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2025-153-Ordinance No. 2025-005 Recorded 5/29/2025REVIEWED I Recorded in Deschutes County (✓ Steve Dennison, County Clerk CJ2025-153 LEGAL COUNSEL Commissioners' Journal 05/29/2025 12:43:57 PM m� 2025-153 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Deschutes County Code Title 18, Zoning Ordinance Relating to Temporary * ORDINANCE NO. 2025-005 Hardship Dwellings. WHEREAS, the Deschutes County Community Development Department ("CDD") initiated amendments (Planning Division File No. 247-25-000078-TA) to the Deschutes County Code ("DCC") Chapter 18.16 — Exclusive Farin Use Zone, Chapter 18.32 — Multiple Use Agricultural Zone, Chapter 18.36 — Forest Use Zone; F-1, Chapter 18.40 — Forest Use Zone; F-2, Chapter 18.60 — Rural Residential Zone, RR-10, Chapter 18.65 — Rural Service Center, Chapter 18.66 — Terrebonne Rural Community Zoning Districts, Chapter 18.67 — Tumalo Rural Community Zoning Districts, Chapter 18.74 — Rural Commercial Zone, Chapter 18.108 — Unincorporated Community Zone; Sunriver, Chapter 18.110 — Resort Community Zone, Chapter 18.116 — Supplementary Provisions; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 13, 2025, and forwarded to the Deschutes County Board of County Commissioners ("Board") a 6-0 recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on April 23, 2025, and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDING. Chapter 18.16, Exclusive Farm Use Zone, 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 str-ike Section 2. AMENDING. Deschutes County Code Chapter 18.32 Multiple Use Agricultural Zone, 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 stFik�r. Section 3. AMENDING. Deschutes County Code Chapter 18.36, Forest Use Zone; F-1, 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 striker h. PAGE 1 OF 3 - ORDINANCE NO.2025-005 Section 4. AMENDING. Deschutes County Code Chapter 18.40, Forest Use Zone; F-2, 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 strik�gh. Section 5. AMENDING. Deschutes County Code Chapter 18.60, Rural Residential Zone, RR-10, 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 strllethfough. Section 6. AMENDING. Deschutes County Code Chapter 18.65, Rural Service Center, Unincorporated Community 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 stFikethreugh. Section 7. AMENDING. Deschutes County Code Chapter 18.66, Terrebonne Rural Community Zoning Districts, 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 strikethizeugh. Section 8. AMENDING. Deschutes County Code Chapter 18.67, Tumalo Rural Community Zoning Districts, 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 P*ri'��g h. Section 9. AMENDING. Deschutes County Code Chapter 18.74, Rural Commercial 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 str-ikethrough. Section 10. AMENDING. Deschutes County Code Chapter 18.108, Unincorporated Community Zone; Sunriver, is amended to read as described in Exhibit " 1", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in �i'-�g h. Section 11. AMENDING. Deschutes County Code Chapter 18.110, Resort Community 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 strikethmugh. Section 12. AMENDING. Deschutes County Code Chapter 18.116, Supplementary Provisions, 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 stri'��. Section 13. FINDINGS. The Board adopts as its findings Exhibit "M," attached and incorporated by reference herein. PAGE 2 OF 3 - ORDINANCE NO.2025-005 s �- Dated this / of 2025 ATTEST: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 4pe*�, A-01( -71-y- �� Recording Secretary PHILIP CHANG, Commissioner Date of I" Reading: _ day of ✓V L 2025. Date of 2"d Reading: day of '2025. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone _ Patti Adair Philip Chang e n i Effective date: day of 2025. PAGE 3 OF 3 - ORDINANCE NO.2025-005 Exhibit Ato Ordinance 2025-005 18.16.050 Standards -For Dweltings In The EFU Zones Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the dwelling is placed, signing and recording in the deed records for the County, a document binding the landowner, and the Landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. H. Temporary hardship dwelling. 1. Atemporary hardship dwelling listed in DCC 18.16.030 is allowed tinder the subject to DCC 18.116.090�and the —re -of this chapter. .� M:..ti■:,..:...:ia::.�:.�..----- .-..�,�■:,.■..:�+C,.�. Exhibit Ato Ordinance 2025-005 I UP 2. A temporary hardshir) dwetting approved under this section is not eligible for replacement under DCC 18.16.020J): HISTORY Adopted by Ord. PL-15 on 111111979 Repealed & reenacted by Ord. 91.70.20 91 on 512911991 Amended by Ord. 91-038 §§1 and 2 on 913011991 Amended by Ord. 92-065. §3 on 1112511992 Amended by Ord. 94.-0_26 §1 on 511111994 Amended byOrd. 95-..007§15 on 31111995 Amended by Ord. 98-030.§1 on 511311998 Amended by Ord. 98--_0.33 §1 on 121211998 Amended by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2004=0._13 §2 on 912112004 Amended by Ord. 2004-020 §1 on 1011312004 Amended by Ord. 2008-001-§2 on 5/6/2008 Amended by Ord. 200.9_-014 §1 on 612212009 Amended by Ord. 20.12-007§2 on 51212012 Amended by Ord. 2014--010 §1 on 412812014 Amended by Ord.2_018-006 §5 on 1112012018 Amended by Ord. 2021-013 §4 on 41512022 Amended by Ord 2025-002 §4 on 312812025 Amended by -Ord. 2025-005 §1 on 512I 2025 Exhibit Ato Ordinance 2025-005 Exhibit B to Ordinance 2025-005 m .; 18.32.010 Puraose 18.32.020 Uses Permitted_O_.utri ht 18.32.030 Conditional Uses Permitted 18.32.035 Destination Resorts 18.32.040 Dimensional Standards 18_32.050 Setbacks 18.32.060 Ordinar Hi h_Water Mark Setbacks 18.32.070 Rimrock Setback 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single -unit dwelling, or a manufactured dwelling 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. A historic accessory dwelling unit, subject to DCC 18.116.350. K. A residential accessory dwelling unit, subject to DCC 18.116.355. L. Residential Home. Exhibit B to Ordinance 2025-005 M. A recreational vehicle as a rental dwelling, subject to 18.116.095(D). N. Temporary Hardship Dwelling, subject to DCC 18.116.090. H 1 STO RY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 9.17002 §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 9/30/1991 Amended by Ord. 93-001 §1 on 112711993 Amended by Ord. 93-043 §4 on 8/25/1993 Amended by Ord. 94-008 §10 on 6/8/1994 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 11712025 Amended by Ord. 2025-002 §6 on 312812025 Amended by Ord. 2025-004 §2 on 51712025 Amended byOrd. 2025-005 §2 on 5/21/2025 Exhibit B to Ordinance 2025-005 Exhibit C to Ordinance 2025-005 18.36.010 Purpose 18.36.020 Uses Permitted Outright 18.36.030 Conditional Uses Permitted 18.36.040 Limitations On Conditional Uses 18.36.050 Standards For Sin_le-Unit.Dwetlin s 18.36.060 Siting Of Dwellings And Structures 18.36.070Fire Siting Standards For Dwellings And Structures 18.36.080 Fire Safetv Desi n Standards For Roads 18.36.085_Stocking__Requirement 18.36.090 Dimensional Standards 18.36.100 Setbacks 18.36_11.0 Ordinary High Water Mark Setbacks 18.36.120 State Law Controls 18.36.130 Rimrock Setbacks 18.36.140 Restrictive Covenants 18.36.030 Conditional Uses Permitted The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18. X. An existing building, or a d dwelling in conjunetion with an existing dwelling a temporary use for the term of a hardship suffered by the existing resident or a reiative as defined in ORS 215.283. For the purposes of this section, "existing" Meams the btlRding was in existence on or before Plareh 29, 2017—. Temporary hardship dwelling-jft:e-a�* ;. > 1. A temporary hardshir_dwellina is conditionally allowed subject to the-isrovisia i"DCC-_1.8.1.16.09_0, ass DCC 18.36.040 and 18.36.060 of this chapter. Arsttsed a n this seetion, "hardship" means a medieei hardship or hardship for the care of an w - - 7mim7 -- ----- 4•�:�:is�lli!:i:?:i!1�i4?GG.i.G?l�i�iii9iii�'G'::3C?a>isa•:��i�i��3�ii�i4��a•��»°l�.�i �lf�l\�i��ll�l.►:l �t•:l J�l:ll.l:l�l A temporary hardship dwettingresidenee approved under this subsection is not eligible for replacement under OAR 660-006-025. H 1 STO RY Adopted by Ord. PL-15 on 111111979 Amended by Ord. 86 018 §8 on 6/30/1986 Amended by Ord. 90-014 §28 on 711211990 Amended by Ord. 92-025 §2 on 4/15/1991 Amended by Ord. 91-038 §1 on 913011991 Amended by Ord. 92-068 §1 on 121711992 Amended by Ord. 947_038 §1 on 101511994 Amended by Ord. 2000-033 §1 on 121612000 Amended by Ord. 2004-020 §6 on 1011312004 Amended by Ord. 2007_020 §4 on 2/6/2008 Amended by Ord. 2012-007§4 on 51212012 Amended by Ord. 2018-006 §7 on 1112012018 Amended by Ord. 2020-007 §11 on 10/2712020 Amended by Ord 2025-002 §7 on 312812025 Amended by Ord. 2025-005 §3 on 512112025 Exhibit C to Ordinance 2025-005 Exhibit D to Ordinance 2025-005 CHAPTER 18.40 F®REST USE ZONE* F-2 1.8.40.010 Purpose 18_.40.020 Uses Permitted Outright 18.40.030 Conditional Uses Permitted 18.40.040 Limitations -On Conditional Uses 18.40.050 Standards For Sin .te-Unit Dwellings 18.40060 Sitin OfDWeltln s And Structures. 18.40.070..Fire Siting Standards For Dwellin s A_nd Structures. 18.40.08-OR re Safes Desi n Standards For Roads 18.40.085 Stocking_Reauirement 18.40.090 Dimensional Standards 18.40.1Oa-Setbacks 18.40.110 Ordinary.High Water Mark Setbacks 18.40.120 State_Law Controls 1.8.40.130 Rimrock Setback 18.40.030 Conditional Uses Permitted The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18: existing btfliding, or a mandfactured dwelling On eonjtinetion with an existing dwelling ternporary use for the term of a hardship stiffered by the existing resident or a reiative as defined in eRS 215.283. For the purposes of this section, "existing" means the buRding was ii existence on or before March 29, 2E) Tem-poraryHardship- Dwelling A temporary hardship dwellin is conditionally allowed subject to the provisions in 18.116.090, �( -DCC 18.40.040, and 18.40.060.of this chapter. As used in this seeteon, "hardship" means a rnedicai hardship or hardship for the eare of an age I���ii�ai��ic.rt�:l�si..:�►ti:is�:��i►��:i��riw�:f�r�:f�r"�.i� ���tr����r��a:��.�.::.��-� r A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025. HISTORY Adopted by Ord. PL-15 on 111111979 Amended by Ord. 86-018, §8 on 6/30/1986 Amended by Ord. 90-014 §28 on 711211990 Amended by Ord. 92-025 §2 on 411511991 Amended by Ord. 91-038 §1 on 913011991 Amended by Ord. 92-068 §1 on 12/7/1992 Amended by Ord. 94-038 §1 on 101511994 Amended by Ord. 2000-033 §1 on 121612000 Amended by Ord. 2004-020 §6 on 1011312004 Amended by Ord. 2007-020 §4 on 21612008 Amended by Ord. 2012-007§4 on 51212012 Amended by Ord. 20.18-006 §7 on 1112012018 Amended by Ord. 2020-007§11 on 1012712020 Amended by Ord. 2025-002 §8 on 3/28/2025 Amended by Ord. 2025-005 §4 on 512112025 Exhibit D to Ordinance 2025-005 Exhibit E to Ordinance 2025-005 18.60.010 Purposes 1.8.60.020 Uses Permitted Outright 18.60.030 Conditional Uses Permitted 18.60.035 Destination Resorts 18_60.040 Setback Requirements 18.60.050 Ordinary High Water Mark Setback 18.60.060 Dimensional Standards 18.60.070 Limitations On Conditional Uses 18.60.080 Rimrock Setback 18_.60.090 Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone 18.60.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright. A. A single -unit dwelling, or a manufactured dwelling 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. Exhibit E to Ordinance 2025-005 K. A historic home accessory dwelling unit, subject to DCC 18.116.350. L. A residential accessory dwelling unit, subject to DCC 18.116.355. M. Residential Home. N. A recreational vehicle as rental dwelling, subject to 18.116.095(D). O. Temporary Hardship Dwelling, subject to DCC 18.116.090. 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 6/8/1994 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 9/3/2019 Recorded by Ord. 2019-009 §2 on 9/3/2019 Adopted by Ord. 2023-014 §2 on 121112023 Amended by Ord. 202_4=008 §I on 11712025 Amended by Ord. 2025-002 §12 on 3/28/2025 Amended by Ord. 2025-004 §3 on 51712025 Amended by Ord..2025-005 §5 on 512112025 Exhibit E to Ordinance 2025-005 Exhibit F to Ordinance 2025-005 14M:: i F s i "• 1 •_ .;� 18.65.010 Purpose 18.65.020 RSC: Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And Wildhunt 18.65.021_Alfalfa RSC; Commercial/Mixed Use District 1.8.65.022 Alfalfa RSC; Residential District 18.65.023 RSC _ODe_n Space District 18.65.030 Standards For All Districts 18.65.020_RSC• Commercial/Mixed Use District (Brothers. Hampton, Millican Whi.stlestop And Wild hunt A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable provisions of this chapter: 1. A single -unit dwelling or a manufactured dwelling, subject to DCC 18.116.070. 2. Type 1 Home Occupation, subject to DCC 18.116.280. 3. Residential home. 4. A duplex. 5. Agricultural uses, as defined in DCC Title 18, and excluding livestock feed tot or sales yard, and hog or mink farms. 6. 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. 7. Class III road and street project. 8. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 9. Temporary HardshoDwellin subject to DCC 18.116.090. 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. 2020-00_1 §6 on 412112020 Amended by Ord. 2022-014 §2 on 414/202 3 Amended by Ord. 2024-008 §8 on 1171202.5 Amended by Ord. 2025-002 §14 on 312812025 Amended by Ord. 2025=005 §6 on 512112025 18.6.5.021_Alfalfa RSC; Commercial/Mixed Use District In Alfalfa, the following uses and their accessory uses are permitted: A. Uses Permitted Outright. 1. A single -unit dwelling or a manufactured dwelling, subject to DCC 18.116.070. 2. Type 1 Home Occupation, subject to DCC 18.116.280. 3. Residential home. 4. Residential facility. 5. A duplex. 6. Agricultural uses, as defined in DCC Title 18, and excluding livestock feed lot or sates 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. 10. Temporary Hardship Dwetting, subject to DCC 18.11.6.090. HISTORY Adopted by Ord. 2002-002 §2 on 6/5/2002 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 11712025 Amended by Ord. 2025_0_02. §14 on 312812025 Amended by_Ord. 2025-005.§6 on 512112025 1865022 Alfalfa .RSC9 Residential District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to the applicable provisions of this chapter: Exhibit F to Ordinance 2025-005 1. Agricultural uses, as defined in DCC 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. A single -unit dwelling, or a manufactured dwelling subject to DCC 18.116.070. 3. A 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. 8. Residential home. 9. Temporary Hardship Dwelling..subject to DCC 18.116.090. HISTORY Adopted by Ord. 2002_-002 §2 on 6/5/2002 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 11712025 Amended by Ord. 2025-002 §14 on 3/28/2025 Amended by Ord. 2025-005 §6 on 512112025 Exhibit F to Ordinance 2025-005 Exhibit G to Ordinance 2025-005 18.66.010 Purpose 18.66.020 Residential T( eR) District 18.66.030 Residential-5 Acre Minimum (TeR5) District 18.66.040 Commercial TeC) District 18.66.050_Commercial-Rural jTeCR District 18.66.060 Standards For All Districts 18.66.070Right-Of-Way Revelment Standards 18.66.O2O Residential (TeR District The Terrebonne Residential District allows a mixture of dwelling 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 under DCC 18.124: 1. A single-family dwelling or a manufactured dwelling subject to DCC 18.116.070. 2. A duplex. 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 overthe age of six months is limited to the tot area 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 tot area. 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. 8. Residential home. 9. Temporary Hardship Dwellin subject to 18.116.090 Adopted by Ord. 97-003 §2 on 6/4/1997 Amended by Ord. 97-063 §3 on 1111211997 Amended by Ord. 2004-002 §13 on 4/28/2004 Amended by Ord. 2020-001 §7 on 412112020 Amended by Ord. 2020-01_0 §3 on 71312020 Amended by Ord. 2024-008 §9 on 11712025 Amended by Ord. 2025-002 §15 on 312812025 Amended by Ord. 2025-005 §7 on 512112025 18.66.03_0_Residentiat-5_Acre Minimum (TeR District The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural residential lots or parcels 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 under DCC 18.124: 1. A single -unit dwelling or a manufactured dwelling subject to DCC 18.116.070. 2. A duplex. 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 lot area 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 lot area 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. 8. Residential home. 9. Temporary Hardship Dwelling, subject to DCC 18.116.090._ Exhibit G to Ordinance 2025-005 HISTORY Adopted by Ord. 97-003 §2 on 614111997 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 11712025 Amended by Ord. 2025-002 §15 on 312812025 Amended by Ord. 2025-005 §7 on 512112025 18.66.040 Commercial (TeM 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 under DCC 18.124: 1. A single -unit dwelling or a duplex on a lot or parcel existing on June 4, 1997. 2. A manufactured dwelling on a tot 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. 7. Residential home on a lot or parcel existing on June 4, 1997. 8. Tempo- ry Hardship Dwelling, subject to DCC 18.116.090. HISTORY Adopted by Ord. 97-003 §2 on 6/4/1997 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 Exhibit G to Ordinance 2025-005 Amended by Ord. 2022-014 §3 on 4141202.3 Amended by Ord. 2024-008 §9 on 11712025 Amended by Ord. 2025-002 §15 on 312812025 Amended by Ord. 2025-005 §I on 512112025 18.66.050 Comrne_rcial-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 under DCC 18.124: 1. A single -unit dwelling on a lot or parcel existing on June 4, 1997. 2. A manufactured dwelling 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. 7. Residential home on a lot or parcel existing on June 4, 1997. 8. Temporary Hardship Dwelling, subject to DCC.18.116.090. Adopted by Ord. 97-003 §2 on 6/4/1997 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 11712025 Amended byOrd.2025-002 §15 on 312812025 Amended by -Ord. 2025-005 §I on 512112025 Exhibit G to Ordinance 2025-005 Exhibit H to Ordinance 2025-005 18.67.010 Purpose 18.67.020 Residential (TuR) District 18 67..030 Residential-5 Acre Minimum _._,(TuR5)_District 18.67.040 Commercial _(TuC)_District 18.67.050 Research And Develooment (TuRE) District 18.67.060 Industrial Jul) District 18.67.070 Flood Plain (TuFP) District. 18.67.080 Standards For All Districts 18.67.090_Right=0_f-Way Development Standards 1857.020 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 under DCC 18.124. 1. A single -unit dwelling, or a manufactured dwelling subject to DCC 18.116.070. 2. A duplex. 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 the Lot area 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 lot area 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. 8. Residential home. 9. Temporary HardshiD.Dwe.lting, subject to DCC__18.1.16.090. HISTORY Adopted by Ord. 97-033 §2 on 6/25/1997 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 11712025 Amended by Ord. 2025-002 §16 on 3/28/2025 Amended_ v Ord. 2025-005 §8 on 512112025 18.67.030_Re_sidential-5 Acre _Minimum (Tu"5_District The purpose of the Tumato Residential-5 Acre Minimum District is to retain large rural residential lots or parcels. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review under DCC 18.124. 1. A single -unit dwelling or a manufactured dwelling 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 lot area 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 lot area. 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. 7. Residential home. 8. Temporary Hardship Dwellin subject to DCC 18.11.6.090. Exhibit H to Ordinance 2025-005 HISTORY Adopted by Ord. 97-033 §2 o ? 6/25/1997 Amended by Ord. 977063 §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 §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 11712025 Amended by Ord. 2025-002 §16 on 312812025 Amended by Ord. 2025-005 §8 on 512112025 18.67.040 Commercial (TuC) ®is_.trict 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 under DCC 18.124. 1. A single -unit dwelling or duplex. 2. A manufactured dwelling 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. 7. Residential home. 8. Temporary Hardship Dwelling, subject to DCC_18.116.090. 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. 2015-0.04 §5 on 412212015 Exhibit H to Ordinance 2025-005 Amended by Ord. 2016-015 §6 on 71?12016 Amended by Ord. 2020700.1 §8 on 41211 020 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 11712025 Amended by Ord. 2025-002 §16 on 312812025 Amended by Ord. 2025-005 98 on 512112025 Exhibit H to Ordinance 2025-005 Exhibit I to Ordinance 2025-005 18,74.010 Purpose 18.74.020 Uses Permitted Desch ute_s_Junction And Deschutes_._ River Woods Store 18.74.025 Uses Permitted: Spring River 18._74.027 Uses Permitted —Pine Forest And Rosland 18.74.030 Development -Standards 18.74.050 Maps. 18.74..020 Uses Permitted; -Deschutes Junction And Deschutes Riverwoods Store A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and do not require site plan review under DCC 18.124: 1. A single -unit dwelling. 2. A manufactured home subject to DCC 18. 1 16. 070. 3. A duplex 4. Type 1 Home Occupation, subject to DCC 18.1 16. 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. 9. Residential home. 10. Temporary Hardship Dwelling, subject to DCC 18.116.090. HISTORY Adopted by Ord. 2002-019 §2 on 81712002 Amended by Ord. 2004-002 §20 on 412812004 Amended by Ord. 2008-008 §1 on 311812008 Amended by Ord. 20.15-004 §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 95 on 41-4 2023 Amended by Ord. 2024-008. §11 on 11712025 Amended by Ord. 2025-002 §17 on 3/.28/2025 Amended by Ord. 2025-005 § 9 on 512112025 Exhibit I to Ordinance 2025-005 Exhibit J tc Ordinance 2025-005 CHAPTER 18.108 URBAN_ UNINCORPORATED COMMUNITY ZONE; SUNRIVER 18.108.010 Purpose 18.108.020 Standards For All Districts 18.108.030 Single Unit Residential: RS_District 18.108.040 Multiple Unit Residential: RM District 18.108.050 Commercial; C District 18.108.055 Town Center; TC District 18.108.060 Resort; R District 18.108.070 Resort Marina; RA District 18.108.080 Resort Golf Course: RG District 18.108.090 Resort Eauestrian; RE District 18.108.100 Resort Nature Center; RN District 18.108.110 Business Park; BP District 18.108.120 Community General; CG District 18.108.130 Community Recreation; CR District 18.108.140 Co_m..munitvLimited: CL District 18.108.150 Community Neighborhood: CN District 18.108.160 Airport; A District 18.108.170 Utility; U District 18.108.175 Utility: U District/Limited Use Combining District 18.108.180 Forest: F District 18.108.190 Flood Plain: FP Combining District 18.108.030 Single Unit_ Residential; RS District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Single -unit dwelling. 2. Recreational path. 3. Residential home. 4. Temporary Hardship Dwelling, subject to DCC 18.1.16.090. HISTORY Repealed & Reenacted by Ord. 97-078 §2 on 1213111997 Amended by Ord. 98=035 §2 on 6/10/1998 Amended by Ord. 2004-013 §11 on 912112004 Amended by Ord. 2020-001 §12 on 412112020 Amended by Ord. 2024-008 §13 on 11712025 Amended by Ord. 2025-002 §26 on 31"2812025 Amended by Ord. 2025-005 §10 on 5/21/2025 18.108.110 Business Park; BP District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to the applicable provisions of DCC 18.116 and DCC 18.124: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. S. Post office. 6. Religious institutions or assemblies. 7. Child care facilities, nurseries, and/or preschools. 8. A building or buildings each not exceeding 8,000 square feet of floor area including any combination of: Retail/rental store, office and service establishment, including but not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc. e. Construction equipment sales, rental, and/or service. f. Exterminator services. g. Golf cart sales and service. h. Lumberyard, home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. L. Restaurant, bar and cocktail lounge including entertainment. Exhibit J to Ordinance 2025-005 m. Marijuana wholesaling„ office only. "i here shall use no storage of marijuana items or products at the same location. 9. A building or buildings each not exceeding 20,000 square feet of floor area including any combination of: a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, Leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production of fish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. 10. Employee housing structures. 11. Temporary Hardship Dwelling, subject to DCC 18.116.090. HISTORY Repealed & Reenacted by Ord. 97-078 §2 on 1213111997 Amended by Ord. 2012-002 §1 on 212712012 Amended by Ord. 2015-004 §9 on 412212015 Amended by Ord. 2016-01.5 §9 on 71112016 Amended by Ord. 201.9=008 §1 on 31612019 Amended by Ord. 2®20-004 §1 on 211912020 Amended by Ord. 2020-001 §12 on 412112020 Amended by Ord. 2021-004 §6 on 512712021 Amended by Ord. 2021-013 §12 on 41512022 Amended by Ord. 2025-002 §26 on 312812025 Amended by Ord. 2025-005 §10 on_512112025 Exhibit J to Ordinance 2025-005 Exhibit K to Ordinance 2025-005 18.110.010_PurDose 18.110.020 Seventh Mou. ntain/Widgi Creek And Black Butte Ranch Resort Districts 18.110.030 Widgi Creek Residential District 18.110.040 Black Butte Ranch Surface Mining/Limited Use Combining District 18.110.050 Black Butte Ranch-Utility/Limited Use Combining District 18110060 Development Standards 18.110.020 Seventh Mountain/Wid •i Creek And 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. A single -unit dwelling. 2. Residential home. 3. Timeshare units existing as of January 1, 1984 at Black Butte Ranch. 4. Timeshare units at the Inn of the Seventh Mountain. 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. 6. Livestock and horse grazing on common area in Black Butte Ranch, 7. Police or security facility. 8. Temporary Hardship Dwelling subject to DCC 18.116.090. 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 11712025 Amended by Ord. 2025-002 §27 on 312812025 Amended by Ord. 2025-005 §11 on 512112025 10.110030_Widgi Creek Residential District The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.110.060: A. A single -unit dwelling. B. Residential home. C. Residential facility. D. Timeshare units. E. Temporary Hardship Dwelling, subject to DCC 18.116.090. HISTORY Adopted by Ord. 2001-048 §2 on 1211012001 Amended by Ord. 2025-002 §27on 312812025 Amended by Ord. 2025-005 §11 on 512112025 Exhibit K to Ordinance 2025-005 xhibit L to Ordinance 2025-005 18.116.090 _welling _AaATempDraryHardship Dwelling A. As used in this section, "hardship" means a medical hardship or hardship for the care of an aged. or infirmed person or persons experienced by the existing resident or relative B. As used in this section, "relative" means a grandparent, step -grandparent, grandchild, step- grandchild, parent, step-parent, child, step -child, brother, sister, sibling, step -sibling, either blood or legal relationship, niece, nephew, uncle, aunt, or first cousin. C. , A temporary use permit for the term of the hardship for one of the followin hardship dwelling types- may be granted on a tot or parcel in_addition teconjunction with an existing primary dwelling unit: 1. One manufactured dwelling of any class; 2. -of-aQne recreational vehicle subject to the criteria under subsection (F - or 3. afta iat or parcel in addition t he temporary residential use of an existing building subject to the following_ a. -.An existing dweRi rr building is one that was constructed at least two vears prior to the date of application for the subject temporary residential use permit -For the purposes of this section ."constructed" means the Building Division approved the final infection at least two years_prior to the date of application for the subject temporary use permit.Anv modifications to the existing building for the hardship dwelling must be contained within the. existing -building -floor area.. �b.This type of hardship-4 welling is not permitted_on properties within the Multiple Use A ricultura[-(MUA-10J or Rural Residential RR-1%zones.n-ray be granted when a medical condition --- Ists. in the Exclusive Farm Use and Forest zones onir, an existing building may be used as a ternporary dwelling. For the purposes of this section, "existing" means the building vv i A-.D. The hardship dwelling must use the same onsite septic disposal system used by the existing primary dwelling unit, provided that the existin nsite septic system -is adequate —to - accommodate the hardship dwelling ,lf the hardship dwelling wilt be connected to a community sewer system this requirement does not apply. eonditoon must be either one of the property owners or a reiative of one of the property owners. E. Prior to initiating the use�the property owner must obtain all_necessarv_-pe_r_mits_fromthe Deschutes County Building aOsite Wastewater Divisions. For the purposes of this F. A recreation vehicle hardship dwelling must comply withal[ of the following requirements: 1. The recreational vehicle must have a sink and toilet: 2. The recreational vehicle must comply with all setbacks of the underlying zone (s)- 3._._ The recreationat vehicle must be fully licensed; 4. The recreational vehicle must be ready for highway use, on its wheels or jacking system, and must be attached to the site only by quick disconnect type utilities and security devices; 5. A recreational vehicle hardship dwelling located in a special flood hazard area must comply with DCC 18.96; and 6. Permanent attached additions are prohibited. G. One temporary use permit for a hardship dwelling is permitted provided there is no guest house recreational vehicle as a rental dwelling, or accessory dwelling unit on the subject lot or parcel. A recreational vehicle permitted under DCC 18.116.095(C) is allowed in addition to a hardship dwelling. &H..._The hardship shall be verified by a state -licensed __ medical practitioner's written statement. Dd. The temporary use permit shall be reviewed anntiaRy-every two years. to ensure orgoin fer compliance with the terms of DCC 18.116.090. J. Within three months of the end of the hardship, one of the fo-Ilowina must occur: 1_The manufactured dwelling shalt be removed, _demolished._or converted to an allowed use in the underlying zone(s): 2 oHThe recreational vehicle shall be vacated; and disconnected from any electric, water or septic sewer facility connection 4-3. for whieh a perrmit has been issued siat iater tham 90 days foRavving the date the medieal eendition requiring the temporary tise permit eeases to exist. in tile Exettisave Farm Use and Forest -_m__ t"eFor an- existing building used -as a hardship dwellings, the building_must-vM be converted to a permitted rterrP res4dentiai use in the undert zone(s).within 90 days following the date the Exhibit L to Ordinance 2025-005 ... ........�...�....... ------ - -- - - - --- - - - - - -- HISTORY Adopted by Ord. PL-15 on 111111979 Amended by Ord. 89-004 §5 on 3/24/1989 Amended by Ord. 91-005 §45 on 3/4/1991 Amended by Ord. 2008-022 §2 on 1111012008 Amended by Ord. 2012-007§5 on 51212012 Amended by Ord. 20.17-001 §1 on 212712017 Amended by Ord. 2023-001 §16 on 513012023 Amended by Ord 2025-002 §30 on 312812025 Amended by Ord. 2025-004 §2 on 51712025 Amended by Ord. 2025-005 §12 on 512112025 Exhibit L to Ordinance 2025-005 Exhibit M to Ordinance 2025-005 FINDINGS HARDSHIP DWELLING TEXT AMENDMENTS I. APPLICABLE CRITERIA: Title 22, Deschutes County Development Procedures Ordinance II. BACKGROUND: This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The primary purpose of the amendment is to conform local requirements to state law and provide consistency for the review of hardship dwellings across multiple county zones. Notable changes include: • Reorganized content for readability; • Amended outdated references; • Clarified hardship dwelling can be used for the "aged" as well as the "infirmed"; • Clarified "existing building" use and definition for the purpose of the section; • Clarified hardship dwelling can be the only second dwelling on the property; • Amended renewal requirement from every one year to two years; • Listed the use in all permissible Title 18 zones for readability. Since 1979, Deschutes County has allowed property owners to obtain a temporary use permit for a secondary dwelling on a property, with the intent the dwelling would be used for the care of a property owner or relative of the property owner with a medical condition. This would allow for the person with the medical condition to maintain independence and continue to live on a rural property while also receiving necessary medical attention. The current requirements for hardship dwellings were drafted in 2008. Since that time, the state has undergone rulemaking in farm and forest (resource) zones, providing more detailed guidance on the eligibility and requirements for establishing the use. OAR 660-004-0040(8)(f) provides limited guidance on hardship dwellings in rural residential exception areas, only noting that the dwelling type for such use is limited to Recreational Vehicle (RV)s and manufactured dwellings. To staff's understanding there is no other state guidance for regulation of temporary hardship dwellings in zones that allow for a single -unit dwelling as a permitted use and are outside of farm, forest, and rural residential exception areas. 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 t� (541) 388-6575 (@Jgdeschutes.org ww§deschutes.org/cd The purpose of this proposal is to amend the code for greater consistency with state rules and statutes and to establish a consistent review process for hardship dwelling applications across all County zones in which the use is permitted. III. STATE REQUIREMENTS AND LOCAL INTERPRETATIONS As noted above, the state of Oregon regulates hardship dwellings in both Oregon Administrative Rule (OAR) and in Oregon Revised Statute (ORS). These regulations only apply to hardship dwellings in resource zones - the Exclusive Farm Use Zone (DCC 18.16) and Forest Zones (18.32 and 18.40). ORS 215.283(2)(L) - Uses Permitted in Exclusive Farm Use Zones and ORS 215.755(2) - Other Forestland Dwellings require: • The use is subject to ORS 215.296 (Farms Impacts Test) for the EFU zone. • One manufactured dwelling, recreational vehicle, or temporary residential use of an existing building, in conjunction with the existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. • Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or in the case of the existing building, the building shall be removed or returned to an allowed nonresidential use. • The governing body or designee shall provide for periodic review of the hardship claimed under this paragraph. • A temporary residence is not eligible for replacement under subsection (1)(p) of this section. OAR 660-006-0025(4)(t) - Forest Lands - Uses Authorized in Forest Zones and OAR 660-033-01300 0) -Agricultural Lands - Minimum Standards for Permitted and Conditional Uses require• • As used in this section, "hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons experienced by the existing resident or relative as defined in ORS chapter 215. o ORS 215 definition for relative: a relative is defined as a grandparent, step grandparent, grandchild, parent, step-parent, child, step -child, brother, sister, sibling, step -sibling, either blood or legal relationship, niece, nephew, uncle, aunt or first cousin. • The temporary residence may include a manufactured dwelling, or recreational vehicle, or the temporary residential use of an existing building. • A manufactured dwelling shall use the some subsurface sewage disposal system used by the existing dwelling, if that disposal system is adequate to accommodate the additional dwelling. If the manufactured home will use a public sanitary sewer system, such condition will not be required. • Governing bodies shall review the permit authorizing such manufactured homes every two years. • Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. • Department of Environmental Quality review and removal requirements also apply. 247-25-000078-TA Findings Page 2 of 8 The state provides ;imited guidance on regulations pertaining to hardship dwellings on non - resource lands. The requirement below, which was presented to the Planning Commission during the deliberation process, applies to rural residential exception areas (MUA-10 and RR-10 zones) but does not provide guidance for the use in other nonresource zones, such as in unincorporated communities. OAR 660-004-0040(8)(f) - Application of Goal 14 to Rural Residential Areas requires: Except as provided in subsection (e) of this section or section (10) of this rule, a local government shall not allow more than one permanent single-family dwelling to be placed on a lot or parcel in a rural residential area. Where a medical hardship creates a need for a second household to reside temporarily on a lot or parcel where one dwelling already exists, a local government may authorize the temporary placement of a manufactured dwelling or recreational vehicle. In approaching the amendments, staff has integrated state requirements where possible, for all zones in Title 18 in which a hardship dwelling is permitted, to ensure a consistent and clear process for property owners and county staff. Deschutes County can provide local interpretation of requirements that are not expressly addressed in OAR or ORS. In coordination with the County's Building, Code Enforcement, Coordinated Services, and Onsite Wastewater Divisions, staff identified several policy choices for consideration. Use of Existing Building as a Temporary Hardship Dwelling Property owners can currently utilize an RV or manufactured dwelling for a temporary hardship dwelling in all zones. In farm and forest zones, existing buildings (sheds, accessory structures, barns) are also permitted to be converted for use as a temporary hardship dwelling, per the OAR and ORS. The proposed text amendment package proposes to allow the use of existing buildings in the following zones, which currently allow for single -unit dwellings: • 18.65.020, 021, 022: Rural Service Center Unincorporated Community Zones • 18.66.020, 030, 040, 050: Terrebonne Rural Community Zones • 18.67.020, 030, 040: Tumalo Rural Community Zones • 18.74.020: Rural Commercial Zone • 18.108.030, 110: Sunriver Unincorporated Community Zones • 18.110.020, 030: Resort Community Zones During Planning Commission deliberations, staff discovered the restriction in OAR 660-004-040 noted above and amended the original proposal to exclude the use of existing buildings as hardship dwellings in the RR-10 and MUA-10 zones. To staff's understanding, there are no state restrictions on the zones listed above. Existing Building Definition State regulations do not define "existing buildings" for temporary hardship dwellings. Currently, the code definition is a building "in existence on or before March 29, 2017". To provide additional flexibility, while still seeking to avoid a scenario in which a new building is constructed for temporary 247-25-000078-TA Findings Page 3 of 8 use, the proposed text amen6rrients alter the definition to be a rolling; eligibility date of two years from the date of final inspection of a build;!m, to the submittal date of the temporary use permit for 01 a hardship dwelling. If the application is s:,bmitted prior to the two-year date, it does not constitute an "existing building." Modification of Existing Buildings The proposed text amendments would add a restriction on the modification of existing buildings to be used as temporary hardship dwellings. The intent of the requirement is to limit modifications to minor improvements in the existing building floor area (such as the installation of kitchen facilities) to ensure the use can be converted back to a nonresidential use if the temporary hardship dwelling is no longer needed. The limitation is drafted as follows: "Any modifications to the existing building for the hardship dwelling must be contained within the existing building floor area." RV Component Requirements Code Enforcement has processed several cases involving non -operational RVs that are unfit for habitation. The text amendments preserve existing requirements related to the necessary components and siting of an RV and also clarify that an RV must have a sink and a toilet. Although more restrictive than state law, CDD staff are supportive of carrying forward these requirements to ensure RVs are safe for occupants when used as a temporary hardship dwelling. The proposed text amendments include the following component language: A recreational vehicle hardship dwelling must comply with all of the following requirements: 1. The recreational vehicle must have a sink and toilet; 2. The recreational vehicle must comply with all setbacks of the underlying zone(s); 3. The recreational vehicle must be fe,,lly licensed; 4. The recreational vehicle must be ready for highway use, on its wheels or jacking system, and must be attached to the site only by quick disconnect type utilities and security devices; 5. A recreational vehicle hardship dwelling located in a special flood hazard area must comply with DCC 18.96, 6. Permanently attached additions are prohibited. The Planning Commission supported the proposed text amendment package in its entirety, with the minor amendment to exclude the use of existing buildings as a hardship dwelling type in the MUM 0 and RR-10 zones. Staff requests the Board evaluate these policy options during the hearing process. IV. BASIC FINDINGS: The Planning Division determined minor changes were necessary to clarify existing standards and 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 February 6, 2025 (File no. 247-24-000078-TA). As demonstrated in the findings below, the amendments remain consistent with the Deschutes County Code, the Deschutes County Comprehensive Plan, and the Statewide Planning Goals. 247-25-000078-TA Findings Page 4 of 8 V. 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 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 March 13, 2025, and a public hearing was held before the Board of County Commissioners (Board) on April 23, 2025. 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 will be met as notice will be published in The Bulletin newspaper at least 10 days prior to each 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. 247-25-000078-TA Findings Page 5 of 8 FINDING: Notice was provided to the County public information official for wider media distribution. i his criterion has been rnet. 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. 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 March 13, 2025. The Board held a public hearing on April 23, 2025. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-25-000078-TA will be implemented by ordinances upon approval and adoption by the Board. OAR 660-015, STATEWIDE PLANNING GOALS AND GUIDELINES Goal 1: Citizen Involvement: FINDING: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments was provided to the Bulletin for the Board public hearing. Goal 2: Land Use Planning: FINDING: The purpose of the amendment is to integrate requirements from Oregon Administrative Rule and Oregon Revised Statutes. The proposal has a factual base and is consistent with the intent of the Comprehensive Plan and zoning districts. This goal is met. Goal 3: Agricultural Lands: 247-25-000078-TA Findings Page 6 of 8 FINDING: The proposed amendments integrate requirements from Oregon Administrative Rule and Oregon Revised Statute for hardship dwellings on agricultural lands. Additionally, the rules provide more express guidance for hardship dwellings on non-agricultural lands to avoid conflicts to farm operations on neighboring properties. This goal is met. Goal 4: Forest Lands: FINDING: The proposed amendments integrate requirements from Oregon Administrative Rule and Oregon Revised Statute for hardship dwellings on forest lands. Additionally, the rules provide more express guidance for hardship dwellings on non -forest lands to avoid conflicts to forest operations on neighboring properties. This goal is met. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 5. This goal does not apply. Goal 6: Air, Water and Land Resources Quality: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 6. This goal does not apply. Goal 7: Areas Subject to Natural Disasters and Hazards: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 7. This goal does not apply. Goal 8: Recreational Needs: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 8. This goal does not apply. Goal 9: Economic Development: FINDING The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 9. This goal does not apply. Goal 10: Housing: FINDING: The proposed amendments provide more flexibility for hardship dwellings, as allowed by state law. The amendments will provide clarity on a housing type for vulnerable populations in the rural county. This goal is met. Goal 11: Public Facilities and Services: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 11. This goal does not apply. Goal 12: Transportation: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 12. This goal does not apply. Goal 13: Energy Conservation: 247-25-000078-TA Findings Page 7 of 8 FINDING: he proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance �,,vith Goal 13. This goal does not apply. Goal 14: Urbanization: FINDING: The proposed amendments integrate requirements from Oregon Administrative Rule and Oregon Revised Statute for hardship dwellings. The use is already permitted in the underlying zoning districts, there is no alteration to allowance of development density on rural lands. This goal does not apply. Goals 15 through 19 FINDING: These goals are not applicable to the proposed plan and text amendments because the County does not contain these types of lands. 2011 DESCHUTES COUNTY COMPREHENSIVE PLAN Chapter 3 Rural Growth Management, Section 3.3. Rural Housing Policies Policy 3.3.5 Maintain the rural character of the County while ensuring a diversity of housing opportunities, including initiating discussions to amend State Statute and/or Oregon Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and Rural Residential Zones. FINDING: The intent of the text amendment is to amend regulations for temporary hardship dwellings to be consistent with state law and administrative rule for resource zones. The amendments will also provide a consistent process for regulation of hardship dwellings in both nonresource and resource zones. These requirements will ensure development continues to comply with all state rules and will maintain the rural character of the County through intentional placement of temporary housing associated with a hardship. VI. CONCLUSION: Based on the information provided herein, the staff recommends the Board of County Commissioners approve the proposed text amendments as drafted. 247-25-000078-TA Findings Page 8 of 8 E S COGZ� o � MEETING DATE: May 21, 2025 SUBJECT: Consideration of second reading of Ordinance No. 2025-005: Temporary Hardship Dwelling Text Amendments RECOMMENDED MOTIONS: 1. Move to conduct second reading of Ordinance No. 2025-005 by title only. 2. Move to adopt Ordinance No. 2025-005. BACKGROUND AND POLICY IMPLICATIONS: On May 21, 2025, staff will present Ordinance No. 2025-005 to the Board for consideration of second reading and adoption. On April 23, 2025, the Board conducted a public hearing and deliberations to consider legislative text amendments to Title 18 of the Deschutes County Code relating to temporary hardship dwellings (file no. 247-25-000078-TA). The Board voted 2-0 to adopt the proposed package as drafted by staff. The Board conducted first reading of the ordinance on May 7, 2025. BUDGET IMPACTS: None ATTENDANCE: Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nicole Mardell, AICP, Senior Planner DATE: May 14, 2025 SUBJECT: Consideration of Second Reading: Temporary Hardship Dwelling Text Amendments On May 21, 2025, staff will present Ordinance No. 2025-005 to the Board of County Commissioners (Board) for consideration of second reading. On April 23, 2025, the Board conducted a public hearing and deliberations to consider legislative text amendments to Title 18 of the Deschutes County Code relating to temporary hardship dwellings (file no. 247- 25-000078-TA). The Board voted 2-0 to adopt the proposed package as drafted by staff. The Board conducted first reading of the ordinance on May 7, 2025. Second reading is scheduled for May 21, 2025. Staff submitted a Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on February 6, 2025. The Planning Commission held a public hearing on March 13, 20251. The Commission held deliberations on March 27, 20252 and voted 6-0 to recommend approval of the proposed amendments drafted by staff, with a revision to exclude the use of existing buildings as a hardship dwelling type in the RR-10 and MUA-10 zones3. RECORD The record, which contains all memoranda, notices, and written testimony received, is available at the following website: https://bit.ly/25-78-TA. 1 https://www.deschutes.org/bc-pc/page/planning-commission-63 2 https://www.deschutes.orR/bc-pc/page/planning-commission-64 3 As noted below, the package reviewed by the Board included this revision. 11. OVERVIEW OF ORDINANCE This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The primary purpose of the amendment is to conform local requirements to state law and provide consistency for the review of hardship dwellings across multiple county zones. Notable changes include: • Reorganized content for readability; • Amended outdated references; • Clarified hardship dwelling can be used for the "aged" as well as the "infirmed'; • Clarified "existing building" use and definition for the purpose of the section; • Clarified hardship dwelling can be the only second dwelling on the property; • Amended renewal requirement from every one year to two years; • Listed the use in all permissible zones for readability. The original version of the amendments, reviewed by the Planning Commission, proposed to expand use of an existing building as a hardship dwelling type to several zones, including the RR-10 and MUA-10 zones. OAR 660-004-0040(8)(f) provides specific guidance for hardship dwellings in these zones, noting the dwelling type must be either a Recreational Vehicles (RVs) or manufactured home. Upon discovering this provision, the Planning Commission (in consultation with staff) recommended the Board exclude this proposed allowance. Staff updated the proposed text amendment package to reflect the recommendation prior to the Board's public hearing. M. NEXT STEPS The ordinance will become effective 90 days following the second reading. The tentative effective date is August 19, 2025. Attachments: • Ordinance No. 2025-005 and Corresponding Exhibits -2-