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2025-318-Ordinance No. 2025-018 Recorded 9/30/2025REVIEWED LEGAL COUNSEL Recorded in Deschutes County Steve Dennison, County Clerk Commissioners' Journel JZESN 2025-318 CJ2025-318 09/30/2025 11:40:39 AM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 15, Buildings and Construction, to Update Outdoor Lighting Control Standards. * ORDINANCE NO. 2025-018 WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-25-000377-TA) to the Deschutes County Code ("DCC"), Chapter 15.10 — Outdoor Lighting Control; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 10, 2025; and WHEREAS, the Board considered this matter after a duly noticed public hearing on August 27, 2025 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 15; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDING. Deschutes County Code Chapter 15.10, Outdoor Lighting Control, 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 ke gh. PAGE 1 OF 2 - ORDINANCE NO.2025-018 Section 2. FINDINGS. The Board adopts as its findings Exhibit `B", attached and incorporated by reference herein. Dated this of 1 12025 ATT T: a ! r' Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON AOJA�-'� A THONY DEBONE, Chair PATTI ADAIR, Vice Chair — 111� �� - - PHILIP CHANG, Commissioner Date of I" Reading: 1 Q day of 2025. Date of 2" d Reading: day of , 2025. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone Patti Adair Philip Chang Effective date: day of , 2025. PAGE 2 OF 2 - ORDINANCE NO.2025-018 EXHIBIT A TO ORD. 2025-018 CHAPTER 15.10 OUTDOOR LIGHTING CONTROL 15.10.010 Purpose And Guiding Principles For Residential, Commercial And Public Area fighting 15.10 020 Purpose And Intent As Relates To Street Lighting 15.10.030 Conformance With Applicable Codes 15.10.05&040 Definitions ..,.. ... ............... •.,_. _ _ . w _ _-b-_—. r.,.b 15.10.+28-050 Requirements For Installation Of Outdoor Lighting 15 10.+70-060_ Exemptions 15.10.E-80-070 Violations And Penalties 15.10.+96-080 Violations Constitute Public Nuisance 15.10.010 Purpose Andnt As Reiates-ToGuidft Principles For Residential, Commercial And Public Area Lightin A. The purposes of DCC 15.10 it -are to encourage the utilization of responsible lighting practices to provide safelv_lit areas for residents and_visitors and to_protect citizen health and safety and ua fty of life_through the use-of_illumination that _is -energy icient,_prevents Light pollution fromlight trespass, minimizes im ap ct on wildlife and natural vistas and recognizes Deschutes County's night sky as an economic and community natural resource,_ Uotjnty� Oregon to illumimate , B. The following guiding principles have been developed by DarkSky International and the Illuminating Engineering Society Guiding principles are not intended to be mandatory approval criteria. 1. Useful: Use light only if it is needed. All light should have a clear purpose Consider how the use of light will impact the area, including wildlife and their habitats. 2. Targeted: Direct light so it falls.only where it is needed Use shielding and careful aiming to target the direction of the light beam so that it points downward and does not spill beyond where it is needed. 3. Low level Light should be no brighter than necessary. Use the lowest light level required. Be mindful of surface conditions. as some surfaces may reflect more light into the night sky than intended. 4. Controlled: Use light only when it is needed. Use controls such as timers or motion detectors to ensure that Light is available when it is needed, dimmed when possible and turned off when not needed. 5. W rm-colored: Use warmer color tights when_ possible Limit the amount of shorter wavelength (blue -violet li ht to the leastamount needed. HISTORY Adopted by Ord. 94-024 §1 on 813111994 Amended bv_Ord. 2025-018 §1_ on xx/xx/2025 15.10.020 Purpose And.lntent As Relates To Street Lighting The purpose of DCC 15.10, as it relates t, is to affirm that the safety of_citizens of Deschutes County, Oregon have a right to the safety ofdepends in —art on well -lighted streets and highways, and to recognize that such illumination by nature cannot be confined to the property from which it is generated. Thus, certain applications for the propose purpose of highwarstreet safety as defined below are allowed under ti this ordinance. HISTORY Adopted by Ord. 94-024 §1 on 8/31/1994 Amended by Ord. 2025-018 §1_on xxlxxl2025 15.10.030 Conformance With Applicable Codes All outdoor electrically powered illuminating devices shall be installed used and maintained in conformance with the provisions of this code, the building code, the electrical code, and the applicable sign code of the jurisdiction in which a i njs)_is installed. No provision of this ordinance are is_intended to pre-empt applicable state codes. HISTORY Adopted by Ord. 94-024 §1 on 813111994 Amended • • •. 2025-018§1 on 1 Approver"15.10.0-40 J.HN►-a••vrna0 601r0. __i i. _____. none :•irri�::�i�:•riu:�araK..r:uoa:�..:.iren�:•�ir:r�:�ir%i• HISTORY Adopted by Ord. 94-024 §1 on 813111994 Repealed by -Ord. 2025-018 §1 on xx W2025 15.10.050-040 Definitions For purposes of applvin and enforcing DCC 15.10. the following words and phrases are defined asset Iforth 11-1 D66 15.10.055-11 .follows: "Downcast" means lighting that is installed such that light rays from an outdoor light fixture are directed downward toward the ground and which includes a fixture shield parallel with the level ground. "Exempt light fixtures" means outdoor artificial illuminatin evices which are exempted from this ordinance by DCC 15.10.060. "Farmin__practice"shall have the meaning set forth_in ORS 30.930. "Forest practice" shall have the_meaning set forth in ORS 30.930. "Fuld shielded" means out light fixtures that are shielded or constructed so that tia�ht rays emitted by the fixture are arojected below the_horizontalplane. Fully Shielded "Installed"_means theinitial installation_ of outdoor light fixtu ras.fo—l-low-ing theeffective_date of this ordinance. Projects with approved construction plans rior to effective date of this ordinance are excluded from compliance with the ordinance -in -the initial installation only. "Light Trespass" means a condition in which light emitted by a light fixture illuminates any area beyond the property lines of the property on which the fixture is installed "Light Trespass" exists when a person is able to see direct illumination from an off -site light fixture Light trespass does not include indirect reflection or scattering of light from mounting hardware or any other surfaces. "Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures lamps and other similar devices, permanently installed or portable "Searchlight" means alight fixture generating parallel rays that may be oriented in anYparticular direction, often used to draw the attention to a place or event. "Shielding" maybe provided for a lighting fixture by the design of,such fixture, or by an externally applied device such as a shroud or hood of metal, wood or painted glass that does not allow transmission of tight. "String lights"means electric lights on.a wire, string, or -cable used _zs decoration or for outdoor Lighting. HISTORY Adopted by Ord. 94-024 §1 on 8/31/1994 Amended by Ord. 95 Q63 §1 on 10/11/1995 Amended by Ord. 2016-014 §1 on 71112016 Renumbered_and Amended by Ord. 2025-018 §1 on xxlxxl2025 i i iii __ f,_ _ _ _ _ _ _ G _ _ _ _ _ _ _ • i _ _ _ _ _ __ _ _ G NS i - Repealed & Reenacted by Ord. 2025-018 §1 on xx/xx/2025 -------- I c-J Y Repealed & Reenacted by Ord. 2025-018 §1.on xx/xx/2025 ------------- 1 11O7-ffT ORY Repealed by.Ord. 2025-018 §-1 on xx/xx/2025 PNFIM � �� • Adopted by Ord. 95---OW P on 10/11/1995 Repealed i'' 1 I I I I •-n,xx W2025 ■-Mr.,W.r. T.,w 7!Fii�4f'4i117r�7�4i7ltsaA• [�A ►�A�[.1�� I�i 11111� ►�11 R►I � I I�f 1�1111 Y Adopted by E)Fd. 94-024 §1 on BMI,1199-1 Repealed & Reenacted by Ord 2025-018 §1 on xx/xx/2025 ItlSTORY Adopted by &d. 957-06�3 §1 on 16/11/1995 Repealed & Reenacted by Ord. 2025-018 §1 on xx/xx/2025 -------- IifSTeY Repealed by Ord. 2025-018 §1 on xx/xx/2025 Repealed_ by Ord. 2025_018 §1 on xxlxxl2025 I "STORY Tll Repealed Ord._2025-018 91_on xx/xx/2025 111 nr rr�rRY Repealed by Ord. 2025-018 §1 on xx/xx/2025 HISTORY Repealed by Ord. 2025-018 §1 on xx/xx/2 25 15.10.+20-050 Requirements For Installation Of Outdoor Lighting A. Except as exempted by provisions of this ordinance, as of the date of adoption' -the installation and use of outdoor lighting fixtures shall be subject to the provisions of this ordinance. B.All non-exempt outdoor luting fixtures shall meet the following reauirementu: 1. _Downcast. Lighting shall be downcast._Upli hting-is prohibited. 2. _ Fully Shielded. Unless subiect_to an exemption _all li ht fixtures shall be full shielded. 3 Light Trespass Unless subject to an exemption light trespass is prohibited for outdoor Ught_fixtures. HISTORY Adopted by Ord. 94-024 §1 on 813111994 Amended by Ord. 95-063 §1 on 10/1111995 Renumbered & Amended by Ord. 2025-018 §1_ on xx/xx/2025 of ME �z MeN --------------- MMK.A�a� .. . ... Wn I-L wa_'Allldl L6.. . lm.� mob ---------- MWO! M-LOMIKENIEL" EW- WAILTAILI LW —LIP L�. .......... ------- IRMRLWMIA�m 15.10.17-0-060 Exemptions Certain outdoor light fixtures are exempt from this ordinance, subject to the following standards: A. Nonconformance. 1. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of the requirements codified in this ordinance are exempt from all such requirements except as follows: a. ALL replacement of outdoor lighting fixtures, as of the date of adoption, shalt be subject to the provisions of this ordinance. Until a date six -three after the date of adoption of this Bode r finance.; 2000. B. Airport operations lighting and aircraft navigational beacons required by the Federal.or State Law are permanentfy exempt from these provisions. All other airport outdoor lighting must conform to the intent with this ordinance. C. Lights used for holiday decorations for no more than 45- days are exenipt from t1te, reeluirements of this orditiance. Seasonal holiday li htingfrom the day after Thanksgiving to. January 15 is exempt. Other event -specific lightin for_no_more tharifourteen cumulati.v_e. days ina-s Lingte_calendar-year also is exempt. "Event-secifi li hting".means Lighting -other than seasonal hotidaylighting, illuminated fora period on t to_excee fourteen_cumulative days in a calendaryea_r._associated with a holiday or otheragecial occasion. E-.D. earnovais and FairsSpecial events that require the use of temporary outdoor lighting fixtures are exempt forupto_10_consecutive days_exeeptiftet-Ppermanent installations at dedicated sites must conform to the requirements of this ordinance. F— ' 'istorical areas as designated by proper atithority are exempt from the encouraged. G.—Plotion deteetor Lights that operate atjtoniatieai�y for periods of less than 2E) mintites. U.S. flags displayed by top mounted lighting on a 24-24-hours basis. EF_Internally lighted advertising signs. G. Bottom mounted futures on externally lighted advertising sign_$ billboards, in which -andjcase such fixtures shall be shielded either by pplication of ext aernal device or manufactured in such a way that upward and side directed light is confined to an area within four inches of the outermost surface of the sign's top and sides Shielding will be constructed in such a manner that no reflective surface of the lighting fixture will extend past the limit of the shielding in the vertical plane when viewed from directly above.. J7Fi.Temporary exemptions to the provision(s) of DCC Title 15 for five days cumulatively in apef calendar year. K.I. Television or movie film productions are exempt except that permanent installations at dedicated sites must conform to the requirements of this ordinance. t:-.J_ Farming practices and forest practices. permanent P—erm—anentinstallations at dedicated sites must conform to the requirements of this ordinance. KConstruction lighting necessary for an allowed use. Qpermanent installations at dedicated sites must conform to the requirements of this ordinance. L. Recreational Facilities. Outdoor light fixtures in association_with a sports or recreational facility, public or-p-rivate, prior to eleven o'clock P.M. M. String Lights, subject to the following standards_ 1. Stringy lights shall not be. used to solely illuminate or decorate_landscaping features walls. or.fences. 2.All installations of tring_lghtin .shall employ tam ads that do not flash_or flicker. 3__ In association with non-residential.uses, strip li hts may be installed in outdoor dining and entertainment areas only and shall not be used to delineate or outline the edges of.a building or for_anv other purpose. String lighting must be completely extinguished by the -end of normal business hours. 4. In association_ with residential uses,_atringli htin maybe_used todelineate or outline the edges of -patios, -porches decks and similar structures. _Strin li.ghtin must be completetyextinguished. 11 P.M. 5. These limitations do not apply to string lights used as holiday lihtin which are instead subject to holiday.li hting standards. N.Publicly Owned Li hting Publicly owned lighting (including streetlights located._in the ublic fight -of -way) shall befultv,shielded butara not_re uq ired_tocomalvwith li httrespass requirements_ O. _ Searchti hts. The oae.ration of search tights,forpurposes otherthan public safety- or emergencies is prohibited. HISTORY Adopted by Ord. 94-024 §1 on 8/31/1994 Amended by Ord. 95-063 §1 on 10/11/1995 Amended by Ord. 99-022 §1 on 8/25/1999 Renumbered & Amended by Ord. 2025-018 §1 on xx/xx/2025 15.10.+W070 Violations And Penalties For any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve or convert any lighting structure, or cause the same to be done, contrary to or in violation of any provision of this ordinance shall constitute a code violation subject to DCC 18.144.050. HISTORY Adopted by Ord. 94-024 §1 on 813111994 Amended by Ord. 95-063 §1 on 10/1111995 Amended by Ord. 2003-021 §33 on 41912003 Renumbered by Ord. 2025-018 §1 on xx/xx/2025 15.10.+W080 Violations Constitute Public Nuisance Any outdoor lighting fixture erected, constructed, enlarged, altered, repaired, moved, improved, or converted, contrary to the provisions of this ordinance shall constitute a public nuisance Bede viv,ciatiorrsubject to DCC 18.144.040. HISTORY Adopted by Ord. 94-024 §1 on 8/31/1994 Amended by Ord. 95-063 §1 on 10/11/1995 Renumbered &_Amended by Ord. 2025-01.8 §1 on xx/xx/2025 -MTWWWAItstt-\�l\!�!�!�<lRttrM7l�/lR�I �LRA7■tr�l�lfa\N�l\I■t-ii�l�l�1C 1�1\ 17 L2 L J L L J L J L J L J L J L J F LJ LJ LJ LJ LJ L 2 LJ LJ L J Lj L i L i LJ Li L J L.J L i LJ i Lj L LJ Li LJ LJ LJ i Li j Lj Lj Li -2 -2 -2 -2 -2 Li 2 c LJ L L J LJ L J ��1 �� — g — �e Y � ��er � I IJ x P 1 4 ? N O N X X R X C O c0� O O LO N O N T N co N Q N FINDINGS DARK SKIES TEXT AMENDMENTS 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. 11. BACKGROUND: Since November 2021, both the Board and Planning Commission have expressed support for updating DCC Chapter 15.10, Outdoor Lighting Control. In February 2022, the Planning Commission convened an 8-person panel reflecting varying perspectives related to dark skies and outdoor lighting. The panel discussed the importance of dark sky best practices and the increase in light pollution in the region from approximately 2012-2020. In April 2022, the Board directed staff to pursue dark skies best practices and potential goals and policies as part of the Deschutes County 2040 Comprehensive Plan Update process. In October, during a Community Development Department FY 2022-23 Planning Division Work Plan Update, the Board expressed support for revisiting DCC Chapter 15.10 as a standalone work item, emphasizing educational outreach efforts rather than code enforcement responses. Staff convened a second panel discussion in April 2023 to further explore such issues. The panel included representatives from the Oregon Chapter of International Dark -Sky Association (subsequently renamed to DarkSky International), an astronomer, Visit Central Oregon, Central Oregon Builders Association (COBA), Deschutes County Code Enforcement, a farmer/rancher, and a science educator. Notable points that were raised by individuals (but not necessarily group consensus) in this panel included: • Code update should include a revised purpose statement • Exception from shielding for lights on timers should be eliminated • Dark skies initiative is a great example of a diverse economic driver that aligns with natural resource values, destination values, etc. associated with the types of visitors that come to Central Oregon 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 �� (541) 388-6575 Cal cdd@deschutes .org @ www.deschutes.org/cd • Full cutoff fixtures and prevention of light trespass are already measures that the building community is supportive of, but they would likely not be supportive of additional inspection fees • Timers are often the subject of complaints - while they are on a timed window, they can be triggered multiple times each night, which creates more or less continuous lighting. • If all lighting is required to be shielded, it could aid with enforcement Existing Regulations DCC Chapter 15.10, Outdoor Lighting Control, was adopted in 1994. The 1994 amendments require all private and commercial outdoor lighting fixtures located in the unincorporated areas installed after August 10, 1994 utilizing a 110-watt or brighter incandescent bulb to be shielded by design or modification that directs light downward, and must limit direct line -of -sight of the fixture's lamp to the property on which the fixture is installed. Other types of bulbs have different shielding requirements depending on wattage. DCC Chapter 15.10 also provides several exemptions. Legislative Approach and Challenges Updating lighting regulations to improve dark skies has been a consistent theme of Board, Planning Commission, citizen, and panel discussion on this topic. Any new regulations must balance the effectiveness of the code against the public and private costs to operate and enforce the program. Notably, implementation and enforcement are significant challenges; as a result, the proposed amendments seek to simplify the code wherever possible; the proposed code also includes guiding principles for effective and responsible lighting that are not intended to be mandatory approval criteria. In addition to the proposed code amendments, staff will initiate public education efforts aimed at educating County residents and visitors about dark sky principles. The Building Safety Division administers and implements state building codes. Plans examiners and building inspectors do not have the capacity to review or inspect outdoor lighting fixtures through a separate, unfunded application for lighting review. Currently, every building permit reviewed by the Building Safety Division Plan is stamped with a notation that exterior lighting must comply with Deschutes County's lighting regulations. At final inspection, however, not everything noted or stamped on a building plan is inspected. Outdoor lighting -related code enforcement violations are currently identified as a relatively low priority for resolution. Currently, outdoor lighting -related complaints constitute approximately 2% of the total received annually. Code enforcement specialists typically send educational materials to violators to encourage them to achieve compliance through changing their lights and/or shielding their lighting fixtures. Generally, outdoor lighting regulations are difficult to enforce for reasons of property access, inaccuracy of photos as evidence, after-hours site visits/investigations, inaccuracies/calibration/training for measurement devices, and other issues. Notably, code enforcement staff observed during the 2023 panel that a simpler code would likely be easier to enforce. Ill. AMENDMENT SUMMARY: EXHIBIT B - Ordinance No. 2025-018 Page 2 of 8 The proposed streamlined code takes the challenges of enforcement and implementation into consideration, while addressing concerns that have been raised by experts and the public over the last several years. • Definitions: Definitions, which previously utilized a separate section for each term, have been consolidated into a single section, and superfluous or outdated definitions (for instance, those defining certain types of light fixtures that are no longer referred to in the chapter) have been removed. New definitions have been provided for several terms, most notably "downcast," "light trespass," and "string lights." • Purpose statement: This statement has been revised utilizing input from a DarkSky representative to reflect the need for lighting practices that are both safe and responsible, recognizing the County's night sky as an economic and community natural resource. • Guiding principles: These principles, based on those from DarkSky International, have been added and are not intended to be mandatory. However, recognizing the limitations of enforcement, guiding principles can provide applicants with best practices for responsible lighting concepts. • Primary requirements: DCC 15.10.050 presents three requirements applicable to all non- exempt outdoor light fixtures: lights must be downcast, fully shielded, and light trespass is prohibited. The proposed amendments remove distinctions between —and tables referring to —different types of bulbs/fixtures and wattage in favor of a simplified approach that is easier to implement and enforce. During the panel discussions, this simplification was acknowledged as a potentially effective strategy that recognizes the limitations of implementation and enforcement and that is easy to understand. • Prohibitions (formerly DCC 15.10.150) and externally lighted advertising signs (formerly DCC 15.10.160): Both of these sections were deleted, with some language moved to DCC 15.10.060, Exemptions. Both contained redundant references to lighting that must conform to the shielding requirements that apply to all non-exempt fixtures (for instance, top mounted fixtures for advertising signs). Provisions for searchlights, recreational facilities, and bottom mounted advertising lighting were moved to DCC 15.10.060 Exemptions, which more accurately captures the criteria for these types of light fixtures. • Exemptions: The proposed amendments clarify some existing exemptions and add others (see above). The amendments remove several exemptions that would now be subject to the requirements of DCC 15.10.050, including correctional institutions, historical areas, and motion detector lights. The amendments add exemptions for string lights, publicly owned lighting including streetlights, and searchlights. IV. BASIC FINDINGS The Planning Division determined that amendments were necessary to incorporate changes to modernize Deschutes County's outdoor lighting standards. Staff initiated the proposed EXHIBIT B - Ordinance No. 2025-018 Page 3 of 8 amendments and notified the Oregon Department of Land Conservation and Development on June 5, 2025 (File no. 247-25-000377-TA). As demonstrated in the findings below, the amendments remain consistent with Deschutes County Code and the Statewide Planning Goals. 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 7/10/2025 and a public hearing was held before the Board of County Commissioners (Board) on 8/27/2025. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in The Bulletin newspaper on 6/29/2025 for the Commission public hearing and on 8/15/2025 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. EXHIBIT B - Ordinance No. 2025-018 Page 4 of 8 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. FINDING: This criterion is met as the Commission held a public hearing on 7/10/2025. The Board held a public hearing on 8/27/2025. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-25-000377-TA will be implemented by ordinances upon approval and adoption by the Board. This criterion will be met. 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 EXHIBIT B - Ordinance No. 2025-018 Page 5 of 8 review the proposed amendments will require two public hearings, one before the Commission on 7/10/2025 and one before the Board on 8/27/2025. 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 6/29/2025 and 8/15/2025 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. 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: No changes related to agricultural or forest lands are proposed as part of the text amendments. The amendments seek to encourage the utilization of responsible lighting practices that recognize the County's night sky as an economic and community natural resource while still allowing customary farm and forest practices to occur. This goal does not apply. Statewide Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces: FINDING: This goal requires the inventory and protection of natural resources, open spaces, historic sites and areas. No changes related to Goal 5 resources are proposed as part of the text amendments. This goal does not apply. EXHIBIT B - Ordinance No. 2025-018 Page 6 of 8 Statewide Planning Goal 6 - Air, Water, and Land Resource Quality: 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 air, water, and land resource quality. This goal does not apply. Statewide Planning Goal 7 - Areas Subject to Natural Hazards: FINDING: No changes will occur to County programs related to flood management, wildfire mitigation, or other natural hazards. This goal does not apply. Statewide Planning Goal 8 - Recreational Needs: FINDING: The proposed amendments do not address or alter any County recreational programs or land use requirements related to parks and recreation. This goal does not apply. Statewide Planning Goal 9 - Economic Development: FINDING: The proposed amendments do not alter the County's compliance with Goal 9, which is to provide adequate opportunities for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The amendments seek to encourage the utilization of responsible lighting practices that recognize the County's, night sky as an economic and community natural resource. The proposed amendments are in compliance with Goal 9. Statewide Planning Goal 10 - Housing: FINDING: This goal is not applicable because unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Statewide Planning Goal 11 - Public Facilities and Services: 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: 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). The proposed amendments do not alter the County's compliance with Goal 12. Statewide Planning Goal 13 - Energy Conservation: EXHIBIT B - Ordinance No. 2025-018 Page 7 of 8 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: 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. VI. CONCLUSION: Based on the information provided herein, staff recommends the Board of County Commissioners approve the proposed text amendments that make changes necessary to modernize the outdoor lighting ordinance. EXHIBIT B - Ordinance No. 2025-018 Page 8 of 8 T E S COG2� o BOARD OF COMMISSIONERS MEETING DATE: September 24, 2025 SUBJECT: Ordinance No. 2025-018: Dark Skies Text Amendments RECOMMENDED MOTIONS: 1. Move approval of second reading of Ordinance No. 2025-018 by title only. 2. Move adoption of Ordinance No. 2025-018. BACKGROUND AND POLICY IMPLICATIONS: On September 24th, staff will present Ordinance No. 2025-018 for consideration of second reading and adoption by the Board. First reading was conducted on September 10th. The Board held a public hearing on August 271h to consider text amendments to update Deschutes County Code (DCC) Chapter 15.10, Outdoor Lighting Control (File no. 247-25- 000377-TA). BUDGET IMPACTS: None ATTENDANCE: Will Groves, Planning Manager ES e0 w � 4 MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, Senior Planner Will Groves, Planning Manager DATE: September 17, 2025 SUBJECT: Consideration of Second Reading: Dark Skies Text Amendments On September 24, 2025, staff will present Ordinance No. 2025-018 to the Board of County Commissioners (Board) for consideration of second reading and adoption. The Board conducted a public hearing on August 27, 2025 to consider text amendments to update Deschutes County Code (DCC) Chapter 15.10, Outdoor Lighting Control (File no. 247-25- 000377-TA). Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on June 5, 2025. Staff presented the proposed amendments to the Planning Commission on June 26, 2025.' An initial public hearing was held before the Commission on July 10, 2025.2 At that time, the oral portion of the public hearing was closed and the written record was held open until July 16, 2025. The Commission held deliberations on July 24, 20253, issuing a recommendation for approval to the Board with several refinements, and requesting staff to relay the main topics of the Planning Commission discussion to the Board. At the conclusion of the August 27 public hearing before the Board, the Board closed the hearing and the written record, and deliberated immediately. The ordinance provided here reflects the decisions made during those deliberations. The Board conducted first reading on September 10, 2025. All record materials can be found on the project website: https://bit.ly/DeschutesDarkSkies i https://www.deschutes.org/bc-pc/page/planning-commission-68 Z https://www.deschutes.org/bc-pc/page/planning-commission-70 s https://www.deschutes.org/bc-pc/12age/planning-commission-71 I. AMENDMENT SUMMARY The proposed streamlined code takes the challenges of enforcement and implementation into consideration, while addressing concerns that have been raised by experts and the public over the last several years. • Definitions: Definitions, which previously utilized a separate section for each term, have been consolidated into a single section, and superfluous or outdated definitions (for instance, those defining certain types of light fixtures that are no longer referred to in the chapter) have been removed. New definitions have been provided for several terms, most notably "downcast," "light trespass," and "string lights." • Purpose statement: This statement has been revised utilizing previous input from a DarkSky representative to reflect the need for lighting practices that are both safe and responsible, recognizing the County's night sky as an economic and community natural resource. • Guiding principles: These principles, based on those from DarkSky International, have been added and are not intended to be mandatory. However, recognizing the limitations of enforcement, guiding principles can provide applicants with best practices for responsible lighting concepts. The City of Sisters utilizes a similar technique in its recently revised lighting ordinance. • Primary requirements: DCC 15.10.050 presents three requirements applicable to all non-exempt outdoor light fixtures: lights must be downcast, fully shielded, and light trespass is prohibited. The proposed amendments remove distinctions between — and tables referring to —different types of bulbs/fixtures and wattage in favor of a simplified approach that is easier to implement and enforce. During the panel discussions, this simplification was acknowledged as a potentially effective strategy that recognizes the limitations of implementation and enforcement and that is easy to understand. • Prohibitions (formerly DCC 15.10.150) and externally lighted advertising signs (formerly DCC 15.10.160): Both of these sections were deleted, with some language moved to DCC 15.10.060, Exemptions. Both contained redundant references to lighting that must conform to the shielding requirements that apply to all non-exempt fixtures (for instance, top mounted fixtures for advertising signs). Provisions for searchlights, recreational facilities, and bottom mounted advertising lighting were moved to DCC 15.10.060 Exemptions, which more accurately captures the criteria for these types of light fixtures. • Exemptions: The proposed amendments clarify some existing exemptions and add others (see above). The amendments remove several exemptions that would now be subject to the requirements of DCC 15.10.050, including correctional institutions, historical areas, and motion detector lights. The amendments add exemptions for Page 2 of 3 string lights, publicly owned lighting including streetlights, and searchlights. Changes Since Hearing and Deliberations During deliberations, the Board directed staff to finalize the amendment package to include the following change: • Exemptions for holiday lighting (DCC 15.10.060(C)): Based on discussion during deliberations, this provision was modified slightly to better reflect current practices and accommodate lighting schedules that relate to the Thanksgiving holiday (previous requirement was from December 1 - January 15). Revised language: "Seasonal holiday lighting from the day after Thanksgiving to January 15 is exempt. Other event -specific lighting for no more than fourteen cumulative days in a single calendar year also is exempt. "Event -specific lighting' means lighting other than seasonal holiday lighting, illuminated for a period not to exceed fourteen cumulative days in a calendar year, associated with a holiday or other special occasion." II. NEXT STEPS Ordinance No. 2025-018 will become effective 90 days after second reading, on December 23, 2025. Attachments: 1. Ordinance No. 2025-018 and Corresponding Exhibits Page 3 of 3