathing facilities connected to a
sanitary waste disposal system;
c_ Interior wiring for interior lights; and
d. A heating system; and
B. Unless the value of the dwelling was eliminated as a result of destruction or demolition, was
assessed as a dwelling for purposes of ad valorem taxation since the later of:
1 The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment; or
2 Five years before the date of the application; or
3 The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment or
4 If the value of the dwelling was as a result of destruction or demolition, was
assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or
demolition and since the later of:
a Five ey ars before the date of the destruction or demolition; or
h The date, that tha r1welling was erected upon or fixed to the land and became subject to
property tax assessment.
C. For replacement of a lawfully established dwelling under this section:
1 The dwelling to be replaced must be removed demolished or converted to an allowable
nonresidential use within three months after the date the replacement dwelling is certified
for occupancy pursuant to ORS 455.055.
2. The replacement dwelling:
a May be sited on any part of the same lot or parcel.
b Must comply with applicable siting standards. However, the standards may not be
applied in a manner that prohibits the siting of the replacement dwelling.
c Must comply with the construction provisions of section R327 of the Oregon Residential
Specialty Code, if:
i The dwelling is in an area identified as extreme or high wildfire risk on the statewide
map of wildfire risk described in ORS 477.490; or
ii No statewide map of wildfire risk has been adopted.
D. As a condition of approval if the dwelling to be replaced is located on a portion of the lot or
parcel that is not zoned for exclusive farm use the applicant shall execute and cause to be
recorded in the deed records of the county in which the property is located a deed restriction
prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction
imposed is irrevocable unless the county planning director, or the director's designee, places a
statement of release in the deed records of the county to the effect that the provisions of this
section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to
allow the lawful siting of another dwelling.
E. If an applicant is granted a deferred replacement permit under this section:
1 The deferred replacement permit:
a Does not expire but the permit becomes void unless the dwelling to be replaced is
removed or demolished within three months after the deferred replacement permit is
issued; and
b May not be transferred by sale or otherwise except by the applicant to the spouse or a
child of the applicant.
2 The replacement dwelling must comply with applicable building codes plumbing codes,
sanitation codes and other requirements relating to health and safety or to siting at the
time of construction.
F. An application under this section must be filed within three years following the date that the
dwelling last possessed all the features listed under subsection (A)(1) of this section.
G. Construction of a replacement dwelling approved under this section must commence no later
than four years after the approval of the application under this section becomes final.
HISTORY
Adopted by Ord 2024-008 §5 on 101912024
18 36 070 Fire Siting Standards For Dwellings And Structures
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses), except as otherwise noted:
A. Access
If a water supply, such as a swimming pool, pond, stream or lake, is available and
suitable for fire protection or is required under DCC 18.36.070, then road access to
within 15 feet of the water's edge shall be provided for pumping units. The road access
shall be constructed and maintained to accommodate the maneuvering of fire fighting
equipment during the fire season. Permanent signs shall be posted along the access
route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described
in DCC 18.36.080.
Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be
constructed containing nonflammable materials. This may include lawn, walkways,
driveways, gravel borders or other similar materials.
Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed
outside the primary firebreak. This firebreak need not be bare ground, but can include a
lawn, ornamental shrubbery or individual or groups of trees separated by a distance
equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is
greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be
removed.
Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all
directions around the secondary firebreak. Individual and groups of trees within the fuel
break shall be separated by a distance equal to the diameter of the crowns adjacent to
each other, or 15 feet, whichever is greater. Small trees and brush growing underneath
larger trees shall be removed to prevent spread of fire up into the crowns of the larger
trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be
removed. The fuel break shall be completed prior to the beginning of the coming fire
season.
4. No portion of a tree or any other vegetation shall extend to within 1S feet of the outlet
of a stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides
steeper than 30 percent and containing flammable fuels. A single family dwelling shall not be
sited on a slope greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for
fishing shall obtain an address from the County address coordinator and shall display that
number in a location of the property that is clearly visible from the road used as the basis for
numbering. The numbers shall not be less than three inches in height, shall be painted in a
contrasting or visible color and shall comply with all other applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use noncombustible or fire resistant roofing materials.
This means roofing material identified as Class A, B or C in the Oregon Residential
Specialty Code . Roof sprinklers are not an acceptable
alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
Fire Protection. Single-family dwellings, caretaker residences and private accommodations for
fishing shall be located upon a parcel for which fire protection services are available or where
alternative protective measures are authorized by DCC 18.36.070(F).
For the purposes of DCC 18.36.070 fire protection services are available if the parcel is
located within the boundaries of a fire protection district or residential fire protection
service is provided by contract, as evidenced by a written, signed contract.
If the dwelling or structure is not within a fire protection district, the applicant shall
provide evidence that the applicant has asked to be included in the nearest such district.
If the parcel is not located within a fire protection district and it is determined, following
application for inclusion within the nearest such district, that inclusion in the district
would be impracticable, alternative means of fire protection shall be allowed, consistent
with the following standards:
a. The dwelling or structure shall be equipped with a residential fire sprinkler
system. For caretaker residences or single-family residences, such a sprinkler
system shall be in.stalied to the minimum, requirements of NFPA 13D "Standards
for the Installation of Sprinkler Systems in One and Two -Family Dwellings."
b. The dwelling shall have on -site water storage capability from a swimming pool,
pond, lake, or similar water body of at least 4,000 gallons or a stream having a
continuous year round flow of at least one cubic foot per second. The applicant
shall provide verification from the Water Resources Department that any
permits or registrations required for water diversions have been obtained or
that such permits or registrations are not required under state law for the use.
HISTORY
Adopted by Ord. 92-025 §2 on 411511991
Amended by Ord. 94-038 §1 on 101511994
Amended by Ord. 2003-007 §1 on 312612003
Amended by Ord. 2004-013 §3 on 912112004
Amended by Ord. 2024-008 §5 on 101912024
Exhibit F
CHAPTER 18.40 FOREST USE ZONE; F-2
18.40.010 Purpose
18 40 020 Uses Permitted Outright
18 40 025 Lawfully Established Dwelling Replacement
18.40.030 Conditional Uses Permitted
18.40.040 Limitations On Conditional Uses
18 40 050 Standards For Single -Family Dwellings
18 40 060 Siting Of Dwellings And Structures
18 40 070 Fire Siting Standards For Dwellings And Structures
18 40 080 Fire Safety Design Standards For Roads
18 40.085 Stocking Requirement
18.40.090 Dimensional Standards
18.40.100 Yards And Setbacks
18.40.110 Stream Setbacks
18.40.120 State Law Controls
18.40.130 Rimrock Setback
18.40.020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria
set forth in DCC 18.40 and any other applicable provisions of DCC Title 18:
A. Forest operations or forest practices including, but not limited to, reforestation of forest land,
road construction and maintenance, harvesting of a forest tree species, application of chemicals
and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
Temporary on -site structures that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here,
temporary structures are those which are portable and/or not placed on a permanent
foundation, and which are removed at the conclusion of the forest operation requiring its use.
For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or
alteration of a structure or land that provides help or is directly associated with the conduct of a
particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not
designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary
use is removed when a particular forest practice has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those
made for purposes of exploration, mining, commercial gravel extraction and processing, land
disposal sites, dams, reservoirs, road construction or recreational facilities, subject to the Forest
Practices Act (ORS Chapter 527 and Goal 4). Gravel extraction and processing not covered by
DCC 18.40.020 is governed by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone; natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or
equipment that provides service hookups, including water service hookups.
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest
operation requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element
of the comprehensive plan including public road and highway projects as described in ORS
215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
(A._M A lawfully established dwelling may be altered restored or replaced, subject to DCC
18.40.025. that:
3. u + feF + r ligh#•
,
and
thi - thrpp rnApth,;f m I H f the plaGemeRt dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000
persons that is not anticipated to continue for more than 120 hours in any three-month period is
not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-002 §9 on 21611991
Amended by Ord. 91-005 §21 on 31411991
Amended by Ord. 92-025 §3 on 411511991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 94-038 §2 on 101511994
Amended by Ord. 2003-007 §2 on 312612003
Amended by Ord. 2012-007 §4 on 51212012
Amended by Ord. 2023-001 §6 on 513012023
Amended by Ord. 2024-008 §6 on 101912024
18 40.025 Lawfully Established Dwelling Replacement
A lawfully established dwelling may be altered restored or repiaced under DCC 18.40.020(M) above if:
A The dwelling to be altered, restored or replaced:
1. Has or formerly had:
a Intact exterior walls and roof structure;
b Indoor plumbing consisting of a kitchen sink toilet and bathing facilities connected to a
sanitary waste disposal system;
c Interior wiring for interior lights; and
d. A heating system; and
B. Unless the value of the dwelling was eliminated as a result of destruction or demolition, was
assessed as a dwelling for purposes of ad valorem taxation since the later of:
1 The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment; or
2 Five years before the date of the application; or
3 The date that the dwelling was erected upon or fixed to the land and became subiect to
property tax assessment; or
4 If the value of the dwelling was eliminated as a result of destruction or demolition, was
assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or
demolition and since the later of:
a Five years before the date of the destruction or demolition; or
1-'e . a. e'at -he dwelling `v"v'as erected up-- or fixed to tha land and became subiect
u. III UpIC UIQL I, uvvcn��i
to property tax assessment.
C. For replacement of a lawfully established dwelling under this section:
1 The dwelling to be replaced must be removed demolished or converted to an allowable
nonresidential use within three months after the date the replacement dwelling is certified
for occupancy pursuant to ORS 455.055.
2. The replacement dwelling:
a May be sited on any part of the same lot or parcel.
b Must comply with applicable siting standards. However, the standards may not be
applied in a manner that prohibits the siting of the replacement dwelling.
c Must comply with the construction provisions of section R327 of the Oregon Residential
Specialty Code, if:
i The dwelling is in an area identified as extreme or high wildfire risk on the
statewide map of wildfire risk described in ORS 477.490; or
ii No statewide map of wildfire risk has been adopted.
D. As a condition of approval if the dwelling to be replaced is located on a portion of the lot or
parcel that is not zoned for exclusive farm use the applicant shall execute and cause to be
recorded in the deed records of the county in which the property is located a deed restriction
prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction
imposed is irrevocable unless the county planning director, or the director's designee, places a
statement of release in the deed records of the county to the effect that the provisions of this
section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to
allow the lawful siting of another dwelling.
E. If an applicant is granted a deferred replacement permit under this section:
1. The deferred replacement permit:
a Does not expire but the permit becomes void unless the dwelling to be replaced is
removed or demolished within three months after the deferred replacement permit is
issued; and
b May not be transferred by sale or otherwise except by the applicant to the spouse or a
child of the applicant.
2 The replacement dwelling must comply with applicable building codes plumbing codes,
sanitation codes and other requirements relating to health and safety or to siting at the
time of construction.
F. An application under this section must be filed within three years following the date that the
dwelling last possessed all the features listed under subsection (A)(1) of this section.
G. Construction of a replacement dwelling approved under this section must commence no later
than four years after the approval of the application under this section becomes final.
HISTORY
Adopted by Ord. 2024-008 §6 on 10/9/2024
18 40 070 Fire Siting Standards For Dwellings And Structures
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses):
A. Access.
If a water supply, such as a swimming pool, pond, stream or lake, is available and
suitable for fire protection or is required under DCC 18.40.070, then road access to
within 15 feet of the water's edge shall be provided for pumping units. The road access
shall be constructed and maintained to accommodate the maneuvering of fire fighting
equipment during the fire season. Permanent signs shall be posted along the access
route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described
in DCC 18.40.080.
B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be
constructed containing nonflammable materials. This may include lawn, walkways,
driveways, gravel borders or other similar materials.
Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed
outside the primary firebreak. This firebreak need not be bare ground, but can include a
lawn, ornamental shrubbery or individual or groups of trees separated by a distance
equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is
greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be
removed.
Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all
directions around the secondary firebreak. Individual and groups of trees within the fuel
break shall be separated by a distance equal to the diameter of the crowns adjacent to
each other, or 15 feet, whichever is greater. Small trees and brush growing underneath
larger trees shall be removed to prevent spread of fire up into the crowns of the larger
trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be
removed. The fuel break shall be completed prior to the beginning of the coming fire
season.
4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet
of a stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides
steeper than 30 percent and containing flammable fuels. A single family dwelling shall not be
sited on a slope greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for
fishing shall obtain an address from the County address coordinator and shall display that
number in a location of the property that is clearly visible from the road used as the basis for
numbering. The numbers shall not be less than three inches in height, shall be painted in a
contrasting or visible color and shall comply with all other applicable standards for signs.
E. Structural Standards.
All dwellings and structures shall use noncombustible or fire resistant roofing materials.
This means roofing material identified as Class A, B or C in the
eOregon Residential Specialty Code. Roof sprinklers are not an acceptable
alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
Fire Protection. Single-family dwellings, caretaker residences and private accommodations for
fishing shall be located upon a parcel for which fire protection services are available or where
alternative protective measures are authorized by DCC 18.40.070(F).
For the purposes of DCC 18.40.070 fire protection services are available if the parcel is
located within the boundaries of a fire protection district or residential fire protection
service is provided by contract, as evidenced by a written, signed contract.
If the dwelling or structure is not within a fire protection district, the applicant shall
provide evidence that the applicant has asked to be included in the nearest such district.
If the parcel is not located within a fire protection district and it is determined, following
application for inclusion within the nearest such district, that inclusion in the district
would be impracticable, alternative means of fire protection shall be allowed, consistent
with the following standards:
The dwelling or structure shall be equipped with a residential fire sprinkler
system. For caretaker residences or single-family residences, such a sprinkler
systern shall be installed to the minimum requirements of NFPA 13D "Standards
for the Installation of Sprinkler Systems in One and Two -Family Dwellings."
The dwelling shall have on -site water storage capability from a swimming pool,
pond, lake, or similar water body of at least 4,000 gallons or a stream having a
continuous year round flow of at least one cubic foot per second. The applicant
shall provide verification from the Water Resources Department that any
permits or registrations required for water diversions have been obtained or
that such permits or registrations are not required under state law for the use.
HISTORY
Adopted by Ord. 92-025 §3 on 411511991
Amended by Ord. 94-038 §2 on 101511994
Amended by Ord. 2003-007 §2 on 312612003
Amended by Ord. 2004-013 §4 on 912112004
Amended by Ord. 2024-008 §6 on 101912024
Exhibit G
18 60 020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright.
A. A single-family dwelling, or a manufactured home subject to DCC 18.116.070.
B. Utility facilities necessary to serve the area including energy facilities, water supply and
treatment and sewage disposal and treatment.
C. Community center, if shown and approved on the original plan or plat of the development.
D. Agricultural use as defined in DCC Title 18.
E. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
F. Class III road or street project.
G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events.
H. Horse events, including associated structures, involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or
3. More than 25 riders, no more than two times per year on nonconsecutive days.
Incidental musical programs are not included in this definition. Overnight stays by
participants, trainers or spectators in RVs on the premises is not an incident of such
horse events.
I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
J. Type 1 Home Occupation, subject to DCC 18.116.280.
K. Historic Home Accessory Dwelling Units, subject to DCC 18.116.350.
L. Residential Accessory Dwelling Units, subject to DCC 18.116.355.
L—. M. Residential home.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-005 §§30 & 31 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 93-043 §8 on 812511993
Amended by Ord. 94-008 §12 on 61811994
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §5 on 1211212001
Amended by Ord. 2004-002 §7 on 412812004
Amended by Ord. 2019-009 §2 on 91312019
Recorded by Ord. 2019-009 §2 on 9/3/2019
Adopted by Ord. 2023-014 §2 on 121112023
Amended by Ord 2024-008 §7 on 101912024
kxhibit :-i
18 65 020 RSC; Commercial/Mixed Use eistrict (Brothers Hampton, Mlllican, Whistlestop And
Wildhunt
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright,
subject to applicable provisions of this chapter:
1. Single-family dwelling.
2. Manufactured home, subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Residential home and FesideRtial farzilit
5. Two-family dwelling or duplex.
6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard,
and hog or mink farms.
7. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC 18.116.230.
8. Class III road and street project.
9. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office and/or commercial establishment in a building or buildings
each not exceeding 4,000 square feet of floor space. The aggregate area for any one
type of use that takes place in multiple buildings may not exceed 4,000 square feet.
2. Residential use in conjunction with a permitted commercial use.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
6. Highway maintenance facility.
7. Marijuana wholesaling, office only. There shall be no storage of marijuana items or
products at the same location.
8. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to
applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use, of this title:
1. Multi -family dwelling with three or more units.
2. School.
3. Cemetery.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Medical clinic or veterinary clinic.
6. Community Center.
7. Manufactured home park.
8. Recreational vehicle or trailer park.
9. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A).
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
14-.12. Residential facility.
D. Yard and Setback Requirements.
back h_n be f In foo+ f—m n prr%ncrf% Tina fronting on a
1. The Tront yarQ setfJdGR Jl ldll uC a 1111111111 uI I I — w 10�. ,
local street right of way and 50 feet from an arterial right of way.
2. The minimum side yard setback shall be 10 feet.
3. The minimum rear yard setback shall be 20 feet.
4. The minimum side and rear yard setbacks for property that is adjacent to land zoned
exclusive farm use shall be 50 feet.
E. Lot Requirements.
1. Residential Uses:
a. The minimum lot size for residential uses in Brothers, Hampton and Millican is
2.5 acres.
b. Each lot shall have a minimum width of 200 feet.
c. Each lot must be served by an on -site well.
d. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate
that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final
approval of a subdivision or partition.
e. Lot coverage for a dwelling and accessory buildings used primarily for residential
purposes shall not exceed twenty-five (25) percent of the total lot area. Lot
coverage for buildings used primarily for commercial purposes shall be
determined by spatial requirements for sewage disposal, landscaping, parking,
yard setbacks and any other elements under site plan review.
2. Commercial and Public Uses.
a. The minimum lot size in Brothers, Hampton, Millican, Whistlestop and Wildhunt
for a commercial use served by an on -site septic system and individual well shall
be the size necessary to accommodate the use.
b. Each lot shall have a minimum width of 150 feet.
c. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate
that the lot or parcel can meet DE4 on -site sewage disposal rules prior to final
approval of a subdivision or partition.
HISTORY
Adopted by Ord. 2002-002 §2 on 61512002
Amended by Ord. 2002-028 §1 on 712412002
Amended by Ord. 2004-002 §11 on 412812004
Amended by Ord. 2015-004 §2 on 412212015
Amended by Ord. 2016-015 §4 on 71112016
Amended by Ord. 2018-006 §8 on 1112012018
Amended by Ord. 2020-001 §6 on 412112020
Amended by Ord. 2022-014 §2 on 41412023
Amended by Ord. 2024-008 §8 on 101912024
18 65 021 Alfalfa RSC• Commercial/Mixed Use District
In Alfalfa, the following uses and their accessory uses are permitted:
A. Uses Permitted Outright.
1. Single-family dwelling.
2. Manufactured home, subject to DCC 18.116.070
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Residential home.
4-5. and FesideRtW Residential facility.
5-6.Two-family dwelling or duplex.
&-7.Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard,
and hog or mink farms.
7-8. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC 18.116.230.
8-.9.Class III road and street project.
9-10. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office and/or commercial establishment in a building or buildings
each not exceeding 4,000 square feet of floor space. The aggregate area for any one
type of use that takes place in multiple buildings may not exceed 4,000 square feet.
2. Residential use in conjunction with a permitted commercial use.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
6. Marijuana wholesaling, office only. There shall be no storage of marijuana items or
products at the same location.
7. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to
nrrnkla nm%ficinnc nf thic rhantar. DCC 18.116. Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use, of this title:
1. School.
2. Cemetery.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Medical clinic or veterinary clinic.
5. Community Center.
6. Recreational vehicle or trailer park.
7. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A).
8. Marijuana retailing, subject to the provisions of DCC 18.116.330.
9. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
D. Yard and Setback Requirements.
1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a
local street right of way and 50 feet from an arterial right of way.
2. The minimum side yard setback shall be 10 feet.
3. The minimum rear yard setback shall be 20 feet.
4. The minimum side and rear yard setbacks for property that is adjacent to land zoned
exclusive farm use shall be 50 feet.
E. Lot Requirements. The minimum lot size shall be the size necessary to accommodate the use,
but not less than one acre.
HISTORY
Adopted by Ord. 2002-002 §2 on 61512002
Amended by Ord. 2018-006 §8 on 1112012018
Amended by Ord. 2020-001 §6 on 412112020
Amended by Ord. 2022-014 §2 on 4/4/2023
Amended by Ord. 2024-008 §8 on 101912024
18 65 022 Alfalfa RSC; Residential District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright,
subject to the applicable provisions of this chapter:
1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC 18.65.021(D),
and excluding livestock feed lot or sales yard, and hog or mink farms.
2. Single family dwelling, or a manufactured home subject to DCC 18.116.070.
3. Two-family dwelling or duplex.
4. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
5. 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.
6. Class III road or street project.
7.Type 1 Home Occupation, subject to DCC 18.116.280.
�L& Residential home.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Park or playground.
2. Community building.
3. Utility facility.
4. Religious institutions or assemblies.
5. Child care facility and/or preschool.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject
to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124,
Site Plan Review, and DCC 18.128, Conditional Use, of this title:
1. Schools.
2. Medical clinic or veterinary clinic.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Bed and breakfast inn.
5. Public use.
6. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
D. Yard and Setback Requirements.
1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a
local street right of way and 50 feet from an arterial right of way.
2. The minimum side yard setback shall be 10 feet.
3. The minimum rear yard setback shall be 20 feet.
C Lot Req- iiromontc
1. The minimum lot size is 5 acres.
2. The minimum average width of lots shall be 200 feet.
3. Each lot must be served by an on -site well.
4. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the
lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a
subdivision or partition.
5. Lot coverage for a dwelling and accessory buildings used primarily for residential
purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for
buildings used primarily for commercial purposes shall be determined by spatial
requirements for sewage disposal, landscaping, parking, yard setbacks and any other
elements under site plan review.
F. Limitations on uses — RSC-Residential District. The following limitation shall apply to uses
permitted in the RSC — Residential District:
1. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000
square feet. The total number of all such animals (other than their young under the age
of six months) shall be limited to the square footage of the lot divided by 20,000 square
feet, which is the minimum area per animal.
2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one
for each 500 square feet of land.
3. All livestock shall be located a minimum of 100 feet away from a residential building on
an adjacent lot.
HISTORY
Adopted by Ord. 2002-002 §2 on 61512002
Amended by Ord. 2002-028 §1 on 712412002
Amended by Ord. 2004-002 §12 on 412812004
Amended by Ord. 2020-001 §6 on 412112020
Amended by Ord. 2020-010 §2 on 71312020
Amended by Ord. 2024-008 §8 on 101912024
Exhibit T
18 66 020 Residential (TeR) C istrict
The Terrebonne Residential District allows a mixture of housing types and densities suited to the level of
available water and sewer facilities. The purpose of this district is to allow new residential development
that is compatible with the rural character of the area.
A. Permitted uses. The following uses and their accessory uses are permitted outright and do not
require site plan review:
1. Single-family dwelling or a manufactured home subject to DCC 18.116.070.
2. Two-family dwelling.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the
total number of such animals over the age of six months is limited to the square
footage of the lot or parcel divided by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total
number of such animals over the age of six months does not exceed one for
each 500 square feet of property.
E; C'lat- I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.66.070 and 18.116.230.
6. Class III road or street project.
7_Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
-7-.8. Residential home.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Manufactured home park.
2. Multi -family dwelling complex.
3. Retirement center or nursing home.
4. Cluster development.
5. Religious institutions or assemblies.
6. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
7. Public or private school.
8. Pa rk.
9. Public or semi-public building.
10. Utility facility.
11. Water supply or treatment facility.
12. Veterinary clinic.
13. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (6).
14. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
4:4-15. Residential facility.
D. Lot Requirements.
9 Do rfii-innC:
a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an
approved community, non -community or municipal water system and not
served by a public sewer system, shall have a minimum width of 150 feet with a
minimum parcel size of one acre.
b. Subject to DCC 17.36.170 parcels served by an approved community, non -
community, municipal or public water system, but not served by an approved
public sewer system, shall have minimum parcel sizes as follows:
1. For a single-family dwelling, a parcel shall have a minimum width of 100
feet and a minimum parcel size of 22,000 square feet.
2. For a two-family dwelling, a parcel shall have a minimum width of 100
feet and a minimum parcel size of 33,000 square feet.
c. For parcels served by an approved community, municipal or public water and
sewer system, the minimum parcel sizes shall be as follows:
1. For a single-family dwelling, the parcel shall have a minimum width of
75 feet and a minimum parcel size of 7,500 square feet.
2. For a two-family dwelling, the parcel shall have a minimum width of 75
feet and a minimum parcel size of 10,000 square feet.
2. Subdivisions:
a. For subdivisions involving multi -family dwellings, a manufactured home park, a
retirement center or a nursing home, all new lots shall be connected to a DEQ
permitted wastewater pollution control facility.
b. For subdivisions involving only single-family and two family dwellings the
standards set forth in DCC 18.66.020(C)(1) shall apply.
E. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-
way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property
fronting on an arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards
shall be a minimum of 15 feet, subject to DCC 18.66.020(E)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.020(E)(4).
4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or
parcel contiguous to EFU-zoned land that is receiving special assessment for farm use
shall be set back a minimum of 100 feet from the common property line.
5. In addition to the setbacks set forth herein, any greater setbacks required by applicable
building or structural codes adopted by the State of Oregon and/or the County under
DCC 15.04 shall be met.
HISTORY
Adopted by Ord. 97-003 §2 on 61411997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004-002 §13 on 412812004
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2024-008 §9 on 10IV2024
18 66 030 Residential-5 Acre Minimum (TeRS) District
The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural residential
lots where community sewer and water are not available.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not
require site plan review:
1. Single-family dwelling or a manufactured home subject to DCC 18.116.070.
2. Two-family dwelling.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the
total number of such animals over the age of six months is limited to the square
footage of the lot or parcel divided by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six
months, provided that the total numbers of such animals does not exceed one
for each 500 square feet of property.
5. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.66.070 and 18.116.230.
6. Class III road or street project.
7_Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
7L.8. Residential home.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.116, 18.124 and 18.128:
1. Manufactured home park.
2. Multi -family dwelling complex.
3. Retirement center or nursing home.
4. Religious institutions or assemblies.
5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
6. Public or private school.
7. Park.
8. Public or semi-public building.
9. Utility facility.
10. Water supply or treatment facility.
11. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
?13. Residential facility.
D. Lot Requirements. The minimum lot or parcel size in the TeRS District is five acres regardless of
the availability of approved community, non -community, municipal, or public water system and
public sewer system.
E. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-
way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property
fronting on an arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards
shall be a minimum of 15 feet, subject to DCC 18.66.030(E)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.030(E)(4).
4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or
parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall
be set back a minimum of 100 feet from the common property line.
5. In addition to the setbacks set forth herein, any greater setbacks required by applicable
building or structural codes adopted by the State of Oregon and/or the County under
DCC 15.04 of shall be met.
HISTORY
Adopted by Ord. 97-003 §2 on 61411997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004-002 §14 on 412812004
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2024-008 §9 on 101912024
18.66.040 Commercial (TeC) District
The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial
uses to serve the community and surrounding rural area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not
require site plan review:
1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997.
2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC
18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and it road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.66.070 and 18.116.230.
5. Class III road or street project.
66.Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18,120.050.
6-7 Residential home on a lot or parcel existing on June 4, 1997.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248:
1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any
combination of the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Offices.
d. Veterinary clinic and kennel entirely within an enclosed building.
e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1).
f Mari,canna whnIp-alint�. offirp only. There shall be no storage of marijuana items
� ._ ...._.___. _, - _ - , - -
or products at the same location.
2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000
square feet of floor area in a building or buildings, subject to provisions of DCC
18.66.040(E).
3. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Motel, with a maximum of 35 units, only if served by a community sewer system as
defined in OAR 660-22-010(2).
2. Recreational vehicle park.
3. Religious institutions or assemblies.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Public or private school.
6. Park.
7. Public or semi-public building.
8. Medical center in a building or buildings not exceeding 4,000 square feet of floor space.
9. Utility facility.
10. Water supply or treatment facility.
11. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding
4,000 square feet of floor space.
12. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of
floor space with no exterior displays or storage of industrial equipment, industrial
vehicles or industrial products:
a. Manufacturing and production.
b. Wholesale sales.
c. Mini -storage.
13. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
14. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
15. Mariivana retailing, subject to the provisions of DCC 18.116.330.
16. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(B)
and (C).
1. Sewer and Water Requirements. Applicant must obtain approval for an on -site sewage
disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ)
Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of
approval of the land use permit.
2. The County shall notify the Terrebonne Domestic Water District of land use actions
made under DCC 18.66.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor
area exceeding 4,000 square feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural area or the
travel needs of people passing through the area;
b. The use will primarily employ a workforce from the community and surrounding
rural area; and
c. It is not practical to locate the use in a building or buildings with floor area of
4,000 square feet or less.
2. For purposes of DCC 18.66.040, the surrounding rural area includes the area described
by the Terrebonne zip code, which extends south to the boundary of the Redmond zip
code, west to the boundary of the Sisters zip code, east into Crook County to the
boundary of the Prineville zip code and north into Jefferson County to include Crooked
River Ranch.
F. Design Standards.
Ground Floor Windows. The following criteria for ground floor windows apply to all new
commercial buildings in the TeC District except those containing uses listed in DCC
18.66.040(C)(13). The provisions of DCC 18.124 also apply.
1. The window area shall equal at least 50 percent of the length and 25 percent of the
height of the ground level wall area. Ground level wall area includes all exterior wall area
up to nine feet above the finished grade. The window requirement applies to the ground
level of exterior building walls that abut sidewalks or roads.
2. Required window areas shall be windows that allow views into either working areas,
lobbies, pedestrian entrances or display windows.
G. Lot Requirements. Minimum size requirements for this district will be determined by spatial
requirements for on -site sewage disposal, required landscaped areas and off-street parking. No
lot or parcel shall be created of less than a minimum of 10,000 square feet.
H. Dimensional Standards.
Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage
disposal and landscaping are satisfied.
1. Yard Standards.
1, Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by
DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not
increased, to the average building setback distance of existing buildings on adjoining
lots.
2. Side Yard. No requirement, subject to DCC 18.66.040(I)(4).
3. Rear Yard. No specific requirements, subject to DCC 18.66.040(I)(4).
4. Exceptions to Yard Standards.
a. Lot line adjacent to a residential district. Any new structure requiring a building
permit sited on a lot adjacent to a residential district shall be set back a
minimum of 15 feet from the common property line. The required yard shall be
increased by one foot for each foot by which the building height exceeds 20 feet.
b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit
on a lot or parcel adjacent to EFU-zoned land that is receiving special
assessment for farm use shall be set back a minirnum of 100 feet from the
common property line.
HISTORY
Adopted by Ord. 97-003 §2 on 61411997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004-002 §15 on 412812004
Amended by Ord. 2015-004 §3 on 412212015
Amended by Ord. 2016-015 §5 on 71112016
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2021-004 §3 on 512712021
Amended by Ord. 2022-014 §3 on 41412023
Amended by Ord. 2024-008 §9 on 101912024
18 66 050 Commercial -Rural (TeCR) District
The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses common to a
farming community.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not
require site plan review:
1. Single-family dwelling on a lot or parcel existing on June 4, 1997.
2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC
18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.66.070 and 18.116.230.
5. Class III road or street project.
6_Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
6.7 Residential home on a lot or parcel existing on June 4, 1997.
Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124:
1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by
any combination of the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Office.
d. Residential use in the same building as a use listed in DCC 18.66.050.
e. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the sarne location.
2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000
square feet of floor area in a building or buildings, subject to provisions of DCC
18.66.050(E).
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Religious institutions or assemblies.
2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
3. Park.
4. Public or semi-public building.
5. Utility facility.
6. Water supply or treatment facility.
7. Vehicle and trailer sales, service, repair and rental in a building or buildings not
exceeding 4,000 square feet of floor area.
8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet
of floor space to be occupied by any combination of the following uses:
a. Manufacturing or production.
b. Wholesale sales.
c. Mini -storage.
d. Truck terminal.
e. Farm or contractor equipment storage, sales, service or repair.
f. Uses that require proximity to rural resources, as defined in OAR 660-04-022-
(3)(a).
9. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
10. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
11. Marijuana retailing, subject to the provisions of DCC 18.116.330.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.050(B)
and (C).
1. Sewer and Water Requirements.
a. Applicant must obtain approval for an on -site sewage disposal system, or if
applicable, obtain a Department of Environmental Quality (DEQ) Waste Water
Pollution Control Facility (WPCF) permit before approval or as condition of
approval of the land use permit.
b. The County shall notify the Terrebonne Domestic Water District of land use
actions made under DCC 18.66.
2. Compatibility.
a. Any use on a lot adjacent to a residential district shall not emit odor, dust,
fumes, glare, flashing lights, noise, or similar disturbances perceptible without
instruments more than 200 feet in the direction of the affected residential lot.
b. Any use expected to generate more than 50 truck -trailer, contractors and/or
farm heavy equipment trips per day to and from the subject property shall not
locate on a lot or parcel adjacent to or across a local or collector road from a lot
or parcel in a residential district.
c. No use shall be permitted that has been declared a nuisance by state statute,
County ordinance or a court of competent jurisdiction.
d. No use requiring an air containment discharge permit shall be approved by the
Planning Director or Hearings Body before review by the applicable state or
federal permit -reviewing authority. Such uses shall not be located adjacent to or
across a local or collector road from a lot or parcel in a residential district.
3. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak hour of
the day to and from the premises shall document with facts that the affected
transportation facilities are adequate to serve the proposed use, considering the
functional classification, capacity and level of service of the affected
transportation facility.
b. All parking demand generated by uses permitted by DCC 18.66 shall be
accommodated entirely on the premises.
c. Site design shall not require backing of traffic onto a public or private road right-
of-way.
4. Additional Requirements. As a condition of approval of any use proposed, the Planning
Director or Hearings Body may require:
a. An increased setback requirement.
b. Additional off-street parking and loading facilities.
c. Limitations on signs, lighting, hours of operation and points of ingress and
egress.
d. Additional landscaped buffering and screening improvements.
E. Requirements for Large Scale Uses
1. All uses listed in DCC 18.66.050(B) may be allowed to occupy a total floor area exceeding
4,000 square feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural area or the
traveling needs of people passing through the area;
b. The use will primarily employ a workforce from the community and surrounding
rural area; and
c. It is not practical to contain the proposed use within 4,000 square feet of floor
area.
2. This provision does not apply to uses listed in DCC 18.66.050(C)(8).
3. For purposes of DCC 18.66.050(E), the surrounding rural area described by the
Terrebonne zip code, which extends south to the boundary of the Redmond zip code,
west to the boundary of the Sisters zip code, east into Crook County to the boundary of
the Prineville zip code and north into Jefferson County to include Crooked River Ranch.
F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply
to all new commercial buildings in the TeCR District except those containing uses listed in DCC
18.66.050(C)(8). The provisions of DCC 18.124 also apply.
1. The window area shall beat least 50 percent of the length of the ground level wall area
and 25 percent of height of the ground level wall area. Ground level wall area includes
all exterior wall area up to nine feet above the finished grade. The window requirement
applies to the ground level of exterior building walls that abut sidewalks or roads.
2. Required window areas shall be windows that allow views into either working areas,
lobbies, pedestrian entrances or display windows.
G. Lot Requirements. No lot shall be created less than a minimum of 10,000 square feet. Lot
requirements for this district shall be determined by spatial requirements for sewage disposal,
required landscaped areas and off-street parking.
H. Dimensional Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking,
sewage disposal and landscaping are satisfied.
2. No use listed in DCC 18.66.050(C)(8) that is located adjacent to m across a local or
collector road from a lot or parcel in a residential district shall exceed 70 percent lot
coverage by all buildings, outside storage or off-street parking and loading areas.
I. Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by
DCC 18.124.070(D)(3)(b).
The street setback for buildings may be reduced, but not increased, to the average
building setback distance of existing buildings on adjoining lots.
2. Side Yard. No requirement, subject to DCC 18.66.050(I)(4).
3. Rear Yard. No specific requirement, subject to DCC 18.66.050(I)(4).
4. Exceptions to Yard Standards.
Lot line adjacent to a residential zone. For all new structures requiring a building
permit on a lot adjacent to a residential district, the setback shall be a minimum
of 15 feet. The required yard will be increased by one foot for each foot by
which the building height exceeds 20 feet.
b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a
lot adjacent to EFU-zoned land that is receiving special assessment for farm use,
shall be set back a minimum of 100 feet from the common property line.
HISTORY
Adopted by Ord. 97-003 §2 on 61411997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §7 on 1211212001
Amended by Ord. 2004-002 §16 on 412812004
Amended by Ord. 2015-004 §4 on 412212015
Amended by Ord. 2016-015 §5 on 71112016
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2021-004 §3 on 512712021
Amended by Ord. 2024-008 §9 on 101912024
xj7ibi.t j
18.67 020 Residential (TuR) District
The Tumalo Residential (TuR) District allows a mixture of housing types and densities suited to the level
of available water and sewer facilities. The purpose of this district is to allow new residential
development that is compatible with the rural character of the area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not
require site plan review.
1. Single-family dwelling, or a manufactured home subject to DCC 18.116.070.
2. Two-family dwelling.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC Title 18, involving:
a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the
total number of such animals over the age of six months is limited to one for
each 20,000 square feet.
b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total
number of such animals over the age of six months does not exceed one for
each 500 square feet of property.
5. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.67.080 and 18.116.230.
6. Class III road or street project.
7_Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
7.8. Residential home.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128:
1. Multi -family dwelling complex.
2. Retirement center or nursing home.
3. Religious institutions or assemblies.
4. Cemetery.
5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
6. Public or private school.
7. Park.
8. Public or semi-public building.
9. Utility facility.
10. Water supply or treatment facility.
11. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
472-.13. Residential facility.
D. Lot Requirements.
1. Partitions:
a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an
approved community, non -community or municipal water system shall have a
minimum width OT 15U Teet witUI v
h a fiummull, parcel JILC one acre.
b. Subject to DCC 17.36.170(A), parcels served by an approved community, non -
community, municipal or public water system, shall have a minimum parcel size
as follows:
1. For a single-family dwelling the parcel shall have a minimum width of
100 feet and a minimum parcel size of 22,000 square feet.
2. For a two-family dwelling the parcel shall have a minimum width of 100
feet and a minimum parcel size of 33,000 square feet.
2. Subdivisions:
a. For subdivisions involving multi -family dwellings, a manufactured home park or
a retirement home, all new lots shall be connected to a DEQ-permitted
Wastewater Pollution Control Facility.
b. For subdivisions involving only single-family and two-family dwellings the
standards set forth in DCC 18.67.020(D)(1) shall apply.
E. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-
of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a
property fronting on an arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards
shall be a minimum of 15 feet, subject to DCC 18.67.020(E)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.020(E)(4).
4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or
parcel contiguous to EFU-zoned land that is receiving special assessment for farm use
shall be set back a minimum of 100 feet from the common property line.
HISTORY
Adopted by Ord. 97-033 §2 on 612511997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §8 on 1211212001
Amended by Ord. 2004-002 §17 on 412812004
Amended by Ord. 2020-001 §8 on 412112020
Amended by Ord. 2020-010 §4 on 71312020
Amended by Ord. 2021-013 §8 on 41512022
Amended by Ord. 2024-008 §10 on 101912024
18.67.030 Residential-5 Acre Minimum (TuRS) District
The purpose of the Tumalo Residential-5 Acre Minimum District is to retain large rural residential lots.
n n.......,.:a+.. ,.1 I L..... T11 C-11—AI;-- .. and their o ory i � — n.......he v.......b. ......... __ "-'
require site plan review.
1. Single-family dwelling or a manufactured home subject to DCC 18.116.070.
2. Type 1 Home Occupation, subject to DCC 18.116.280.
3. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the
total numbers of such animals over the age of six months is limited to the square
footage of the lot or parcel divided by 20,000 square feet.
Keeping of chickens, fowl, rabbits or similar farm animals over the age of six
months, provided that the total numbers of such animals does not exceed one
for each 500 square feet of property.
4. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.67.080 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
6-7. Residential home.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.116, 18.124, and 18.128:
1. Religious institutions or assemblies.
2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
3. Public or private school.
4. Park.
5. Public or semi-public building.
6. Utility facility.
7. Water supply or treatment facility.
8. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
9_. Surface minine of mineral and aRareRate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
D. Lot Requirements. The minimum lot or parcel size in the TuRS District is five acres.
E. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-
of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a
property fronting on an arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards
shall be a minimum of 15 feet, subject to DCC 18.67.030(E)(4).
3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.030(E)(4).
4. Exception to Yard Standards. Any new structure requiring a building permit on a lot
adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set
back a minimum of 100 feet from the common property line.
HISTORY
Adopted by Ord. 97-033 §2 on 612511997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2000-033 §11 on 121612000
Amended by Ord. 2001-016 §2 on 3/2812001
Amended by Ord. 2001-039 §8 on 12/1.2/2001
Amended by Ord. 2004-002 §18 on 412812004
Amended by Ord. 2020-001 §8 on 412112020
Amended by Ord. 2020-010 §4 on 71312020
Amended by Ord 2024-008 §10 on 10/9/2024
18 67 040 Commercial (TUC) District
The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to
serve the community and surrounding area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not
require site plan review.
1. Single-family dwelling or duplex.
2. Manufactured home subject to DCC 18.116,070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.67.060 and 18.116.230.
5. Class III road or street project.
6_Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
6-7. Residential home.
B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124:
1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be
used by any combination of the following uses:
a. Retail or service business.
b. Eating and/or drinking establishment.
c. Offices.
d. Residential use in the same building as a use permitted in DCC 18.67.040.
e. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square
feet of floor area in a building subject to the provisions of DCC 18.67.040(E).
3. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.116, 18.124, and 18.128:
1. Religious institutions or assemblies.
2. Bed and breakfast inn.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Pa rk.
5. Public or semi-public building.
6. Utility facility.
7. Water supply or treatment facility.
8. Manufactured home/RV park on a parcel in use as a manufactured home park or
recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of
June 12, 1996 as a manufactured home park or recreational vehicle park, including any
expansion of such uses on the same parcel as configured on June 12, 1996.
9. The following uses and their accessory uses may be conducted in a building or buildings
not to exceed 4,000 square feet of floor space.
a. Farm equipment, sales, service or repair.
b. Trailer sales, service or repair.
c. Vehicle service or repair.
d. Veterinary clinic.
10. The following uses may be conducted in a building or buildings not to exceed 10,000
square feet of floor space:
a. Manufacturing or production.
b. Wholesale sales.
c. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
13. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC
18.67.040(C)(10).
1. Compatibility.
a. Any use expected to generate more than 50 truck -trailer and/or heavy
equipment trips per day to and from the subject property shall not be permitted
to locate on a lot or parcel adjacent to or across a local or collector street from a
lot or parcel in a residential district.
2. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak hour of
the day to and from the premises shall document with facts that the affected
transportation facilities are adequate to serve the proposed use, considering the
functional classification, capacity and level of service of the affected
transportation facility.
b. All parking demand generated by uses permitted by DCC 18.67 shall be
accommodated entirely on the premises.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square
feet but not greater than 10,000 square feet if the Planning Director or Hearings Body
finds:
a. The use is intended to serve the community and surrounding rural area or the
traveling needs of people passing through the area;
b. The use will primarily employ a workforce from the community and surrounding
rural area; and
c. It is not practical to contain the proposed use within 4,000 square feet of the
floor area.
2. This provision does not apply to uses listed in DCC 18.67.040(C)(10).
3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the
following: extending north to the Township boundary between Townships 15 and 16;
extending west to the boundary of the public lands managed by the U.S. Forest Service
in T16S-R11E; extending south to the south section lines of T17S-R12E sections 4,5,6 and
T17S-R11E sections 1,2,3; and extending east to Highway 97.
F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply
to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any
residential use. The provisions of DCC 18.124 also apply.
1. The windows must be at least 50 percent of the length of the ground level wall area and
25 percent of height of the ground level wall area. Ground level wall area includes all
exterior wall area up to nine feet above the finished grade. The window requirement
applies to the ground level of exterior building walls which abut sidewalks or streets.
2. Required window areas shall be either windows that allow views into working areas,
lobbies, pedestrian entrances or display windows.
G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot
requirements for this district shall be determined by spatial requirements for sewage disposal,
required landscaped areas and off-street parking.
H. Dimensional Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking,
sewage disposal and landscaping are satisfied.
2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or
collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage
by all buildings, outside storage, or off-street parking and loading areas.
I. Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by
DCC 18.124.070 (D)(3).
The street setback for buildings may be reduced, but not increased, to the average
building setback distance of existing buildings on adjoining lots.
2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4).
3. Rear Yard. No specific requirement, subject o vt..� lo.oi.v-+v k1ll`+I-
4. Exceptions to Yard Standards.
Lot line adjacent to a residential zone.
For all new structures or substantial alteration of a structure requiring a building
permit on a lot adjacent to a residential district, the setback shall be a minimum
of 15 feet. The required yard will be increased by one foot for each foot by
which the building height exceeds 20 feet.
b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a
lot adjacent to EFU-zoned land that is receiving special assessment for farm use
shall be set back a minimum of 100 feet from the common property line.
HISTORY
Adopted by Ord. 97-033 §2 on 612511997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2000-033 §11 on 121612000
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §8 on 1211212001
Amended by Ord. 2004-002 §19 on 412812004
Amended by Ord. 2004-013 §7 on 912112004
Amended by Ord. 2015-004 §5 on 412212015
Amended by Ord. 2016-015 §6 on 71112016
Amended by Ord. 2020-001 §8 on 412112020
Amended by Ord. 2020-010 §4 on 71312020
Amended by Ord. 2021-004 §4 on 512712021
Amended by Ord. 2021-013 §8 on 41512022
Amended by Ord. 2022-014 §4 on 41412023
Amended by Ord. 2024-008 §10 on 101912024
18 67 090 Right -Of -Way Development Standards
A. Applicability. The standards in DCC 18.67.090-090 shall, in conjunction with the provisions of DCC
17.36, 17.40 and 17.48 relating to improvements in the right-of-way, apply to improvements in
the right-of-way required by land use approvals. Right-of-way improvements shall be those
authorized by subdivision, partition, conditional use or site plan requirements, as applicable. The
standards set forth in DCC 18.67.080-090 shall govern over any conflicting standards set forth in
DCC Title 17.
B. Road Access. For properties abutting Highway 20, when there is a choice to take access from a
road other than Highway 20, no access shall be taken from Highway 20.
C. Roadways. Any roadway improvement shall conform to the applicable provisions of DCC Title 17,
Table 18.67-A and the functional classification assigned to the road segment by the
Comprehensive Plan for the Tumalo Rural Community.
D. Bikeways. Required bikeway improvements shall conform to the standards set forth in DCC
17.48.140 and applicable specifications of DCC Title 17, Table 18.67-A.
E. Sidewalks.
Sidewalks shall meet the standards set forth in Table 18.67-A. Sidewalks are required
only where specified in the Comprehensive Plan Map for Tumalo, Map D1 "Planned
Pedestrian Improvements"
Sidewalks may be constructed either at the time of development or may be deferred
until later through formation of a local improvement district. Applicants electing to defer
sidewalk construction shall be required as a condition of approval to submit and have
recorded a waiver of remonstrance signed by the land owner waiving the land owner's
rights to have any objection to LID formation counted against formation of the LID.
Drainage. Drainage facilities shall be required if necessary to meet the standard of DCC
17.48.190. Where specified in DCC Title 17, Table 18.67-A drainage shall be accomplished by
swales constructed in accordance with the specifications set forth in DCC Title 17, Table 18.67-A
and the drawing set forth in DCC 17.48.
HISTORY
Adopted by Ord. 97-033 §2 on 612511997
Amended by Ord. 2024-008 §10 on 101912024
Exhibit K
18.74.020 Uses Permitted; Deschutes !unction And Deschutes River Woods Store
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and
do not require site plan review:
1. Single-family dwelling.
2. Manufactured home subject to DCC 18. 116. 070.
3. Two-family dwelling.
4. Type 1 Home Occupation, subject to DCC 18. 116. 280.
5. Agricultural uses.
6. Class I and II road or street project subject to approval as part of a land partition or
subdivision, or subject to the standards and criteria established in DCC 18.116.230.
7. Class III road or street project.
8_A lawfully established use existing as of 11/05/02, the date this chapter was adopted,
not otherwise permitted by this chapter.
8-9. Residential home.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
narmittp.d subiect to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
g. Video store.
h. Antique, art, craft, novelty and second hand sales if conducted completely
within an enclosed building.
2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of
11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or
25 percent of the size of the building as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Retail sales of agricuitural or farm products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair garage, towing service, fuel storage and
sales.
f. Public or semi-public use.
g. Residential use in the same building as a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of
11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or
25 percent of the size of the building as of said date, whichever is greater.
C. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Child care facility and/or preschool.
D. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
d. Religious institutions or assemblies.
e. School.
2. Recreational vehicle park
3. Mini -storage facilities limited to 35,000 square feet in size.
4. Marijuana retailing, subject to the provisions of DCC 18.116.330.
5. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-019 §2 on 81712002
Amended by Ord. 2004-002 §20 on 412$; 2004
Amended by Ord. 2008-008 §1 on 3/18/2008
Amended by Ord. 2015-004 §7 on 412212015
Amended by Ord. 2016-015 §7 on 71112016
Amended by Ord. 2020-001 §9 on 412112020
Amended by Ord. 2020-010 §5 on 71312020
Amended by Ord. 2021-013 §9 on 41512022
Amended by Ord. 2022-014 §5 on 41412023
Amended by Ord. 2024-008 §11 on 10/9/2024
Exhibit 1.
18.76.100 Design And Use Criteria
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.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Repealed & Reenacted by Ord. 2003-036 §2 on 111512003
Amended by Ord. 2018-006 §9 on 1112012018
Amended by Ord. 2024-008 §12 on 101912024
>4ail�it. IVl
18.108.030 Single Family Residenttia_ I;_RS District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. Single-family dwelling.
2. Recreational path.
2-3. Residential home.
B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a
conditional use permit:
1. Park, playground and picnic and barbecue area.
2. Fire station.
3. Library.
4. Museum.
5. Health and fitness facility.
6. Utility substations or pumping stations with no equipment storage or sewage treatment
facilities.
7. Temporary subdivision sales office.
8. Community building.
9. Religious institutions or assemblies.
C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height, except as allowed under DCC 18.120.040.
D. Lot Requirements. The following lot requirements shall be observed, provided that the Planning
Director or Hearings Body may allow smaller lots approved pursuant to DCC Title 18 and
consistent with the Comprehensive Plan designations for preservation of forested area or
significant rock outcroppings when these lots are internal to the subdivision or after a hearing if
they are located on the edge of the new plat.
1. Lot Area. Every lot shall have a minimum area of 6,000 square feet.
2. Lot Width. Every lot shall have a minimum average width of 60 feet, except that a corner
lot shall be a minimum of 70 feet.
3. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on
an approved cul-de-sac this may be reduced to 30 feet.
4. Front Yard. The front yard shall be a minimum of 20 feet.
5. Side Yard. A side yard shall be a minimum of five feet for structures up to 21 feet in
height. All structures greater than 21 feet in height shall have a minimum side yard of
7.5 feet, including additions thereto.
6. Rear Yard. The rear ,yard setback for properties which do not have a common area
adjoining the rear property line shall be a minimum of 25 feet. The rear yard setback is
zero for properties with a rear property line which adjoins a common area that is 50 feet
or greater in depth. The rear yard setback for properties which adjoin common area less
than 50 feet in depth shall be calculated at six inches for every one foot less than 50
feet. The depth of the common area adjoining the rear yard shall be determined to be
the average depth of the common area when measured at 90 degree angles at 10 foot
intervals along the entire length of the rear property line.
7. Lot Coverage. Maximum lot coverage by buildings and structures shall be 35 percent of
the lot area.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 98-035 §2 on 611011998
Amended by Ord. 2004-013 §11 on 912112004
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2024-008 §13 on 10/9/2024
18.108.050 Commercial; C District
A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are
permitted outright in the C district.
1. Recreational path.
2. Ambulance service.
3. Library.
4. Religious institutions or assemblies.
5. Bus stop.
6. Community center.
7. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Retail/rental store, office and service establishment.
b. Art galleries
c. Dry cleaner and/or self-service laundry establishment.
d. Radio and television sales and service.
e. Radio and television broadcasting studios and facilities, except towers.
f. Restaurant, bar and cocktail lounge, including entertainment.
g. Automobile service station.
h. Technical and business school.
i. Catering establishment.
j. Crafts in conjunction with retail sales (occurring on premises, such as stained
glass/pottery, etc.).
k. Medical and dental clinic, office and laboratory.
I. Theater not exceeding 4,000 square feet of floor area.
m. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
8. Multiple -family residential dwelling units, subject to the provisions of DCC
18.108.050(C)(1).
9. Residential dwelling units constructed in the same building as a commercial use, subject
to the provisions of DCC 18.108.050(C)(2).
10. Post Office.
11. Administrative and office facility associated with a community association or community
use.
12. Police facility.
3-2-.13. Residential facility.
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC
18.128 and a conditional use permit.
1. Public buildings and public utility buildings and structures.
2. Club, lodge or fraternal organization.
3. Commercial off-street parking lot.
4. Bus passenger station.
5. Interval ownership and/or time-share unit or the creation thereof.
6. Miniature golf.
7. Bed and breakfast inn.
8. Inn.
O Resi deRtial faGeiity.
4:0:9. A building or buildings each not exceeding 8,000 square feet of floor space
housing any combination of:
a. Bowling alley.
b. Car wash.
c. Dancing or music school, nursery school, kindergarten and day-care facility.
d. Theater exceeding 4,000 square feet in floor area.
e. Veterinary clinic or kennel operated entirely within an enclosed building.
f. Automotive repair and maintenance garage, or tire store, provided the business
is wholly conducted within an enclosed building.
g. Marijuana retailing, subject to the provisions of DCC 18.116.330.
310. Psilocybin service centers. subject to the provisions of DCC 18.116.380.
C. Use Limits.
1. Multiple -family residential dwelling units, allowed on the nine acres vacant as of
December 31, 1997 in the C District, shall be subject to the provisions of DCC
18.108.040(C) and (D), and the following requirements:
a. No dwelling unit shall have more than three bedrooms.
b. Individual dwelling units shall not exceed 2,250 square feet of habitable floor
area.
c. One off-street parking space shall be provided for each bedroom within each
dwelling unit, with a maximum of two spaces allowed per dwelling unit.
2. Residential dwelling units constructed in the same building as a commercial use
developed in the C district shall be subject to the following requirements:
a. Residential dwelling units shall be developed above first floor commercial use.
b. No dwelling unit shall have more than two bedrooms.
c. Individual dwelling units shall not exceed 850 square feet of floor area.
d. One off-street parking space shall be provided for each bedroom within each
dwelling unit.
3. Uses permitted either outright or conditionally in the C District shall not involve the
transport of chemicals which would present a significant hazard.
D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.050(A)(7) or DCC
18.108.050(B)(10) may be allowed in a building or buildings each exceeding 8,000 square feet of
floor space if the Planning Director or Hearings Body finds:
1. That the intended customers for the proposed use will come from the community and
surrounding rural area, or the use will meet the needs of the people passing through the
area. For the purposes of DCC 18.108.050(D), the surrounding rural area shall be that
area identified as all property within five miles of the boundary of the Sunriver Urban
Unincorporated Community;
2. The use will prin;arily efflploy a work force from the community and surrounding rural
area; and
3. That it is not practical to locate the use in a building or buildings under 8,000 square feet
of floor space.
E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height.
F. Lot Requirements. The following lot requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. 100 feet.
4. Front Yard. The front yards shall be a minimum of 10 feet.
5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and
then the side yard shall be a minimum of 10 feet. The required side yards shall be
increased by one-half foot for each foot by which the building height exceeds 20 feet.
6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and
then the rear yard shall be a minimum of 10 feet. The required rear yard shall be
increased by one-half foot for each foot by which the building height exceeds 20 feet.
7. Lot Coverage. No requirements.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 98-016 §1 on 311111998
Amended by Ord. 2003-026 §1 on 71912003
Amended by Ord. 2015-004 §9 on 412212015
Amended by Ord. 2016-015 §9 on 71112016
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2022-014 §7 on 41412023
Amended by Ord. 2024-008 §13_on 101912024
18.108.060 Resort; R District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in
the R District:
1. Resort facility developed in a building or buildings of any size which house any
combination of:
a. Meeting room, convention and banquet facility.
b. Resort recreation facilities.
c. Property sales and rental office.
d. Hotel, motel and lodging facility with up to 100 units in a single building.
e. Maintenance facility associated with resort and recreation operations.
f. Storage building necessary for and associated with resort, recreation and/or
property development.
g. Administrative offices, support and service facilities commonly associated with
resort and recreation development and operations.
2. Restaurant, bar and cocktail lounge including entertainment and catering facilities which
are included within the same building as any of the uses listed in DCC 18.108.060(A)(1).
3. Retail sales, rental and repair services commonly associated with and included within
the same building as any of the uses listed in DCC 18.108.060(A)(1).
4. Interval ownership and/or time-share unit or the creation thereof.
5. Multiple family residential dwelling units subject to and consistent with the standards of
the RM District.
6. Recreational path.
8.7. Residential facility.
9-.8.A building or buildings each not exceeding 8,000 square feet of floor space which
conform with the height regulations and lot requirements of the R District and house
any combination of:
a. New restaurant, bar and cocktail lounge, including entertainment and catering
facilities which are not included within the same building as those uses listed in
DCC 18.108.060(A)(1).
b. New retail sales, rental and repair services commonly associated with uses
permitted outright or conditionally in the R District which are not included
within the same building as those uses listed in DCC 18.108.060(A)(1).
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC
18.128 and a conditional use permit:
1. Public buildings and public utility buildings and structures as they may be appropriate to
the R District.
2. Religious institutions or assemblies, club or fraternal organization.
3. School.
C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed 40 feet in height.
D. Lot Requirements. The following lot requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. 100 feet.
4. Front Yard. The front yard shall be a minimum of 10 feet.
S. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and
then the side yard shall be a minimum of 10 feet. The required side yard shall be
increased by one half foot for each foot by which the building height exceeds 20 feet.
6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and
then the rear yard shall be a minimum of 10 feet. The required rear yard shall be
increased by one half foot for each foot by which the building height exceeds 20 feet.
7. Lot Coverage. No requirements.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2024-008 §13 on 101912024
18.108.120 Community General; CG District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. School.
2. Utility substation, utility equipment storage and repair yard, and pump station.
3. Golf course.
4. Tennis court.
5. Swimming pool.
6. Park, playground and picnic and barbecue area.
7. Nature center.
8. Putting green.
9. Recreational path.
10. Equestrian facility.
11. Boat dock.
12. Health and fitness facilities.
13. Amphitheater.
14. Observatory.
15. Administrative and office facility associated with a community association or community
use.
16. Police facility.
17. Fire station.
18. Public works facility.
19. Community center.
20. Religious institutions or assemblies.
21. Warehouse and storage facilities accessory to and in conjunction with any use permitted
outright in this district.
22 Resideici1ial thrum
23 D id t4al facility.
24.22.A building or buildings each not exceeding 8,000 square feet of floor space
which conform with the height regulations and lot requirements of the CG District and
house any combination of:
a. Limited food and beverage service customarily accessory to and in conjunction
with any use permitted outright or conditionally in this district.
b. Retail sales, rental and repair services commonly associated with uses permitted
outright or
c. conditionally in the CG District.
B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a
conditional use permit:
1. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A).
C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height.
D. Lot Requirements. The following lot requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. 100 feet.
4. Front Yard. The front yard shall be a minimum of 10 feet.
5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and
then the side yard shall be a minimum of 10 feet. The required side yard shall be
increased by one half foot for each foot by which the building height exceeds 20 feet.
6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and
then the rear yard shall be a minimurn of 10 feet. The required rear yard shall be
increased by one half foot for each foot by which the building height exceeds 20 feet.
7. Lot Coverage. No requirements.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 2014-020 §1 on 11612015
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2024-008 §13 on 101912024
18 108.150 Community Neighborhood; CN District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. School.
2. Utility substation, pump station and, utility equipment storage and repair yard.
3. Sewage treatment facility.
4. Tennis court.
5. Swimming pool.
6. Paris, playground and picnic and barbecue area.
7. Recreational path.
8. Equestrian facility.
9. Health and fitness facility.
10. Amphitheater.
11. Observatory.
12. Religious institutions or assemblies.
13. ResideRtial hemp
1 /I Rocid—ntial fadlity.
4-5-.13. Daycare facility.
3&14. Administrative and office facility associated with a community association or
community use.
3-:�715. Community center.
3-9-.16. Police facility.
B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height.
C. Lot Requirements. The following lot requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. 100 feet.
4. Front Yard. The front yard shall be a minimum of 10 feet.
5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and
then the side yard shall be a minimum of 10 feet. The required side yard shall be
increased by one half foot for each foot by which the building height exceeds 20 feet.
6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and
then the rear yard shall be a minimum of 10 feet. The required rear yard shall be
increased by one half foot for each foot by which the building height exceeds 20 feet.
7. Lot Coverage. No requirements.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 98-016 §3 on 311111998
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2024-008 §13 on 101912024
i,ti:illbl� :�i
18.110.020 Seventh Mountain 1l d i Creek Anti Black Butte Ranch Resort Districts
A. Uses permitted outright. The following uses and their accessory uses are permitted subject to
the applicable provisions of DCC 18.110.050:
1. Single-family dwelling.
2. Residential home.
2 Residential f-,eiii+.,
4.3.Timeshare units existing as of January 1, 1984 at Black Butte Ranch.
-5-4.Timeshare units at the Inn of the Seventh Mountain.
6-.5.The following resort recreational facilities: Recreational path, picnic and barbecue area,
park, playground, and sport courts for basketball, volleyball, and similar small-scale
recreation activities.
�L& Livestock and horse grazing on common area in Black Butte Ranch.
8-7. Police or security facility.
B. Uses permitted subject to site plan review. The following uses and their accessory uses are
permitted subject to applicable provisions of DCC 18.110 and DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review:
1. Resort facility, as that term is defined in DCC Title 18.
2. Resort recreation facilities, as that term is defined in DCC Title 18, except those uses
listed in DCC 18.110.020(A)(6).
3. Resort utility facilities, as that term is defined in DCC Title 18.
4. Property sales and rental office.
5. Hotel or motel.
6. Daycare facility.
7. Fire station.
8. Post office.
9. Multiple -family dwellings.
10. Employee housing.
Residential facility.
C. Conditional uses permitted. The following uses and their accessory uses are permitted subject to
the applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, DCC 18.124,
Site Plan Review, and DCC 18.128, Conditional Use:
1. Religious institutions or assemblies.
2. Wireless telecommunications facility.
HISTORY
Adopted by Ord. 2001-048 §2 on 1211012001
Amended by Ord. 2014-009 §1 on 81612014
Amended by Ord. 2014-025 §1 on 911512014
Amended by Ord. 2020-001 §13 on 412112020
Amended by Ord. 2024-008 §14 on 101912024
Fxhib) it 0
18.116.210 Residential Homes And Residential Facilities
A.
In any application for a residential home or residential facility, the applicant shall not be required
to supply any information concerning the existence of or the nature or severity of any handicap
(as that term is defined under the Fair Housing Act) of prospective residents.
HISTORY
Adopted by Ord. 91-038 §3 on 913011991
Amended by Ord. 2024-008 §15 on 101912024
18.128.040 Specific Use Standards.
A conditional use shall comply with the standards of the zone in which it is located and with the
standards and conditions set forth in DCC 18.128.045-050 through DCC 18.128.370.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 80-206 §4 on 1011311980
Amended by Ord. 84-015 §3 on 711811984
Amended by Ord. 84-023 §4 on 81111984
Amended by Ord. 85-002 §9 on 211311985
Amended by Ord. 86-018 §1 on 613011986
Amended by Ord. 86-056 §§3 and 4 on 613011986
Amended by Ord. 87-032 §1 on 121911987
Amended by Ord. 89-008 §1 on 312911989
Amended by Ord. 90-014 §§39 and 40 on 711211990
Amended by Ord. 91-005 §§46 and 47 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 94-008 §15 on 61811994
Amended by Ord. 94-053 §6 on 121711994
Amended by Ord. 2000-033 §9 on 121612000
Amended by Ord. 2024-008 §16 on 10IV2024
Exhibit Q
19.04.040 Definitions
As used in DCC Title 19, words in the present tense include the future; the singular number includes the
plural and the plural number includes the singular; unless the context clearly indicates the contrary, the
word "shall" is mandatory and not discretionary; the word "may" is permissive; the masculine gender
includes the feminine and neuter; and the term "this title" shall be deemed to include the text of this
title and accompanying zoning maps and all amendments hereafter made thereto. As used in this title,
unless the context requires otherwise, the following words and phrases shall be defined as set forth in
DCC 19.04.040.
"Residential facility" means a residential care, residential training, or residential treatment facility, as
those terms are defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), that provides
residential care alone or in conjunction with treatment or training or a combination thereof for six to
fifteen individuals who need not be related. Staff persons required to meet licensing requirements shall
not be counted in the number of facility residents, and need not be related to each other or to any
resident of the residential facility.
"Residential home" means a residential treatment or training home, as defined in ORS 443.400
(Definitions for ORS 443.400 to 443.455) a residential facility registered under ORS 443.480 (Definitions
for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities), or an adult foster home
licensed under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of
penalties recovered) that provides residential care alone or in conjunction with treatment or training or
a combination thereof for five or fewer individuals who need not be related. Staff persons required to
1__II I__ J L_ L.._ LL.. ..:I:a.........:.J...,.r.. J U �L...
meet licensing requirements shall not be counted in the number or ratcrrrw rC��UCr���, --A neeu iiivL uc
related to each other or to any resident of the residential home.
HISTORY
Adopted by Ord. 80-217 §1 Exhibit A on 1211811980
Amended by Ord. 82-011 on 81911982
Amended by Ord. 83-041 §2 on 61111983
Amended by Ord. 86-032 §1 on 41211986
Amended by Ord. 86-033 §1 on 41211986
Amended by Ord. 86-017 §1 Exhibit a on 613011986
Amended by Ord. 86-055 §1 on 613011986
Amended by Ord. 86-058 §1 on 613011986
Amended by Ord. 88-042 §3 on 1211911988
Amended by Ord. 90-038 §1 on 101311990
Repealed & Reenacted by Ord. 90-007 §1 on 121711990
Amended by Ord. 91-001 §1 on 112811991
Amended by Ord. 91-029 §§1, 8, 9 and 10 on 81711991
Amended by Ord. 92-043 §1 on 512011992
Amended by Ord. 93-018 §1 on 511911993
Amended by Ord. 94-005 §§1 & 2 on 611511994
Amended by Ord. 95-045 §15 on 612811995
Amended by Ord. 96-071 §1D on 1213011996
Amended by Ord. 97-017 §1 on 311211997
Amended by Ord. 97-038 §1 on 812711997
Amended by Ord. 99-001 §§2-4 on 111311999
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2014-016 §1 on 1212912014
Amended by Ord. 2016-016 §1 on 61112016
Amended by Ord. 2017-009 §7 on 712112017
Amended by Ord. 2020-001 §17 on 412112020
Amended by Ord. 2020-010 §8 on 71312020
Amended by Ord. 2021-009 §2 on 611812021
Amended by Ord. 2024-008 §17 on 101912024
Exhibit R
19.12.020 Permitted Uses
The following uses are permitted:
A. Farm uses as defined in DCC Title 19.
B. Single-family dwelling.
C. Home occupation subject to DCC 19.88.140.
D. Other accessory uses and accessory buildings and structures customarily appurtenant to a
permitted use subject to DCC 19.92.020.
E. Day care center facilities subject to site review, DCC 19.76 and DCC 19,88.160.
F. Farm stands subject to DCC 19.76 and DCC 19.88.290.
G. Accessory Dwelling Units, subject to DCC 19.92.150.
H. Residential Accessory Dwelling Units, subject to DCC 19.92.160.
�4-1. Residential home.
HISTORY
Adopted by Ord. PL-11 on 711111979
Amended by Ord. 88-042 §4 on 1211911988
Repealed & Reenacted by Ord. 90-038 §1,2 on 101311990
Amended by Ord. 91-001 §2 on 112811991
Amended by Ord. 2008-014 §3 on 313112008
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2019-009 §4 on 91312019
Recorded by Ord. 2019-009 §4 on 91312019
Amended by Ord. 2023-014 55 on 121112023
Amended by Ord. 2024-008 §18 on 101912024
Exhibit S
19.20.020 Permitted Uses
The following uses are permitted:
A. Single-family dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Home occupations subject to DCC 19.88.140.
D. Other accessory uses and accessory buildings and structures customarily appurtenant to a
permitted use subject to DCC 19.92.020.
E. Accessory Dwelling Units, subject to DCC 19.92.150.
F. Child care facility and/or preschool
G_Residential Accessory Dwelling Units, subject to DCC 19.92.160.
G-H. Residential home.
HISTORY
Adopted by Ord. PL-11 on 711111979
Amended by Ord. 88-042 §6 on 1211911988
Repealed & Reenacted by Ord. 90-038 §1,2 on 101311990
Amended by Ord. 91-001 §4 on 112811991
/-II en14
ded Uy O/ d. 93V1 FJ §3 VII J�/1 /1993
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2019-009 §5 on 91312019
Recorded by Ord. 2019-009 §5 on 91312019
Amended by Ord. 2020-001 §20 on 412112020
Amended by Ord. 2020-010 §9 on 71312020
Amended by Ord. 2023-014 §6 on 121112023
Amended by Ord. 2024-008 §19 on 10/9/2024
19.22.020 Permitted Uses
The following uses and their accessory uses are permitted outright:
A. Single-family dwelling.
B. Home occupation subject to DCC 19.88.140.
C. Other accessory uses and accessory buildings and structures customarily appurtenant to a
permitted use subject to DCC 19.92.020.
D. Residential Accessory Dwelling Units, subject to DCC 19.92.160.
D:E.Residential home.
HISTORY
Adopted by Ord. 2019-001 §8 on 411612019
Amended by Ord. 2023-014 §7 on 121112023
Amended by Ord. 2024-008 §20 on 101912024
19.28.020 Permitted Uses
The following uses are permitted:
A. Single-family dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Rooming and boarding of not more than two persons.
D. Home occupation subject to the provisions of DCC 19.88.140.
E. Other accessory uses and buildings and structures customarily appurtenant to a permitted use
subject to DCC 19.92.020.
F_Child care facility and/or preschool.
F—.G. Residential home.
HISTORY
Adopted by Ord. PL-11 on 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Amended by Ord. 2020-010 §10 on 71312020
Amended by Ord. 2024-008 §21 on 101912024
Exhibit V
CHAPTER 22.36 LIMITATIONS ON APPROVALS
22.36.010 Expiration Of Approval
22.36.020 Initiation Of Use
22.36.025 Transition Rules; Applicability
22.36.030 Extensions To Avoid Environmental Or Health Hazards
22.36.040 Modification Of Approval
22.36.050 Transfer Of Permit
22.36.060 Revocation Of Approvals
22.36.010 Expiration Of Approval
A. Scope.
Except as otherwise provided herein, DCC 22.36.010 shall apply to and describe the
duration of all approvals of land use permits provided for under the Deschutes County
Land Use Procedures Ordinance, the various zoning ordinances administered by
Deschutes County and the subdivision/partition ordinance.
2. DCC 22.36.010 does not apply to:
a. Those determinations made by declaratory ruling, such as verifications of
nonconforming uses, verifying a lot or parcel meets the "lot of record" definition
in 18.04.030, and expiration determinations, that involve a determination of the
leeal status of a property, land use or land use permit rather than whether a
particular application for a specific land use meets the applicable standards of
the zoning ordinance. Such determinations, whether favorable or not to the
applicant or landowner, shall be final, unless appealed, and shall not be subject
to any time limits.
b. Temporary use permits of all kinds, which shall be governed by applicable
ordinance provisions specifying the duration of such permits.
c. Quasi-judicial map changes.
B. Duration of Approvals.
1. Except as otherwise provided under DCC 22.36.010 or under applicable zoning
ordinance provisions, a land use permit is void two years after the date the discretionary
decision becomes final if the use approved in the permit is not initiated within that time
period.
2. Except as otherwise provided under applicable ordinance provisions, preliminary
approval of plats or master plans shall be void after two years from the date of
preliminary approval, unless the final plat has been submitted to the Planning Division
for final approval within that time period, an extension is sought under DCC 22.36.010 or
the preliminary plat or master plan approval has been initiated as defined herein.
3. In cases of a land use approval authorized under applicable approval criteria to be
completed in phases, each phase must be initiated within the time specified in the
approval, or initiated within two years of completion of the prior phase if no timetable is
specified.
4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use
Zones is for 4 years:
a. Nonfarm dwelling
b. Lot of record dwelling
c. Large tract dwelling
d. Template dwelling.
e. Alteration, restoration, or replacement of a lawfully established dwelling-i-4
FeFest Use ;zAnp,;
f_Caretaker residences for public parks and public fish hatcheries.
fig. Hardship dwelling.
C. Extensions.
1. The Planning Director may grant one extension of up to one year for a land use approval
or a phase of a land use approval, and two years for those dwellings listed in DCC
22.36.010(B)(4) above, regardless of whether the applicable criteria have changed, if:
a. An applicant makes a written request for an extension of the development
approval period;
b. The request, along with the appropriate fee, is submitted to the County prior to
the expiration of the approval period;
c. The applicant states reasons that prevented the applicant from beginning or
continuing development or meeting conditions of approval within the approval
period; and
d. The County determines that the applicant was unable to begin or continue
development or meet conditions of approval during the approval period for
reasons for which the applicant was not responsible, including, but not limited
to, delay by a state or federal agency in issuing a required permit.
2. Except for those dwellings listed under DCC 22.36.010(B)(4) above, up to two additional
one-year extensions may be granted by the Planning Director or the Planning Director's
designees where applicable criteria for the decision have not changed, if:
a. An applicant makes a written request for an extension of the development
approval period;
b. The request, along with the appropriate fee, is submitted to the County prior to
the expiration of the approval period;
c. The applicant states reasons that prevented the applicant from beginning or
continuing development or meeting conditions of approval within the approval
period; and
The County determines that the applicant was unable to begin or continue
development or meet conditions of approval during the approval period for
reasons for which the applicant was not responsible, including, but not limited
to, delay by a state or federal agency in issuing a required permit.
3. For those dwellings listed under DCC 22.36.010(B)(4), up to five additional one-year
extensions may be granted if:
a. The applicant makes a written request for the additional extension prior to the
expiration of an extension;
b. The applicable residential development statute has not been amended following
the approval of the permit; and
c. An applicable rule or land use regulation has not been amended following the
issuance of the permit, unless allowed by the county, which may require that the
applicant comply with the amended rule or land use regulation.
4. In addition to the extensions granted in DCC 22.36.010(C)(1), one additional two-year
extension for a land use approval or a phase of a land use approval may be granted by
the Plannine Director or the Planning Director's designee under the criteria listed under
DCC 22.36.010(C)(1) for approvals issued prior to June 8, 2011. This subsection does not
apply for those dwellings listed under DCC 22.36.010(B)(4) above.
D. Procedures.
1. A determination of whether a land use has been initiated shall be processed as a
declaratory ruling.
Approval of an extension granted under DCC 22.36.010 is an administrative decision, is
not a land use decision described in ORS 197.015 or Title 22 and is not subject to appeal
as a land use decision and shall be processed under DCC Title 22 as a development
action, except to the extent it is necessary to determine whether the use has been
initiated.
Effect of Appeals. The time period set forth in DCC 22.36.010(B) shall be tolled upon filing of an
appeal to LUBA until all appeals are resolved.
HISTORY
Repealed & Reenacted by Ord. 82-011 on 81911982
Repealed & Reenacted by Ord. 90-007 §1 on 121711990
Amended by Ord. 95-018 §1 on 412611995
Amended by Ord. 95-045 §43A on 612811995
Amended by Ord. 2004-001 §4 on 711412004
Amended by Ord. 2011-016 on 61812011
Amended by Ord. 2015-017 §5 on 3/2812016
Amended by Ord. 2017-015 §5 on 111112017
Amended by Ord. 2020-022 §2 on 512012020
Amended by Ord. 2020-007 §22 on 1012712020
Amended by Ord. 2024-008 §22 on lQe9 024
CUMNIUNITY DEVELOPMENT
FINDINGS
HOUSEKEEPING TEXT AMENDMENTS
1. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BACKGROUND:
The Planning Division regularly amends Deschutes County Code (DCC) and the Comprehensive Plan
to correct minor errors identified by staff, other County departments, and the public. This process,
commonly referred to as housekeeping, also incorporates updates from rulemaking at the state
level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules
(OAR), and allows for less substantive code changes to continue efficient County operations.
The last time Deschutes County adopted housekeeping amendments occurred in March 20231.
III. BASIC FINDINGS:
The Planning Division determined minor changes were necessary to clarify existing standards and
procedural requirements, include less substantive code alterations, incorporate changes to state
and federal law, and correct errors found in various sections of the Deschutes County Code (DCC).
Staff initiated the proposed changes and notified the Oregon Department of Land Conservation and
Development on July 2, 2024 (File no. 247-24-000417-TA). As demonstrated in the findings below,
the amendments remain consistent with Deschutes County Code, the Deschutes County
Comprehensive Plan, and the Statewide Planning Goals.
IV. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
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
1 Ordinances 2023-001.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 97708-6005
A- (541) 388-6575 a@cdd@deschutes.org ®www.deschutes.org/cd
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission (Commission) on August 22, 2024 and a public hearing was held
before the Board of County Commissioners (Board) on September 25, 2024.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion is met as notice was published in The Bulletin newspaper on August 6, 2024
for the Commission public hearing and on September 11, 2024 for the Board public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been met.
EXHIBIT W - Ordinance No. 2024-008 Page 2 of 10
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: This criterion is met as the Commission held a public hearing on August 22, 2024. The
Board held a public hearing on September 25, 2024,
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-24-000417-TA will be
implemented by ordinances upon approval and adoption by the Board.
W DDf1DP1CCn TCYT "ACIU111►AEIUTC:
V.
r 1\V I MM a EX /11Y1-01YI
The proposed text amendments are detailed in the referenced ordinance with additional text
identified by underline and deleted text by striLothre g_1 . Below are summary explanations of the
proposed changes.
Title 15, Buildings and Construction:
Chapter 15.08. SIGNS
Section 15.08.060. Sign Permit -(See Exhibit A)
DCC 15.08.060 outlines exceptions for when a sign permit is required. The proposed change
corrects an internal DCC reference for sign permit exceptions to the appropriate section.
Title 18, County/ Zonine.
Chapter 18.04. TITLE, PURPOSE, AND DEFINITION - (See Exhibit B)
Section 18.04.030. Definitions
EXHIBIT W - Ordinance No. 2024-008 Page 3 of 10
The proposed changes will update the definitions for "residential I`acility" and "residential home"
to match the state statutory definitions in ORS (Oregon Revised Statutes) 197.660.
Chapter 18.16. EXCLUSIVE FARM USE ZONES - (See Exhibit C)
Section 18.16.030. Conditional Uses Permitted; High Value And Non -High Value Farmland
The proposed changes alter the standards for replacing a lawfully established dwelling within
the Exclusive Farm Use (EFU) Zone to match the updated state statutory standards put in place
by House Bill (HB) 2192, and referenced in ORS 215.291. The modified statutory language
outlines new standards for:
• Determining if a dwelling is eligible for replacement.
• Siting criteria for replacement dwellings.
• Timelines for constructing replacement dwellings and deconstructing or converting
original dwellings.
• Deed restrictions for replacement dwellings.
• Construction provisions from section R327 of the Oregon Residential Specialty Code that
apply to replacement dwellings.
Additional proposed changes modify the existing language regarding residential homes and
rocirlontinI fnriIitiac in tha PG 17nna to match tha ctata ctati itnry ctanrlArrlc of C1RS 1 Q7 AAI; and
197.667 respectively. Deschutes County will continue to allow residential homes in existing
dwellings subject to ORS 215.296. However, residential facilities will no longer be allowed in the
EFU Zone as those uses are precluded per ORS 197.667. These proposed changes align with a
larger set of proposed changes dealing with residential homes and residential facilities in DCC
18.116.210, as detailed below.
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE; MUA - (See Exhibit D)
Section 18.32.020. Uses Permitted Outright
Per ORS 197.665, the proposed changes enumerate that residential homes are a use allowed
outright within residential zones, including the Multiple Use Agricultural (MUA10) Zone.
Chapter 18.36. FOREST USE ZONE; F-1 -(See Exhibit E)
Section 18.36.020. Uses Permitted Outright
Section 18.36.025. Lawfully Established Dwelling Replacement
EXHIBIT W - Ordinance No. 2024-008 Page 4 of 10
The proposed changes alter the standards for replacing a lawfuily established dwelling within
the Forest Use (F1) Zone to match the updated state statutory standards put in place by House
Bill (HB) 2192, and referenced in ORS 215.291. The modified statutory language outlines new
standards for:
• Determining if a dwelling is eligible for replacement.
• Siting criteria for replacement dwellings.
• Timelines for constructing replacement dwellings and deconstructing or converting
original dwellings.
• Deed restrictions for replacement dwellings.
• Construction provisions from section R327 of the Oregon Residential Specialty Code that
apply to replacement dwellings.
Section 18.36.070. Fire Siting Standards For Dwellings And Structures
The proposed changes correct an erroneous reference the Oregon Uniform Building Code
Identifying noncombustible or fire resistant roofing materials for structures built in the F1 Zone.
The correct reference has been included for the Oregon Residential Specialty Code.
Chapter 18.40. FOREST USE ZONE; F-2 -(See Exhibit F)
Cnj-tinn 1R do n7n 11cac Parmittarl nutriuht
Section 18.40.025. Lawfully Established Dwelling Replacement
The proposed changes alter the standards for replacing a lawfully established dwelling within
the Forest Use (F2) Zone to match the updated state statutory standards put in the place by
House Bill (HB) 2192. The modified statutory language outlines new standards for:
• Determining if a dwelling is eligible for replacement.
• Siting criteria for replacement dwellings.
• Timelines for constructing replacement dwellings and deconstructing or converting
original dwellings.
• Deed restrictions for replacement dwellings.
• Construction provisions from section R327 of the Oregon Residential Specialty Code that
apply to replacement dwellings.
Section 18.40.070. Fire Siting Standards For Dwellings And Structures
The proposed changes correct an erroneous reference the Oregon Uniform Building Code
identifying noncombustible or fire resistant roofing materials for structures built in the F2 Zone.
The correct reference has been included for the Oregon Residential Specialty Code.
EXHIBIT W - Ordinance No. 2024-008 Page 5 of 10
Chapter 18.60. RURAL RESIDENTIAL ZONE; RR-10 -(See Exhibit G)
Section 18.60.020. Uses Permitted Outright
Per ORS 197.665, the proposed changes enumerate that residential homes are a use allowed
outright within residential zones, including the Rural Residential (RR10) Zone.
Chapter 18.65. RURAL SERVICE CENTER; UNINCORPORATED COMMUNITY ZONE -(See Exhibit
H)
Section 18.65.020. Commercial/Mixed Use District (Brothers, Hampton, Millican,
Whistlestop And Wildhunt)
Section 18.65.021 Alfalfa RSC; Commercial/Mixed Use District
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS -(See Exhibit l)
Section 18.66.020. Residential (TeR) District
Section 18.66.030 Residential-5 Acre Minimum (TeRS) District
Section 18.66.040 Commercial (TeC) District
Section 18.66.050 Commercial -Rural (TeCR) District
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS - (See Exhibitj)
EXHIBIT W - Ordinance No. 2024-008 Page 6 of 10
Section 18.67.020. Residential (TuR) District
Section 18.67.030 Residential-S Acre Minimum (TuRS) District
Section 18.67.040 Commercial (TuC) District
Section 18.67.090. Right -Of -Way Development Standards
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
An additional proposed change corrects a scrivener's error which incorrectly identified DCC
18.67.080 as the section governing right-of-way development standards in the Tumalo
Community Zone. The reference now correctly identified DCC 18.67.090 as the appropriate
section.
Chapter 18.74. RURAL COMMERCIAL ZONE - (See Exhibit K)
.Cde Ctlon Ie I_r v2v. USeJ Permuted; LO a%..h uteJ julll.tl oil Ai1d Desl.11uteJ River Woo us Store
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 18.76. AIRPORT DEVELOPMENT ZONE - (See Exhibit L)
Section 18.76.100. Design and Use Criteria
The proposed changes remove an unnecessary duplicate line of text from DCC 18.76.060, which
describes dimensional standards in the Airport District. The line 'The following dimensional
standards shall apply in the Airport Districts" has been removed from DCC 18.76.100.
Chapter 18.108. URBAN UNINCORPROATED COMMUNITY ZONE; SUNRIVER - (See Exhibit M)
Section 18.108.030. Single Family Residential; RS District
EXHIBIT W - Ordinance No. 2024-008 Page 7 of 10
Section 18.108.050. Commercial; C District
Section 18.108.060. Resort; R District
Section 18.108.120. Community General; CG District
Section 18.108.150. Community Neighborhood; CN District
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 18.110. RESORT COMMUNITY ZONE -(See Exhibit N)
Section 18.110.020. Seventh Mountain/Widgi Creek And Black Butte Ranch Resort
Districts
The proposed changes modify specific chapter references to residential homes and residential
facilities r * , rah r4, r r r.,r., r n.J �� f noc n� ccc A 9 n-7 cc� � ., �.,
IaI.I IIIIC.� lV �111a11,1� IIIC state slalUlVly standards VI VI\J ,71.VVJ an I7/.VV� IespelllVCly.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 18.116. SUPPLEMENTARY PROVISIONS - (See Exhibit O)
Section 18.116.210. Residential Homes And Residential Facilities
The proposed changes modify the existing standards regarding residential homes and
residential facilities across all zones to match the state statutory standards of ORS 197.665 and
197.667 respectively. Deschutes County will continue to allow residential homes in all areas
where they were previously allowed, except those specific zoning districts which are now
precluded by statute. This includes an allowance for residential homes in existing dwellings
within the EFU Zone subject to ORS 215.296. Residential facilities will continue to be allowed in
all residential zones they were previously allowed, with the exception of the EFU Zone as those
uses are now precluded per ORS 197.667.
Chapter 18.128. CONDITIONAL USE - (See Exhibit P)
Section 18.128.040. Specific Use Standards
EXHIBIT W - Ordinance No. 2024-008 . Page 8 of 10
The proposed changes correct a scrivener's error which references a non-existent portion of
code. The reference to DCC 18.128.045 has now been changed to the correct reference of DCC
18.128.050.
Title 19 BEND URBAN GROWTH BOUNDARY ORDINANCE:
Chapter 19.04. Title, Compliance, Applicability And Definitions - (See Exhibit Q)
Section 19.04.040. Definitions
Title 19 will include new definitions for "residential facility" and "residential home" to match the
state statutory definitions in ORS (Oregon Revised Statutes) 197.660. Residential home and
residential facility are currently undefined terms in Title 19.
Chapter 19.12. URBAN AREA RESERVE ZONE UAR-10 - (See Exhibit R)
Section 19.12.020. Permitted Uses
The proposed changes modify specific chapter references to residential homes and residential
fa�iiitie$ to mu't�i i the stG'te stu'tuCory �tai �dar ds of ORS i 9 7 665 al Id 1 97.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE; SR 21/2 - (See Exhibit S)
Section 19.20.020. Permitted Uses
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 19.22. WESTSIDE TRANSECT ZONE; WTZ - (See Exhibit T)
Section 19.22.020. Permitted Uses
EXHIBIT W - Ordinance No. 2024-008 Page 9 of 10
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE; RS - (See Exhibit U)
Section 19.28.020. Permitted Uses
The proposed changes modify specific chapter references to residential homes and residential
facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively.
Residential homes will continue to be allowed in all areas which permit single-family dwellings.
Residential facilities will continue to be allowed in all areas which permit multi -family dwellings,
or within areas which Deschutes County previously allowed the establishment of residential
facilities in residential zones.
Title 22 DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE•
Chanter 77 36 I IMITATIMUC MU APPRMIALC _ Moo Fxhihit 1 11
Section 22.36.010. Expiration Of Approval
In compliance with ORS 215.010 to 215.293, 215.317 to 215.438, and 215.417(1), the proposed
changes modify the types of dwellings which qualify for a 4-year approval duration after local land
use review. The following dwelling types now qualify for a 4-year approval duration:
Replacement dwellings in the EFU Zone
Hardship dwellings in the EFU Zone
VI. CONCLUSION:
Based on the information provided herein, the staff recommends the Board of County
Commissioners approve the proposed text amendments that make minor changes necessary to
clarify existing standards and procedural requirements, incorporate changes to state and federal
law, and to correct errors in the Deschutes County Code.
EXHIBIT W - Ordinance No. 2024-008 Page 10 of 10