2025-196-Ordinance No. 2025-009 Recorded 6/24/2025VIEWED
LEGA COUNSEL
i
Recorded in Deschutes County
Steve Dennison; County Clerk
Commissioners' Journal
y.,0
2025-196
J2025-196
06/24/2025 9:56:31 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Zoning Ordinance, to Incorporate Clear and
Objective Housing Standards in Compliance with * ORDINANCE NO. 2025-009
State Law and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-25-00017 1 -TA) to the Deschutes County Code ("DCC"), Chapter 18.04 — Title,
Purpose and Definitions, Chapter 18.32 — Multiple Use Agricultural Zone; MUA, Chapter 18.56 — Surface Mining
Impact Area Combining Zone; SMIA, Chapter 18.60 — Rural Residential Zone; RR-10, Chapter 18.66 —
Terrebonne Rural Community Zoning Districts, Chapter 18.84 — Landscape Management Combining Zone; LM,
Chapter 18.88 — Wildlife Area Combining Zone; WA, Chapter 18.90 — Sensitive Bird and Mammal Habitat
C'omhininu Zone- SRMH. (Chanter 19-109 — Urban Unincorporated Communitv Zone- Sunriver, Chanter 18.116
— Supplementary Provisions, Chapter 18.120 — Exceptions, Chapter 18.128 — Conditional Use; and 1
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on April 24,
2025; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on May 28, 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. 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 in str-ik�n-
Section 2. AMENDING. Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone;
MUA, 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 striket-hrough.
Section 3. AMENDING. Deschutes County Code Chapter 18.56, Surface Mining Impact Area
Combining Zone; SMIA, 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 �*r�'�gh.
PAGE 1 OF 3 - ORDINANCE NO.2025-009
Section 4. AMENDING. Deschutes County Code Chapter 18.60, Rural Residential Zone; RR-10, 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 str4k�gh.
Section 5. AMENDING. Deschutes County Code Chapter 18.66, Terrebonne Rural Community Zoning
Districts, 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 strikgh.
Section 6. AMENDING. Deschutes County Code Chapter 18.84, Landscape Management Combining
Zone; LM, 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 strip.
Section 7. AMENDING. Deschutes County Code Chapter 18.88, Wildlife Area Combining Zone; WA,
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 stFik�_.
Section 8. AMENDING. Deschutes County Code Chapter 18.90, Sensitive Bird and Mammal Habitat
Combining Zone; SBMH, 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 stFik�gh.
Section 9. AMENDING. Deschutes County Code Chapter 18.108, Urban Unincorporated Community
Zone; Sunriver, 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-ik�g h.
Section 10. AMENDING. Deschutes County Code Chapter 18.116, Supplementary Provisions, is
amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new
lnnennae underlined and lanmiwe. to he deleted in * a.
Section 11. AMENDING. Deschutes County Code Chapter 18.120, Exceptions, 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 stfik�r-ough.
Section 12. AMENDING. Deschutes County Code Chapter 18.128, Conditional Use, 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 strikethfough.
Section 13. FINDINGS. The Board adopts as its findings Exhibit "M", attached and incorporated by
reference herein.
PAGE 2 OF 3 - ORDINANCE NO.2025-009
Section 14. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an
emergency is declared to exist, and this Ordinance takes effect on July 1, 2025.
Dated this _ CL+ ° 2025
ATTEST: D
r
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A THONY DEBONE, Chair
PA TI ADAW, Vice Chair
PHILIP CHANG, Commissioner
Date of I" Reading: � � day of 2025.
Date of 2" a Reading: I day of , 2025.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone )0
Patti Adair >10 _
Philip Chang
Effective date: day of 2025.
PAGE 3 OF 3 - ORDINANCE NO.2025-009
CHAPTER 18 04 TITLE PURPOSE AND DEFINITIONS
18.04.030 Definitions
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030.
"Bed or banks ^f strearn ^ ^~" has the meaning given at OAR 141-085-0510.means the ph
eemaiReF of the wateFs of a stFeam OF FiveF IYing -hp-ley.g -hank fi-111 stage and the land- 1-0- fp-p-t nn P*ther
mow^ Af+l,^ M+.,.^^~
"Cluster development" means a development permitting the clustering of single -unit or multi -unit# 4*Wy
^e-s-dwellings with individual lots or parcels of not less than two
acres in size and not exceeding three acres in size, and dedicated open space for a minimum of 65
percent of the parcel, lot, or tract. No commercial or industrial uses not allowed by the applicable zoning
ordinance are permitted.
"Conflicting use" means a land use, or other activity reasonably and customarily subject to land use
regulations, that could adversely affect a significant Goal 5 resource (except as provided in OAR 660-023-
0180(1)(b))."
"Dust -sensitive use" means use of a site, lot, e4:.-parcel, or tract as a dwelling unit, school, GhuFGh religious
institutions or assemblies, hospital, or similar use. Industrial or agricultural use of a site, lot, er-parcel, or
tract is not "dust -sensitive" unless it meets the above criteria in more than an incidental and subordinate
manner. Accessory structures, such as, but not limited to garages and workshops, do not constitute clust-
sensitive uses.
"Dust -sensitive buildine" means a building that contains a dust -sensitive use.
"ESEE" stands for "economic, social, environmental, and energy."
^hibiti^^ ~^s+~iet4^^ OF fully aliew'^^ a fl"''^^" ^In Title 18 ESEE refers to a decision document
that identifies "ESEE consequences" and the "program to achieve the goal", as these terms are defined in
OAR 660-023-0010.
"Fill", as used in the context of lakes, rivers, streams, floodplains, wetlands, or riparian areas, means:
A. The deposit by artificial means of material within any lake, river, stream, floodplain, wetland, or
riparian area.
B. Fill includes any excavation or grading within any lake, river, stream, floodplain, wetland, or
riparian area.
Exhibit A to Ordinance No. 2025-009 1 of 4
C. Fill does not include `ha" net *RrClu^'^ practices that constitute accepted farming practices as
defined in ORS chapter 215.
"Goal 5 resource" means open spaces, scenic and historic areas and natural resources as specified in
Goal 5 of Oregon's Statewide Planning Goals and its implementing Administrative Rules, OAR chapter
660, Ddivisions 4r&16 and 23.
"Grade" means the elevation of the ground surface. Grade is further defined as:
A. "Grade, average", for the purposes of calculating structural height, means the average of two
points which shall be the highest finished grade abutting the structure and the lowest finished
grade abutting the structure.
B. "Grade, existing" means the existing elevation of the ground surface prior to grading,
compaction, placement of fill, and/or the excavation or removal of earth from the lot or parcel.
C. "Grade, finished" means the final elevation of the ground surface following all grading,
compaction, placement of fill, and/or the excavation or removal of earth from the lot or parcel.
te
€-D. For the purposes of streets or slopes, "grade" shall mean the degree of inclination.
"Noise -sensitive use" means use of a site, lot, parcel, or tract approved for
overnight human occupancy, or normally used as schools, Gh� he? religious institutions or assemblies,
hospitals, or public libraries. Industrial or agricultural uses of a site, lot, parcel, or tract are not "noise -
sensitive" unless the use meets the above criteria in more than an incidental and subordinate manner.
Accessory uses structures, such as but not limited to garages or workshops, do not constitute noise -
sensitive uses.
"Noise -sensitive building" means a building that contains a noise -sensitive use.
"Ordinary High Water Line (OHWL)" has the meaning given at OAR 141-085-0510.
"Ordinary High Water Mark (OHWM)" has the same meaning as "Ordinary High Water Line."rneaw; the
"Rimrock" means any ledge, outcropping, or top or overlying stratum of rock, which meets the following:
A. Perms a a slope in excess of 45 degrees, as measured across any 10-foot horizontal
distance. Where two or more horizontal measurements vield different results, the most
restrictive measurement shall apply; and
B. w#ip#sCreates or is within the canyon of the following rivers and streams: (1) Deschutes
River, (2) Crooked River, (3) Fall River (4) Little Deschutes River (5) Spring River (6) Paulina
Creek (7) Whychus Creek and (8) Tumalo Creek.
C. For the purpose of DCC Title 18, the edge of the rimrock is the uppermost rock ledge or
outcrop of rimrock.
"River" has the same meaning as "stream."
Exhibit A to Ordinance No. 2025-009 2 of 4
"Stream" means a channel such as a river or creek that carries flowing surface water, including perennial
streams and intermittent streams with defined channels, and excluding man-made irrigation and
drainage channels.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 82-013 §1 on 512511982
Amended by Ord. 83-037 §2 on 61111983
Amended by Ord. 83-033 §1 on 611511983
Amended by Ord. 84-023 §1 on 81111984
Amended by Ord. 85-002 §2 on 211311985
Amended by Ord. 86-032 §1 on 41211986
Amended by Ord. 86-018 §1 on 613011986
Amended by Ord. 86-054 §1 on 613011986
Amended by Ord. 86-056 §2 on 613011986
Amended by Ord. 87-015 §1 on 611011987
Amended by Ord. 88-009 §1 on 313011988
Amended by Ord. 88-030 §3 on 811711988
Amended by Ord. 89-004 §1 on 312411989
Amended by Ord. 89-009 §2 on 1112911989
Amended by Ord. 90-014 §2 on 711211990
Amended by Ord. 91-002 §11 on 21611991
Amended by Ord. 91-005 §1 on 31411991
Amended by Ord. 92-025 §1 on 411511991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §§3 and 4 on 913011991
Amended by Ord. 92-004 §§1 and 2 on 21711992
Amended by Ord. 92-034 §1 on 41811992
Amended by Ord. 92-065 §§1 and 2 on 1112511992
Amended by Ord. 92-066 §1 on 1112511992
Amended by Ord. 93-002 §§1, 2 and 3 on 21311993
Amended by Ord. 93-005 §§1 and 2 on 412111993
Amended by Ord. 93-038 §1 on 712811993
Amended by Ord. 93-043 §§1, 1A and 18 on 812511993
Amended by Ord. 94-001 §§1, 2, and 3 on 311611994
Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 61811994
Amended by Ord. 94-041 §§2 and 3 on 911411994
Amended by Ord. 94-038 §3 on 101511994
Amended by Ord. 94-053 §1 on 121711994
Amended by Ord. 95-007 §1 on 31111995
Amended by Ord. 95-001 §1 on 312911995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 95-077 §2 on 1212011995
Amended by Ord. 96-003 §2 on 312711996
Amended by Ord. 96-082 §1 on 1111311996
Exhibit A to Ordinance No. 2025-009 3 of 4
Amended by Ord. 97-017 §1 on 3112/.1997
Amended by Ord. 97-003 §1 on 61411997
Amended by Ord. 97-078 §5 on 1213111997
Amended by Ord. 2001-037 §1 on 912612001
Amended by Ord. 2001-044 §2 on 1011012001
Amended by Ord. 2001-033 §2 on 1011012001
Amended by Ord. 2001-048 §1 on 1211012001
Amended by Ord. 2003-028 §1 on 912412003
Amended by Ord. 2004-001 §1 on 711412004
Amended by Ord. 2004-024 §1 on 1212012004
Amended by Ord. 2005-041 §1 on 812412005
Amended by Ord. 2006-008 §1 on 812912006
Amended by Ord. 2007-019 §1 on 912812007
Amended by Ord. 2007-020 §1 on 21612008
Amended by Ord. 2007-005 §1 on 212812008
Amended by Ord. 2008-015 §1 on 613012008
Amended by Ord. 2008-007 §1 on 811812008
Amended by Ord. 2010-018 §3 on 612812010
Amended by Ord. 2010-022 §1 on 711912010
Amended by Ord. 2011-009 §1 on 10/1712011
Amended by Ord. 2012-004 §1 on 411612012
Amended by Ord. 2012-007 §1 on 51212012
Amended by Ord. 2013-008 §1 on 71512013
Amended by Ord. 2014-009 §1 on 81612014
Amended by Ord. 2015-004 §1 on 412212015
Amended by Ord. 2016-015 §1 on 71112016
Amended by Ord. 2016-026 §1 on 111912016
Amended by Ord. 2016-006 §1 on 212712017
Amended by Ord. 2017-015 §1 on 111112017
Repealed by Ord. 2018-005 §8 on 1011012018
Amended by Ord. 2018-006 §4 on 1112012018
Amended by Ord. 2019-010 §1 on 51812019
Amended by Ord. 2019-016 §1 on 212412020
Amended by Ord. 2020-001 §1 on 412112020
Amended by Ord. 2020-010 §1 on 71312020
Amended by Ord. 2020-007 §7 on 1012712020
Amended by Ord. 2021-013 §3 on 41512022
Amended by Ord. 2022-014 §1 on 41412023
Amended by Ord. 2023-001 §2 on 513012023
Amended by Ord. 2024-008 §2 on 101912024
Amended by Ord. 2025-002 §1 on 212612025
Amended by Ord. 2025-009 §1 on 611812025
Exhibit A to Ordinance No. 2025-009 4 of 4
CHAPTER 18 32 MULTIPLE USE AGRICULTURAL ZONE; MUA
18.32.030 Conditional Uses Permitted
The following uses may be allowed subject to DCC 18.128:
A. Public use.
B. Semipublic use.
C. Commercial activities in conjunction with farm use. The commercial activity shall be associated
with a farm use occurring on the lot or parcel where the commercial use is proposed. The
commercial activity may use, process, store or market farm products produced in Deschutes
County or an abutting County.
D. Dude ranch.
E. Kennel and/or veterinary clinic.
F. Guest house.
G. Manufactured dwelling as a secondary accessory farm dwelling, subject to the requirements set
forth in DCC 18.116.070.
H. Exploration for minerals.
I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and
other ICI,ICdIIVlldl uses.
J. Personal use landing strip for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. No aircraft may be based on a personal use landing strip
other than those owned or controlled by the owner of the airstrip. Exceptions to the activities
permitted under this definition may be granted through waiver action by the Aeronautics
Division in specific instances. A personal use landing strip lawfully existing as of September 1,
1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics
Division.
K. Golf courses.
L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
M. A facility for primary processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with farm uses described in
ORS 215.203(2). Such a facility may be approved for a one year period which is renewable. These
facilities are intended to be only portable or temporary in nature. The primary processing of a
forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or
other similar method of initial treatment of a forest product in order to enable its shipment to
market. Forest products, as used in DCC 18.32.030, means timber grown upon a lot or parcel of
land or contiguous land where the primary processing facility is located.
N. Destination resorts.
Exhibit B to Ordinance No. 2025-009 1 of 4
R rig tee deyela.,..-.eRts
$0. A disposal site which includes a land disposal site for which they Department of
Environmental Quality has granted a permit under ORS 459.245, together with equipment,
facilities or buildings necessary for its operation.
R-.R Time share unit or the creation thereof.
&0.Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
T-.R. Storage, crushing and processing of minerals, including the processing of aggregate into
asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the
maintenance or construction of public roads or highways.
1WLS.Bed and breakfast inn.
V-.T. Fill or removal within the bed and banks of a stream or river or in a wetland subject to DCC
18.120.050 and W.U. Religious institutions or assemblies, subject to DCC 18.124 and 18.128.080.
X-.V. Private or public schools, including all buildings essential to the operation of such a school.
Y,.W.Utility facility necessary to serve the area subject to the provisions of DCC 18.124.
Z—.X. Cemetery, mausoleum or crematorium.
AA:Y. Commercial horse stables.
A-9Z. Horse events, including associated structures, not allowed as a permitted use in this zone.
AGAA. Manufactured dwelling park or recreational vehicle park on a lot or parcel in use as a
manufactured dwelling park or recreational vehicle park prior to the adoption of Ordinance PL-
15 in 1979 and being operated as of June 12, 1996, as a manufactured dwelling park or
recreational vehicle park, including any expansion of such uses on the same lot or parcel, as
configured on June 12, 1996.
ADAB. A new manufactured dwelling or recreational vehicle park, subject to Oregon Administrative
Rules 660-004-0040(8)(g) that:
1. Is on a lot or parcel abutting an existing manufactured dwelling or recreational vehicle
park;
2. Is abutting the City of Bend Urban Growth Boundary; and
3. Has no more than 10 dwelling units.
A€AC. The full or partial conversion from a manufactured dwelling park or recreational vehicle park
described in DCC 18.32.030 (Q�AA) to a manufactured dwelling park or recreational vehicle park
on the same parcel, as configured on June 12 1996.
Exhibit B to Ordinance No. 2025-009 2 of 4
AFAD. Wireless telecommunications facilities, except those facilities meeting the requirements of
DCC 18.116.250(A) or (B).
AGAE. Guest lodge.
A4AF. Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated
material.
MA
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 80-206 §3 on 1011311980
Amended by Ord. 83-033 §2 on 611511983
Amended by Ord. 86-018 §7 on 613011986
Amended by Ord. 90-014 §§27 and 35 on 711211990
Amended by Ord. 91-002 §7 on 21611991
Amended by Ord. 91-005 §§19 and 20 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 92-055 §2 on 811711992
Amended by Ord. 93-043 §§4A and 8 on 812511993
Amended by Ord. 94-008 §11 on 61811994
Amended by Ord. 94-053 §2 on 121711994
Amended by Ord. 96-038 61 on 6/12,11996
Amended by Ord. 97-017 §2 on 311211997
Amended by Ord. 97-029 §2 on 511411997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §2 on 1211212001
Amended by Ord. 2004-002 §4 on 412812004
Amended by Ord. 2009-018 §1 on 111512009
Amended by Ord. 2015-002 §1 on 71812015
Amended by Ord. 2016-015 §3 on 71112016
Amended by Ord. 2020-001 §4 on 412112020
Amended by Ord. 2021-004 §2 on 512712021
Amended by Ord. 2021-013 §5 on 41512022
Amended by Ord. 2023-001 §4 on 513012023
Amended by Ord. 2025-002 §6 on 212612025
Amended by Ord. 2025-009 §2 on 611812025
18.32.040 Dimensional Standards
In an MUA Zone, the following dimensional standards shall apply:
Exhibit B to Ordinance No. 2025-009 3 of 4
A. The minimum lot area shall be 10 acres, except planned- andeluster develepments ""a" be
allowed an equivalent density ef eRe WRit peF seven and A -Re half -ae-res and plaRRed _and_ r_I._'S*_P_F
B. The minimum lot width shall be 150 feet and the minimum street frontage 50 feet.
C. No structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC
18.120.040.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-055 §3 on 811711992
Amended by Ord. 2006-008 §4 on 812912006
Amended by Ord. 2025-002 §6 on 212612025
Amended by Ord. 2025-009 §2 on 611812025
Exhibit B to Ordinance No. 2025-009 4 of 4
CHAPTER 18.56 SURFACE MINING IMPACT AREA COMBINING ZONE; SMIA
18.56.070 Setbacks
A. General/Discretionary Standards:
The setbacks shall be the same as those prescribed in the underlying zone, except as follows:
1. No noise -sensitive or dust -sensitive use ore building established or constructed after
the designation of the SMIA Zone shall be located within 250 feet of any surface mining
zone, except as provided in DCC 18.56.140; an4
2. No noise -sensitive or dust -sensitive use or structure established or constructed after the
designation of the SMIA Zone shall be located within one -quarter mile of any existing or
proposed surface mining processing or storage site, unless the applicant demonstrates that
the proposed use will not prevent the adjacent surface mining operation from meeting the
setbacks, standards, and conditions set forth in DCC 18.52.090, 18.52.110, and 18.52.140,
respectively,-
3. Additional setbacks in the SMIA Zone may be required by the Planning Director or Hearings
Body as part of the site plan review under DCC 18.56.100; and..
4. An exception to the 250-foot setback in DCC 18.56.070(A), shall be allowed pursuant to a
written agreement for a lesser setback made between the owner of the noise -sensitive or
dust -sensitive use or structure located within 250 feet of the proposed surface mining
ortivity nnrl tho niemor nr nnorntnr of tha nrnnncarl qi irfara mina Thp aarppmant Shall he
submitted at the time of site plan review or site plan modification. Sl Upon approval, the
agreement shall be notarized and recorded in the Deschutes County Official Records and
shall run with the land. Sue"; agpeement shall be su_h.m.i#P_d_ ^^^' �'�^�^� ^+the firnn
B. Clear and Objective Standards pursuant to DCC 22.08.040:
The setbacks shall be the same as those prescribed in the underlying zone, except as follows:
1. No dwellings shall be approved after the designation of the SMIA Zone within 250 feet of any
surface mining zone, except as provided in DCC 18.56.140; and
2. No dwellings shall be approved after the designation of the SMIA Zone within one -quarter
mile of any existing or proposed surface mining processing or storage site unless the site is a
preexisting or nonconforming site as defined in DCC 18.52.160.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 90-035 §§1 and 2 on 91511990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 611812025
Exhibit C to Ordinance No. 2025-009 1 of 5
18.56.080 Use Limitations
No dwelling units, additions to dwelling units -of, ether noise -sensitive stfuetufesbuildings, or -of dust -
sensitive uses OF StFWGtWFes buildings shall be erected in any SMIA Zone without first obtaining site plan
approval under the standards and criteria set forth in DCC 18.56.090 through 18.56.120.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-014 §5 on 311311991
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 611812025
18.56.090 Specific Use Standards
The following shall be subject to the criteria established in DCC 18.56.100 or DCC 18.56.110standards
amply in the SMIA Zone:
A. New dwelling unitsi
B. eOther new noise -sensitive and dust -sensitive uses or Fesbuildings;--H;-4
C_eAdditions to dwelling units in existence on the effective date of Ordinance No. 90-014 which
increase the floor area of the structure by 10 percent or more; of
D. eAddition to other noise and dust sensitive uses or stFuGtwFesbuildings, in existence on the
effective date of Ordinance No. 90-014, which increase the lot area associated with use or floo
area of the structure by 10 percent or more.^ eed 10 peFeeRt of the size of the exi�+;^^
,dweliiRgUS-e,shall be s bjeet to the ^.iteFia established i^ WC 18.56.100,
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 611812025
18.56.100 Site Plan Review And Approval Criteria
A. Elements of Site Plan Application. An `ice application shall be submitted in a form
prescribed by the Planning Director. eF Hearings Body detailing the ler-at elp. of the ^ ^d
neise Se.psitive use, the loGatiap of the Pearby surface i - - - 1 operation, Of aR�,, and ether
B. Site plan review and approval, pursuant to the DCC Title 22
shall be required for all development types ese.& fisted under DCC
18.56.090 in the SMIA Zone prior to the commencement of any construction or use.
C. The Planning Director or Hearings Body may grant or deny site plan approval and fAay-shall
require summodifications to the site plan as ,r^ deatermnined to be if necessary to meet the
setbacks, standards, and conditions described above.
Exhibit C to Ordinance No. 2025-009 2 of 5
D. The site plan shall be approved if the Planning Director or Hearings Body finds4hat the site plan
is consistent with the site -specific ESEE analysis in the surface mining element of the
Comprehensive Plan and that the proposed developmentu-se will not prevent the adjaeeRt
abutting surface mining operation from meeting the setbacks, standards, and conditions set
forth in DCC 18.52.090, 18.52.110, and 18.52.140, respectively.
E. PubliG eNotice shall be as set forth in DCC Title 22, the "^;feFm DevelopmeRt °rec-ed. es
QFdiRanGe exGept and in all cases notice of the FeGeiptof an SMIA site plan
revie %A/ applieation shall be sent to the mine owners and/or operators whose SM-Zened-zoned
site necessitated tr-iggefed the SMIA review.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 90-035 §3 on 91511990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 611812025
18.56.110 Abbreviated SMIA Site Plan Review
A. An abbreviated site plan review under DCC 18.56.110 shall be required for uses or structures, as
specified in DCC 18.56.090, if all of the following are met:
1. The lot or parcel is at least one-auarter mile from an SM Zone; and
-1 2. There are at least two dwellings or other noise -sensitive or dust -sensitive uses between
the lot or parcel and the SM-zoned site necessitating the review. new ^F en!aFged Reise
eF dust sens*tive use, as speeified in DGG 18.56.09�9 te %vhieh DGG 1-8.56.110 applies that
s at 'Part ene quaFteF mule frern an S-.A,A 7nppapd that h;;q at least tv e dwelliRgS E)F ethL-F
B. Abbreviated SMIA site plan review shall require the submission of an application
derAE)Rw�e in conformance with DCC 18.56.110(A).
C. Unless the underlying zoning at the SMIA site would require additional review of the proposed
use for some other land use permit, abbreviated site plan review shall be conducted
1_{1}-aAdministratively without prior public notice;
2_(24-w44-p�Notice of the Findings and Decision shall be mailed consistent with DCC
18.56.100(E), to all persons entitled to receive notice; and
Exhibit C to Ordinance No. 2025-009 3 of 5
-1-.3.4Pmi#4-aAn appeal period and procedures asset forth in DCC Title 22, the FRiferM
Appellants may submit evidence to overcome the
presumption set forth in DCC 18.56.110(A).
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 90-035 §4 on 91511990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 611812025
18.56.120 Waiver Of Remonstrance
As a condition ofThe appliGant site plan approval under DCC 18.56.100 or DCC 18.56.110, in the S4414
teethe property owner shall sign and record in the Deschutes County Official Records a statemeRt
Waiver of Remonstrance declaring that the applicam-property owner and 4istheir successors will not
now or in the future complain about the allowed surface mining activities on the adjaeent surface mining
site(s) necessitating the review.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 6/18I2025
18.56.130 Development Agreement And Performance Bond
A. General/Discretionary Standard: As a condition of site plan approval under DCC 18.56.100 or
DCC 18.56.110, the property owner may be required to execute a development agreement
with the County and performance bond or other form of security approved by the County to
ensure full and faithful performance of any improvements required to meet the setbacks,
standards, and conditions set forth above. Any bond shall be for 110 percent of the dollar
amount of the improvement costs.
B. Clear and Obiective Standard pursuant to DCC 22.08.040: Execution of a development
agreement ar4or performance bond is not permitted. All improvements, required setbacks,
standards and conditions must be installed and approved prior to building permit approval.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 611812025
Exhibit C to Ordinance No. 2025-009 4 of 5
18.56.140 Exemptions
The following shall be exempt from the provisions of DCC 18.56:
A. Uses in the SMIA Zone which are not within one-half mile of any identified resource in the SM
Zone after all reclamation has occurred.
B. Continuation and maintenance of a conforming or nonconforming use established prior to the
effective date of Ordinance No. 90-0141-
C. The employment of land for farm or forest usei and
D. Additions to noise -sensitive or dust -sensitive uses or =+rWGWFes buildings, v.ghieh are eempletely
waif DCC 18.56.140(D)(1) or DCC 18.56.140(2) is met and DCC 18.56.140(D)(3) is met:
1. The use or structure existed eExistingon the effective date of Ordinance No. 90-014i or
2. The existing use was established or constructed in accordance with DCC Chapter 18.56i
and
-1 3. w4k*HweThe addition is completely screened from the surface mining site by the
existing use or structure.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 83-037 §15 on 61111983
,menus a by' Ord. 8 wwv JQ on 1� /2 --S
s_ �/ ��� y��-
Amended by Ord. 86-018 §12 on 613011986
Amended by Ord. 86-053 §12 on 613011986
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2004-013 §5 on 912112004
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-009 §3 on 611W025
Exhibit C to Ordinance No. 2025-009 5 of 5
CHAPTER 18 60 RURAL RESIDENTIAL ZONE; RR-10
18.60.030 Conditional Uses Permitted
The following uses may be allowed subject to DCC 18.128:
A. Public park, playground, recreation facility or community center owned and operated by a
government agency or nonprofit community organization.
B. Dude ranch.
C. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
D. Personal use landing strip for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. A personal use landing strip as used in DCC 18.60.030 means
an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent
and occasional basis, by invited guests. No aircraft may be based on a personal -use landing strip
other than those owned or controlled by the owner of the airstrip. Exceptions to the activities
permitted under this definition may be granted through waiver action by the Aeronautics
Division in specific instances. A personal -use landing strip lawfully existing as of September 1,
1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics
Division.
C Planned deyeleprAeRt
F. C Cluster deyeleppneRt
49-E.Recreation-oriented facility requiring large acreage such as off -road vehicle track or race track,
but not including a rodeo grounds.
W.F. A disposal site which includes a land disposal site for which the Department of Environmental
Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings
necessary for its operation.
4G. Cemetery.
J.H. Time-share unit or the creation thereof.
K-.I_Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
J-J. Bed and breakfast inn.
M-.K. Golf course.
P4vL. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
wetland subject to DCC 18.120.050 and 18.128.270.
9 M. Religious institutions or assemblies.
P.N. Public Uses.
$O. Semipublic Uses.
Exhibit D to Ordinance No. 2025-009 1 of 3
R-.R Commercial horse stables.
&0 Private or public school, including all buildings essential to the operation of such a school.
:[R. Manufactured dwelling park or recreational vehicle park on a lot or parcel in use as a
manufactured dwelling park or recreational vehicle park prior to the adoption of PL-15 in 1979
and being operated as of June 12, 1996 as a manufactured dwelling park or recreational vehicle
park, including expansion, conversion and combination of such uses on the same lot or parcel,
as configured on June 12, 1996.
U-.S.The full or partial conversion from a manufactured dwelling park or recreational vehicle park
described in DCC 18.60.030 (T) to a manufactured dwelling park or recreational vehicle park on
the same parcel, as configured on June 12, 1996.
V-.T. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
W.U. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the excavation
and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated
material.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 83-033 §5 on 611511983
Amended by Ord. 86-018 §13 on 613011986
Amended by Ord. 90-014 §22 on 711211990
Amended by Ord. 91-005 §32 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 92-004 §10 on 21711992
Amended by Ord. 93-043 §§8A and 88 on 812511993
Amended by Ord. 94-008 §13 on 61811994
Amended by Ord. 96-021 §1 on 212811996
Amended by Ord. 96-038 §2 on 611211996
Amended by Ord. 97-017 §3 on 311211997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §5 on 1211212001
Amended by Ord. 2004-002 §8 on 412812004
Amended by Ord. 2009-018 §2 on 111512009
Amended by Ord. 2020-001 §5 on 412112020
Amended by Ord. 2023-001 §8 on 513012023
Amended by Ord. 2025-002 §12 on 212612025
Amended by Ord. 2025-009 §4 on 611812025
Exhibit D to Ordinance No. 2025-009 2 of 3
18.60.060 Dimensional Standards
In an RR-10 Zone, the following dimensional standards shall apply:
A. Lot coverage shall not exceed 30 percent of the lot area.
B. No structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under
DCC 18.120.040.
C. Minimum lot area shall be 10 acres, except plaRReal and rulustor develepMeRtS shall be an,,,.,o,�
aR equivalent deRsity of oRe unit peF 7. Fes. Planned and dusteF develepmems within E)Re
9F equivalent density. FeF pafeels sepaFated by new arteFial Fights of wa�,, aR exemption shall be
gFaRted puFsuaamt + DGG- 18. 20.020(D). For lots or parcels separated by new arterial rights of
way, an exemption to the lot area requirements of this section shall be granted pursuant to DCC
18.120.020.
HISTORY
Adopted by Ord. PL-15 §4.120 on 111111979
Amended by Ord. 92-055 §6 on 811711992
Amended by Ord. 93-034 §1 on 613011993
Amended by Ord. 2025-002 §12 on 212612025
Amended by Ord. 2025-009 §4 on 611812025
Exhibit D to Ordinance No. 2025-009 3 of 3
CHAPTER 18.66 TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
18.66.020 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 -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, 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 18.66.070 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.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Manufactured dwelling park.
2. Multi -unit dwelling.
3. Retirement center or nursing home.
n Cluster rteyeI p @ +
Exhibit E to Ordinance No. 2025-009 1 of 2
5 4. Religious institutions or assemblies.
& .Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
�46. Public or private school.
8-7. Park.
9-.8. Public or semi-public building.
1-0-.9. Utility facility.
34-.10. Water supply or treatment facility.
1-2-11. Veterinary clinic.
43-.12. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
1413. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation District,
including the excavation and mining for facilities, ponds, reservoirs, and the off -site use,
storage, and sale of excavated material.
445-14. Residential facility.
HISTORY
Adopted by Ord. 97-003 §2 on 61411997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004-002 §13 on 412812004
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2024-008 §9 on 11712025
Amended by Ord. 2025-002 §15 on 212612025
Amended by Ord. 2025-009 §5 on 611812025
Exhibit E to Ordinance No. 2025-009 2 of 2
CHAPTER 18.84 LANDSCAPE MANAGEMENT COMBINING ZONE; LM
18.84.080 Design Review Standards — General/Discretionary Standards
18.84.081 Design Review Standards — Clear and Objective Standards Pursuant To DCC 22.08.040
18.84.090 Setbacks — General/Discretionary Standards
18.84.091 Setbacks — Clear and Objective Standards Pursuant To DCC 22.08.040
18.84.020 Application Of Provisions
The provisions of DCC 18.84 shall apply to all areas within one-fourth mile of roads identified as
landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions
of DCC 18.84 shall also apply to all areas within the H,.,,,,daFies f a State sGeRie ateF ayeF Fe
identified as
landscape management corridors in the comprehensive plan and the County Zoning Map. The distance
specified above shall be measured horizontally from the center line of designated landscape
management roadways or from the nearest ordinary high water mark of a designated landscape
management river or stream. The limitations in DCC 18.84.20 shall not unduly restrict accepted
agricultural practices.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord 97-024 b2 nn AIR11992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-009 §6 on 0812025
18.84.030 Uses Permitted Outright
Uses permitted in the underlying zone with which t-k-an LM Zone is combined shall be permitted in tl e
an LM Zone, subject to the provisions in DCC 18.84.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-009 §6 on 611812025
Exhibit F to Ordinance No. 2025-009 1 of 11
18.84.040 Uses Permitted Conditionally
Uses permitted conditionally in the underlying zone with which t#e-an LM Zone is combined shall be
permitted as conditional uses in than LM Zone, subject to the provisions in DCC 18.84.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-009 §6 on 611812025
18.84.050 Use Limitations
A. Any new structure or substantial exterior alteration of a structure requiring a building permit or
an agricultural building or equine facility4pietw-e within an LM Zone shall obtain site plan
approval in accordance with DCC 18.84 prior to construction. As used in DCC 18.84 substantial
exterior alteration consists of an alteration which exceeds 25 percent in the size building
aaassfloor area or 25 percent of the assessed value of the structure.
rri+orinr «h--Odir mass"
means the total � onI-Af+he str Gt
B. General/Discretionary Standards. Structures and/or lots or parcels which are not visible from the
designated roadway, river, or stream and which are assured of remaining not visible because of
vegetation, topography, or existing development are exempt from the provisions of DCC
18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for site plan
review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence
that the proposed structure and/or lot or parcel will not be visible from the designated road,
river, or stream. Structures not visible from the designated road, river, or stream must meet
setback standards of the underlying zone(s).
C. Clear and Objective Standards pursuant to DCC 22.08.040. All structures located in an LIVI Zone
shall comply with the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090
(Setbacks).
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2015-016 §5 on 312812016
Amended by Ord. 2025-002 §20 on 212612025
Exhibit F to Ordinance No. 2025-009 2 of 11
Amended by Ord. 2025-009 §6 on 611W025
18.84.060 Dimensional Standards
In an LM Zone, the minimum lot area shall be as established in the underlying zoned with which the LM
Zone is combined.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-009 §6 on 611W025
18.84.070 Application
An application for site plan approval for development in t-kie-an LM Zone shall be submitted to the
Planning Division. The site plan application shall include the following:
A. A plot plan, drawn to scale, showing:
1. Location and dimensions of existing and proposed structures.
2. Setbacks from lot lines (and the ordinary high water liners and rimrock, if present).
3. Existing and proposed access.
4. Existing and proposed exterior lighting.
B. A drawing of the proposed structure elevations showing:
1. Exterior appearance.
2. Average natural grade.
3. Height dimensions measured from average natural grade.
3-4.Siding and roofing material and color.
4-5. Location and size of windows, including skylights.
C. A landscape plan drawn to scale, showing:
1. Location, size, and species of existing trees six inches in diameter or greater, or existing
shrub vegetation higher than four feet, between the proposed development and the
designated landscape management road, river, or stream.
Exhibit F to Ordinance No. 2025-009 3 of 11
a. For applications reviewed under General/Discretionary Standards pursuant to
DCC 22.08.040, wWhere a significant amount of vegetation exists, the applicant
may submit a landscape plan may be aec;ep e, A*h" that generalizes and
explains how the existing trees and shrubs provide screening. This option is not
available for applications reviewed under Clear and Obiective Standards.
2. Proposed location and species of introduced vegetation which will screen the proposed
development from the designated landscape management road, river, or stream.
D. A minimum of two colored photographs taken from documented locations, oriented between
the protected resource (river, stream, and/or road) and the proposed development, showing the
extent of existing vegetation or other screening.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 93-043 §12 on 812511993
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2003-034 §1 on 1012912003
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-009 §6 on 611812025
18.84.080 Design Review Standards — General/Discretionary Standards
The following standards will be used to evaluate the proposed site plan:
A. Except as necessary for construction of access roads, building pads, septic drainfields, public
utility easements, parking areas, etc., the existing tree and shrub cover screening the
development from the -a designated road, river, or stream shall be retained. This provision does
not prohibit maintenance of existing lawns, removal of dead, diseased, or hazardous vegetation;
the commercial harvest of forest products in accordance with the Oregon Forest Practices Act, or
agricultural use of the land.
B. It is recommended that new structures and additions to existing structures be finished in muted
earth tones that blend with and reduce contrast with the surrounding vegetation and landscape
of the building site.
C. No large areas, including roofs, shall be finished with white, bright, or reflective materials.
Roofing, including metal roofing, shall be non -reflective and of a color which blends with the
surrounding vegetation and landscape. DCC 18.84.080(C) shall not apply to attached additions to
structures lawfully in existence on April 8, 1992, unless substantial improvement to the roof of
the existing structure occurs.
D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in
DCC 18.84.090(E), all structures shall be sited to take advantage of existing vegetation, trees, and
Exhibit F to Ordinance No. 2025-009 4 of 11
topographic features in order to reduce visual impact as seen from t#ea designated road, river,
or stream. When more than one nonagricultural structure is to exist and no vegetation, trees, or
topographic features exist which can reduce visual impact of the subject structure, such
structure shall be clustered in a manner which reduces their visual impact as seen from the
designated road, river, or stream.
Structures shall not exceed 30 feet in height measured from average natural grade- existiRg
the Ratural grade „ the side(s) facing the read Foyer stream. For the purposes of this
measurement "average natural grade" shall be the average of natural ground elevations prior to
development, for the wall closest to and facing the road, river, or stream. Within the LM Zone
along a state scenic waterway or federal wild and scenic river, the height of a structure shall
include chimneys, antennas, flag poles or other projections from the roof of the structure. DCC
18.84.080(E) shall not apply to agricultural buildings or equine facilities-. tFuetw es located at least
50 feet from a rimrock.
F. New residential or commercial driveway access to designated landscape management roads
shall be consolidated wherever possible.
G. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed
downward and is not directly visible from atf}e designated road, river, or stream.
H. The Planning Director or Hearings Body may require the establishment of introduced landscape
material to screen the new structure or substantial exterior alteration, assure compatibility with
existing vegetation, reduce glare, direct automobile and pedestrian circulation, or enhance the
overall appearance of the development while not interfering with the views of oncoming traffic
at access points, or views of mountains, forests, and other open and scenic areas as seen from
t#e-a designated landseape FnapagemeRt road, river, or stream. Use of native species shall be
encouraged. (P^FFneFl • seetion 1 o 84 080 ( 11
I. No signs or other forms of outdoor advertising that are visible from a designated ape
�nagementroad, river, or stream shall be permitted. Property protection signs (No Trespassing,
No Hunting, etc.,) are permitted.
J. A conservation easement as defined in DCC 18.04.030 "Conservation Easement" and specified in
DCC 18.116.220 shall be required as a condition of approval for all landscape management site
plans involving property adjacent to the Deschutes River, Crooked River, Fall River, Little
Deschutes River, Spring River, Whychus Creek, and Tumalo Creek. Conservation easements
required as a condition of landscape management site plans shall not require public access.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 93-043 §12A and 12B on 812511993
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 97-068 §1 on 1112611997
Exhibit F to Ordinance No. 2025-009 5 of 11
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2015-016 §5 on 312812016
Amended by Ord. 2018-006 §11 on 1112012018
Amended by Ord. 2020-007 §13 on 1012712020
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-009 §6 on 611812025
18.84.081 Design Review Standards — Clear and Objective Standards Pursuant To DCC 22.08.040
A. All existing tree and shrub cover between the development and the designated road, river, or
stream shall be retained. This provision does not prohibit maintenance of existing lawns, or
removal of dead, diseased, or hazardous vegetation as part of a housing application.
1. For the purposes of this provision, "hazardous" means either:
a. A tree or branch that has been identified by arborist as an imminent danger to
people or property; or
b. Vegetation that is subject to mandatory fire break, fuel break, or defensible
space requirements under the ORS, OAR, DCC Chapter 8.21, and/or- DCC Title
18.
B. New structures and additions to existing structures, provided that they add one or more
dwelling units, shall be finished in a color listed in Appendix A (DCC 18.18A) or with natural
unpainted wood or stone.
C. Roofing, including metal roofing, shall be non -reflective and shall have a light reflectance value
(LRV) of 40 or less.
D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in
DCC 18.84.090(E), when there are existing topographic features, such as rocky outcrops, knolls,
hills, or ridges, that have the ability to obscure any portion of the proposed structure, as viewed
from the designated road, river or stream, the proposed structure shall be located such that the
topographic feature(s) is situated between the structure and the designated road, river, or
stream.
E. Structures shall not exceed 30 feet in height measured from lowest adjacent natural grade. For
the purposes of this measurement, "lowest adjacent natural grade" shall be the lowest natural
ground elevation adjacent to the structure prior to development. Within an LM Zone along a
state scenic waterway or federal wild and scenic river, the height of a structure shall include
chimneys, antennas, flag poles, or other projections from the roof of the structure.
F. Residential or commercial driveway access to designated landscape management roads shall be
consolidated to a single access driveway."'^ dF'"^'•'^" access t^ ^ H-pri
landse'
G. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed
downward and is not directly visible from a designated road, river, or stream.
Exhibit F to Ordinance No. 2025-009 6 of 11
H. Screening shall be provided between a proposed dwelling unit and any designated road, river, or
stream. At least one non -deciduous tree that will reach a mature diameter of 10 inches or
greater as measured four feet above the ground (known as DBH, "diameter at breast height")
shall be planted for every 1S horizontal feet of wall facing or visible from any point along a
designated road river, or stream. Required non -deciduous trees at planting must be a minimum
six feet in height measured from the soil to the top of the tree. Existing, retained, non -deciduous
trees may count toward the required tree planting. Use of native species is encouraged, but not
required. Plantings shall conform with the defensible space standards of DCC Chapter 8.21.
I. No signs or other forms of outdoor advertising that are visible from a designated road, river, or
stream shall be permitted. Property protection signs (No Trespassing, No Hunting, etc.,) are
permitted.
J. A conservation easement as defined in DCC 18.04.030 "Conservation Easement" and specified in
DCC 18.116.220 shall be required as a condition of approval for all landscape management site
plans involving a lot or parcel adjacent to the Deschutes River, Crooked River, Fall River, Little
Deschutes River Spring River, Whychus Creek, and Tumalo Creek. Conservation easements
required as a condition of landscape management site plans shall not require public access.
HISTORY
Adopted by Ord. 2025-009 §6 on 611812025
18.84.090 Setbacks — General/Discretionary Standards
A: Except as provided in DCC 18.84.090, the minimum setbacks shall be those established in the
underlying zonellwith which t#ea LM Zone is combined. The more restrictive
setback requirement shall govern in all cases.
B. Road Setbacks. All new structures or additions to existing structures on lots or parcels with street
frontage on a designated landscape management road shall have a minimum setback of 100 feet
from the edge of the designated road right-of-way unless the Planning Director or Hearings Body
finds that:
1. A location closer to the -a designated road would more effectively screen the wing
structure from the road; or protect a distant vista; or
2. The lot width dimensions makes a 100-foot setback not feasible; or
3_Buildings on both lots or parcels abutting the subject lot or parcel have front setbacks of
less than 100 feet and the abutting buildings en the a-hu Mg lots er parGel- are within
100 feet of the lot lines of the subject property, and the depth of the front setback area
is not less than the average depth of the front setback areas of the abutting lots or
parcels.
34. If the above findings are made, the Planning Director or Hearings Body may approve a
less restrictive front setback which will be appropriate to carry out the purpose of the
zone.
Exhibit F to Ordinance No. 2025-009 7 of 11
C. River and Stream Setbacks. All new structures or additions to existing structures shall have a
minimum setback of at least 100 feet from the ordinary high water Mark line of designated
streams and rivers or obtain a setback exception in accordance with DCC 18.120.030. For the
purpose of DCC 18.84.090LC decks are considered part of a structure and must conform with
the setback requirement.
The placement of on -site sewage ^pispe&a wastewater systems shall be subject to joint review by
the Planning Director or Hearings Body and the Deschutes County Onsite Wastewater Division.
The placement of such systems shall minimize the impact on the vegetation along the river or
stream and shall allow a dwelling unit to be constructed on the site as far from the river, stream
or lake as possible. Sand filter or alternative treatment technology systems may be required as
replacement systems when this will allow a dwelling unit to be set back -further from the
river or stream, or to meet the 100-foot setback requirement_
4'..D.Rimrock Setbacks. New structures (including decks or additions to existing structures) shall have
a minimum setback of 50 feet from the rimrock in an LM Zone. An exception to this setback may
be granted pursuant to the provisions of DCC 18.84.090(E).
D-.E.Rimrock Setback Exceptions. An exception to the 50-foot rimrock setback may be granted by the
Planning Director or Hearings Body, subject to the following standards and criteria.
1. An exception shall be granted when the Planning Director or Hearings Body finds one of
the following is mett4a-t:
a. A lesser setback will make the structure less visible or completely screened from
the river or stream--a4:
b. The subject lot or parcel was a lot of record prior to the adoption of this
ordinance;-er
c. Dwelling units (including decks) on both lots or parcels abutting the subject lot
or parcel are within 50 feet of the rimrock and the buildings on the abutting lots
or parcels are within 100 feet of the lot lines of the subject lot or parcelpreperly;
or
d. Adherence to the 50-foot setback would prevent the structure from being sited
on the lot or parcel.
2. A dwelling unit qualifying for a rimrock setback exception under the criteria set forth in
the above shall comply with all of the following standards .
a. The structure shall be designed and sited to minimize the visual impact when
viewed from the ordinary high water mark line on the far side of the river or
stream. This shall be determined by viewing the prepertV- of or parcel from the
ordinary high water marl(line immediately across from the center of the river
frontage on which the structure is proposed with like evaluations being made
300 feet upstream and downstream on either side of that point over the entire
length of river frontage on which the structure is proposed.
Exhibit F to Ordinance No. 2025-009 8 of 11
b. Existing trees and shrubs which reduce the visibility of the proposed structure
shall be retained.
c. The height of the structure shall not exceed the setback from the edge of the
rimrock, except as described in the exception section (f), below.
d. No structure (including decks) shall be located closer than 20 feet from the edge
of the rimrock unless the Planning Director or Hearings Body finds that the
lesser setback will make the structure less visible or the structure is completely
screened from the river or stream except as described in the exception section
(f), below.
e. Where multiple nonagricultural structures are proposed on a lot or parcel, the
structures shall be grouped or clustered so as to maintain a general appearance
of open landscape for the affected area. This shall require a -maintenance of at
least 65 percent open space along the rimrocks within- on the subject lots or
parcels.
f. Exception: For vacant lots or parcels less than one-half acre, existing prior to the
adoption of Ordinance 92.-034, with undulating rimrock, and where there are
lawfully established dwelling units within 100 feet of the abutting lot lines on
the subject property on both of the abutting lots or parcels with rimrock
setbacks less than the depth required in section (d) above, the dwelling unit
setback shall meet the following criteria:
1. The setback Shall he the average distance between the dwelling winitc nn
each abutting lot or parcel, as measured from each subject lot or
parcel's front lot line to the furthest point of the dwelling unit facing the
river or stream.
2. The height of the structure shall not exceed the height of the tallest
dwelling unit on an abutting lot or parcel and in no case shall exceed 24
feet, except for chimneys.
3. The highest ridgeline shall slope up and away from, and run parallel
with, the river or stream.
4. Dormers are prohibited on the riverside or streamside of the dwelling
unit and are allowed on the street -side of the dwelling unit with the
height not exceeding the height of the ridgeline.
5. The setback for decks on the rimrock side of the dwelling unit shall be
the average of the decks on the abutting lots or parcels as measured
from the front lot line of the subject property and in no case shall
extend and protrude over the rimrock.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 on 512911991
Exhibit F to Ordinance No. 2025-009 9 of 11
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2000-033 §3 on 121612000
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2005-002 §1 on 11512005
Amended by Ord. 2007-020 §5 on 21612008
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-009 §6 on 611WO25
18.84.091 Setbacks — Clear and Objective Standards Pursuant To DCC 22.08.040
A. Except as provided in DCC 18.84.091, the minimum setbacks shall be those established in the
underlying zone(s) with which an LM Zone is combined. The more restrictive setback
requirement shall govern in all cases.
B. Road Setbacks. All new structures or additions to existing structures on a lot or parcel with street
frontage on a designated landscape management road shall be set back at least 100 feet from
the front lot line with street frontage on a designated landscape management road.
C. River and Stream Setbacks. All new structures, on -site wastewater systems, and additions to
existing structures shall be set -back at least 100 feet from the ordinary high water line of
designated streams rivers and lakes. For the purpose of DCC 18.84.091(C), decks are considered
part of a structure and must conform with theis setback requirement. An exception to this
setback may be granted for additions to existing dweiiing unit, pursuant to the provisions of DCC
18.120.030(D).
D. Rimrock Setback. New structures (including decks or additions to existing structures) shall be 50
feet from the rimrock in an LM Zone.
HISTORY
Adopted by Ord. 2025-009 §6 on 611812025
CHAPTER 18.84A Appendix A. LM Zone: Approved Clear & Objective Color Palette
Pursuant to DCC 18.84.081 exterior siding for development reviewed under Clear and Objective Design
Review Standards in an LM zone must conform to the approved color palette. The following approved
palette of swatches is selected from the Miller Paint Northwest Color Collection. Proposed exterior finish
colors are required to match colors in the approved palette but do not need to be Miller Paint brand.
Exhibit F to Ordinance No. 2025-009 10 of 11
Tannic Tea
Rumch*ny
Mission Fig
Mulberry
Meraki
Chance
R132
R126
R120
R114
R108
R102
Moscow Mule
Apple of Granada
After party
9*mbastic
AvantGotNc
DeepW*l
R131
R125
R119
A113
R107
R101
ClWolateopal
Ardent Red
Hypnotic:
Durk7toawn
vialaceous
WamSabi
1139
R124
R118
R112
R106
R100
Indigo Leaves Dark Ages
R046 R090
E
Raven Gross foundation Trillion
R072 R066 R060
Garden Moss
Leather Panel
Caffe Amerkano
Chocolate Bark
R048
R042
R036
R030
Br uLAnteM
Rustic Timber
LeathwOttoman'
Dam Rafter
R047
R041;
R035
R029 '
Ambiguoust"ack Coaleiack
R024 I R018
IV* MichuglIt Ntn
RAt 9
CHAPTER 18.88 WILDLIFE AREA COMBINING ZONE; WA
18.88.050 Dimensional Standards — General/Discretionary Standards
18.88.051 Dimensional Standards — Clear and Obiective Standards Pursuant To DCC 22.08.040
18.88.010 Purpose
The purpose of the Wildlife Area Combining Zone is to conserve important wildlife areas in Deschutes
County; to protect an important environmental, social, and economic element of the area; and to permit
development compatible with the protection of the wildlife resource.
HISTORY
Adopted by Ord. PL-15 §4.190(1) on 111111979
Amended by Ord. 93-043 §§13 and 13A on 812511993
Amended by Ord. 2025-009 §7 on 611812025
18.88.020 Application Of Provisions
The provisions of DCC 18.88 shall apply to all areas identified in the Comprehensive Plan as a winter deer
range, significant elk habitat, antelope range, or deer migration corridor. Unincorporated eempAunities
Communities are exempt from the provisions of DCC 18.88.
HISTORY
Adopted by Ord. PL-15 §4.190(2) on 111111979
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 96-003 §6 on 312711996
Amended by Ord. 2004-013 §9 on 912112004
Amended by Ord. 2025-009 §7 on 611812025
18.88.040 Uses Permitted Conditionally
A. Except as provided in DCC 18.88.040(B), in a zone with which the WA Zone is combined, the
conditional uses permitted shall be those permitted conditionally by the underlying zone subject
to the provisions of the Comprehensive Plan, DCC 18.128 and other applicable sections of this
title. To minimize impacts to wildlife habitat, the County may include conditions of approval
limiting the duration, frequency, seasonality, and total number of all outdoor assemblies
occurring in the WA Zone, whether or not such outdoor assemblies are public or private, secular
or religious.
B. The following uses are not permitted in that portion of the WA Zone designated as deer winter
ranges, significant elk habitat, or antelope range:
1. Golf course, not included in a destination resort;
2. Commercial dog kennel;
3. Public or private school;
Exhibit G to Ordinance No. 2025-009 1 of 6
4. Bed and breakfast inn;
5. Dude ranch;
6. Playground, recreation facility or community center owned and operated by a
government agency or a nonprofit community organization;
7. Time-share unit;
8. Veterinary clinic;
9. Fishing lodge.
C. Subject to DCC 18.88.040(E), the following uses are permitted in that portion of the WA zone
designated as the Bend/La Pine Deer Migration Corridor as conditional uses:
1. Religious institutions or assemblies;
2. Public or private school;
3. Bed and breakfast inn;
4. Playground, recreation facility or community center owned and operated by a
government agency or a nonprofit community organization;
D. Subject to DCC 18.113, destination resorts are allowed as a conditional use in that portion of the
WA zone designated as the Bend/La Pine Deer Migration Corridor as long as the property is not
in an area designated as "Deer Migration Priority Area" on the 1999 ODFW map submitted to
the South County Regional Problem Solving Group.
E. Use limitations. The uses listed in DCC 18.88.040(C) are subject to the applicable provisions of
DCC 18.116 and 18.124 and the following criteria:
1. The lot or parcel shall be zoned RR-10;
2. The lot or parcel shall be located within one -quarter mile of a rural service center and
abut a rural collector or a rural arterial identified on the Deschutes County
Transportation Plan;
3. The lot or parcel shall be have a lot area not less than one acre and no more than five
acres;
4. The lot or parcel shall be farther than 100 feet from identified wetlands, floodplains, or
riparian areas.
5. The lot or parcely shall be outside areas designated as "Existing High Use
Migration Areas" or "Important Connective Areas Through Existing Developed Areas" on
the 1997 ODFW map submitted to the South County Regional Problem Solving Group.
6. Fences developed as part of the conditional uses listed in DCC 18.88.040(C) shall be built
from posts and poles or smooth wire and shall have a minimum bottom pole or wire
height of 18 inches from the ground and a maximum top pole or wire height of 40 inches
Exhibit G to Ordinance No. 2025-009 2 of 6
from the ground. Fences exempted from these standards shall be constructed in
accordance with the provisions of DCC 18.88.070(B).
F. Expansion of any use listed in DCC 18.88.040(B) that was lawfully established prior to August 5,
1992, is allowed, subject to provisions of DCC Title 18 applicable to the establishment of such
uses. Expansion of golf courses under DCC 18.88.040 shall be limited to a final size of 18 holes.
HISTORY
Adopted by Ord. PL-15 §4.190(4) on 111111979
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 95-001 §3 on 312911995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 98-013 §1 on 112811998
Amended by Ord. 2001-019 §1 on 412512001
Amended by Ord. 2018-003 §1 on 112512018
Amended by Ord. 2020-001 §11 on 412112020
Amended by Ord. 2025-002 §21 on 212612025
Amended by Ord. 2025-009 §7 on 611WO25
18.88.050 Dimensional Standards — General/Discretionary Standards
In a WA Zone, the following dimensional standards shall apply:
A. In the Tumalo, Metolius, North PaulinaL and Grizzly deer winter ranges designated on4"the
QwnpFeheRsive D aR ReseuFee Element County's official zoning map, the minimum lot size for
new lots or parcels shall be 40 acres except as provided in DCC 18.88.050(D).
B. In areas designated as significant elk habitat in the GampFeheRsi e Plan R se-urGe Element
County's official zoning map, the minimum lot size for new lots or parcels shall be 160 acres.
C. In areas designated as antelope range in the n^mprehensive Dlan °^s^,-Fee ElemeR` County's
official zoning map, the minimum lot size for new lots or parcels shall be 320 acres.
D. Residential land divisions, including partitions, in deer winter range where the underlying zone is
RR-10 or MUA-10, shall not be permitted except as a planned development or cluster
development conforming to the following standards:
1. The minimum lot area for a planned or cluster development shall be at least 40 acres.
2. The planned or cluster development shall retain a minimum of 80 percent of the lot area
as open space and conform with the provisions of DCC 18.128.200 or DCC 18.128.210.
3. Notwithstanding thePF0Vi549ASl,f nnr 1 8 4 22Q 2nnL OF nrr 19.129.210, nrr
3� 691�b9_other provisions in Title 18, the total number of dwelling units in a cluster
development may not exceed the density permitted in the underlying zone.
E. Residential land divisions, including partitions, in the Bend/la Pine Deer Migration Corridor
designated on the County's official zoning map where the underlying zone is RR-10 shall not be
permitted except as a cluster development conforming to the following standards:
Exhibit G to Ordinance No. 2025-009 3 of 6
1. The minimum lot area for a cluster development shall beat least 20 acres.
2. The cluster development shall retain a minimum of 80 percent of the lot area as open
space and conform with the provisions of DCC 18.128.200 or 210.
3. Notwithstanding other provisions in Title 18the pFevisiens ^f nrr , Q 2-Q 209 GF nrr
19.69.960(G), the total number of dwelling units in the cluster development may not
exceed the density permitted in the underlying zone.
HISTORY
Adopted by Ord. PL-15 §4.190(6) on 111111979
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2025-002 §21 on 212612025
Amended by Ord. 2025-009 §7 on 611812025
18.88.051 Dimensional Standards — Clear and Objective Standards Pursuant To DCC 22.08.040
In a WA Zone, the following dimensional standards shall apply:
A. In the Tumalo, Metolius, North Paulina, and Grizzly deer winter ranges designated on the
County's Official Zoning map, the minimum lot for new lots or parcels shall be 40 acres except as
provided in DCC 18.88.051(D).
B. In areas designated as significant elk habitat in the designated +Ron the County's Official Zoning
man the minimum lot size for new lots or parcels shall be 160 acres.
C. In areas designated as antelope range in the designated on the County's Official Zoning map, the
minimum lot size for new lots or parcels shall be 320 acres.
D. Land divisions creating lots or parcels eligible for a dwelling unit in deer winter range where the
underlying zone is RR-10 or MUA-10, are not permitted.
E. Land divisions creating lots or parcels eligible for a dwelling unit in the Bend/La Pine Deer
Migration Corridor designated on the County's Official Zoning map where the underlying zone is
RR-10 are not permitted.
HISTORY
Adopted by Ord. 2025-009 §7 on 611812025
18.88.060 Siting Standards
A. Setbacks shall be those described in the underlying zone with which the WA Zone is combined.
B. Dwelling Unit Placement.
1. General/Discretionary Standard: The structural footprint, including decks and porches,
for new dwelling units shall be located entirely within 300 feet of public roads, private
Exhibit G to Ordinance No. 2025-009 4 of 6
roads, or recorded easements for vehicular access existing as of August 5, 1992., unless it
can be found that:
a. Habitat values (i.e., browse, forage, cover, access to water) and migration
corridors are afforded equal or greater protection through a different
development pattern; or,
b. The siting within 300 feet of such roads or easements for vehicular access would
force the dwelling unit to be located on irrigated land, in which case, the
dwelling unit shall be located to provide the least possible impact on wildlife
habitat considering browse, forage, cover, access to water, and migration
corridors, and minimizing length of new access roads and driveways; or,
c. The dwelling unit has a maximum setback of no more than 50 feet from the
edge of a driveway that existed as of August 5, 1992.
2. Clear and Objective Standard pursuant to DCC 22.08.040: The structural footprint,
including decks and porches for dwelling unit shall be located entirely within 300 feet of
public roads private roads or recorded easements for vehicular access existing as of
August 5, 1992.
&.C.General/Discretionary Standards: Submitting evidence ff-or purposes of DCC 18.88.060(B)(1):
A private road, easement for vehicular access, or driveway will conclusively be regarded
as having existed prior to August 5, 1992, if the applicant submits any of the following:
a. A copy of an easement recorded with the County Clerk prior to August 5, 1992,
establishing a right of ingress and egress for vehicular use;
b.—An aerial photograph with proof that it was taken prior to August 5, 1992, on
which the roads or driveway allowing vehicular access is visible;
1. An aerial photograph will be found to meet DCC 18.88.060(C)(1)(b) if
and only if a continuous improved, or cleared vehicular travel surface of
at least 10 feet in width is clearly visible on such photograph.
b-c_A map published prior to August 5, 1992, or aAssessor's map from prior to
August 5, 1992, showing the road (but not showing a mere trail or footpath).
An applicant may submit any other evidence thought to establish the existence of a
private road, easement for vehicular access, or driveway as of August 5, 1992, which
evidence need not be regarded as conclusive.
D. Clear and Objective Standards pursuant to DCC 22.08.040: Submitting evidence for purposes of
DCC 18.88.060(B)(2):
1 A private road easement for vehicular access or driveway will conclusively be regarded
as having existed prior to August 5 1992, if the applicant submits any of the following:
Exhibit G to Ordinance No. 2025-009 5 of 6
a. A copy of an easement recorded with the County Clerk prior to August 5, 1992,
establishing a right of ingress and egress for vehicular use,
b. United States Geological Survey Topographic Map published prior to August 5,
1992 showing the road (but not showing a mere trail or footpath).
HISTORY
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 95-001 §3 on 312911995
Amended by Ord. 2025-002 §21 on 212612025
Amended by Ord. 2025-009 §7 on 611812025
Exhibit G to Ordinance No. 2025-009 6 of 6
CHAPTER 18.90 SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE; SBMH
18.90.060 Site Plan Review Criteria — General/Discretionary Criteria
18.90.061 Site Plan Review Criteria — Clear and Objective Criteria Pursuant To DCC 22.08.040
18.90.010 Purpose
The purpose of the Sensitive Bird and Mammal Combining Zone is to iRsupeensure that sensitive habitat
areas identified in the County's Goal 5 sensitive bird and mammal inventory as critical for the survival of
the northern bald eagle, great blue heron, golden eagle, prairie falcon, osprey, great grey owl, and the
Townsend's big -eared bat are protected from the effects of conflicting uses or activities which are not
subject to the Forest Practices Act. This objective shall be achieved by implementation of the decision
resulting from the economic, social, environmental, and energy analysis (ESEE) for each inventoried
sensitive habitat area.
HISTORY
Adopted by Ord. 92-042 §2 on 81511991
Amended by Ord. 94-005 §1 on 611511994
Amended by Ord. 2015-011 §2 on 1211112015
Amended by Ord. 2025-009 §8 on 611812025
18.90.020 Definition Of Sensitive Habitat Area
A. The sensitive habitat area is the area identified in the Deschutes County Comprehensive Plan
Natural Resources Element inventory and the C.ounty's official zoning map i'RyeRtGryand site
specific ESEE for each sensitive bird or mammal site. The sensitive habitat area to be protected
by the provisions of DCC 18.90 is defined as the area:
1. Within a radius of 1,320 feet of a golden eagle, bald eagle, prairie falcon nest, or a
Townsend's big -eared bat hibernating or nursery site.
2. Within a radius of 300 feet of a great blue heron rookery or osprey nest.
3. Within a radius of 900 feet of a great grey owl nest site.
B. Inventoried sensitive bird or mammal sites located on federal land are not subject to the
provisions of DCC 18.90 unless the sensitive habitat area identified in DCC 18.90.020(A)(1)
extends onto nonfederal land.
HISTORY
Adopted by Ord. 92-042 §2 on 81511991
Amended by Ord. 93-043 §14 on 812511993
Amended by Ord. 94-005 §1 on 611511994
Amended by Ord. 2015-011 §1 on 1211112015
Amended by Ord. 2025-009 §8 on 611812025
Exhibit H to Ordinance No. 2025-009 1 of 4
18.90.050 Site Plan Review Requirement
A. For those proposals identified in DCC 18.90.040 to be sited within an inventoried sensitive
habitat area, as defined under DCC 18.90.020, a site plan shall be prepared in accordance with
the requirements of DCC 18.90.050. The site plan shall be approved prior to issuance of a
building permit, land division, conditional use permit, or site plan identified in DCC 18.90.040.
B. The site plan application shall provide the following information:
1. A plot plan showing the location of all development including existing and proposed
roads, driveways, and structures.
2. Description of operating characteristics of the proposed use including times when
activity within the sensitive habitat area would generate noise, dust, vibration, lights,
traffic, or be visible from the nest, rookery or hibernation site.
3. Timing of construction activities including grading or filling land, hauling materials, and
building.
4. Description of existing vegetation and vegetation to be removed for the proposed
development.
C. The County shall submit a copy of the site plan to the Oregon Department of Fish and Wildlife
for comment. ODFW shall have 20 days from the date the site plan is mailed to submit written
comments to the County.
D. Based upon the record, and evaluation of the proposal based on the criteria in DCC 18.90.060 or
18.90.061 as applicable, and conformance with the specific ESEE analysis for the site
the Rese Fr- Element of the C Y..,pFehensive PaR the County shall approve or reject the site
plan. In lieu of rejection of the site plan, the County may allow the applicant to revise the site
plan if the applicant has not met the standards for approval. The Aapplicant shall waive the 150-
day time limit if it chooses to revise the site plan.
E. Approval of a site plan under DCC 18.90.050 shall be conditioned upon appIiGa4t!--the property
owner's implementation of the plan.
HISTORY
Adopted by Ord. 92-042 §2 on 81511991
Amended by Ord. 93-043 §14B on 812511993
Amended by Ord. 94-005 §1 on 611511994
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2015-011 §2 on 1211112015
Amended by Ord. 2020-007 §14 on 1012712020
Amended by Ord. 2025-002 §23 on 212612025
Amended by Ord. 2025-009 §8 on 611812025
18.90.060 Site Plan Review Criteria — General/Discretionary Criteria
Approval of the site plan shall be based on the following criteria:
Exhibit H to Ordinance No. 2025-009 2 of 4
A. The site plan shall consider the biology of the identified sensitive species, nesting trees, critical
nesting periods, roosting sites, and buffer areas. Based on the biology of the species and the
characteristics of the site, the site plan shall provide protection that will prevent destruction of
the subject nesting site, hibernation site, or rookery and will, to a reasonable certainty, avoid
causing the site to be abandoned.
Development activities, including gFad;^^ and fiilea rthmoving, mining, construction, or activities
generating noise or dust within the sensitive habitat area shall be prohibited during the nesting,
strutting, or hibernation season identified in the site specific ESEE analysis and decision for each
habitat site. An exception to this standard may be made if the Oregon Department of Fish and
Wildlife determines in writing that the nest; or rookery is not active and will not become active
during the proposed construction period or if the sensitive birds have fledged. Construction
activities within an enclosed structure may be conducted during the nesting, strutting, or
hibernation season. Construction activities necessary to repair an existing onsite septic system or
to replace or repair a structure destroyed or damaged by fire or other natural causes may be
conducted during the nesting, strutting, or hibernation season.
C. New roads, driveways, or public trails shall be located at the greatest distance possible from the
nest, rookery, or hibernation site unless topographic or vegetation or structural features will
provide greater visual and/or noise buffer from the nest, rookery, or hibernation site.
D. Existing vegetation or other landscape features which are located on the subject pFeper-ty-Lot or
ap rcel and which obscure the view of the nest, rookery, or hibernation site from the proposed
development, shall be preserved and maintained. A restrictive covenant to preserve and
maintain vegetation ,shall be required when specified in the ESEE for the site.
E. No partitions or subdivisions shall be permitted which would force location of a dwelling unit or
other structure, not otherwise permitted by the site specific ESEE, within the designated
sensitive habitat area.
F. All exterior lighting, including security lighting shall be sited and shielded so that the light is
directed downward and does not shine on the subject nest, rookery, or hibernation site.
G. The site plan shall conform with the requirements of the ESEE decision for the subject sensitive
bird or mammal site contained in the Natural Resources Element of the Deschutes County
Comprehensive p lan.
HISTORY
Adopted by Ord. 94-005 §1 on 611511994
Amended by Ord. 2015-011 §2 on 1211112015
Amended by Ord. 2025-002 §23 on 212612025
Amended by Ord. 2025-009 §8 on 611W025
18 90 061 Site Plan Review Criteria — Clear and Obiective Criteria Pursuant To DCC 22.08.040
Approval of the site plan shall be based on the following criteria:
Exhibit H to Ordinance No. 2025-009 3 of 4
A. The site plan shall conform with the requirements of the ESEE decision for the subiect sensitive
bird or mammal site. Where the ESEE decision provides the option to reduce a requirement
through discretionary standards or review, such option shall only be available under the
General/Discretionary Criteria in DCC 18.90.060.
B. The following additional limitations shall apply. In the event of conflicting provisions between
the following standards and the ESEE decision, the more restrictive provision shall control:
1. All development within the sensitive habitat area shall be prohibited during the time
period identified in the site specific ESEE decision for each habitat site. This provision
supersedes any allowance for development during the time period identified.
Construction activities within an enclosed structure may be conducted during the
identified period.
2. New roads or driveways shall beset back at least 500 feet from the sensitive habitat site.
3. Existing vegetation or other landscape features which are located on the subject lot or
parcel between the proposed development and the sensitive habitat site shall be
preserved and maintained. A restrictive covenant to preserve and maintain vegetation
shall be required when specified in the ESEE for the site.
4. Land divisions creating lots or parcels eligible for a dwelling unit are prohibited.
5. Exterior Lighting.
a. All exterior lighting, including security lighting, shall be sited and designed as a
lull cut-off fixture or have a shielding method to direct light emissions down
onto the site and not shine direct illumination on the sensitive habitat site.
b. For the purposes of these lighting standards, the following definitions shall
apply:
i. Full cut-off means a light fixture designed and constructed so light is
directed down and no light is projected above the horizontal plane.
4ii. Shielding means an externally applied device such as a shroud or
hood of metal, wood, opaque plastic, or opaque painted glass so
light emitted by the fixture is directed downward below the
horizontal plane.
HISTORY
Adopted by Ord. 2025-009 §8 on 611812025
Exhibit H to Ordinance No. 2025-009 4 of 4
CHAPTER 18 108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.040 Multiple Unit Residential; RM District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright
subject to the applicable provisions of DCC 18.116, DCC 18.124, and DCC Title 17:
1. A duplex.
2. Multi -unit dwellings and dwelling unit groups, including townhouses and condominiums.
3. Uses permitted outright in the RS District.
4. Planned *t develepments and Fedeyela o,t
*.A Recreational path.
6-5. Residential home.
7-6. Residential facility.
8-.L. Type 1 Home Occupation, subject to DCC 18.116.280.
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC
18.116, 18,124, and 18.128:
1. Park, playground and picnic and barbecue area.
2. Fire station.
3. Library.
4. Museum.
5. Utility substations or pumping stations with no equipment storage or sewage treatment
facilities.
6. Off-street parking lots when abutting a less restrictive zoning district.
7. Community center.
8. Religious institutions or assemblies.
9. Temporary sales office for on -site dwelling units.
10. Interval ownership and/or time-share unit or the creation thereof.
11. Health and fitness facility.
C. Height Regulations. No structure shall be hereafter erected, enlarged, or structurally altered to
exceed 30 feet in height.
D. Lot or Parcel Requirements. The following lot or parcel requirements shall be observed:
1. Duplexes and multi -unit dwellings:
Exhibit I to Ordinance No. 2025-009 1 of 3
a. Lot Area. Every lot or parcel shall have a minimum lot area of 5,000 square feet
for the first dwelling unit, plus the following minimum lot area based upon the
number of bedrooms per additional dwelling unit in the following table:
Studio or Efficiency
750 sq. ft.
1 Bedroom
1,000 sq. ft.
2 Bedrooms
1,500 sq. ft.
3 Bedrooms
2,250 sq. ft.
4 Bedrooms
2,500 sq. ft.
The overall density shall not exceed eight dwelling units per acre.
b. Lot Width. Every lot or parcel shall have a minimum lot width of 50 feet.
c. Frontage. Every lot or parcel shall have a minimum street frontage of 50 feet,
except that on an approved cul-de-sac this may be reduced to 30 feet.
d. Front Setback. The front setback shall be a minimum of 10 feet.
e. Side Setback. There shall be a minimum side setback of five feet and the sum of
the side setbacks shall be a minimum of 15 feet. The side setbacks shall be
increased by one-half foot for each foot by which the structure height exceeds
15 feet.
f. Rear Setback. The rear setback shall not be less than five feet. The rear setback
shall be increased by one-half foot for each foot by which the structure height
exceeds 15 feet.
g. Lot Coverage. Lot coverage shall not exceed 40 percent of the total lot area.
2. Townhouses, condominiums, and zero lot line dwelling units, and plaRRed „Rit
de ele nt
a. There shall be no minimum lot area for townhouse, condominium, and zero lot
line developments, eF planned unit develepme provided, however, that the
overall density shall not exceed eight dwelling units per acre.
b. Setbacks. Setbacks, lot widths and lot coverage shall be determined at the time
of site plan approval.
3. Single -Unit Dwe►lings-_
a. Lot widths, setbacks and lot coverage shall be the same as provided in the RS
District, provided that the overall density shall not exceed eight dwelling units
per acre.
Exhibit I to Ordinance No. 2025-009 2 of 3
E. Off -Street Parking. Off-street parking shall be provided for a minimum of two cars per dwelling
unit.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 99-036 §1 on 1211511999
Amended by Ord. 2004-002 §22 on 412812004
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2025-002 §23 on 212612025
Amended by Ord. 2025-009 §9 on 611812025
Exhibit I to Ordinance No. 2025-009 3 of 3
CHAPTER 18.116 SUPPLEMENTARY PROVISIONS
18.116.390 Identification of Certain Features for Clear and Objective Applications Pursuant To DCC
22.08.040
18.116.400 Land Divisions
18.116.160 Rimrock Setbacks Outside Of LM Combining Zone
A. General/Discretionary Standards:
1. All structures, including decks, within 50 feet from the edge of a rimrock, as defined in
DCC 18.04.030, shall be subject to site review if visible from the river or stream. Prior to
approval of any structure within 50 feet of a rimrock, the Planning Director or Hearings
Body shall make the following findings: All structures, including decks, shall be set back a
minimum of 20 feet from the edge of the rimrock.
2. The height of the structure shall not exceed the setback from the edge of the rimrock.
3. Existing trees and shrubs which reduce the visibility of the proposed structure shall be
retained.
4_Where multiple structures are proposed on a lot or parcel, the structures shall be
grouped or clustered so as to maintain a general appearance of open landscape for the
e#ec-tedaffected area. This shall require a maintenance of at least 65 percent open space
along all rimrocks.
B. Clear and Objective Standards Pursuant To DCC 22.08.040:
1. All structures, including decks, shall have a minimum setback of 50 feet from the edge of
a rimrock.
2. Existing trees and shrubs that are located between the rimrock and the proposed
structure shall be retained.
3. At least 65 percent of the lot area within 100 feet of the upper most ledge of rimrock
shall be maintained as open space. The required open space must either be entirely
planted with landscaping or the natural landscape must be preserved. Plantings shall
conform with the defensible space standards of DCC Chapter 8.21. Where multiple
structures are proposed on a lot or parcel, the structures shall be wholly located within a
200-foot diameter circle.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 81-015 §1 on 411411981
Amended by Ord. 82-013 §2 on 512511982
Amended by Ord. 85-016 §2 on 71311985
Amended by Ord. 86-053 §21 on 613011986
Exhibit J to Ordinance No. 2025-009 1 of 3
Amended by Ord. 88-004 §1 on 112711988
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §3 on 41811992
Amended by Ord. 2025-002 §30 on 212612025
Amended by Ord. 2025-009 §10 on 611812025
18.116.390 Identification of Certain Features for Clear and Objective Applications Pursuant To DCC
22.08.040
For applications reviewed under Clear and Objective standards pursuant to DCC 22.08.040, the following
procedures will be used as applicable to determine whether standards and criteria are met:
A. Determining the Ordinary High Water Line (OHWL
1 The elevation of the OHWL shall be determined by a field assessment conducted by a
qualified biologist in accordance with OAR 141-085-0515(3). For the purposes of this
criteria a "qualified biologist" is a person who has a minimum of a bachelor's degree in
wildlife or fisheries habitat biology, or a related degree in a biological field from an
accredited college or university with a minimum of four years' experience as a practicing
fish or wildlife habitat biologist.
2 The OHWL shall be identified flagged and documented per subsection (3), and labeled
on survey plans prepared by a licensed professional surveyor registered in the state of
Oregon.
3. OHWL Documentation.
a. Photographs shall be taken both up- and down -stream of the project site and
both banks- after OHWL markers are set. Photos shall include field indicators
and the location of the placed markers.
b. A written explanation or justification of observations shall accompany each
photo.
B. Measuring and Calculating Volume of Fill or Removal
1. Fill or removal volume shall be calculated in accordance with the specifications
of OAR 141-085-0525.
HISTORY
Adopted by Ord. 2025-009 §10 on 611W025
18.116.400 Land Divisions
A General/Discretionary Standard: Partitions and subdivisions are subject to the applicable
provisions of Title 17 and Title 18 except as modified by the following:
1 Cluster developments are allowed as conditional uses in MUA-10, RR-10, TER zones and
subject to DCC 18.128.
Exhibit J to Ordinance No. 2025-009 2 of 3
2. Planned developments are allowed as conditional uses in SURM, MUA-10, RR-10 zones
and subiect to DCC 18.128.
3. In the MUA-10 zone, cluster and planned developments shall be allowed an equivalent
density of one unit per seven and one-half acres and planned and cluster developments
within one mile of an acknowledged urban growth boundary shall be allowed a five acre
minimum lot area or equivalent density.
4. In the RR-10 zone, cluster and planned developments shall be allowed an equivalent
density of one unit per 7.5 acres. Planned and cluster developments within one mile of
an acknowledged urban growth boundary shall be allowed a five -acre minimum lot area
or equivalent density.
5. In an SURM zone, there shall be no minimum lot area for planned developments
provided that the overall density shall not exceed eight dwelling units per acre.
B. Clear and Objective Standard pursuant to DCC 22.08.040: Partitions and subdivisions are subiect
to the applicable provisions of Title 17 and Title 18.
HISTORY
Adopted by Ord. 2025-009 §10 on 611812025
Exhibit 1 to Ordinance No. 2025-009 3 of 3
CHAPTER 18.120 EXCEPTIONS
18.120.030 Exceptions To Setback Requirements
The following exceptions to setback requirements may be authorized for a lot or parcel in any zone:
A. If there are buildings on both lots or parcels abutting an intervening lot or parcel that are within
100 feet of the intervening lot or parcel, and the buildings have front setbacks of less than the
minimum required for the zone, the front setback for the intervening lot or parcel need not
exceed the average measurement of the front setbacks of the abutting lots or parcels.
B. Cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project more than
three feet into a required front, rear, or side setback area, provided that the projection is not
closer than three feet to a lot line.
C. The following features are not subject to front, rear, or side setbacks:
1. Steps, terraces, platforms, and porches having no roof covering;
2. Utility infrastructure, at or below finished grade;
3. Utility poles and transmission lines;
4. Utility boxes not interfering with the vision clearance requirements;
5. Outdoor improvements at finished grade, including, but not limited to, paved areas,
driveways, or walkways;
6. Jlgns conforming to the requirements of DCC Title 15 and Title 18.
7. Fences conforming to the requirements of DCC 18.116.120.
D_An addition to an existing lawfully established dwelling unit which is within 100 feet of the
ordinary high water mark line along a stream, river, or lake may be constructed provided the
following are met:
1. The addition is for an expansion of the dwelling unit; ,
2_-RNo part of the addition is closer to the stream, river, or lake than the existing
^siden ial stF rtwF^dwelling unit's structural footprint;
3_,4The floor area ef-for the addition is 900 square feet or less and does not exceed the
floor area of the existing;z- dwelling unit; and
9-.4AThe addition conforms with all other applicable setbacks, zoning standards, and
building limitations.
&E. For applications reviewed under General/Discretionary Standards pursuant to DCC 22.08 040
Odwelling units on lots or parcels created prior to November 1, 1979; may be granted an
exception to the 100-foot setback from the ordinary high water mark line along a stream, river,
or lake, pursuant to DCC 18.84.090, subject to DCC Title 22, the Wnife-Fm Development
and the following conditions in subsections (1) — (4). Applications
Exhibit K to Ordinance No. 2025-009 1 of 6
reviewed under Clear and Objective Standards pursuant to DCC 22.08.040 are not eligible for
this setback exception.:
1. An application shall be filed which includes:
a. A detailed explanation of the planned development.
b. An explanation of why an exception is necessary.
c. A site plan, drawn to scale, and accompanied by such drawings, sketches, and
descriptions necessary to describe and illustrate the proposed development. The
site plan shall, at a minimum, include:
1. An inventory of existing vegetation, including trees on the lot or parcel
located within 200 feet of the ordinary high water marline along the
stream, river, or lake. The inventory shall be in sufficient detail to allow
the review and evaluation of the impacts of the proposed development.
2. Proposed modifications of the vegetation on the lot or parcel within 200
feet of the ordinary high water marline along the stream, river, or lake,
including the size, species, and approximate locations of existing
vegetation to be retained and new vegetation proposed to be placed
upon the site.
3. Existing and proposed site contours.
4. The locations and dimensions of all structures, pr- t lot lines,
easements, ordinary high water marks, utilities, and uses.
5. Other site elements and information that will assist in the evaluation of
the proposed development.
d. An explanation of how the proposed development will satisfy each of the
exception criteria set forth in DCC 18.120.030(E)(4)(b).
2. An exception may be granted only upon findings that:
a. The structure to be sited is a dwelling unit with a structural footprint that is no
greater than 40 feet in depth (including garages, carports, and decks);
b. Adherence to the 100-foot setback would create a hardship, as defined in DCC
18.120.030(E)(3), preventing such a dwelling unit from being sited on the lot or
parcel;
c. The site plan protects and enhances the vegetative fringe between the dwelling
unit and the stream, river, or lake to the degree necessary to meet the
requirements set forth in the applicable goals and policies of the Comprehensive
Plan; and
d. A conservation easement providing that the elements of the site plan will be
carried out and maintained as approved, in perpetuity, for the area between the
Exhibit K to Ordinance No. 2025-009 2 of 6
ordinary high water mark line and the dwelling unit has been conveyed to the
County.
3. For the purposes of DCC 18.120.030, a hardship exists in one or more of the following
situations:
a. Adherence to setbacks required by the zoning ordinance in effect at the time of
the application made under DCC 18.120.030 would prevent the dwelling unit
from being sited on the lot or parcel, if the 100-foot setback were observed;
b. The siting of a legal on -site wastewater septic disposal system, placed on the lot
or parcel prior to November 1, 1979, makes it impossible for the dwelling unit to
meet the 100-foot setback;
c. Any approved initial on -site wastewater septic sewage -d+spesal-system and
replacement system other than a sand filterA or an alternative treatment
technology system cannot be sited on the lot or parcel in a manner that will
allow the dwelling unit to meet the 100-foot setback requirement;
d. If the only initial on -site wastewater septic sewage dispesal system for which
approval can be obtained is a sand filter system or an alternative treatment
technology system and such a system and its replacement system cannot be
sited on the lot or parcel in a manner that will allow the dwelling unit to meet
the 100-foot setback requirement; or
e. Dwelling units exist on both abutting lots or parcels that are closer to the
stream, river, or lake than the proposed dwelling unit and such existing dwelling
units are located within 40 feet of the proposed dwelling unit. If utilization of a
sand filter system or alternative treatment system as a replacement system will
allow such a dwelling unit to meet the 100-foot setback, no exception shall be
granted for reasons of on -site sewage disposal constraints.
4. Dwelling units qualifying for a setback exception under the criteria set forth above shall
be located as follows:
Except as set forth in DCC 18.120.030(E)(4)(b), the dwelling unit must be located
as far as possible from the ordinary high water aaFIFline of the stream, river, or
lake, allowing for the hardship constraints identified for the property.
1. In instances where use of a sand filter system or alternative treatment
s sy tem for a replacement system would allow the dwelling unit to be
located further from the stream, river, or lake than if another type of
replacement system were utilized, the dwelling unit shall be sited in a
manner to allow only enough room for the approved initial on -site
wastewater septic sewage this system and a sand filter system or
alterative treatment technology system as a replacement system.
b. Where a dwelling unit qualifies for a setback by virtue of DCC
18.120.030(E)(3)(e), the dwelling unit may be set back at a distance from the
Exhibit K to Ordinance No. 2025-009 3 of 6
ordinary high water !( line consistent with the dwelling units on the abutting
lots or parcels, but in no case shall any part of such dwelling unit be located
closer to the ordinary high water line k-than a line extending between the
points of the dwelling units on the abutting lots or parcels that are closest to the
stream, river, or lake.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 81-003 §1 on 112111981
Amended by Ord. 81-005 §1 on 112711981
Amended by Ord. 84-002 §1 on 312111984
Amended by Ord. 86-032 §1 on 41211986
Amended by Ord. 90-020 §2 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 93-043 §§20A and 8 on 812511993
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2004-013 §13 on 912112004
Amended by Ord. 2025-002 §30 on 212612025
Amended by Ord. 2025-009 §11 on 611812025
18.120.040 Structure Height Exceptions
A. The following structures or structural parts are not subject to the building height limitations of
DCC Title 18, except in the Airport Development Zone, Airport Safety Combing Zone, or
Landscape Management Combining Zone:
1. Chimneys and vents, not more than three feet six inches above the highest point of the
roof;
2. Vertical support structures for telephone and power transmission lines in utility
easements or public rights -of -way, not requiring a site plan review as defined in DCC
18.124.060;
3. Flagpoles not exceeding 40 feet;
4. Agricultural buildings or equine facilities as defined in DCC 18.04.030 not exceeding 36
feet; and
5. Amateur radio facilities as outlined in DCC Title 18.116.290.
B. For the purposes of calculating structural height, the following method may be used as a
discretionary alternative when determining average grade:
1. Perimeter Sampling Method: The average of eight measurements around the entire
structural footprint perimeter, with the first measurement point starting at the lowest
Exhibit K to Ordinance No. 2025-009 4 of 6
finished grade abutting the structure, and subsequent measurement points spaced
equidistantly along the finished grade abutting the structure.
C. The following structures or structural parts may receive exceptions to the building height
limitations of DCC Title 18 if approved as part of a Site Plan Review, as defined in DCC 18.124.060
and subject to the criteria contained therein. However, this exception does not supersede the
more restrictive requirements that are found in the Airport Safety Combining Zone or Landscape
Management Combining Zone:
1. Non-commercial wind energy systems generating less than 100 kW of electricity;
2. Public schools;
3. Vertical support structures for telephone and power transmission lines requiring a site
plan;
4. Structures that are necessary for public safety; and
5. Flagpoles.
D. For applications reviewed under General/Discretionary Standards pursuant to DCC 22.08.040,
aAn exception (up to 36 feet) to the building height limitations for structures not otherwise
exempted by DCC 18.120.040(A) may be approved upon findings t au.consistent with
subsections (1) through (5). Applications reviewed under Clear and Objective Standards pursuant
to DCC 22.08.040 are not eligible for this building height exception.
1. The structure is not located in a Landscape Management Zone, except when the
structure is a single -unit dwelling with an attached hangar located in an unincorporated
community and the structure has a maximum height of 35 feet including chimneys,
antennas, flagpoles, or other projections from the roof of the structure;
2. The structure is not located within 100 feet of any rimrock, as defined in DCC 18.04.030;
3. After consultation with the applicable fire department, the proposed height does not
exceed the height limitation of the department's fire fighting equipment, considering the
evacuation of the building's occupants and the fire fighting requirements of the
department;
4. The proposed additional height will not adversely impact scenic views from existing
nearby dwelling units; and-
5. The proposed structure shall relate harmoniously to the natural environment and
existing development, minimizing visual impacts and preserving natural features
including views and topographical features.
E. An exception to building height limitations for agricultural buildings or equine facilities may be
approved upon findings that the applicant meets the criteria listed in DCC 18.120.040(C)(1)
through (3) and demonstrates that the proposed structure is:
1. An agricultural building or equine facility as defined in DCC 18.04.030;
Exhibit K to Ordinance No. 2025-009 5 of 6
2. Located in an EFU or Forest zone; and
Necessary to conduct may -accepted farming practices
agFiGw1 defined in ORS 215.203(2)(c). The applicant shall document satisfaction of
this criterion by submitting evidence or testimony from an authorized representative of
the Deschutes County Farm Bureau.
HISTORY
Adopted by Ord. PL-15 §6.050 on 111111979
Amended by Ord. 92-036 §1 on 412911992
Amended by Ord. 92-055 §10 on 811711992
Amended by Ord. 93-043 §20C on 812511993
Amended by Ord. 96-035 §1 on 412411996
Amended by Ord. 98-035 §1 on 611011998
Amended by Ord. 2001-004 §3 on 512312001
Amended by Ord. 2001-033 §1 on 1011012001
Amended by Ord. 2008-007 §3 on 811812008
Amended by Ord. 2011-009 §1 on 10/1712011
Amended by Ord. 2025-002 §31 on 212612025
Amended by Ord. 2025-009 §11 on 611812025
Exhibit K to Ordinance No. 2025-009 6 of 6
CHAPTER 18.128 CONDITIONAL USE
18.128.270 Fill Or Removal — General/Discretionary Standards
18.128.271 Fill Or Removal — Clear and Objective Standards Pursuant To DCC 22.08.040
18.128.270 Fill or -Or Removal — General/Discretionary Standards
Except as otherwise provided in DCC Title 18, no person shall fill or remove any material or remove any
vegetation, regardless of the amount, within the bed and banks of any stream or river, or in any wetland,
unless such fill or removal is approved as a conditional use subject to the following standards:
A. An application shall be filed containing a plan with the following information:
1. A detailed explanation of the planned fill or removal including the amount of material to
be filled or removed.
2. An explanation of why the fill or removal is necessary.
3. A site plan, drawn to scale and accompanied by such drawings, sketches and
descriptions as are necessary to describe and illustrate the proposed fill or removal. The
site plan shall, at a minimum, include:
a. An inventory of existing vegetation.
b. The proposed modifications, if any, to the vegetation.
c. Existing and proposed site contours.
d. Location of lot lines, easements and high water marks.
e. Other site elements or information that will assist in the evaluation of the
proposed fill or removal.
B. Public facility and service uses such as construction or maintenance of roads, bridges, electric,
gas, telephone, water, sewer transmission and distribution lines, and related facilities controlled
by public utilities or cooperative associations, shall not be granted conditional use permits to fill
or remove unless the following findings are made:
1. That all necessary state and federal permits will be obtained as a condition of approval
of the conditional use.
2. That the public facility and service uses and related facilities cannot, as a practical
matter, be located outside of the wetland or bed and banks of the stream or river.
3. That the construction or maintenance requiring the fill or removal will be done in a
manner designed to minimize the adverse impact upon the wetland, stream, or river.
4. That erosion will be adequately controlled during and after construction.
Exhibit L to Ordinance No. 2025-009 1 of 5
5. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to
the greatest extent practical. The Oregon Department of Fish and Wildlife will be
requested to review and comment on the application.
6. That only the minimum removal of vegetation or material and dredging or excavation
necessary for construction and maintenance will be done.
C. Fill or removal required for public park and recreation areas, natural and outdoor education
areas, historic and scientific areas, wildlife refuges, public boat launching ramps, public docks,
and public walkways shall not be allowed as a conditional use unless the following findings are
made:
1. That all necessary state and federal permits will be obtained as a condition of approval
of the conditional use permit.
2. That only the minimum removal of vegetation or material and dredging or excavation
necessary for construction and maintenance will be done.
3. That the specific location of the site will require the minimum amount of disturbance to
the natural environment, considering alternative locations in the area and methods of
construction.
4. That such construction and maintenance is designed to minimize the adverse impact on
the site.
5. That erosion will be adequately controlled during and after construction.
6. That the impacts on fish and wildlife habitat by the fill or removal will be minimized to
the greatest extent practical. The Oregon Department of Fish and Wildlife will be
requested to review and comment on the application.
7. That the specific location of a site for a public park, recreation area, natural and outdoor
education area, historic and scientific area, wildlife refuges, public boat launching ramps,
public docks, and public walkways will require the minimum amount of disturbance to
the natural environment, considering alternative locations in the area and methods of
construction.
D. Except for uses identified in DCC 18.128.270(B) and (C), an application for a conditional use
permit for activity involving fill or removal of material or vegetation within the bed and banks of
a stream, river, or wetland:
1. Shall be granted only after consideration of the following factors:
a. The effects on public or private water supplies and water quality.
b. The effects on aquatic life and habitat, and wildlife and habitat. The Oregon
Department of Fish and Wildlife will be requested to review and comment on
the application.
c. Recreational, aesthetic, and economic values of the affected water resources.
Exhibit L to Ordinance No. 2025-009 2 of 5
d. Effects on the hydrologic characteristics of the water body such as direction and
velocity of flow, elevation of water surface, sediment transportation capacity,
stabilization of the bank and flood hazards.
e. The character of the area, considering existing streambank stabilization
problems and fill or removal projects which have previously occurred.
2. Shall not be granted unless all of the following conditions are met:
a. That all necessary state and federal permits will be obtained as a condition of
approval of the conditional use.
b. That there is no practical alternative to the proposed project which will have less
impact on the surrounding area, considering the factors established in DCC
18.128.270(D)(1).
c. That there will be no significant impacts on the surrounding area, considering
the factors established in DCC 18.128.270(D)(1).
d. That erosion will be adequately controlled during and after the project.
e. That the essential character, quality, and density of existing vegetation will be
maintained. Additional vegetation shall be required if necessary to protect
aquatic life habitats, functions of the ecosystem, wildlife values, aesthetic
resources, and to prevent erosion.
f. That the proposed fill or removal activity will be consistent with all relevant
goals and policies of the Deschutes County Comprehensive Plan.
That a conservation easement, as defined in DCC 18.04.030, "Conservation
Easement," shall be conveyed to the County, which provides, at a minimum, that
all elements of the project will be carried out and maintained as approved, in
perpetuity, for the regulated fill or removal area and all real property on the
same lot or parcel, within 10 feet of any wetland, river or stream.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 93-043 §23H-J on 812511993
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2025-002 §33 on 212612025
Amended by Ord. 2025-009 §12 on 611812025
18.128.271 Fill or Removal — Clear and Objective Standards Pursuant To DCC 22.08.040
A. Applicability. This section applies to proposed fill or removal, as defined in DCC 18.04.030, within
the bed and banks of any stream or river, or within any mapped boundary of a wetland as
identified in the Statewide Wetland Inventory.
Exhibit L to Ordinance No. 2025-009 3 of 5
B. Standards.
1. A maximum of one (1) cubic yard of fill or removal shall be permitted within areas
identified in subsection (A). Additional fill or removal is subject to the standards in DCC
18.128.270.
2. An application for fill or removal shall meet the application requirements of subsection
(C), and shall meet the standards in subsection (D).
C. An application shall be filed containing a plan with the following information:
1. A detailed explanation of the planned fill or removal including the amount of material to
be filled or removed.
2. An explanation of why the fill or removal is necessary.
3. A site plan, drawn to scale and accompanied by such drawings, sketches and
descriptions as are necessary to describe and illustrate the proposed fill or removal. The
site plan shall, at a minimum, include:
a. An inventory of existing vegetation.
b. The proposed modifications, if any, to the vegetation.
c. Existing and proposed site contours.
d. Location of lot lines, easements, and high water marks.
4. A signed statement by a professional engineer licensed in the state of Oregon confirming
the criterion in DCC 18.128.271(D)(2) is met.
5. A signed statement by a qualified biologist confirming the criterion in DCC
18.128.271(D)(2) is met. For the purposes of DCC 18.128.271, a "qualified biologist" is a
person who has a minimum of a bachelor's degree in wildlife or fisheries habitat biology,
or a related degree in a biological field from an accredited college or university with a
minimum of four years' experience as a practicing fish or wildlife habitat biologist.
6. If subject to regulation from state or federal agencies, statements from Army Corps of
Engineers (ACOE), Department of State Lands (DSL), Oregon Department of Fish and
Wildlife (ODFW), or United States Fish and Wildlife Service (USFWS), as applicable,
identifying if any permitting is required through these agencies.
D. Permits for fill or removal shall not be granted unless the following criteria are met:
1. All necessary state and federal permits will be obtained as a condition of approval of the
conditional use;
2. A professional engineer licensed in the state of Oregon has provided a signed statement
confirming the proposed fill or removal will not adversely impact water quality, flooding,
the stability of the bank, or other hydrologic characteristics of the water body, and that
erosion will be adequately controlled during and after the project; and
Exhibit Lto Ordinance No. 2025-009 4 of 5
3. A qualified biologist has provided a signed statement confirming the proposed fill or
removal will result in no net loss of the functions and values as defined in OAR 141-085-
0510 of the stream river, or wetland.
4. Except for the uses identified below, a conservation easement, as defined in DCC
18.04.030 shall be conveyed to the County, which provides, at a minimum, all elements
of the proiect will be carried out and maintained as approved, in perpetuity, for the
regulated fill or removal area and all real property on the same lot or parcel, within 10
feet of any wetland, river, or stream.
a. This requirement does not apply to permits for public facility and service uses
such as construction or maintenance of roads, bridges, electric, gas, telephone,
water, sewer transmission and distribution lines and related facilities controlled
by public utilities or cooperative associations.
HISTORY
Adopted by Ord. 2025-009 §12 on 611812025
Exhibit L to Ordinance No. 2025-009 5 of 5
FINDINGS
CLEAR & OBJECTIVE TEXT AMENDMENTS - GOAL 5
I. APPLICABLE CRITERIA:
Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating this amendment, the County bears
the responsibility for demonstrating consistency with Statewide Planning Goals and the existing
Comprehensive Plan.
II. BACKGROUND:
Beginning in 2017, the Oregon State Legislature passed a series of bills to encourage efforts to
expand the supply of housing statewide. The passage of Senate Bill (SB) 1051 prohibited cities from
denying applications for housing developments within urban growth boundaries, provided those
applications complied with "clear and objective standards, including but not limited to clear and
objective design standards contained in the county comprehensive plan or land use regulations."'
The provisions of SB 1051, along with subsequent bills, modified Oregon Revised Statutes (ORS)
197.286-197.314.Of relevance to the current project is ORS 197.307(4)2 which was modified to state:
(1) Except as provided in subsection (6) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development
of housing, including needed housing. The standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay.
In 2023, ORS 197A.4003 (formerly ORS 197.307, as referenced above) was established by House Bill
(HB) 31974. The newly established ORS 197A.400 will become effective on July 1, 2025, and states
the following [emphasis added]:
https://olis.oregonlegislature.gov/liz/2017R1/Downloads/MeasureDocument/SB1051/Enrolled
z https•//oregon public law/statutes/ors 197.307
3 https://www.ore2onlegislature.Rov/bills laws/ors/ors197a.html
a https://olis.oregonlegislature.gov/1iz/2023R1/Downloads/MeasureDocument/HB3197/Enrolled
11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
A� (541) 388-6575 @ cdd@deschutes .org ®www.deschutes.org/cd
(1) Except as provided in subsection (3) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development
of housing, including needed housing, on land within an urban growth boundary,
unincorporated communities designated in a county's acknowledged comprehensive
plan after December 5, 1994, nonresource lands and areas zoned for rural residential
use as defined in ORS 215.501. The standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay
(3) In addition to an approval process for needed housing based on clear and objective
standards, conditions and procedures as provided in subsection (1) of this section, a local
government may adopt and apply an alternative approval process for applications and
permits for residential development based on approval criteria that are not clear and
objective if:
(a) The applicant retains the option of proceeding under the approval process that meets the
requirements of subsection (1) of this section;
(b) The approval criteria for the alternative approval process comply with applicable
statewide land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or above
the density level authorized in the zone under the approval process provided in subsection
(1) of this section.
These provisions require local governments to apply only clear and objective standards, criteria,
and procedures to applications for housing projects and may not discourage housing through
unreasonable cost or delay. Application of typical discretionary standards (e.g. "adequate public
facilities" or "effective mitigation") is prohibited. The statute is intended to address the concern that
use of discretionary criteria leads to uncertainty, inconsistent administration, and delays that do not
serve the goal of efficiently providing an adequate supply of housing stock.
III. BASIC FINDINGS
Numerous sections and language included in the Deschutes County Code (DCC) do not currently
meet the identified thresholds for "clear and objective standards." The primary focus of the Clear
and Objective Code Compliance Project is to ensure the DCC complies with state statute and the
objectives of the Deschutes County Comprehensive Plan.
With the assistance of consultants from MIG, planning staff have identified areas of the DCC that
are not in compliance with statute and drafted packages of text amendments to address each issue.
EXHIBIT M - Ordinance No. 2025-009 Page 2 of 16
These packages have been broken into distinct segments to provide the public, the Deschutes
County Planning Commission (Commission), and the Deschutes County Board of Commissioners
(Board) the opportunity to review and vet the proposed changes in a structured manner.
Where possible, planning staff have drafted amendments that effectuate a policy -neutral
conversion of existing discretionary language to non -discretionary language. This ensures the
original intent and purpose of each amended code provision are preserved. Where that approach
is not viable, alternative standards or criteria have been proposed. Additionally, certain
amendments have been proposed to broadly remove ambiguity from implementing sections of the
DCC, maintain conformity across all development standards, and ensure review clarity for staff and
members of the public.
This amendment package encompasses areas of the DCC that address Goal 5 resources and related
language, specifically:
• Definitions for the Deschutes County Zoning Code - DCC 18.04
• Multiple Use Agricultural Zone - DCC 18.32
• Surface Mine Impact Area (SMIA) - DCC 18.56
• Rural Residential Zone - DCC 18.60
• Terrebonne Rural Community Zoning District - DCC 18.66
• Landscape Management Combining Zone - DCC 18.84
• Wildlife Area Combining Zone - DCC 18.88
• Sensitive Bird and Mammal Habitat Combining Zone - DCC 18.90
• Urban Unincorporated Community Zone; Sunriver - DCC 18.108
• Supplementary Provisions - DCC 18.116
• Exceptions - DCC 18.120
• Conditional Use - DCC 18.128
IV. METHODOLOGY:
Clear and objective standards use terms, definitions, and measurements that allow for consistent
interpretation. Any two people applying the same standard or criterion to a proposed development
would get the same result. There is no need for the reviewer to exercise discretion in application of
the standard, and no ability to do so. The standards and criteria should provide a predictable
outcome in a wide variety of contexts .
Per state statute, the clear and objective standards cannot be so strict that they have the effect,
either in themselves or cumulatively, of discouraging housing through unreasonable cost or delay.
After discussion with County Legal Counsel and review of ordinances of other jurisdictions which
have implemented similar code amendments, staff has determined there are a variety of
approaches that can be used to craft clear and objective standards:
• True/False Standards - These can be used to evaluate whether a proposed development
has satisfied a certain objective criterion. (e.g. - is the structure on a lot or parcel within a
rural residential zone?)
EXHIBIT M - Ordinance No. 2025-009 Page 3 of 16
• Counts and Measurements - These standards are typically based on a minimum value, a
maximum value, or an acceptable range of values. (e.g. - maximum building height of 30 feet)
• Lists/Menus - Lists and menus provide flexibility for applicants to meet a standard by
choosing among several options. Lists can specify a range of acceptable options ("Any of the
following...") or can require selection of a minimum number of elements ("At least two of the
following five options...")
• Two -Track Systems: Discretionary Review - While a clear and objective review path is
required for residential development, the flexibility provided by discretionary review may
continue to be attractive for some projects and it may not be practical or achievable to write
clear and objective standards that work in every development situation. ORS 197A
recognizes this, and allows local governments to also provide an optional discretionary
review path or parallel track. To that end, the amendments proposed as part of this package
in some cases maintain the existing standards as an optional, discretionary track for housing.
These discretionary standards will also remain in place for all non-residential development.
The advantage of a two -track system is that it offers both certainty and flexibility. Applicants
willing to work within the clear and objective standards have the option of a simplified review
process that saves time and increases the certainty of approval. Clear and objective
standards also offer certainty to reviewers, who can review applications more efficiently with
less time devoted to interpreting discretionary/unclear requirements, and to the public, who
will benefit from knowing whether a project will or will not be approved. For applicants with
creative ideas or unique circumstances that don't meet the objective standards,
discretionary review is available, which can provide more flexibility.
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 is met because a public hearing was held before the Deschutes County
Planning Commission (Commission) on 4/24/2025 and a public hearing was held before the Board
of County Commissioners (Board) on 5/28/2025.
Section 22.12.020, Notice
Notice
A. Published Notice
EXHIBIT M - Ordinance No. 2025-009 Page 4 of 16
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion is met as notice was published in The Bulletin newspaper on 4/13/2025 for
the Commission public hearing and on 5/18/2025 for the Board public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been met.
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.
EXHIBIT M - Ordinance No. 2025-009 Page 5 of 16
FINDING: This criterion is met as the Commission held a public hearing on 4/24/2025. The Board
held a public hearing on 5/28/2025.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-25-000171-TA will be
implemented by ordinances upon approval and adoption by the Board. This criterion will be met.
VI. Oregon Statewide Planning Goals:
Statewide Planning Goal 1 - Citizen Involvement:
This goal outlines the citizen involvement requirement for the adoption of Comprehensive Plans
and changes to the Comprehensive Plan and implementing documents.
FINDING: The County's citizen involvement program ensures that any amendments to the County's
development code are reviewed through a duly noticed public process. This legislative process to
review the proposed amendments will require two public hearings, one before the Commission on
4/24/2025 and one before the Board on 5/28/2025.
Information was distributed throughout the process via the project website and through social
media and email. All Commission and Board work sessions were open to the public and noticed in
accordance with the County's rules and regulations. All work session materials, including meeting
recordings and summaries, were available on the County's website. All the aforementioned venues
provided the opportunity for gathering feedback and comments.
As part of the legislative process, public notice requirements for the Commission and Board public
hearings were met. The notice was sent to persons who requested notice, affected government
agencies, and was published in the 4/13/2025 and 5/18/2025 issues of the Bend Bulletin. The notices
invited public input and included the phone number of a contact person to answer questions. The
notice also included the address of the County's webpage where the draft of the proposal can be
viewed.
Statewide Planning Goal 2 - Land Use Planning:
This goal outlines the land use planning process and policy framework. The County's
Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning
goals.
FINDING: Deschutes County has an acknowledged Comprehensive Plan and enabling ordinances.
The amendments to the DCC are being undertaken to bring residential development standards,
criteria, and procedures into compliance with state statutes.
EXHIBIT M - Ordinance No. 2025-009 Page 6 of 16
The amendments are being processed in accordance with the County's adopted procedures, which
requires any applicable statewide planning goals, federal or state statutes or regulations,
comprehensive plan policies, and the County's implementing ordinances be addressed as part of
the decision -making process. The amendments are being processed as a post -acknowledgement
plan amendment (PAPA) and noticing requirements have been met. All applicable review criteria
have been addressed within this staff report; therefore, the requirements of Goal 2 have been met.
Statewide Planning Goals 3 and 4 - Agricultural Lands and Forest Lands:
FINDING: The standards of ORS 197A.400 require clear and objective standards for all housing
development "...on land within an urban growth boundary, unincorporated communities
designated in a county's acknowledged comprehensive plan after December 5, 1994, nonresource
lands and areas zoned for rural residential use as defined in ORS 215.501." The identified areas do
not include resource zoned lands (i.e. - Exclusive Farm Use, Forest Use, etc.), and staff understands
ORS 197A.400 to implicitly exempt resource zoned properties, as those areas are governed by
separate statutory standards. Staff finds that these goals do not apply to the proposed
amendments.
Statewide Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces:
This goal requires the inventory and protection of natural resources, open spaces, historic sites and
areas.
FINDING: The proposed amendments included in this package do not alter the County's
acknowledged Goal 5 inventories or impact areas. The proposed amendments ensure Deschutes
County remains in compliance with state statute and administrative rules by continuing to allow
residential construction in areas with Goal 5 resources, providing applicants with a clear and
objective process using standards and criteria that maintain the same level of protection as the
discretionary process that was previously adopted and, in most cases, remains an option for
applicants.
Local governments, as part of the Comprehensive Planning process, are required to inventory the
extent, location, quality, and quantity of significant natural resources within their jurisdictional
boundaries. Following this inventory, local governments then conduct an economic, social,
environmental, and energy (ESEE) analysis to determine the extent to which land uses should be
limited in order to adequately protect significant resources. Following an ESEE analysis,
governments then establish a program to protect significant natural resources. Deschutes County
established its initial Goal 5 natural resource inventory, ESEE analyses, and protection programs
between the years of 1988-1994, as part of periodic review.
Deschutes County reviewed its adopted ESEE analyses for significant Statewide Planning Goal 5
resources in the following ordinances:
Surface Mining:
EXHIBIT M - Ordinance No. 2025-009 Page 7 of 16
Ord. No. 90-014 (7/12/90)
Ord. No. 90-029 (7/12/90)
Fish and Wildlife:
Ord. No. 92-041 (8/5/92) - General
Ord. No. 94-004 (6/15/94) - Updated Sensitive Bird and Mammal and Townsend's Big -Eared Bat
inventories
Ord. No. 94-007 (7/20/94) - Updated Wetland and Riparian inventory
Rivers and Streams, Lakes and Reservoirs:
Ord. No 92-052 (11/25/92)
The County's adopted ESEE analyses identified seventeen (17) inventoried resources, impact areas
and potential conflicting uses, and included findings concerning the economic, social, energy and
environmental consequences of prohibiting, limiting or allowing conflicting uses in identified impact
areas, pursuant to OAR 660-023-0040 - ESEE Decision Process.
The County's adopted ESEE analyses are sufficient to demonstrate that the proposed clear and
objective standards amendments are consistent with Statewide Planning Goal 5. The proposed
amendments do not allow any new conflicting uses that were not previously analyzed, nor do they
change the impact areas.
The following findings address each inventoried resource and describe the manner in which the
clear and objective amendments achieve the program to protect the resource in the adopted ESEE
analyses.
1. Fish Habitat
Fill or removal: requirements are outlined in DCC 18.128.270 and in the proposed clear and
objective standards in DCC 18.128.271. In the existing code, a conditional use permit is required
for all fill or removal in riparian and wetland areas. The proposed approach to code
amendments is that any fill or removal greater than 1 cubic yard requires a conditional use
permit. The amount of fill or removal allowed without a conditional use permit review in the
clear and objective path is intended to minimize conflicts with protected resources. The
proposed clear and objective path only allows 1 cubic yard of fill and/or removal. Also, a signed
statement by a professional engineer licensed in the state of Oregon must confirm that the
proposed fill or removal will not adversely impact water quality, flooding, the stability of the
bank, or other hydrologic characteristics of the water body, and that erosion will be adequately
controlled during and after the project. This determination that hydrology will not be adversely
impacted will ensure that fill or removal will have minimal to no impact to the protected
resource. A conditional use permit continues to be required for the majority of fill or removal
projects, which typically exceed 1 cubic yard.
Rimrock setbacks: the current code requires all new structures to be set back 50 feet from the
rimrock in all zones (DCC 18.84.090(D), 18.116.160), but allows exceptions in certain situations
EXHIBIT M - Ordinance No. 2025-009 Page 8 of 16
using discretionary provisions. In the proposed clear and objective path, exceptions are not
permitted at all; an applicant would need to follow the discretionary review path if deviating
from the standard. Therefore, the proposed amendments retain the existing regulations,
explicitly separating the clear and objective and discretionary options. This is consistent with the
existing program to protect.
River and Stream setbacks: the current Landscape Management Combining Zone (LM) requires
all new structures and additions to structures to be set back at least 100 feet from the OHW line
of designated streams and rivers. (DCC 18.84.090(C)). Exceptions are permitted if the
discretionary criteria in DCC 18.120.030(E) are met. In the proposed clear and objective path,
exceptions are not permitted at all; an applicant would need to follow the discretionary review
path if deviating from the standard. Therefore, the proposed amendments retain the existing
regulations, explicitly separating the clear and objective and discretionary options. This is
consistent with the existing program to protect.
Therefore, the proposed program aligns with the existing program to protect.
2. Deer Winter Range
In the current Wildlife Area Combining Zone (WA) zone regulations, new dwellings are required
to be entirely within 300 feet of an existing road, which is intended to minimize the extent of
impacts to protected resources. Exceptions are permitted if the discretionary criteria in DCC
18.88.060(B) are met. In the proposed clear and objective path, exceptions are not permitted at
all; an applicant would need to follow the discretionary review path if deviating from the
standard. Therefore, the proposed amendments retain the existing regulations, explicitly
separating the clear and objective and discretionary options. This is consistent with the existing
program to protect.
In the WA zone, the proposed clear and objective lot size standard in the deer winter range
(minimum 40 acres) is the same as the existing regulations.
There are no proposed changes to fence standards.
Therefore, the proposed program to protect aligns with the existing program to protect.
3. Furbearer Habitat
Furbearer habitat is currently protected by the existing Exclusive Farm Use (EFU) and Forest Use
zoning, the provisions to protect farm use and forest use, and the provisions to protect wetlands
and riparian areas. There are no proposed changes to the EFU or forest zones as part of this
code amendment project, therefore that component of the program to protect furbearer habitat
remains the same. See Item 7 (Wetland and Riparian Areas) for findings addressing wetland and
riparian regulations and their consistency with the existing program to protect.
4. Elk Habitat
EXHIBIT M - Ordinance No. 2025-009 Page 9 of 16
The WA Combining Zone was recognized as the only program to achieve the goal to protect elk
habitat. See Item 2 (Deer Winter Range) for findings addressing the proposed WA zone
amendments and their consistency with the existing program to protect.
The proposed clear and objective lot size standard in elk habitat areas (minimum 160 acres)
is the same as the existing regulations.
Therefore, the proposed program aligns with the existing program to protect.
5. Waterfowl Habitat
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
In the proposed clear and objective standards for the Landscape Management (LM) zone,
conservation easements continue to be required as a condition of approval for all landscape
management site plans involving property adjacent to the Deschutes River, Crooked River, Fall
River, Little Deschutes River, Spring River, Whychus Creek, and Tumalo Creek (DCC 18.84.081(1)).
This is the same as the current regulations.
Therefore, the proposed program aligns with the existing program to protect.
6. Copland Game Bird Habitat
For all of the upland game birds except sage grouse, the habitat is currently protected by the
existing EFU and forest zoning and the provisions to protect wetlands and riparian areas to
achieve the goal of protecting upland game birds. There are no proposed changes to the EFU or
forest zones as part of this code amendment project; therefore, that component the program
to protect remains the same. See Item 7 (Wetland and Riparian Areas) for findings addressing
wetland and riparian regulations and their consistency with the existing program to protect.
7. Wetland and Riparian Areas
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
Location of septic systems is recognized as a conflicting use for riparian resources. The current
LM zone includes a discretionary standard, which requires on -site sewage disposal systems to
"minimize the impact on the vegetation along the river or stream" and "allow a dwelling to be
constructed on the site as far from the river, stream, or lake as possible." The proposed clear
and objective path applies the same 100-foot setback from the ordinary high water line that
applies to dwellings to on -site sewage systems. Exceptions are only permitted through
discretionary review (DCC 18.120.030(E)). These proposed regulations are consistent with the
EXHIBIT M - Ordinance No. 2025-009 Page 10 of 16
recommendations in the ESEE to protect the riparian resource because they minimize impacts
with significant setbacks.
Therefore, the proposed program aligns with the existing program to protect.
8. Ecologically and Scientifically Significant Natural Areas - Little Deschutes
River/Deschutes River Confluence
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments and
their consistency with the existing program to protect.
Therefore, the proposed program aligns with the existing program to protect.
9. Landscape Management Rivers and Streams
The existing LM combining zone design standards (DCC 18.84.080) address building and roof
color and reflectivity, setbacks, height, lighting, screening, and access. The intent of these
standards is to minimize the visual appearance of structures from specified view corridors in
order to maintain scenic views and the natural appearance to the greatest extent possible. The
proposed amendments provide a parallel clear and objective approval path. These amendments
codify the types of designs that County staff would approve under the current regulations.
Standards for building color, screening, trees, and setbacks have been updated with the intent
to achieve equivalent outcomes to the existing program to protect. This includes:
• The discretionary requirement for "muted earth tones" is replaced by an approved
palette of specific earth tone colors (DCC 18.84A) or with natural wood or stone.
• The requirement for non -reflective materials is replaced by an objective solar reflectance
index (SRI) standard.
• The discretionary requirement for use of existing features to reduce visual impacts is
replaced by a standard that states equivalent requirements using clear and objective
language.
• The vague and discretionary screening requirements are replaced by specific tree
planting standards.
These objective standards are intended to provide a narrow approval pathway. The site designs
thatwould meetthese standards could also be approved by County staff underthe discretionary
review path, thereby achieving equivalent outcomes.
Conservation easements are also recognized as part of the program to protect this Goal 5
resource. See findings in Item 5 (Waterfowl Habitat) addressing the proposed amendments
related to conservation easements and their consistency with the existing program to protect.
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
EXHIBIT M - Ordinance No. 2025-009 Pagel 1 of 16
Therefore, the proposed program aligns with the ESEE program recommendations.
10. State Scenic Waterways and Federal Wild and Scenic Rivers
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
The LM zone design standards have been updated with the intent to achieve equivalent
outcomes to the existing program to protect, including fill and removal permits, wetland removal
regulations, rimrock setbacks, conservation easements, and landscape management. See
findings for Item 9 (Landscape Management Rivers and Streams).
Therefore, the proposed program aligns with the existing program to protect.
11. Deer Migration Corridor
In the current regulations, residential land divisions in the Bend/La Pine Deer Migration Corridor,
where the underlying zone is RR-10, are only permitted as a cluster development. Because
cluster development review is designed to balance a variety of development goals in a
discretionary, site -specific manner, it cannot be used for clear and objective reviews. Applicants
seeking a land division can still follow the discretionary pathway. Cluster development standards
follow the existing program to protect. Therefore, the proposed amendments retain the existing
protections, explicitly separating the clear and objective and discretionary options.
See Item 2 (Deer Winter Range) for findings addressing the proposed amendments to the
building placement standards in the WA zone and their consistency with the existing program
to protect.
There are no proposed changes to fence standards.
Therefore, the proposed program aligns with the existing program to protect.
12. Antelope Habitat
The proposed clear and objective approval path in the WA zone (DCC 18.88.051(C)) retains the
existing minimum lot size of 320 acres for new parcels in the antelope range. This represents no
change to the existing program to protect the resource.
For other proposed amendments in the WA zone, see findings in Item 2 (Deer Winter Range).
The proposed amendments are consistent with the existing program to protect.
13. Habitat for Sensitive Birds
EXHIBIT M - Ordinance No. 2025-009 Page 12 of 16
Existing site plan review criteria in the Sensitive Bird and Mammal Habitat (SBMH) zone (DCC
18.90.060) require all development to conform to the requirements of the ESEE decision for the
subject sensitive habitat site. The proposed clear and objective standards (DCC 18.90.061) retain
this requirement, and state that where the provisions of the ESEE decision and DCC conflict, the
more restrictive provision prevails.
The current site plan review criteria require the site plan to "provide protection that will prevent
destruction of the subject nesting site, hibernation site or rookery." Each site -specific ESEE
decision establishes requirements such as setbacks and buffers from the habitat site, which are
intended to ensure site protection. The proposed clear and objective approach relies on the
ESEE requirements to establish the standards that protect the resource, rather than reiterating
the protection requirements in the site plan criteria (DCC 18.90.061(A) and (13)(1)).
The current criteria also require that "new roads, driveways or public trails shall be located at
the greatest distance possible from the nest, rookery or hibernation site unless topographic or
vegetation or structural features will provide greater visual and/or noise buffer from the nest,
rookery or hibernation site." The proposed clear and objective approach requires that new roads
or driveways be located at least 500 feet from the sensitive habitat site. This provides equivalent
protection as requiring such features be located "at the greatest distance possible," by
minimizing impacts to the habitat site from roads, driveways, and vehicles, while removing
discretionary language around buffer features (DCC 18.90.061(13)(2)).
The existing requirement for preservation of existing vegetation and prohibition of land
divisions that create residential building sites within the habitat area are proposed to be
retained in the clear and objective path, but worded to remove discretion (DCC 18.90.061(13)(3)
and (4)).
In the current criteria, all exterior lighting must "be sited and shielded so that the light is directed
downward and does not shine on" the sensitive habitat site. The proposed clear and objective
path replaces this with more specific shielding and cut-off standards to ensure light does not
shine on the habitat site.
Therefore, the proposed program aligns with the ESEE program recommendations.
14. Habitat Area for Townsend's Big -Eared Bats
There are no proposed changes to the EFU zones, where bat caves are located, as part of this
code amendment project. The proposed clear and objective standards for the SBMH combining
zone are only applicable to residential development (see Item 13 for findings addressing the
SBMH zone).
Therefore, the proposed program aligns with the existing program to protect.
15. Lakes and Reservoirs
EXHIBIT M - Ordinance No. 2025-009 Page 13 of 16
The regulations identified as applicable to this Goal 5 resource do not require amendments to
achieve a clear and objective review pathway for residential development and therefore are not
addressed in the proposed amendments.
16. Wilderness Areas, Areas of Special Concerns, Energy Sources, and Groundwater
Resources
This resource was not analyzed as they are either located on federal land or clear and objective
requirements are not applicable.
17. Surface Mining and Mineral and Aggregate Inventory Sites
The proposed clear and objective path for site plan review and other standards in the Surface
Mining Impact Area (SMIA) combining zone maintains limitations on residential uses that are the
same as the existing standards, which require new dwellings to be at least 250 feet from a
surface mining zone and one -quarter mile from surface mining processing or storage sites. The
only difference is that the clear and objective regulations are limited to dwellings and exceptions
to the setback standards are not permitted in the clear and objective path.
There are no proposed substantive changes to the site plan review or approval criteria.
Therefore, the proposed program aligns with the existing program to protect.
Statewide Planning Goal 6 - Air, Water, and Land Resource Quality:
To maintain and improve the quality of air, water, and land resources of the state.
FINDING: The County is currently in compliance with the State's Goal 6 program. The amendments
do not alter the County's acknowledged land use programs regarding water quality. The
amendments are consistent with Goal 6.
Statewide Planning Goal 7 - Areas Subject to Natural Hazards:
To protect people and property from natural hazards.
FINDING: The County is currently in compliance with the State's Goal 7 program through adoption
and implementation of the County's Natural Hazard Mitigation Plan'. No changes will occur to
County programs related to flood management, wildfire mitigation, or other natural hazards. The
amendments are consistent with Goal 7.
Statewide Planning Goal 8 - Recreational Needs:
5 https://sheriff.deschutes.org/2021 NHMP.pdf
EXHIBIT M - Ordinance No. 2025-009 Page 14 of 16
To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to
provide for the siting of necessary recreational facilities including destination resorts.
FINDING: The County is currently in compliance with the State's Goal 8 program. The proposed
amendments do not address or alter any County recreational programs or land use requirements
related to parks and recreation. The proposed amendments are in compliance with Goal 8.
Statewide Planning Goal 9 - Economic Development:
To provide adequate opportunities for a variety of economic activities vital to the health, welfare,
and prosperity of Oregon's citizens.
FINDING: The County is currently in compliance with the State's Goal 9 program. The proposed
amendments do not alter the County's compliance with Goal 9. The proposed amendments are in
compliance with Goal 9.
Statewide Planning Goal 10 - Housing:
To provide adequate housing for the needs of the community, region, and state.
FINDING: The currently proposed Clear and Objective Code Amendment Package and upcoming
code amendment packages will ensure Deschutes County remains in compliance with state statute
and administrative rules and Goal 10 by continuing to allow residential construction to proceed
through a Clear and Objective process using clear and objective standards and criteria. Adoption of
the proposed amendments will reduce the administrative burden and uncertainty, removing
barriers to housing within areas of the County identified for residential development. The proposed
amendments are in compliance with Goal 10.
Statewide Planning Goal 11 - Public Facilities and Services:
To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to
serve as framework for urban and rural development.
FINDING: The County is currently in compliance with Goal 11 through its acknowledged
Comprehensive Plan. The amendments do not alter the County's compliance with Goal 11 and are
consistent with this goal.
Statewide Planning Goal 12 - Transportation:
To provide and encourage a safe, convenient, and economic transportation system.
FINDING: The County is currently in compliance with Goal 12 and Metro's Regional Transportation
Plan through its acknowledged Comprehensive Plan and TSP as required by Oregon Administrative
Rule 660-012 (Transportation Planning Rule - TPR). Additionally, the Deschutes County Senior
Transportation Planner reviewed the proposed amendments for potential TPR effects and found
EXHIBIT M - Ordinance No. 2025-009 Page 15 of 16
that the proposed amendments appear to comply with TPR provisions. As such, the proposed
amendments do not alter the County's compliance with Goal 12.
Statewide Planning Goal 13 - Energy Conservation:
Land and uses developed on the land shall be managed and controlled so as to maximize the
conservation of all forms of energy, based on sound economic principles.
FINDING: The County is currently in compliance with Goal 13 through its acknowledged
Comprehensive Plan. The amendments do not alter the County's compliance with Goal 13 and are
consistent with this goal.
Statewide Planning Goal 14 - Urbanization:
To provide for orderly and efficient transition from rural to urban land use, to accommodate urban
population and urban employment inside urban growth boundaries, to ensure efficient use of land,
and to provide for livable communities.
FINDING: The County is currently in compliance with Goal 14 through its acknowledged
Comprehensive Plan and land use regulations. The County also has signed Joint Management
Agreements with the cities of Bend, Redmond, and Sisters as required by ORS 195.065. The
amendments do not alter the County's compliance with Goal 14 and are consistent with this goal.
VII. CONCLUSION:
Based on the information provided herein, staff recommends the Board of County Commissioners
approve the proposed text amendments that make changes necessary to conform with state
statutory requirements regarding clear and objective standards for housing development.
EXHIBIT M - Ordinance No. 2025-009 Page 16 of 16
vTES Co
o
BOARD OF
COMMISSIONERS
MEETING DATE: June 18, 2025
SUBJECT: Consideration of First and Second Reading and emergency adoption of
Ordinance No. 2025-009: Clear and Objective Housing Text Amendments - Goal
5 (Title 18)
RECOMMENDED MOTIONS:
1. Move approval of first and second readings of Ordinance No. 2025-009 by title only.
2. Move to adopt Ordinance No. 2025-009 by emergency, effective July 1, 2025.
BACKGROUND AND POLICY IMPLICATIONS:
Pursuant to State statute, the Board has deliberated and recommended approval of text
amendments establishing "clear and objective" housing development standards. This
amendment package encompasses areas of the DCC that address Goal 5 resources and
related language, including cluster and planned developments, in Title 18, specifically:
• Definitions for the Deschutes County Zoning Code - DCC 18.04
• Multiple Use Agricultural Zone - DCC 18.32
• Surface Mine Impact Area (SMIA) - DCC 18.56
• Rural Residential Zone - DCC 18.60
• Terrebonne Rural Community Zoning District - DCC 18.66
• Landscape Management Combining Zone - DCC 18.84
• Wildlife Area Combining Zone - DCC 18.88
• Sensitive Bird and Mammal Habitat Combining Zone - DCC 18.90
• Urban Unincorporated Community Zone; Sunriver - DCC 18.108
• Supplementary Provisions - DCC 18.116
• Exceptions - DCC 18.120
• Conditional Use - DCC 18.128
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
Will Groves, Planning Manager
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, Senior Planner
DATE: June 11, 2025
SUBJECT: Consideration of First and Second Reading: Clear and Objective Housing Text Amendments
- Goal 5 (Title 18)
On June 18, 2025, staff will present Ordinance No. 2025-009 to the Board of County Commissioners
(Board) for consideration of first and second reading. On May 28, 20251, the Board conducted a public
hearing and deliberations to consider legislative text amendments establishing "clear and objective"
housing development standards pursuant to House Bill (HB) 31972 (file no. 247-25-000171-TA). The
ordinance provided here reflects the decisions made during those deliberations.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of
Land Conservation and Development (DLCD) on March 19, 2025. Staff presented the proposed
amendments to the Planning Commission at a work session on April 10, 2025.3 An initial public hearing
was held before the Commission on April 24, 2025.4 At that time, the oral portion of the public hearing
was closed and the written record was held open until April 30, 2025 at 4:00 p.m. The Commission held
deliberations on May 8, 20255, issuing a recommendation for approval to the Board and requesting staff
to relay the main topics of the Planning Commission discussion to the Board.
All record materials can be found on the project website:
https://bit.ly/DeschutesClearAndObjectiveGoal5
11. OVERVIEW OF ORDINANCE
Numerous sections and language included in the Deschutes County Code (DCC) do not currently meet
the identified thresholds for "clear and objective standards." The primary focus of the Clear and Objective
Code Compliance Project is to ensure the DCC complies with state statute and the objectives of the
Deschutes County Comprehensive Plan.
i httas://www.deschutes.ora/bcc/page/board-countv-commissioners-meeting-234
2 https://oIis.oregonIegislature.gov/1iz/2023R1/`Downloads/Measure Document/HB3197/Enrolled
3 https://www.deschutes.org/bc-pc/page/planning-commission-65
° https:/Zwww.deschutes.org/bc-pc/page/planning-commission-66
5 https://www.deschutes.org/bc-gc/page/planning-commission-61
With the assistance of consultants from MIG, planning staff have identified areas of the DCC that are not
in compliance with statute and drafted packages of text amendments to address each issue. These
packages have been broken into distinct segments to provide the public, the Deschutes County Planning
Commission (Commission), and the Deschutes County Board of Commissioners (Board) the opportunity
to review and vet the proposed changes in a structured manner.
Where possible, planning staff have drafted amendments that effectuate a policy -neutral conversion of
existing discretionary language to non -discretionary language. This ensures the original intent and
purpose of each amended code provision are preserved. Where that approach is not viable, alternative
standards or criteria have been proposed. Additionally, certain amendments have been proposed to
broadly remove ambiguity from implementing sections of the DCC, maintain conformity across all
development standards, and ensure review clarity for staff and members of the public.
This amendment package encompasses areas of the DCC that address Goal 5 resources and related
language, including cluster and planned developments, in Title 18, specifically:
• Definitions for the Deschutes County Zoning Code - DCC 18.04
• Multiple Use Agricultural Zone - DCC 18.32
• Surface Mine Impact Area (SMIA) - DCC 18.56
• Rural Residential Zone - DCC 18.60
• Terrebonne Rural Community Zoning District - DCC 18.66
• Landscape Management Combining Zone - DCC 18.84
• Wildlife Area Combining Zone - DCC 18.88
• Sensitive Bird and Mammal Habitat Combining Zone - DCC 18.90
• Urban Unincorporated Community Zone; Sunriver - DCC 18.108
• Supplementary Provisions - DCC 18.116
• Exceptions - DCC 18.120
• Conditional Use - DCC 18.128
Changes Since Hearing and Deliberations
Staff made two minor changes to the code since the public hearing based on internal review and
coordination:
Driveway access in Landscape Management Combining Zone: Staff modified the proposed language in
DCC 18.84.081(F) Design Review Standards - Clear and Objective, to require consolidation of driveway
access (original proposed language unintentionally disallowed all driveways).
DCC 18.08 "switching station": Previously, the amendments contained a new section, DCC 18.08.050,
Review Pursuant to ORS 197A.400. This provided base language describing the procedural difference
between general/discretionary standards and clear and objective standards. This section has been
moved to Title 22, which addresses procedures for land use applications and therefore is a more
appropriate location. References throughout the title have been changed accordingly.
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III. NEXT STEPS & STAFF RECOMMENDATION
As noted in the language of Ordinance No. 2025-009, staff recommends that the Board conduct first and
second reading and adopt the ordinance by emergency with an effective date of July 1, 2025, which is the
effective date of the state legislation (HB 3197) and allows for planning staff time to coordinate
implementation.
Attachments:
Ordinance No. 2025-009 and Corresponding Exhibits - Emergency
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