2025-84-Ordinance No. 2025-002 Recorded 4/2/2025REVIEWED
LEGAL COUNSEL
NMEMMSMM��
An Ordinance Amending Deschutes County Code
Title 18, Zoning Ordinance, and Title 19, Bend
Urban Area Zoning Ordinance, to Incorporate Clear ORDNANCE NO. 2025-002
and Objective Housing Standards in Compliance with
State Law and Declaring an Emergency.
1904"IMMAM61
------------ - -----
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on January 9,
2025 and forwarded to the Deschutes County Board of County Cornmissioners ("Board") a 7-0 recommendation
of approval; and
IKMMIM�Nblle
WHEREAS, the Board considered this matter after a duly noticed public hearing on February 12, 2025
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18 and
19; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. Deschutes County Code Chapter 18.04, Title, Purpose and Definitions, is
amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted
Section2. AMENDING. Deschutes County Code Chapter 18.08, Basic Provisions, 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 -+ -d-ethr-eugh.
Section 3. AMENDING. Deschutes County Code Chapter 18.12, Establishment of Zones, 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 s4iked+Fetto.
Section 4. AMENDING. Deschutes County Code Chapter 18.16, Exclusive Fami Use Zones, 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 44ketkfettgh.
Section 5. AMENDING. Deschutes County Code Chapter 18.24, Redmond Urban Reserve Area
Combining Zone, is amended to read as described in Exhibit "E", attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in st4ketk+ettgk.
Section 6. AMENDING. Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone, 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 4F4ie4+fettgh.
Section 7. AMENDING. Deschutes County Code Chapter 18.36, Forest Use Zone (FI), 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
--5M
Section 8. AMENDING. Deschutes County Code Chapter 18.40, Forest Use Zone (F2), is amended to
read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 9. AMENDING. Deschutes County Code Chapter 18.48, Open Space and Conservation Zone,
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 s4ikedifettgh.
Section 10. AMENDING. Deschutes County Code Chapter 18.52, Surface Mining Zone, is amended to
read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 11. AMENDING. Deschutes County Code Chapter 18.56, Surface Mining Impact Area
Combining 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 st+gw-+i, �i.
Section 12. AMENDING. Deschutes County Code Chapter 18.60, Rural Residential 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
Section 13. AMENDING. Deschutes County Code Chapter 18.61, Urban Unincorporated Community
Zone - La Pine, 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 44ked+Fetigh.
Section 14. AMENDING. Deschutes County Code Chapter 18.65, Rural Service Center Unincorporated
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+fiked+Fettgk.
Section 15. AMENDING. Deschutes County Code Chapter 18.66, Terrebonne Rural Community Zoning
Districts, is amended to read as described in Exhibit "0", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted In 4Fgiethfottg4.
Section 16. AMENDING. Deschutes County Code Chapter 18.67, Tumalo Rural Community Zoning
Districts, 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 s4iked+rettg4.
Section 17. AMENDING. Deschutes County Code Chapter 18.74, Rural Commercial Zone, 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 -+;1'_+1'__1'
Section 18. AMENDING. Deschutes County Code Chapter 18.76, Airport Development 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 s4ikethfettgh.
Section 19. AMENDING. Deschutes County Code Chapter 18.80, Airport Safety Combining 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 stfiketkfettg4.
Section 20. AMENDING. Deschutes County Code Chapter 18.84, Landscape Management Combining
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 stfiliethfetigk.
Section 21. AMENDING. Deschutes County Code Chapter 18.88, Wildlife Area Combining 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 stfikethfetigh.
Section 22. AMENDING. Deschutes County Code Chapter 18.89, Greater Sage -Grouse Area
Combining Zone, 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 44kethfettg4.
Section 23. AMENDING. Deschutes County Code Chapter 18.90, Sensitive Bird and Mammal Habitat
Combining Zone, is amended to read as described in Exhibit "W", attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in 44ke*+ettg4.
Section 24. AMENDING. Deschutes County Code Chapter 18.96, Flood Plain Zone, is amended to read
as described in Exhibit "Y', attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 25. AMENDING. Deschutes County Code Chapter 18.100, Rural Industrial Zone, is amended
to read as described in Exhibit "Y", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 26. AMENDING. Deschutes County Code Chapter 18.108, Urban Unincorporated Community
Zone - Sunniver, 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 44ke*,fetith.
Section 27. AMENDING. Deschutes County Code Chapter 18.110, Resort Community Zone, is
amended to read as described in Exhibit "AA", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in 4+ike4+Fettg4.
Section 28. AMENDING. Deschutes County Code Chapter 18.112, Limited Use Combining Zone, is
amended to read as described in Exhibit "BB", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in s4ikethfettg4.
Section 29. AMENDING. Deschutes County Code Chapter 18.113, Destination Resorts Zone, is
amended to read as described in Exhibit "CC", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in s4ikethFettg4.
Section 30. AMENDING. Deschutes County Code Chapter 18.116, Supplementary Provisions, is
amended to read as described in Exhibit "DD", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in s4ikethfettg4.
Section 31. AMENDING. Deschutes County Code Chapter 18.120, Exceptions, is amended to read as
described in Exhibit -EE", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in 4fikeg+Fattg4.
Section 32. AMENDING. Deschutes County Code Chapter 18.124, Site Plan Review, is amended to
read as described in Exhibit "FF", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 33. AMENDING. Deschutes County Code Chapter 18.128, Conditional Use, is amended to read
as described in Exhibit "GG", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 34. AMENDING. Deschutes County Code Chapter 18.132, Variances, is amended to read as
described in Exhibit attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 35. AMENDING. Deschutes County Code Chapter 18.136, Amendments, is amended to read as
described in Exhibit "ll", attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in s4ikethfetigl+.
Section 36. AMENDING. Deschutes County Code Chapter 18.140, Administrative Provisions, 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 4FAee4+Feffg4.
Section 37. AMENDING. Deschutes County Code Chapter 19.04, Title, Compliance, Applicability and
Definitions, is amended to read as described in Exhibit "KK", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in stoke fl+Fet+gk.
Section 38. AMENDING. Deschutes County Code Chapter 19.08, Establishment of Zones and Zoning
Maps, is amended to read as described in Exhibit "LL", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in s4fikegifettg4.
Section 39. AMENDING. Deschutes County Code Chapter 19.12, Urban Area Reserve Zone, is
amended to read as described in Exhibit "MM", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in 4464+Fettg4.
Section 40. AMENDING. Deschutes County Code Chapter 19.16, Surface Mining Zone, is amended to
read as described in Exhibit "NN", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 41. AMENDING. Deschutes County Code Chapter 19.20, Suburban Low Density Residential
Zone, is amended to read as described in Exhibit "00", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted In stfikethfettgk.
Section 42. AMENDING. Deschutes County Code Chapter 19.22, Westside Transect Zone, is amended
to read as described in Exhibit "PP", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stfiketh---11
Section 43. AMENDING. Deschutes County Code Chapter 19.28, Urban Standard Residential Zone, is
amended to read as described in Exhibit '-QQ', attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted In s4ikethfetig4.
Section 44. AMENDING. Deschutes County Code Chapter 19.64, Light Industrial Zone, is amended to
read as described in Exhibit "RK', attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in s""I-1--l'
Section 45. AMENDING. Deschutes County Code Chapter 19.72, Flood Plain Combining Zone, is
amended to read as described in Exhibit" -SS", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in 44kegffaffg4.
Section 46. AMENDING. Deschutes County Code Chapter 19.76, Site Plan Review, is amended to read
as described in Exhibit "IT". attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 47. AMENDING. Deschutes County Code Chapter 19.80, Off -Street Parking and Loading, is
amended to read as described in Exhibit "UU", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in 44kethfettg4.
Section 48. AMENDING. Deschutes County Code Chapter 19.84, Special Setback Provisions on Certain
Streets, is amended to read as described in Exhibit '-'VV", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in
Section 49. AMENDING. Deschutes County Code Chapter 19.88, Provisions Applying to Special Use
Standards, is amended to read as described in Exhibit ... VW", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in 44ke4if&h-gh.
Section 50. AMENDING. Deschutes County Code Chapter 19.92, Interpretations and Exceptions, is
amended to read as described in Exhibit '-`XX", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in .
Section 51. AMENDING. Deschutes County Code Chapter 19.100, Conditional Use Permits, is amended
to read as described in Exhibit "YY", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 52. AMENDING. Deschutes County Code Chapter 19.104, Planned Unit Development
Approval, is amended to read as described in Exhibit '--ZZ", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in .
Section 53. AMENDING. Deschutes County Code Chapter 19.106, Destination Resorts, is amended to
read as described in Exhibit "AAA", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 54. AMENDING. Deschutes County Code Chapter 19.108, Variances, is amended to read as
described in Exhibit `BBB", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in
Section 55. AMENDING. Deschutes County Code Chapter 19.112, Revocation of Permits or Variances,
is amended to read as described in Exhibit "CCC", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in s#filethfattg4.
AMENDING.Section 56.
amended to read as described in Exhibit DMiheretonew language - - to be deleted-
Section 57. FINDINGS. The Board adopts as its findings Exhibit "EEE", attached and incorporated by
reference herein.
Section 58. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an
emergency is declared to exist, and this Ordinance becomes effective thirty (30) days after adoption.
Dated this (�� of n 2025
ATTEST:
Recordi Secre
--?����ssiioner
PHILIP CHANG, Co mi '
Date of I" Reading: 20-1day of R"" 2025.
Date of 2 nd Reading: day of 2025.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Patti Adair
Philip Chang
Effective date: W11day of '2025.
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030,or
where such words a hrases are defined in olicable Or aon Revised S: 1 i� � R!�! ��ind�oL.Q�on
Administral as defined therein. If there conflict between the definitions set forth in
DCC 18.04.030 and the definitions of the same words and johrases in, a licable ORS and/or OAR tho
definilions in ORS andlor OAR sLhall prevail.
"AASHTO Standards" refers to the road safety and design standards set forth in the publication entitled
American Association of State Highway and Transportation Officials Policy on Geometric Designs of
Highways and Streets, current edition.
"Abut
"Accepted farming practice" means a mode of operation common to farms and ranches of a similar
nature, necessary for the operation of such farms and ranches with the intent to obtain a profit in
money, and customarily utilized inconjunction with farm use.
"Access" means the right to cross between public and private property allowing pedestrians and vehicles
to enter and leave property.
al and subordinate to another laWfU V
established structure or lawfully established use on the same lot or arce .
rdinate to another lawf established use on
the same lot or Parcel. Accessory uses include drilli for and utilization of low-tenr oeraturp
"
fluid in con unction with the main use of the ro erf-
°
"Agricultural building or equine facility" means buildings and structures that are exempt from the State
of Oregon Structural Specialty Code as agricultural buildings and equine facilities as described in ORS
�55.315. A structural building termit is not reLi�uirecl for aaricultural buildings or eAuine facilities located
on the same lot or parcel receiving special assessment for farm use.
"Agricultural Land" means lands classified by the U.S. Natural Resources Conservation Service (NRCS) as
predominately Class I -VI soils, and other lands in different soil classes which are suitable for farm use,
taking into consideration soil fertility, suitability for grazing and cropping, climatic conditions, existing —
and future availabilitip of water for farm irri., i . . _existirid- land use �#,atterns techndogical an,�
energy inputs required, and accepted farming practices. Lands in other classes which are necessary to
permit farm practices to be undertaken on adjacent or nearby lands shall be included as agricultural
lands in any event.
least ZOacres in size and contains at least 8.5 irrigated acres, or a|ot or_parcel that iyatleast 8Oacres
in size, regardless ofirrigation.
"Agricultural use" means any use of land, whether for profit or not, related to raising, harvesting and
selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry,
fur -bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural
or horticultural use or animal husbandry or any combination thereof not specifically covered elsewhere
inthe applicable zone. Agricultural use includes the preparation and storage of the products raised on
such land for human and animal use and disposal by marketing or otherwise. Agricultural use also
includes the propagation, cultivation, maintenance and harvesting of aquatic species. Agricultural use
does not include the use of land subject to the provisions of ORS chapter 321, except land used
exclusively for growing cultured Christmas trees.
"Agri -tourism" means a commercial enterprise at a working farm or ranch that is incidental and
subordinate to the existing farm use of the tract that promotes successful agriculture, generates
supplemental income for the owner and complies with Oregon Statue and Rule. Any assembly of persons
shall be for the purpose of taking part in agriculturally based operations or activities such as animal or
crop care, picking fruits or vegetables, cooking or cleaning farm products, tasting farm products; or
learning about farm or ranch operations. Agri -tourism does not include "commercial events or activities."
Celebratory gatherings, weddings, parties, or similar uses are not agri-tourism.
"Aircraft"means any vehicle designed orused for flight through the air and capable ofcarrying goods or
people.
"Airport" means any area of land or water which is used or intended to be used by the general public for
the landing and taking off of aircraft. This also includes any appurtenant areas, buildings, or facilities.
"Amateur Radio Facilities" means the external, outdoor structures associated with an operator's amateur
radio service. This includes antennae, masts, towers, guy wires, and other antenna support structures
that consist ofsolid tubular oropen lattice metal structure not exceeding 25inches onaverage in
diameter orface width.
"Amateur ("Ham") Radio Services" means radio communication services, including amateur-yate||ite
service and amateur service, which are for the purpose of self -training, intercommunication, and
technical investigations carried out by duly licensed amateur radio operators solely for personal aims and
without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97and regulated
there under.
" " "
''Area of special flood hazard" means the land in the flood plain within s community subject to a one
percent or greater chance of flooding in any given year. Such areas are designated by the letter A or V on
the Flood Insurance Rate Map (FIRM).
shared wall ceiling. or floor Such a shared w2aEll,,Lc�eili or floor must enclose interior s0ace of at least
one other dwelli, W unit and ma include the walls of attach`
ture on an individual lot or arcel that is
"Automobile other than astreet, for the display, sale, or
rental of new or used automobiles or trailers and where no repair work is done except minor incidental
repairofautonnobi|esortnei|erstmbedisp|ayed,so|d,ornentedonthepremises.
"Automobile repair garage" means a building orportion thereof used for the care and repair ofmotor
vehicles or where such vehicles are parked or stored for compensation, hire, or sale.
"Automobile service station" means a building or portion thereof or land used for the retail sale of
automobile fuel, oil, and accessories and service.
parts orfor the storage, dismantling orabandonment ofobsolete automobiles, trailers, trucks,
machinery, orparts thereof.
"Auxiliary" as used in DCC 18.36 and 18.40, "auxiliary" means a use or alteration of a structure or land
which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary
structure is located on a site, temporary in nature, and is not designed to remain for the fores1's entire
growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice
has concluded.
"Bank -full stage" means the elevation at which water overflows the natural banks of a stream, river or
lake and begins to inundate the upland. In the absence of physical evidence, the two-year reoccurrence
interval flood elevation may be used to approximate bank -full stage.
year. Also referred to as the "100-year flood." Designation on flood plain maps always includes the letters
"Base flood elevation" means the computed elevation to which floodwater is anticipated to rise during
the base flood. Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on
the flood profiles.
"Basement" means
but not one or more of the
Bed and breakfast inn" means a single4a+rAy-4w,&�unit dwe lin where lodging and meals are
provided for compensation, in which no more than three guest rooms are provided for no more than
eight guests. A guest shall not rent for a time period longer than 30 consecutive days.
"Bed or banks of othe physical containerof it a stream or
'telow bank -full stage and the land 10 feet on either side of the container.
"Below -grade parking garage," for purposes of DCC 18.108.055, is a parking garage where the floor of
the garage is below '• grade of building, and:
A. For a Mixed Use Structure, the level above the garage provides the primary point of pedestrian
access to commercial uses in the building.
B. For all other structures, the floor level directly above the garage level is less than six feet above
the average level of the g-abuttin grade.
"Bicycle" as used in Title 18 has the meanin liven in ORS 801 -e -, ,ri Glle aera:!1::;;:: :a
H J J
J
a n o MLYRS 4R .9°-,wrir,+r,
"Bicycle commuter facilities" means shower(s) and changing room(s) provided in commercial and public
buildings employing at least 25 people. Such facilities may be part of regular bathroom facilities.
"Bicycle facilities" is a general term denoting improvements and provisions made to accommodate or
encourage bicycling, including parking facilities, all bikeways, and shared roadways not specifically
designated for bicycle use.
to bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is
shared with other transportation modes.
• ! ! • !!` • • !! • Nts.
"Boat dock or pier, individual" means a personal use boating structure that is built over or floats upon
the water of a lake, river, or stream, and that serves one property owner for mooring boats or as a
landing place for marine transport, and that has a surface area of 160 square feet or less.
"Boat house" means a covered or enclosed structure designed to provide moorage and/or storage for
recreational or commercial marine transport and built over or floating upon a lake, river, or stream.
"Boat slip" means an area of bank or shore where soil or other material is excavated to a level at or
below the level ofthe waters ofan ake,river, orstream, toallow the mooring or
landing ofmarine transport within the excavated area.
"Building"
�nnL_any_use or
"Campground" means an area devoted to overnight, temporary use for vacation, recreational or
emergency purposes, but not for residential purposes and is established on a site or is contiguous to
lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of the
campground. It is also where facilities are provided to accommodate camping for two or more tents,
travel trailers, yurts or recreational vehicles. A campground shall not include campsite utility hook-ups,
intensely developed recreational uses such as swimming pools or tennis courts or commercial activities
such as retail stores or gas stations. A private campground may provide yurts for overnight camping. The
yurt shall be located on the ground or on e wood floor with no permanent foundation. No more than
one-third or maximum of1Ocampsites, whichever is smaller, may include ayuML. Overnight temporary
use in the same campground by a camper orcamper's vehicle shall not exceed a total of3O days during
any consecutive Gmonth period.
"Cannabinoid" means any of the chemical compounds that are the active constituents of marijuana.
"Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by a
mechanical extraction process; a chemical extraction process using a non hyd roca rbon -based or other
solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol, or ethanol; a
chemical extraction process using the hydrocarbon -based solvent carbon dioxide, provided that the
process does not involve the use of high heat or pressure; or any other process identified by the Oregon
Liquor Control Commission, in consultation with the Oregon Health Authority, by rule.
"Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate, cannabinoid
extract, ordried marijuana leaves orflowers have been incorporated.
"Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by a
chemical extraction process using a hydrocarbon -based solvent, such as butane, hexane or propane; a
chemical extraction process using the hydrocarbon -based solvent carbon dioxide, if the process uses
high heat or pressure; or any other process identified by the Oregon Liquor Control Commission, in
consultation with the Oregon Health Authority, by rule.
"Cannabinoid product" means a cannabinoidedible and any other product intended for human
consumption or use, including a product intended to be applied to the skin or hair, that contains
cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include usable
marijuana by itself, acannabinoid concentrate byitself, acannabinoidextract byitself, orindustrial
hemp as defined in Oregon Revised Statutes S71.2UO.
"Carport" means a structure used to shelter a vehicle, having no enclosed uses above, and entirely open
ontwo ormore sides.
"Carrying capacity" means level of use which can be accommodated and continued without irreversible
impairment of natural resource productivity, the ecosystem and the quality of air, land, and water
resources.
"Child care center" see child care facility.
"Child carefaci|ity" as used in{DCCTitle 28 is defined in ORS32BA.
"Clear vision area" means atriangular area onthe corner ofalot 2Lpgrcel at the intersection oftwo
streets or a street and a railroad. Two sides of the triangle are sections of the lot lines
the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B). Where lot
lines have rounded corners, the specified distance is measured from a point determined by the
extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting
the ends ofthe measured sections ofthe street lot lines.
"Cluster development" means a development permitting the clustering of singlermu|ti
onpart ofthe property, with individual lots
t4a-Rwith a lot area of at least tw/oacrey4�-�andnn1exceeding a|ot area of,three acres, andi
.Nocommercial or
industrial uses not allowed by the applicable zoning ordinance are permitted.
"Commercial agricultural enterprise" means farm operations which will:
A. Contribute in a substantial way to the area's existing agricultural economy; and
B. Help maintain agricultural processors and established farm markets. When determining whether
a harm is part ufa commercial agricultural enterprise, not only what is produced, but how much
and how itismarketed shall beconsidered.
"Commercial amusement establishment" means afacility supplying refreshments and various forms of
"Commercial event or activity" means any meeting, celebratory gathering, wedding, party, or similar
uses consisting of any assembly of persons and the sale of goods or services. It does not include agri-
tourism. In DCC 18.16.042, a commercial event or activity shall be related to and supportive of
"Commercial farm" as used in DCC 18.16 means those land tracts shown on the 1991 Assessor's records
as contiguous ownership tracts under one name (or separated only by a road), zoned EFU, receiving
special assessment for farm use and in the top 90 percent of assessed farm use values (arranged in
ascending order). These farms are identified in the resource element of the comprehensive plan.
but excluding quarters intended for permanent occupancy such as a duplex or apa4A4e++tMu1tj-unit
dwe lin +(--dwellinp park is not included in this definition.
"Commercial use" means the use of land primarily for the retail sale of products or services, including
offices. |tdoes not include factories, warehouses, freight termina|s^orwholesale distribution centers.
"Community center" means a community meeting, retreat, and activity facility serving the social or
recreational needs ofcommunity residents orvisitors.
"Community service use" means any public or semi-public uses, such as land disposal sites, schools,
utility facilities, churches, community buildings, fire stations, cemeteries, mausoleums, crematories,
airports, and private uses which attract significant numbers of people, such as airports, livestock sales
yards, and other similar uses.
"Community sewage system" means an ons,ite system that serves more than one lot or parcel more than
one condorniniurn unit or more than one unit of a planned unit devel
"[ommun|tyvvatersystem"
round residents or that reg larly serves 25 or ear round resiclents.FpeaA&,i4ieffe-s��
Conditional use" means a use that may be permitted, permitted with conditions, or denied at the
discretion of the Hearings Body based upon findings of fact as required by DCC Title 18, the County
Uniform Development Procedures Code and the Comprehensive Plan.
"Condominium" shall have the meani R set forth in ORS 100,1 R :11: AH= ef 9kV444RfSNP11-4pe��
1Q���
"Conduit" means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar man-made structure
which isormay beused toconvey water.
"Conflicting use" means a land use which could negatively impact or be negatively impacted by a Goal 5
resource.
"Conservation easement" means a nonpossessory interest in real property conveyed by the property
The purposes of a conservation easement include, but are not limited to, retaining or protecting natural,
scenic or open space values, public access, protecting natural resources, maintaining or enhancing air
and water quality, and preserving the historical, archaeological, or cultural aspects of the property.
"Contiguous land" means lots or parcels ofland under the same ownership which abut, irrespective of
"Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical
facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency
"Cross-section" means a profile of the ground surface perpendicular to the center line of a street,
stream, or valley bottom.
VETIMIRTA. ME
C. Managed toproduce trees meeting U.S.No. 2orbetter standards for Christmas trees as
specified by the Agriculture Marketing Services of the United States Department of Agriculture;
and
C. Land planted in orchards or other perennials, other than land specified in D below, prior to
F. Except for land under a -,�,��Ie4aff+4y!jnit dwelling, land under buildings supporting
accepted farm practices, including the processing facilities allowed under DCC 18.16.025(l) and
the processing of farm crops into biofuel as commercial activities in conjunction with farm use
H. Any land constituting avvood|ot,not toexceed 2Oacres, contiguous toand owned bythe owner
of land specially valued for farm use even if the land constituting the woodlot is not utilized in
conjunction with farm use;
1. Land lying idle for no more than one year where the absence of farming activity is due to t1M
illness of the farmer or member of the farmer's immediate family. For the purposes of this
section, illness includes injury or infirmity whether or not such illness results in death; I
2. The biofue| from all of the crops purchased for processing into bimfue| is used on the
farm ofthe landowners; or
MOMITETIMMIMAM
"Destination resort" means a self-contained development providing visitor oriented accommodations
and developed recreational facilities in a setting with high natural amenities. To qualify as a "major
destination resort" under Goal 8, a proposed development must meet the following standards:
C. At least $7,000,000 (in 1993 dollars) is spent in the first phase on improvements for on -site -
developed recreational facilities and visitor -oriented accommodations, exclusive of costs for
land, sewer and water facilities and roads. Not less than one-third of this amount shall be speni
D. Developed recreational facilities and key facilities intended to serve the entire development and
visitor -oriented accommodations must be constructed or, where permitted by DCC 18.113,
guaranteed through surety bonding or substantially equivalent financial assurances prior to
closure of sale of individual lotsRgrcels or units. In phased developments, developed
recreational facilities and other key facilities intended to serve a particular phase shall be
E. Visitor -oriented accommodations are provided, including meeting rooms, restaurants with
seating for 100 persons, and 150 separate rentable units for overnight lodgings as described in
DCC 18.113.060(A). Accommodations available for residential use will not exceed two and one-
"DEW means the Oregon Department ofEnvironmental Quality.
freestandine and structuraliv seDarated from other structures.
"Developed recreation facilities" with respect to destination resorts, means improvements constructeii
for the purpose of recreation. These include, but are not limited to, golf courses, tennis courts,
swimming pools, marinas, equestrian trails and facilities, and bicycle paths.
cement
and areas devoted to exterior di I ii',:::;;!:t advertisement stor ge- or activities. Devel,,,, ment includes
does not include natural geoloeic forms or
°
ut not limited to buildimas or other structures
rations or st nt or
materials.
"Diversion" means any man-made structure which is or may be used to deflect or divert water from a
"DOGAM|" means the Oregon Department ofGeology and Mineral Industries.
"Drainage swale" means a broad manmade depression, running parallel to the right of waW between the
pavement and the sidewalks, for containing storm runoff from streets.
"Dust -sensitive use" means fe4���use_pf a site lot or �arceI4 as a fe4�dwellin
u t school, church, hospital, or similar use. or agricultural of a
�j���is not "dust -sensitive" unless it meets the above criteria in more than an incidental
dust -sensitive uses.
°
B"Dwelling unit accessory" shall have the meanino, set forth in DCC 18116355W
C "Dwelling unit. historic accessorv" shall have the meani, 1- set forth in DCC 18.116.350(A).
commercial use ma be ooerated on the sround floor of the dwellin
E. D olex" means two attached dwelling units on an individual lot or Darcel.
Dwel li ng. lot of record" means a dwel li nip unit Ooroved pursuant to QRS 215.705.
anufactured dwelling." as defined herein.
G. Dwelling. manufactured" shall have the meaning set forth in ORS 446.003. As used in DCC Title
Dwelling. multi -unit" means a building that consists of three or more attached dwelline units on
an individual lot or r)arcel.
H.
"Dwelling1.
"DwellingJ.
"Dwelling
tents te oe-es travel trailers and other similar structures.
L " Dwel li n2. seasonal" means a si n2le-unit dwel li n2. includi n2 a manufactured dwell inE. travel
son ou
M. trailer or cam ational or
Dwellin2a unit. zero lot line" means dwelling units which are constructed with a zero side
setback.�
"Town
the rear of the building provide Darki—a and service access.
0. dwelling with common walls on one or both side lot lines and continuous front facades. Allevs to
Townhouse" means a dwelling unit that is Dart of a row of two or more attached dwelling un�l
where each unit is located on an individual lot or narc 1.
"Dude
asoutdoor recreation opportunities, and offering only temporary rental accommodations for vacation
use bynonresidents.
"Easement"means agrant ofthe right touse a lot o parcel ofland, Lorportion thereof, for specific
purposes where ownership of the land or portion thereof is not transferred.
"Eavp"means aoro|ecdnemverhanefour feet orless at the lower border ofaroof and extendinefrom o
"
Ensure" means guarantee;make sure orcertain something will happen.
"ESEE" stand for "economic, social, environmental, and energy." ESEE means the economic, social,
environmental, and energy "consequences," as defined in OAR 660-16-005, that might result from
prohibiting, restricting, or fully allowing a "conflicting" use. A conflicting use is one which could
negatively impact orbenegatively impacted bythe Goal 5resource.
"
"Exempt vegetation" means a tree or other plant that is shown by the sun chart accompanying a solar
access permit application 10cast existing shade ona protected area.
"Existing" means existing at the time ofapplication.
"Exploration (for minerals)" means all activities conducted on or beneath the surface of the earth for the
purpose of determining presence, location, extent, grade, or economic viability of a deposit.
"Exploration" does not include prospecting, chemical processing of minerals or the off -premises sale or
use ofany minerals.
"Facility for the processing of farm products" means sfacility for:
A. Processing farm crops, including the production of biofue| as defined in ORS 325.241, if at least
B. Slaughtering, processing or selling poultry or poultry products from the farm operation
containing the facility and consistent with the licensing exemption for a person under ORS
"Family child care provider" means a child care provider who regularly provides child care in the home of
the provider to not more than 16 children, including children of the provider, regardless of full-time or
part-time status.
"Farm use" means the current employment of land for the primary purpose of obtaining a profit in
money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, o
the oroduce of, livestock, ijoultry fur-bearinicy animals or hone%lbees or for clairving and the sale of claii
"Farm use" includes the preparation, storage and disposal by marketing or otherwise of the products i
by-products raised on such land for human or animal use. "Farm Use" also includes the current
employment of the land for the primary purpose of obtaining a profit in money by stabling or training
equines, including but not limited to, providing riding lessons, training clinics and schooling shows.
"Farm use" also includes the propagation, cultivation, maintenance and harvesting of aquatic species
and bird and animal species to the extent allowed by the rules adopted by the State Fish and Wildlife
Commission. "Farm use" includes the on -site construction and maintenance of equipment and facilitiE
used for the activities described above. "Farm use" does not include the use of land subject to the
provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees as
defined in ORS 215.203(3). Current employment of the land for farm use also includes those uses listes
under ORS 215.203(2)(b).
B� Fill includes anvexcavation oreradinewithin anv|ake. river, stveam.floodo|ain. wetland, or
MEMMEM
CFill does not include shall not include practices that constitute accepted farmi— --tices as
defined in ORS chaoter 15.
"
"Fire break" means a break in the ground cover fuels intended to prevent the spread of fire.
"Fish passage device" means any man made structure which isormay beused toenable fish topass
over adam tomove upstream.
"Fish protection device" means any man made structure, such as a fish screen, which is or may be used
toprevent fish from entering into orpassing through conduits, penstocks, and other water conducting
structures ordevices connected tmahydroelectric facility.
"Flood orflooding" means a general and temporary condition ofpartial orcomplete inundation of
normally dry land areas from:
A. The overflow ofinland ortidal waters; and/or
B. The unusual and rapid accumulation of runoff of surface waters from any source.
"F|ood,base" means the flood having a one percent chance of being equaled orexceeded inany given
year. Also referred to as the "100-year flood." Such areas are designated by the letter A or V on the Flood
Insurance Rate Map (RRR8).
"Flood Insurance Rate Map (FIRM)" is the official map on which the United States Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community. The FIRM is adopted by reference in Ordinance No. 2007-019.
"Flood Insurance Study" is the official report provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-F|oodxvayMap, and the water surface elevation ofthe base
flood condition of partial or complete inundation of normally dry land areas. The Study is adopted by
reference inOrdinance No. 2OO7-019.
"Floodway" means the channel of a river or other water course, and the adjacent land areas, that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
counted once unless the area under the stairs is art of the dwelling unit's floor plan in which case the
stairs are counted twice. Portions of the floor area with a sloped ceili easuring, less than five feet
frorn the finished floor to the finished --eilinl- are not considered as contributing to the floor area.
"Forest lands" means lands which are suitable for commercial forest uses including adjacent ornearby
lands which are necessary to permit forest operations or practices and other forested lands that
maintain soil, air, water, and fish and wildlife resources.
"Forest operation" means any commercial activity relating tothe growing and harvesting offorest tree
species.
"Forest practice" means any operation conducted on or pertaining to commercial forestlands, including
but not limited to:
A. Reforestation offores land;
B. Road construction and maintenance;
C. Harvesting offorest tree species;
D. Application ofchemicals; and
E. Disposal ofslash.
"Forest uses" include production oftrees and the processing offorest products open space; buffersfrom
noise and visual separation of conflicting uses; watershed protection and wildlife and fisheries habitat;
soil protection from wind and water; maintenance of clean air and water; outdoor recreational activity
and related support services and wilderness values compatible with these uses; and grazing for livestock.
"Front ofbui|ding" means the building face, or scaled drawing thereof, from finished grade tothe roof
ridgeline, that is facing a front lot line and located at or behind a front setback area.
"
"Geothermal energy facility, small-scale" means an electrical power generating plant with a nominal
electric generating capacity of less than 25 MW, a pipeline that is less than 16 inches in diameter and
less than five miles in length used to carry geothermal resources; and related or supporting equipment
and facilities.
"Geothermal resource, high -temperature" means any groundwater, steam, or other fluid 250 degrees
Fahrenheit orgreater, which isused for its thermal characteristics.
"Geothermal resource, low -temperature" means any groundwater, steam, or other fluid less than 250
degrees Fahrenheit, which isused for its thermal characteristics.
"Geothermal vve||, high -temperature" means any excavation as defined byORS 522.005(lO), 522.005(12)
or522.005(15),that isconstructed orused for the thermal properties ofthe resource contained within,
or which is constructed or used for returning such resource to an underground reservoir.
"Geothermal well, low -temperature" means any excavation as defined by ORS 537.515(9), that is
constructed or used for the thermal properties of the resource contained within, or which is constructed
or used for returning such resource to an underground reservoir.
"Goal Sresource" means open spaces, scenic and historic areas and natural resources asspecified in
Goal 5 of Oregon's Statewide Planning Goals and its implementing Administrative Rule, OAR chap1er6GO,
division 15.
"Golf course" means an area of land with highly maintained natural turf laid out for the game of golf
with a series of nine or more holes, each including a tee, a fairway, a putting green, and often one or
combination nine and 18-hole regulation golf course consistent with the following:
B. A regulation nine -hole golf course is generally characterized by a site of 65 to 90 acres of land,
has a playable distance of 2,500 to 3,600 yards and a par of 31 to 36 strokes.
"Golf course" does not include a stand-alone driving range. In EFU zones, "golf course" includes only
meet this definition. Excluded from this definition is such nonregulation development as executive golf
courses, Par 3 golf courses, pitch and putt golf courses and miniature golf courses.
"Golf course, accessory uses" means an accessory use to a golf course is a facility or improvement that is
#f the golf course or that �_rovicles goods or services customarilM#-rovided to golfers at a golf course. An
?ccessory use or activity does not serve the needs of the non -golfing public.
Accessory uses to a golf course may include: Parking; maintenance buildings; cart storage and repair;
pro shop; a practice or beginners course as part of an 18 hole or larger golf course. In an EFU Zone,
accessory uses to a golf course do not include: Sporting facilities unrelated to golfing such as tennis
courts, swimming pools, and weight rooms; wholesale or retail operations oriented to the non:golfing
public; housing.
"
Grade" means the elevation of the ground surface. Grade is further defined as:
A. "Grade aver lue" for the ourr,oses of calculating height of a structure shall be the
ItLwA�oints �which �shall �be the highest finished grade abutting a structure and the lowest finished
g.r2de abutting the structure.
B. "Grade exrstin,Y" means the existi o, elevation of thE: around surfacli "orior to ra in -
removal of earth from the lot or narcel.
C. "Grade, finished" means the final elevation of the around surface followine all eradi
connoaction.m|acemen1offill. and/or the excavation orremoval ofearth from the lot oroaoei
D. For ourooses of hl-iaht determination in the Landscaoe Management CombininEa Zon" ", . -
shall be the average of natural around elevations 13rior to develooment forthewall closest to
I faci a the road river or stream.
E� For the iourposes of streets roads, P,,hts of wa or sl oe arade" shall mean the d:e ree o
iWOMMOB-aftal jr.16140MMUNTA....... 0410
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premises, not rented or otherwise used as a separate dwelling_llnit. A guesthouse shall contain no
kitchen-,4te4e4q���'
"Guest lodge" means an owner -occupied single-unit4aw4y-dwelling 4n#-Iocated on a lot or parcel of not
less than five acres where lodging and meals are provided for compensation and in which no more than
M =��,MWOIIIVTZIITWNIW=�
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purposes is not a habitable floor.
"Health and fitness facility" means a building or series of buildings within which recreational amenities
are included. Such facilities typically include, but are not limited to, any combination of the following
recreational amenities and uses: swimming pool, basketball court, racquetball court, weight room,
exercise room or tennis court, and instruction and counseling related to health and fitness.
"Height-o��4'
"High -value farmland" means land in a tract composed predominantly of the following soils when they
are irrigated: Agency loam (2A and 213), Agency sandy loam (1A), Agency -Madras complex (313), Buckbert
sandy loam (23A), Clinefalls sandy loam (26A), Clovkamp loamy sand (27A and 28A), Deschutes sandy
loam (31A, 31B and 32A), Desch utes-H ousta ke complex (3313), Deskamp loamy sand (36A and 3613),
Deskamp sandy loam (3713), Era sandy loam (4413 and 45A), Houstake sandy loam (65A, 66A and 67A), Iris
silt loam (68A), Lafollette sandy loam (71A and 7113), Madras loam (87A and 8713), Madras sandy loam
(86A and 8613), Plainview sandy loam (98A and 9813), Redmond sandy loam (104A), Tetherow sandy loam
�150A and 150B.i and Tumalo sando loam �152A and 1521311. In addition to the above described land_hiLj-h_-
value farmland includes tracts growing specified perennials as demonstrated by the most recent aerial
photography of the Agricultural Stablization and Conservation Service of the United States Department
of Agriculture taken prior to November 4, 1993. For purposes of this definition, "specified perennials"
means perennials grown for market or research purposes including, but not limited to, nursery stock,
berries, fruits, nuts, Christmas trees, or vineyards but not including seed crops, hay, pasture, or alfalfa.
"Highest shade producing point" means the highest shade producing point ofthe structure two hours
before and after the solar zenith onDecember 2l.
"Historic area or district" means lands with sites, structures, orobjects of local, regional, statewide, or
national historical significance as indicated in the Comprehensive Plan Resource Element.
"Historic site" means a location, structure or object having local, regional, statewide, or national historic
significance ayindicated inthe Comprehensive Plan Resource Element.
"Hog farm" means any premises where 25 or more hogs are maintained.
"Home occupation" means an occupation or profession carried on within a dwelling and/or a residential
accessory structure by a resident of the dwelling or employees, depending on type pursuant to DCC
18.116.280 and is secondary to the residential use of the dwelling and/or the residential accessory
structure
"Horse stables" means structures, including indoor and outdoor riding arenas, for the stabling or training
ofhorses and other facilities normally associated with such uses.
"Horse stables, commercial" means stables for the boarding and/or keeping of horses and the training of
horses that are not non-commercial riding stables as defined in DCCTit|e lQ.
"Horse stable, noncommercial" means a detached accessory structure for the stabling or training of
horses owned by the landowner or a single lessee of the stable facility for personal use. May also include
the incidental boarding or keeping of up to five horses owned by persons not the owner or lessee of the
horse stable for their personal use.
"Hotel/motel unit" means a single room, or suite of rooms, however owned, including but not limited to
the condominium form of ownership, within a multiple unit building that provides separately rentable
overnight sleeping accommodations on a temporary basis that are not available for residential use.
"Hydroelectric facility" means all aspects of any project or development necessary for or related to the
generation of hydroelectric energy, including, but not limited to, conduits, dams, diversions, fish ladders
and screens, generators, impoundments, penstocks, turbines, transmission facilities and related
buildings, structures, storage areas, access roads, parking areas, and surrounding and adjacent lands
which are necessary for orrelated iothe facility.
"Impoundment" means any man-made structure which is or may be used to impound water.
"Incidental Horse events" means any exhibition or competition done in conjunction with the stabling or
training of horses whose purpose is to test and/or advance the skills of a horse and/or its rider, such as
but not limited to exhibitions in connection with riding lessons or training conducted on the premises,
schooling events, horse training seminars or clinics, open houses, or cutting competitions. "Incidental
horse events" shall not include any show, exhibition orcompetition that iscommercial incharacter, that
requires entrance or admission fees that are more than nominal fees, or that is recognized, sanctioned
or endorsed by any governing body or organization for equine sporting events.
"Incidental
or structure.
"Industrial use" means the use of land primarily for the manufacture, processing, storage or wholesale
distribution of products, goods or materials. It does not include commercial uses.
"Inn" means a multiple unit building, with more than three and up to 20 guest rooms, where overnight
lodging and meals are provided for compensation. Meals include breakfast, lunch, and dinner served
"Intensive agricultural use" means any agricultural use where accepted farming practice may produce
noise, dust, chemical application, or other potential nuisance at any time during the year.
"Interest" includes a lot or parcel, a share, undivided interest, or membership which includes the right to
occupy the land overnight, and a lessee's interest in land for more than three years or less than three
years if the interest may be renewed under the terms of the lease for a total period of more than three
years. ^|ntereyt°does not include any interest inacondominium asthat term isdefined inORS 2OO.15Q&
{8]5 orany security interest under a land sales contract trust deed or mortgage. Interest does not
include division's deed or mortgage. "Interest" does not include divisions of land created by lien
foreclosures or foreclosures of recorded contracts for the sale of real property.
"Irrigated." As used in DCC 18.16, irrigated means watered by an artificial or controlled means, such as
sprinklers, furrows, ditches, orspreader dikes. An area or tract is "irrigated" if it is currently vvatered-;or
has established rights to use water for irrigation from awater orirrigation district orother provider. For
the purposes of identifying high -value farmland, an area ortract within a water or irrigation district that
vvasonceirri8atedsha||continuetobeconsidered"irrigaied"eveniftheirrigationvvatervvasremoved
ortransferred 10another tract.
"Junk yard" means primary oraccessory use ofalot or parcel ofland for the storage, diymandin8^or
selling of castoff or salvage material of any sort in other than the original form in which it was
manufactured or assembled, not including reconditioned secondhand furniture orfixtures sold from
within awalled building.
"Kennel" means a lot,_p2rcel, or building in which four or more dogs, cats, pot bellied pigs, or other
animals at least four months of age are kept commercially for board, breeding, training, orsale.
"Key facilities" means basic services usually furnished by local government but which also may be
provided by private enterprise, essential to the support of more intensive development. Includes public
schools, transportation, water supply, fire protection, sewage, and solid waste disposal.
"
"
Land disposal she",asused inID3C Title 18,iydefined inORS 4S9.
"Landing strip" means an area used for the landing and taking off of aircraft for the personal use of the
property owner or his guests, oraircraft employed in agricultural operations.
"Landing strip, personal use" see "Personal use landing strip" for airplanes and helicopter pad.
"Landscaping" means trees, grass, bushes, shrubs, flowers, ee+4-gendenareas, and incidental
arrangements of fountains, patios, decks, street furniture and ornamental concrete or stonework and
artificial plants, bushes, orflowers.
"Legislative" means a planning or zoning action resulting in a general rule or policy which is applicable to
anopen class ofindividuals orsituations.
"Livestock" means domestic animals of types customarily raised or kept on farms for profit or other
productive purposes. This definition does not include household dogs, cats and pot bellied pigs.
"Livestock feed lot" means an enclosure designed or used for the purpose of the concentrated feeding or
fattening oflivestock for commercia|_p�I���s�.
"Lock -off Area,"for purposes ofD[ZI8.lO8.O55,means apart ofone dwelling unit that has all ofthe
following characteristics; (a) a sleeping area that is separated by an interior, locking door that bars access
from the sleeping area to the remainder of the dwelling unit; and (b) the separated sleeping area has a
separate, external point of access; and (c) is used to provide overnight accommodations on a temporary
basis.
"Lodge" means structure orgroup ofrelated structures wherein transient eating and/or sleeping
accommodations are provided for a fee in connection with outdoor recreation activities.
"Lot"
inORS 92MD.
"Lot area" means the total horizontal area contained within the lot lines. Said area shall be corn ute as
et area for lots or arcels 2.5 acres and
A. "
and easement of access to other property that would accrue to that lot or parcel if the road
street, ri!ght of of :ated. The ross area of lots or r)arcels that have never
been joreviously described of record as other than fractions of a section shall be calculated as if
the section contained 640 acres in cases where a lot o d is sought to � ed.
Lot area. Pyross" means the total horizontal net area within lot lines including all streets roads
B.
Lot area net" shall be used for lots or parcels smaller than 2.5 acres and means the total
horizontal area contained within the lot lines that is free from roads streets, -'ahts of
easements of acCess to other nronertv.
C. As used in DCC Title 18 "lot size" shall be s non me s with "lot area".
A. "Lot Line Front"
j12OLtOqj_parceI may have more than one front lot line. In the case of a lot or parcel that does not
have street frontage a front lot line shall be any lot line throuch which driv s to the
means a lot line si:Eioarati a a lot o arcel from a street, road, or
B.
1& 116 180 that is 45 d or more from a north -south axis as determined a metes and
bounds descri tion established on a Countv Assessor's tax lot mao verified bv a surilay filarl AA ith
the Co i Sur or or established b an offici I lat recorded in the Co i I Clerk's Office. If
more than one north lot line exists for a oarcel or lot sola rotection shall be r uired for each
Lot Line north" means a lot line that re uires solar access lorotection. as Cnecified in DCC
line and the most restrictive solar setback must be met.
lonuest horizontal distance measur;::, De; Dendic, ii: � front lot line. In the case of an
irr aular or tria -ular-sh oed lot o oarcel the rear lot line is a line 10 feet in le oth within the
lot or joarcel, parallel to and at the maximum distance from a front lot line. An irregular lot or
cel with four or more sides is one in which a side lot line and the rear lot line form an interior
Lot Line Rear" means the lot line not abutting a street. road or right of hich is the
2Dgfle of at least IlLdegrees.
3. By deed or contract, dated and signed by the parties to the transaction, containing a
separate legal description of the lot or parcel, and recorded in Deschutes County if
recording of the instrument was required on the date of the conveyance. If such
instrument contains more than one legal description, only one lot of record shall be
recognized unless the legal descriptions describe lots subject to a recorded subdivision
or town plat;
4. By town plat filed with the Deschutes County Clerk and recorded in the Deschutes
County Record of Plats; or
5. Rythe subdividing orpartitioning of rsurrounding land, leaving a
remainder lot orparcel.
3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was
conveyed pursuant tosubsection (A)(3)above=Lo[
4. A parcel created bythe foreclosure of security interest.
"Lowest floor" means the lowest floor of the lowest enclosed area of a structure, including the
basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access, or storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the applicable
industrial hemp asdefined inOregon Revised Statutes 571.3OO.
"Marijuana items" means marijuana, cannabinoid products, cannabinoid concentrates, and cannabinoid
"Marijuana Processing" means the processing, compounding, or conversion of marijuana into
cannabinoid products, cannabinoid concentrates, or cannabinoid extracts, provided that the marijuana
processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health
drying of marijuana, provided that the marijuana producer is licensed by the Oregon Liquor Control
Commission, or registered with the Oregon Health Authority and a "person designated to produce
marijuana by a registry identification cardholder."
"Marijuana retailing" means the sale of marijuana items to a consumer, provided that the marijuana
retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or
registered with the Oregon Health Authority for medical marijuana sales.
"Marina" means a facility developed along a body of water which includes docks, boat slips or moorings,
and uses or improvements which are either necessary for its operation and maintenance, or provides
goods or services customarily provided to boaters. Such uses and improvements may include: parking
lots, maintenance buildings, boat storage, boat rental, restrooms, lockers and showers, food and
beverage service, and retail sales of goods and services related to boating activities. A marina does not
include boat sales, boat houses or facilities unrelated to boating, such as wholesale or retail businesses
oriented toward the nonboating public, stand alone restaurants, or other recreational amenities.
"Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
base flood elevations shown on the Flood Insurance Rate Map (FIRM) are referenced.
"Mineral" includes, but is not limited to soil, select fill, coal, clay, stone, sand, gravel, aggregate, pumice,
cinders, metallic ore, and any other inorganic solid excavated from a natural deposit in the earth for
commercial, industriaiorconstructional use.
"Medical Marijuana Dispensary" means any facility registered by the Oregon Health Authority under ORS
475.3OOto475.34Gthat dispense medical marijuana pursuant toORS 475.314.
"Mini -storage" means commercial development ofmultiple storage units for rental to the public.
"Minor partition" means a partition that does not include the creation of a road or street.
"Mitigation" means the minimizing or offsetting of impacts by the provision of on- or off -site
improvement or compensation which benefits impacted property owners, resources and the public
interest. Mitigation measures include, but are not limited to, the provision of additional fish and wildlife
habitat, conservation easements, on- and off -site screening and buffering, compensation for the
maintenance of existing off -site screening, fees in lieu of improvements and similar arrangements which
are agreed to in writing by the affected parties and which relate to and are necessitated by a surface
mining development oroperation.
"Mixed " for purposes ofDCClQ.1O8.OS5,isastructure orbuilding that
containsfes44eR#�dw/e||ing_yIn�it and/or resort hotel units that also contains commercial uses.
"Mobile
"Mobile
"
Multi -use path" means a path physically separated from motor vehicle traffic by an open space or
barrier and either within a highway right-of-way or within an independent right-of-way. The multi -use
path is used by bicyclists, pedestrians, joggers, skaters, and/orother non -motorized travelers.
"Municipal water supply system" means domestic water supply source and distribution system owned
and operated by a city, county, special district, or other public corporation which has independent tax -
levying powers to support the system and which supplies water to a total of 1,000 or more households.
"Natural area" means, as indicated in the Comprehensive Plan Resource Bement, land and water that
has substantially retained its natural character or land and water that, although altered in character is