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2025-385-Ordinance No. 2025-016 Recorded 11/18/2025REVIEWED Recorded in Deschutes County CJ2025-385 Steve Dennison, County Clerk LEG COUNSEL Commissioners' Journal 11 /18/2025 3:50:46 PM 2025-385 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Deschutes County Code Title 18, Zoning Ordinance Relating to Farm and * ORDINANCE NO. 2025-016 Forest Modernization Rulemaking. WHEREAS, the Deschutes County Community Development Department ("CDD") initiated amendments (Planning Division File No. 247-25-000297-TA) to the Deschutes County Code ("DCC") Chapter 18.04 — Definitions, 18.16 — Exclusive Farm Use Zone, Chapter 18.36 — Forest Use Zone; F-1, Chapter 18.40 — Forest Use Zone; F-2; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on June 26, 2025, and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on September 10, 2025, and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDING. Chapter 18.04, 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 stri'��a gh. Section 2. AMENDING. Chapter 18.16, Exclusive Farm Use Zone, is amended to read as described in Exhibit "B" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 3. AMENDING. Deschutes County Code Chapter 18.36, Forest Use Zone; F-1, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ik�gh. Section 4. AMENDING. Deschutes County Code Chapter 18.40, Forest Use Zone; F-2, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strip. PAGE 1 OF 2 - ORDINANCE NO.2025-016 Section 5. FINDINGS. The Board adopts as its findings Exhibit "E," attached and incorporated by reference herein. Dated this � of (9 &-0 A&t- , 2025 ATTEST: ecordUg Secre66 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PHILIP CHANG, Coffimissioner Date of I" Reading: / 51— day of 1D bt r— , 2025. Date of 2" d Reading: / 5M' day of ® C�D bt , 2025. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone V _ Patti Adair ✓ _ _ Philip Chang Effective date:'3P' day ot TMR(,t4_, 2020 Ili PAGE 2 OF 2 - ORDINANCE NO.2025-016 Exhibit Ato Ordinance 2025-016 CHAPTER 18.04 TITLE PURPOSE AND DEFINITIONS 18.04.010 Title 18.04.020 Purpose 18.04.030 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, or, where such words and phrases are defined in applicable Oregon Revised Statutes (ORS) and/or Oregon Administrative Rules (OAR), as defined therein. If there is any conflict between the definitions set forth in DCC 18.04.030 and the definitions of the same words and phrases in applicable ORS and/or OAR, the definitions in ORS and/or OAR shall prevail. "Facility for the processing of farm products" means a facility for: A. Processing farm crops, including the production of biofuelas defined in ORS 315.141, if at least one -quarter of the farm crops come from the farm operation containing the facility; or B. Slaughtering, processing or selling poultry, -err -poultry products rabbits or rabbit products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2). "Farm use" has the_meanin%� liven in ORS 215.203 and OAR 660-033-0020. means the -- - -- -- ---- -- - -- - ---- -- -- -- -- -- - - . .: ... - lit .... .. .. MAN- - - - -■ -. loan MAILL (Ord. Chapter 18.04 35 (04/2015); Ord. 88-050 §3, 1988) HISTORY Adopted by Ord. PL45 on 11/1/1979 Amended by Ord. 82-013 §1 on 5/25/1982 Amended by Ord. 83-037§2 on 6/1/1983 Amended by Ord. 83-033 §1 on 6/15/1983 Amended by Ord. 84-023 §1 on 8/1/1984 Amended by Ord. 85-002 §2 on 211311985 Amended by Ord. 86-032 §1 on 4/2/1986 Amended by Ord. 86-018 §1 on 6/30/1986 Amended by Ord. 86-054 §1 on 6/30/1986 Amended by Ord. 86-056 §2 on 6/30/1986 Amended by Ord. 87-015 §1 on 611011987 Amended by Ord. 88-009 §1 on 3/30/1988 Amended by Ord. 88-030 §3 on 8/17/1988 Amended by Ord. 89-004 §1 on 3/24/1989 Amended by Ord. 89-009 §2 on 1112911989 Amended by Ord. 90-014 §2 on 711211990 Amended by Ord. 91-002 §11 on 2/6/1991 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 2/7/1992 Amended by Ord. 92-034 §1 on 4/8/1992 Amended by Ord. 92-065 §§1 and 2 on 1112511992 Amended by Ord. 92-066 §1 on 1112511992 Amended by Ord. 93-002 §§i, 2 and 3 on 2/3/1993 Amended by Ord. 93-005 §§1 and 2 on 412111993 Amended by Ord. 93-038 §1 on 7/28/1993 Amended by Ord. 93-043 01, 1A and 18 on 8/25/1993 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 6/8/1994 Amended by Ord. 94-041 §§2 and 3 on 9/14/1994 Amended by Ord. 94- 338 §3 on 101511994 Amended by Ord. 94-053 §1 on 121711994 Amended by Ord. 95-007§1 on 3/1/1995 Amended by Ord. 95-001 §1 on 3/29/1995 Amended by Ord. 95-075 §1 on 7112911995 Amended by Ord. 95-077§2 on 1212011995 Amended by Ord. 96-003 §2 on 3/27/1996 Amended by Ord. 96-082§1 on 11/13/1996 Amended by Ord. 97-017§1 on 311211997 Amended by Ord. 97-003 §1 on 6/4/1997 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 10/1012001 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 2/6/2008 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. 201.6-006 §1 on 212712017 Amended by Ord. 2017-015 §1 on 111112017 Repealed by Ord. 2018-005 §8 on 10/1012018 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 11712025 Amended by Ord. 2025-002 §1 on 312812025 Amended by Ord. 2025-016 §1 on x/xx/xxxx Exhibit B to Ordinance 2025-016 CHAPTER 18.16 EXCLUSIVE FARM USE ZONES 18.1.6.010 Purpose 18.16. 20 Uses Permitted Outright 18.16.025 Uses Permitted Subject To The Special Provisions Under DCC Section 18.16.038 Or DCC Section 18.16.042 And A Review Under DCC Chapter 18.124 Where Applicable 18.16.030 Conditional Uses Permitted: High Value And Non -High Value Farmland 18.16.031 Conditional Uses On Non -High Value Farmland Only 18 16.033 Conditional Uses On High Value Farmland Only 18.16.035 Destination Resorts 18.16.037 Guest Ranch 18.16.038 Special Conditions For Certain Uses Listed Under DCC 18.16.025. 18.16.040 Limitations On Conditional Uses 18.16 042 Agri -Tourism And Other Commercial Events Or Activities Limited Use Permit 18.16.043 Single Permit 18 16 050 Standards For Dwellings In The EFU Zones 18.16.055 Land Divisions 18.16.060 Dimensional Standards 18.16.065 Subzones 18 16.067 Farm Management Plans 18.16.070 Setbacks 18.16.080 Ordinary High Water Mark Setbacks 18.16.090 Rimrock Setback 18.16.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Farm use, having the meaning given in ORS 215.203 and OAR 660-033-0020. as B. Propagation or harvesting of a forest product. C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). D. Accessory buildings customarily provided in conjunction with farm use. E. Climbing and passing lanes within the right of way existing as of July 1, 1987. F. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land lots or parcels result. G. Temporary public road and highway detours that will be abandoned and restored to original condition or use when no longer needed. H. Minor betterment of existing public road and highway -related facilities such as maintenance yards, weigh stations, and rest areas, within a right of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways. I. Creation, restoration, or enhancement of wetlands. J. A lawfully established dwelling maybe altered, restored, or replaced as allowed by and subject to the requirements of ORS 21.5.291 and OAR 660-033-130.subjeette 1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937. K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the National Register of Historic Places and on the County inventory as a historic property as defined in ORS 358.480, and subject to 18.16.020(J)(1)above. L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. M. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: 1. A public right of way; 2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or 3. The property to be served by the utility. N. The land application of reclaimed water, agricultural process or industrial process water or biosolids, or the onsite treatment of septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 46813.053 or 46813.055, or in compliance with rules adopted under ORS 46813.095, and with the requirements of ORS 215.246 to 215.251. For the purposes of this section, onsite treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land application of biosolids is authorized under the license, permit or other approval. O. Fire service facilities providing rural fire protection services. P. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). Q. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16. R. Composting operations that are accepted farming practices in conjunction with and auxiliary to farm use on the subject tract as allowed under OAR 660-033-0130(29). HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 81-001 §1 on 3/5/1981 Amended by Ord. 81-025 §1 on 711511981 Amended byOrd. 86-007§1 on 1/29/1986 Amended by Ord. 91-002 §3 on 2/6/1991 Amended by Ord. 91-005 §4 on 3/4/1991 Amended by Ord. 91-020§1 on 5/29i1991 Amended by Ord. 91• 024 §1 on 612611991 Amended by Ord. 91-038 §§1 and 2 on 9/30/1991 Amended by Ord. 92-065 §3 on 1112511992 Amended by Ord. 95-007§10 on 3/1/1995 Amended by Ord. 98-030 §1 on 5/13/1998 Amended by Ord. 2001-016 §2 on 312812001 Amended by Ord. 2001-039 §1 on 1211212001 Amended by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2008-001 §2 on 51612008 Amended by Ord. 2009-014 §1 on 612212009 Amended by Ord. 2010-022 §2 on 711912010 Amended by Ord. 2012-00.7§2 on 51212012 Amended by Ord. 2014_010§1 on412812014 Amended by Ord. 2016-015 §2 on 71112016 Amended by Ord. 2018-006 §5 on 1112012018 Amended by Ord. 2021-004 §1 on 512712021 Amended by Ord. 2025-002 §4 on 312812025 Amended by Ord 2025-016 §2 on x/xx/xxxx ■moo■ G[.7til on l:nii\.71M7N r 1lR a.— ; b.—Indcor pitirnbing consisting of a kitchen sink,toRet, and bathing �—thtee"NO—A Firing for interior lightsa-nd 161000 1 uLa.4vivil-glig Lc :erne dwelling was assessed aa dweiHng forpurposes :: vaierem taxationdestruction or demobtion and sinee the iater of. MVI1[�7:1�1\•llf•\ilr:\1.lt\\•\�3�1•l�tl•\•l��•11!\�1��\:1. \\UJ•R:l ■ ,11amns-L. - - -\�i•\'1'1 f111�1 `1`C.:h1�.1• l:l\sli t•I i1:J��:lll/l l�<lil\•l�il::l•tl �:I�l�l tal\:f:/C:\a:lii►aili:J�:tr.\'17l•R\•/:1►1C:IilI P7i►.is �i\9`1.i111i1°a11�\:MLllIP1►1d:1\Min Eggs Ldmmi r.Iv�:►E;::- \---------_ PI IV, R77!� . VAi/gri\wil:itq l.r I&I _ r Y l�Pllil:l••1�1\•/'1`/l\\t•�\�:1:1�1�1•l•l:l.l:l��il4:l•IP7 Ul�h1:J l�l�l:l\►:l��n1�t:J l\�► EUMMU . WWI oil Ir Isr:l MJ!ML r;1■l�P=�C.'.Iill fi b.��ly\mil■lil___� ----it-liil l�l�ilil■ii1l�R1\li►yt7\IDZ1�lil■lil�R �--i - --i.--i i i- WONi .. - - - i- -- - - -- • . - _ _- - - i -- - - • ' i - i MLIVAELWAM -- --- - �..- -o --■- -i--i . .. - - - - - -w f, -- - wwallst aw�i�i� _ ►� �lil\[�7\l•►•1\l•J■llr'.�\ti•lrlly\\►mil\\l•V1�1�1t11�1�1�J �1\•1r11:1•t�l\lRl�l t\\IN�.ly1\►ilia\\\RP7 HISTORY Adopted by Ord. 2014-010 §1 on 412812014 Amended by Ord. 2021-013 §4 on 41512022 Amended by Ord. 2024-008 §3 on 11712025 Amended by Ord. 2025-002 §4 on 312812025 Repea(by Ord 2025-016 §2 on x/xx/xxxx 18.16.030 Conditional Uses Permitted; High Value And (don®High Value Farmland The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or non -high value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC Title 18. A. Nonfarm dwelling. B. Lot of record dwelling. C. Subject to the standards of ORS 215.296, residential home in existing dwellings. D. A hardship dwelling, as described in DCC 18.16.050(H). E. Commercial activities that are in conjunction with farm use, but not including the processing of farm crops as described in DCC 18.16.025. F. Operations conducted for: Mining and processing of geothermal resources as defined by ORS 522.005, and Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under DCC 18.16.020. G. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the same tract as the existing use, subject to ORS 215.283 and OAR 660-033-0130. H. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. I. Community centers owned by a governmental agency or a nonprofit organization and operated primarily by and for residents of the local rural community. 1. A community center authorized under this section may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. 2. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. J. Transmission towers over 200 feet in height. K. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and 18.128.260, and OAR 660-033-0130), for the purpose of generating power for public use by sale, not including wind power generation facilities. L. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. M. Home Occupation as allowed by and, —subject to the requirements of ORS 215.448, OAR 660-033-0130, and DCC 18.116.280. - -- - - -- - - -- - - --- -- -- : : ` : stirnai�:iaaislii\rn\•�u�ma:v�u:a\use;•��•lu►a�a:u\aul�.�unurn�•i :l i:l fly ZFMM1_ks]Itl l�l�•Jtti•\I:ll:ll l l:Jr ■lM7l:l f:It:1t•:►y M11:1:1dIVt:l� 1•MP9M:li 3'V_9Mi1R1:71�►:5.1�7 [.l\Ls:li-li�:lilil d��l�l\:1•L:lit•�►.fn7l\�l�l:<•��1:)\�f\.C:1•�\\•l�fl•llQ\I.�l�i:l��l.IIQ\I��lti �l�l l�l:��D71 7E! _ _ ■ua�►•Ju►:illi.l•r.nl•J•1�7�rn\.l•1tR1.Il�.A1.1\f..l•1\•�I.11�l�l�l lf•1•Il\. tl\.\ti tRN1M N. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 213.203(2). 1. The primary processing of a forest product, as used in DCC 18.16.030, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. 2. Forest products, as used in DCC 18.16.030, means timber grown upon a lot or parcel of land or contiguous land where the primary processing facility is located. O. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not resulting in the creation of new land lots or parcels. P. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings, but not resulting in the creation of new land lots or parcels. Q. Improvement of public road and highway -related facilities such as maintenance yards, weigh stations, and rest areas, where additional property or right of way is required, but not resulting in the creation of new land lots or parcels. R. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission or insect species. 1. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. 2. The county shall provide notice of all applications under this section to the State Department of Agriculture. 3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application. S. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If approved, this use is subject to the recording of the statement listed in DCC 18.16.020(1)(1). T. Fill or removal within the bed and banks of a stream or river or in a wetland. U. Roads, highways and other transportation facilities, and improvements not otherwise allowed under DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first granted under state law. Transportation uses and improvements may be authorized under conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065. V. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, includingthe excavation and miningfor facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. W. A living history museum. X. Operations for the extraction and bottling of water. Y. Transportation improvements on rural lands allowed by and subject to the requirements of ORS 215.283(3) and OAR 660-012-0065. Z. Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. AA. Extended outdoor mass gatherings, subject to DCC 8.16. AB. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. AC. Wind power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130. AD. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130. On high -value farmland only, photovoltaic solar power generation facilities are subject to the provisions in ORS 215.447. AE. Commercial dog boarding kennel, or dog training classes or testing trials that exceed the standards under DCC 18.16.025(K), subject to DCC 18.16.040(A)(1 and 2). AF. Equine and equine -affiliated therapeutic and counseling activities, provided: 1. The activities are conducted in existing buildings that were lawfully constructed on the property before the effective date of January 1, 2019 or in new buildings that are accessory, incidental, and subordinate to the farm use on the tract; and 2. All individuals conducting therapeutic or counseling activities are acting within the proper scope of any licenses required by the state. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 83-028 §1 on 6/1/1983 Amended by Ord. 86-018 §3 on 6/30/1986 Amended by Ord. 87-013§1 on 611011987 Amended by Ord. 90-018 §1 on 511611990 Amended by Ord. 90-014 §§23 and 31 on 711211990 Amended by Ord. 91-005 §5 on 3/4/1991 Amended by Ord. 91-014 §1 on 3/13/1991 Amended by Ord. 91-020 §1 on 512911991 Amended by Ord. 91-038 §2 on 9/30/1991 Amended by Ord. 92-065 §3 on 1112511992 Amended by Ord. 94-008 §9 on 6/8/1994 Amended by Ord. 95-007§11 on 31111995 Amended by Ord. 95-025 §1 on 3/3/1995 Amended by Ord. 98-030 §1 on 5/13/1998 Amended by Ord. 2001-016 §2 on 312812001 Amended by Ord. 2001-039 §1 on 1211212001 Amended by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2008-001 §2 on 51612008 Amended by Ord. 2009-014 §1 on 612212009 Amended by Ord. 2012-007§2 on 51212012 Amended by Ord. 2014-010 §1 on 412812014 Amended by Ord. 2018-006 §5 on 1112012018 Amended by Ord. 2021-013 §4 on 4/5/2022 Amended by Ord. 2024-008 §3 on 11712025 Amended by Ord. 2025-002 §4 on 312812025 Amended by Ord 2025-016 §2 on x/xx/xxxx 18.16.031 Conditional Uses On Non -High Value Farmland Only The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute non -high value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. A disposal site which includes a land disposal site approved by the governing body of a city or County or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. B. Golf course and accessory golf course uses as defined in DCC Title 18 on land determined not to be high value farmland, as defined in ORS 195.300. C. Except for those composting facilities that area farm use as allowed under DCC 18.16.020, composting operations and facilities for which a permit has been granted by the Oregon Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060. 1. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility. 2. On -site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are transported in one vehicle. 3. A composting facility use shall be subject to DCC 18.16.040(MN). D. Private parks, playgrounds, hunting and fishing preserves and campgrounds as allowed by and subject to the requirements of horneORS 215.283 and OAR 660-033- 0130. E. Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, primarily for residents of the rural area in which the school is located, subject to the applicable Oregon Administrative Rules. HISTORY Adopted by Ord. 95-007§12 on 31111995 Amended by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2009-014 §1 on 612212009 Amended by Ord. 2010-022 §2 on 711912010, Amended by Ord. 2012-007§2 on 51212012 Amended by Ord. 2014-010 §1 on 412812014 Amended by Ord. 2020-007§9 on 10/27/2020 Amended by Ord,_2025-016 62 on x/xx/xxxx 18.16.033 Conditional Uses On High Value Farmland Only In addition to those uses listed in DCC 18.16.030 above, the following uses may be allowed on tracts in the Exclusive Farm Use Zones that constitute high value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. Maintenance, enhancement or expansion of a site for the disposal of solid waste approved by the County for which a permit has been granted under ORS 459.245 by the Oregon Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation, subject to other requirements of law. New such sites are prohibited. B. Maintenance, enhancement or expansion of golf course and accessory golf course uses as defined in DCC Title 18 existing as of March 1, 1994, subject to other requirements of law. New such uses are prohibited. Expanded courses may not exceed 36 holes total. HISTORY Adopted by Ord. 95-007§13 on 3/1/1995 Amended by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2009-014 §1 on 612212009 Amended by Ord. 2010-022 §2 on 711912010 Amended by Ord. 2014-01 D §1 on 412812014 Amended by Ord. 2025-016 §2_on x/xx/xxxx 18.16.038 Special Conditions For Certain Uses Listed Under DCC 18.16.025 A. A utilityfacility necessary for public use allowed under DCC 18.16.025 shall be one that must be sited in an agricultural zone in order for service to be provided. To demonstrate that a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and that the facility must be sited in an exclusive farm use zone due to one or more of the following factors: 1. Technical and engineering feasibility; 2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; 3. Lack of available urban and nonresource lands; 4. Availability of existing rights of way; 5. Public health and safety; and 6. Other requirements of state and federal agencies. 7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities that are not substantially similar. 8. The owner of a utility facility approved under this section shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration. 9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060. 10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission. 11. The County shall impose clear and objective conditions on an application for utility facility siting to mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to farm use, in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on surrounding farmlands. 12. Utility facilities necessaryfor public service may include on -site and off -site facilities for temporary workforce housing for workers constructing a utility facility. Such facilities must be removed or converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when project construction is complete. Off -site facilities allowed under this provision are subject to OAR 660-033-0130(5). Temporary workforce housing facilities not included in the initial approval may be considered through a minor amendment request. A minor amendment request shalt have no effect on the original approval. B. Wineries are subject to the following: 1. A winery, authorized under DCC 18.16.025 is a facility that produces wine with a maximum annual production of: a. Less than 50,000 gallons and: 1. Owns an on -site vineyard of at least 15 acres; 2. Owns a contiguous vineyard of at least 15 acres; 3. Hasa long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or 4. Obtains grapes from any combination of i, ii, or iii of this subsection; or b. At least 50,000 gallons and the winery: 1. Owns an on -site vineyard of at least 40 acres; 2. Owns a contiguous vineyard of at least 40 acres; 3. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery,• 4. Owns an on -site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards in Oregon that are located within 15 miles of the winery site; or 5. Obtains grapes from any combination of i, ii, iii, or iv of this subsection. 2. In addition to producing and distributing wine, a winery established under this section may: a. Market and sell wine produced in conjunction with the winery. b. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including: 1. Wine tastings in a tasting room or other location on the premises occupied by the winery; 2. Wine club activities; 3. Winemaker luncheons and dinners; 4. Winery and vineyard tours; 5. Meetings or business activities with winery suppliers, distributors, wholesale customers and wine -industry members; 6. Winery staff activities; 7. Open house promotions of wine produced in conjunction with the winery; and 8. Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery. c. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on -site retail sale of wine, including food and beverages: 1. Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or 2. Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection. d. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsections of this section. e. Host charitable activities for which the winery does not charge a facility rental fee. 3. On -site kitchen. a. A winery may include on -site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (2)(c) of this section. b. Food and beverage services authorized under subsection (2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public. 4. The gross income of the winery from the sate of incidental items or services provided pursuant to subsection (2)(c) to (e) of this section may not exceed 25 percent of the gross income from the on -site retail sate of wine produced in conjunction with the winery. a. The gross income of the winery does not include income received by third parties unaffiliated with the winery. b. At the request of the County, who has land use jurisdiction over the site of a winery, the winery shall submit to the County a written statement that is prepared by a certified public accountant and certifies the compliance of the winerywith this subsection for the previous tax year. 5. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery. 6. If a winery approved under DCC 18.16.038(B)(5) conducts agri-tourism or other commercial events, the winery may not conduct agri-tourism or other commercial events or activities authorized under Deschutes County Code 18.16.042. 7. Gross Income. a. The gross income of the winery from any activity other than the production or sale of wine may not exceed 25 percent of the gross income from the on -site retail of wine produced in conjunction with the winery. b. The gross income of the winery does not include income received by third parties unaffiliated with the winery. c. The winery shall submit to the Deschutes County Community Development Department a written statement, prepared by a certified public accountant that certifies compliance with this section for the previous tax year by April 15 of each year in which private events are held. 8. A winery operating under this section shall provide parking for all activities or uses on the lot, parcel, or tract on which the winery is established. 9. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsections (B)(1) of this section have been planted or that the contract for the purchase of grapes has been executed, as applicable. 10. The siting of a winery shall be subject to the following standards: a. Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places, unless the County grants an adjustment or variance allowing a setback of less than 100 feet. b. Shall comply with DCC Chapter 18.80, Airport Safety Combining Zone, and DCC 18.116.180, Building Setbacks for the Protection of Solar Access. 11. As used in this section, "private events" includes, but is not limited to, facility rentals and celebratory gatherings. 12. The winery shall have direct road access and internal circulation. 13. A winery is subject to the following public health and safety standards: a. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand -atone hand washing stations. b. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including set-up and take -down of temporary structures. c. Noise control. 1. All noise, including the use of a sound producing device such as, but not limited to, loud speakers and public address systems, musical instruments that are amplified or unamplified, shall be in compliance with applicable state regulations. 2. A standard sound level meter or equivalent, in good condition, that provides a weighted sound pressure level measured by use of a metering characteristic with an "A" frequency weighting network and reported as dBA shall be available on - site at all times during private events. d. Adequate traffic control must be provided by the property owner to address the following: 1. There shall be one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time. 2. All traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual of Uniform Traffic Control Devices. e. Structures. 1. All permanent and temporary structures and facilities are subject to fire, health and life safety requirements, and shall comply with all requirements of the Deschutes County Building Safety Division and the Environmental Soils Division and any other applicable federal, state and local laws. 2. Compliance with the requirements of the Deschutes County Building Safety Division shalt include meeting all building occupancy classification requirements of the State of Oregon adopted building code. f. Inspection of event premises authorization. The applicant shall provide in writing a consent to allow law enforcement, public health, and fire control officers to come upon the premises for which the Limited Use Permit has been granted for the purposes of inspection and enforcement of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08 Noise Control, and any other applicable laws or ordinances. C. Farm stands as allowed and f-e subject to the reauirements of ORS 215.283 and OAR 660-033-130.the following. - ME --LwBP*IWRU L112tv-- - 1111,101- ---10IN-1 Ill---- KW..l--- ---, 111111111111111111111111111111111 A -- -- ltwMWI M Ill- INN--01 MWIRWA---W&.,MWJ =1NO. wf"i bi Ili -ML- WN.LLrw MAN 0 VIA Wiwi W 12ARR= ME WIL 6111 MI.;L.- D. A site for the takeoff and landing of model aircraft is subject to the following: VIA Wiwi W 12ARR= ME WIL 6111 MI.;L.- D. A site for the takeoff and landing of model aircraft is subject to the following: 1. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building of facility preexisted the use approved under this section. a. The site shall not include an aggregate surface or hard surface area, unless the surface preexisted the use approved under this section. b. An owner of property used for the purpose authorized in this section may charge a person operating the use on the property rent for the property. c. An operator may charge users of the property a fee that does not exceed the operator's cost to maintain the property, buildings and facilities. d. As used in this section, "model aircraft" means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground. E. An associated transmission line is necessary for public service if an applicant for approval under DCC 18.16.025 demonstrates that the line meets either the requirements of 1 or 2 below. 1. The entire route of the associated transmission line meets at least one of the following requirements: a. The associated transmission line is not located on high -value farmland, as defined in ORS 195.300, or on arable land; b. The associated transmission line is co -located with an existing transmission line; c. The associated transmission line parallels an existing transmission Line corridor with the minimum separation necessary for safety; or d. The associated transmission line is located within an existing right of way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground. 2. After an evaluation of reasonable alternatives, the entire route of the associated transmission line meets, subject to DCC 18.16.038(E)(3) and (4) below, two or more of the following factors: a. Technical and engineering feasibility; b. The associated transmission line is locationally-dependent because the associated transmission line must cross high -value farmland, as defined in ORS 195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; c. Lack of an available existing right of way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground; d. Public health and safety, or e. Other requirements of state or federal agencies. 3. As pertains to DCC 18.16.038(E)(2), the applicant shall present findings to the County on how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland. 4. The County may consider costs associated with any of the factors listed in DCC 18.16.038(E)(2) above, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service. HISTORY Adopted by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2008-001 §2 on 51612008 Amended by Ord. 2009-014 §1 on 612212009 Amended by Ord. 2010-022 §2 on 711912010 Amended by Ord. 2012-004 §2 on 411612012 Amended by Ord. 2012-007 §2 on 51212012 Amended by Ord. 2014- 110 §1 on 412812014 Amended by Ord. 2025-002 §4 on 312812025 Amended by Ord 2025-016 §2 on x/xx/xxxx 18.16.040 Limitations On Conditional Uses A. Conditional uses permitted by DCC 18.16.030, 18.16.031, and 18.16.033 may be established subject to applicable p ovisions of ORS 215.296, OAR 660-033-0120, OAR 660-033-0130, DCC 18.128, and upon a finding by the Planning Director or Hearings Body_ that the proposed tise: ..law II Mw w on surrounding lands devoted to farm or forest use; and 3-.1. That the actual site on which the use is to be located is the least suitable for the production of farm crops or livestock. B. A commercial activity allowed under DCC 18.16.030(E) 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 outside of Deschutes County. C. A power generation facility that is part of a commercial utility facility for the purpose of generating power for public use by sale identified in DCC 18.16.030(K) and: 1. That is located on high -value farmland, the permanent features of which shall not preclude more than 12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon Administrative Rules 660, Division 004. 2. That is located on non -high -value farmland, the permanent features of which shall not preclude more than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon Administrative Rules 660, Division 4. 3. A power generation facility may include on -site and off -site facilities for temporary workforce housing as allowed under OAR 660-033-0130(17) and (22)• D. A wind power generation facility includes, but is not limited to, the following system components: all wind turbine towers and concrete pads, permanent meteorological towers and wind measurement devices, electrical cable collection systems connecting wind turbine towers with the relevant power substation, new or expanded private roads (whether temporary or permanent) constructed to serve the wind power generation facility, office and operation and maintenance buildings, temporary lay -down areas and all other necessary appurtenances, including but not limited to on -site and off -site facilities for temporary workforce housing for workers constructing a wind power generation facility. Such facilities must be removed or converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when project construction is complete. Temporary workforce housing facilities not included in the initial approval may be considered through a minor amendment request filed after a decision to approve a power generation facility. A minor amendment request shall be subject to OAR 660-033-0130(5) and shall have no effect on the original approval. A proposal for a wind power generation facility shall be subject to the following provisions: 1. For high value farmland soils described in ORS 195.300(10), that all of the following are satisfied: a. Reasonable alternatives have been considered to show that siting the wind power generation facility or component thereof on high -value farmland soils is necessary for the facility or component to function properly or if a road system or turbine string must be placed on such soils to achieve a reasonably direct route considering the following factors: 1. Technical and engineering feasibility; 2. Availability of existing rights of way; and 3. The longterm environmental, economic, social and energy consequences of siting the facility or component on alternative sites, as determined under OAR 660-033-0130(37)(a)(B); b. The long-term environmental, economic, social and energy consequences resulting from the wind power generation facility or any component thereof at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located on other agricultural lands that do not include high -value farmland soils; c. Costs associated with any of the factors listed in OAR 660-033- 0130(37)(a)(A) may be considered, but costs alone may not be the only consideration in determining that siting any component of a wind power generation facility on high -value farmland soils is necessary; d. The owner of a wind power generation facility approved under OAR 660-033-0130(37)(a) shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this section shall prevent the owner of the facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration; and e. The criteria of OAR 660-033-0130(37)(b) are satisfied. 2. For arable lands, meaning lands that are cultivated or suitable for cultivation, including high -value farmland soils described at ORS 195.300(10), the governing body or its designated must find that: a. The proposed wind power facility will not create unnecessary negative impacts on agricultural operations conducted on the subject property. Negative impacts could include, but are not limited to, the unnecessary construction of roads, dividing a field or multiple fields in such a way that creates small or isolated pieces of property that are more difficult to farm, and placing wind farm components such as meteorological towers on lands in a manner that could disrupt common and accepted farming practices; b. The presence of a proposed wind power facility will not result in unnecessary soil erosion or loss that could limit agricultural productivity on the subject property. This provision may be satisfied by the submittal and county approval of a soil and erosion control plan prepared by an adequately qualified individual, showing how unnecessary soil erosion will be avoided or remedied and how topsoil will be stripped, stockpiled and clearly marked. The approved plan shall be attached to the decision as a condition of approval; c. Construction or maintenance activities will not result in unnecessary soil compaction that reduces the productivity of soil for crop production. This provision may be satisfied by the submittal and county approval of a plan prepared by an adequately qualified individual, show unnecessary soil compaction will be avoided or remedied in a timely manner through deep soil decompaction or other appropriate practices. The approved plan shall be attached to the decision as a condition of approval; d. Construction or maintenance activities will not result in the unabated introduction or spread of noxious weeds and other undesirable weeds species. This provision may be satisfied by the submittal and county approval of a weed control plan prepared by an adequately qualified individual that includes a long-term maintenance agreement. The approved plan shall be attached to the decision as a condition of approval. 3. For nonarable lands, meaning lands that are not suitable for cultivation, the governing body or its designate must find that the requirements of OAR 660- 033-0130(37)(b)(D) are satisfied. 4. In the event that a wind power generation facility is proposed on a combination of arable and nonarable lands as described in OAR 660-033- 0130(37)(b) and (c) the approval criteria of OAR 660-033-0130(37)(b) shall apply to the entire project. E. No aircraft may be based on a personal -use airport identified in DCC 18.16.030(L) 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 Oregon Department of Aviation in specific instances. A personal use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject to any applicable rules of the Oregon Department of Aviation. F. The facility for the primary processing of forest products identified in DCC 18.16.030 is intended to be portable or temporary in nature. Such a facility may be approved for a one-year period which is renewable. G. Batching and blending mineral and aggregate into asphaltic cement may not be authorized within two miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more that are planted as of the date of the application for bat H. Accessory uses for golf courses shall be limited in size and orientation on the site to serve the needs of persons and their guests who patronize the golf course to golf. An accessory use that provides commercial services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate buildings. Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to service only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designed for or include structures for banquets, public gatherings or public entertainment. I. An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall comply with the definition of "golf course" set forth in DCC Title 18 and the provisions of DCC 18.16.040(A). J. An applicant for a nonfarm conditional use may demonstrate that the standards for approval will be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective. K. For purposes of approving a conditional use permit for a lot of record dwelling under DCC 18.16.030, the soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the property owner: 1. Submits a statement of agreement from the Natural Resources Conservation Service of the United States Department of Agriculture that the soil class, soil rating or other soil designation should be adjusted based on new information; or 2. Submits a report from a soils scientist whose credentials are acceptable to the Oregon Department of Agriculture that the soil class, soil rating or other soil designation should be changed; and 3. Submits a statement from the Oregon Department of Agriculture that the Director of Agriculture or the director's designee has reviewed the report described in 2 above and finds the analysis in the report to be soundly and scientifically based. 4. The soil classes, soil ratings or other soil designations used in or made pursuant to this definition are those of the NRCS in its most recent publication for that class, rating or designation before November 4, 1993, except for changes made pursuant to subsections 1-3 above. 5. For the purposes of approving a land use application under OAR 660-033- 0090, 660-033-0120, 660-033-0130 and 660-033-0135, soil classes, soil ratings or other soil designations used in or made pursuant to this definition are those of the NRCS in its most recent publication for that class, rating or designation. ------------- - ; - ; : - - . : : a:�it�''Diu:�i►tiiti�c:=:�iir..i��:��iir�) ■2LWIElmmt"iQ"I :1.14aa?lA*l11l:IitUlMl:NEIiLk' latair�9'1:1:1:�1k:D1�'1'll.%�ila:l9AUQUIail M 601.. _Ie; W.;-I-L _60. M®RrI.MiLi. I F_%I I L-A&W IJR I Is ILL.R. L-AM I &J oI_WT%XO ILM 2 {fib. A living history museum shall be related to resource based activities and be owned and operated by a governmental agency or a local historical society. 1. A living history museum may include limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities, or if the museum administration buildings and parking lot are located within one - quarter mile of an urban growth boundary. 2. As used in this paragraph, a "living history museum" means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and "local historical society" means the Local historic society recognized by the County and organized under ORS Chapter 65. N_. M. Pre -Application Conference 1. Before an applicant may submit an application under DCC Chapter 22.08 and DCC 18.16.031(C), for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Oregon Department of Environmental Quality, the applicant shall: a. Request and attend a pre -application conference described in DCC 18.16.040(Mk)(3); b. Hold a pre -application community meeting described in DCC 18.16.040(MN)(6). 2. DCC 18.16.040(Mff)(1)(a) and (b) apply to an application to: a. Establish a disposal site for composting that sells, or offers for sale, resulting product; or b. Allow an existing disposal site for composting that sells, or offers for sale, resulting product to: 1. Accept as feedstock non -vegetative materials, including dead animals, meat, dairy products and mixed food waste; or 2. Increase the permitted annual tonnage of feedstock used by the disposal site by an amount that requires anew land use approval. 3. During the pre -application conference: a. The applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations; b. The County and other representatives described in DCC 18.16.040(MN)(5) shalt inform the applicant of permitting requirements to establish and operate the proposed disposal site for composting and provide all application materials to the applicant. 4. The applicant shall submit a written request to the County to request a pre - application conference. 5. A representative of the Planning Division and a representative of the Oregon Department of Environmental Quality shall attend the conference along with representatives, as determined necessary by the County, of the following entities: a. Any other state agency or local government that has authority to approve or deny a permit, license or other certification required to establish or operate the proposed disposal site for composting; b. A state agency, a local government or a private entity that provides or would provide one or more of the following to the proposed disposal site for composting: 1. Water systems; 2. Wastewater collection and treatment systems, including storm drainage systems. 3. Transportation systems or transit services; c. A city or county with territory within its boundaries that maybe affected by the proposed disposal site for composting; d. The Department of Land Conservation and Development; e. The State Department of Agriculture; 6. The County shall: a. Provide notice of the pre -application conference to entities described in DCC 18.16.040(MN)(5) by mail and, as appropriate, in any other manner that ensures adequate notice and opportunity to participate; b. Hold the pre -application conference at least 20 days and not more than 40 days after receipt of the applicant's written request; and c. Provide pre -application notes to each attendee of the conference and other entities described above for which a representative does not attend the pre -application conference. 7. After the pre -application conference and before submitting the application for land use approval, the applicant shall: a. Hold a community meeting within 60 days after the pre -application conference: 1. Ina public location in the county with land use jurisdiction; and 2. On a business day, or Saturday, that is not a holiday, with a start time between the hours of 6:00 p.m. and 8 p.m. b. Provide notice of the community meeting to: 1. The owners of record, on the most recent property tax assessment roll, of real property located within one-half mile of the real property on which the proposed disposal site for composting would be located; 2. The resident or occupant that receives mail at the mailing address of the real property described above, if the mailing address of the owner of record is not the mailing address of the real property; 3. Neighborhood and community organizations recognized by the governing body of the County if a boundary of the organization is within one-half mile of the proposed disposal site for composting; 4. A newspaper that meets the requirements of ORS 193.020 for publication; 5. Local media in a press release; and 6. The entities described in 18.16.040(MN)(5) above. 8. During the community meeting, the applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations. 9. The applicant's notice provided under DCC 18.16.040(MN)(6)(b) above must include: a. A brief description of the proposed disposal site for composting; b. The address and the location of the community meeting; and c. The date and time of the community meeting. (Ord.91-011 §1, 1991) HISTORY Adopted by Ord. PL-15 on 11/1/1979 Repealed & Reenacted by Ord. 91-020§1 on 5/29/1991 Amended by Ord. 91-038 §§1 and 2 on 9/30/1991 Amended by Ord. 92-065 §3 on 1112511992 Amended by Ord. 95-007§14 on 31111995 Amended by Ord. 95-075 §1 on 1112911995 Amended by Ord. 98-030 §1 on 5/13/1998 Amended by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2006-008 §3 on 8/29/2006 Amended by Ord. 2008-001 §2 on 51612008 Amended by Ord. 2009-014 §1 on 612212009 Amended by Ord. 2012-007§2 on 51212012 Amended by Ord. 2014-010 §1 on 412812014 Amended by Ord. 2015-016 §2 on 3/28/2016 Amended by Ord. 2018-006 §5 on 1112012018 Amended by Ord. 2020-007 §9 on 1012712020 Amended by Ord. 2025-002 §4 on 312812025 Amended by Ord. 2025-016 §2 on xlxx/xxxx 18.16.042 Agri -Tourism And Other Commercial Events Or Activities Limited Use Permit A. Agri -tourism and other commercial events or activities necessary to support related to and suppartive of agriculture may be approved in an area zoned for exclusive farm :ise only if the standards and criteria in this section are met. 1. A determination under DCC 18.16.042 that an event or activity is `incidental and subordinate' requires consideration of any relevant circumstances, including the nature, intensity, and economic value of the respective farm and event uses that bear on whether the existing farm use remains the predominant use of the tract. -1-2. A determination under DCC 18.16.042 that an event or activity is `necessary to support' either the commercial farm uses or commercial agricultural enterprises in the area means that the events are essential to maintain the existence of either the commercial farm or the commercial agricultural enterprises in the area. B. Application. The application shall include the following. 1. The General Provisions information required in DCC 22.08.010. 2. Awritten description of: a. The proposal. b. The types of agri-tourism and other commercial events or activities that are proposed to be conducted, including the number and duration of the agri-tourism and other commercial events and activities, the anticipated maximum daily attendance and the hours of operation, and how the agri-tourism and other commercial events or activities will be related to and supportive of are necessary to support agriculture and incidental and subordinate to the existing farm use of the tract. c. The types and locations of all permanent and temporary structures, access and egress, parking facilities, and sanitation and solid waste to be used in connection with the agri-tourism or other commercial events or activities. 3. A traffic management plan that: a. Identifies the projected number of vehicles and any anticipated use of public roads; b. Provides an assurance that one traffic control person shall be provided for each 250 persons expected or reasonably expected to be in attendance at anytime during the agri-tourism and other commercial event or activity. The traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual of Uniform Traffic Control Devices. c. Demonstrates that the parcel, lot, or tract has direct access such that the lot, parcel, or tract on which commercial events will occur: 1. Fronts on a public road; or 2. Is accessed by an access easement or private road, and all underlying property owners and property owners taking access between the subject property and the public road consent in writing to the use of the road for agri-tourism and other commercial events or activities at the time of initial application. 4. Inspection of Event Premises Authorization. The applicant shall provide in writing a consent to allow law enforcement, public health, and fire control officers and code enforcement staff to come upon the premises for which the Limited Use Permit has been granted for the purposes of inspection and enforcement of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08 Noise Control, and any other applicable taws or ordinances. C. Approval Criteria. 1. Type 1. Up to six (6) agri-tourism events in a calendar year on a tract maybe approved by a limited use permit that is personal to the applicant and is not transferred by, or transferred with, a conveyance of the tract, if in compliance with: a. Criteria set forth in 18.16.042(C)(2)(d-j). b. May not, individually, exceed one calendar day. c. Commercial events or activities are not permitted. d. Minimum lot area: 5 acres. e. Comply with DCC Chapter 8.08 Noise Control at all times. Sound amplification and sound producing devices are prohibited. f. The maximum attendance is 30 at any one time for all non-residents of the tract. g. Where there is a conflict between this section and DCC 18.16.042(C)(4-12), the more restrictive criteria shall apply. 2. Type 2. Up to six (6) agri-tourism and other commercial events or activities in a calendar year on a tract may be approved by a limited use permit that is personal to the applicant and is not transferred by, or transferred with, a conveyance of the tract, if in compliance with: a. Minimum lot area: 10 acres. b. Agri -tourism events may not, individually, exceed a duration of 72 consecutive hours, excluding set-up and take down of all temporary structures and facilities. The limitation on the hours of operations is included within the duration of 72 consecutive hours. c. Commercial events or activities may not, individually, exceed a duration of 30 consecutive hours, excluding set-up and take down of all temporary structures and facilities. The limitation on the hours of operations is included within the duration of 30 consecutive hours. d. Must be incidental and subordinate to existing farm use of the tract, and shalt be related to and supportive of necessary to support agriculture. e. Set-up and take down of all temporary structures and facilities shall occur up to one business day prior to the agri-tourism and other commercial events or activities and one business day after the agri- tourism and other commercial events or activities between 7:00 a.m. and 10:00 p.m. f. May not require that anew permanent structure be built, used or occupied in connection with the agri-tourism or other commercial events or activities. g. May not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the land use pattern in the area. h. Must comply with ORS 215.296. i. Limited Use Permits approved under this section expire two years from the date of approval. j. Limited Permits maybe renewed for an additional two years subject to: 1. An application for renewal; and 2. Demonstration of compliance with conditions that apply to the Limited use permit and applicable provisions in this section, DCC Chapter 18.16.042. 2. Type 3. Agri -tourism or other commercial events or activities maybe approved by a limited use permit that is personal to the applicant and is not transferred by, or transferred with, a conveyance of the tract, more frequently or for a longer period than allowed under 18.16.042(C)(1) and (2) if the agri- tourism or other commercial events or activities is in compliance with: a. Criteria set forth in 18.16.042(C)(2)(d)(e)(f)(g) and (h). b. Must be incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area. c. Minimum lot area: 160 acres. d. Do not exceed 18 commercial events or activities in a calendar year. e. Commercial events or activities may not, individually, exceed a duration of 24 consecutive hours, excluding set-up and take down of alltemporary structures and facilities. The limitation on the hours of operations is included within the duration of 24 consecutive hours. f. Agri -tourism events may not, individually, exceed a duration of 72 consecutive hours, excluding set-up and take down of all temporary structures and facilities. The limitation on the hours of operations is included within the duration of 72 consecutive hours. g. No more than two commercial events or activities may occur in one month. h. Limited Use Permits approved under this section expire four years from the date of approval. i. Limited Use Permits maybe renewed at four year intervals subject to: 1. An application for renewal; 2. Public notice and public comment as part of the review process. 3. Demonstration of compliance with conditions that apply to the limited use permit and applicable provisions in this section, DCC Chapter 18.16.042. 3. The area in which the agri-tourism or other commercial events or activities are located shall be setback at least 100 feet from the property line. 4. Notification of agri-tourism and other commercial events or activities. a. The property owner shall submit in writing the list of calendar days scheduled for all agri-tourism and other commercial events or activities by April 1 of the subject calendar year or within 30 days of new or renewed limited use permits, if after April 1, to Deschutes County's Community Development Department and Sheriff's Office, and all property owners within 500 feet of the subject property. b. The list of calendar dates for all agri-tourism, commercial events and activities may be amended by submitting the amended list to the same entities at least 72 hours prior to any date change. c. If such notice is not provided, the property owner shall provide notice by Registered Mail to the same list above at least 10 days prior to each agri-tourism and other commercial event or activity. d. The notification shall include a contact person or persons for each agri-tourism and other commercial event or activity who shall be easily accessible and who shall remain on site at all times, including the person(s) contact information. 5. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand washing stations. 6. Hours of Operation. No agri-tourism and other commercial event or activity may begin before 7:00 a.m. or end after 10:00 p.m. 7. Overnight camping is not allowed. 8. Noise Control a. All noise, including the use of a sound producing device such as, but not limited to, loud speakers and public address systems, musical instruments that are amplified or unamplified, shall be in compliance with applicable state regulations. b. A standard sound level meter or equivalent, in good condition, that provides a weighted sound pressure level measured by use of a metering characteristic with an "A" frequency weighting network and reported as dBA shall be available on -site at all times during agri- tourism and other commercial events or activities. 9. Transaortation Management. a. Roadways, driveway aprons, driveways, and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips. b. Driveways extending from paved roads shall have a paved apron, requiring review and approval by the County Road Department. c. The parcel, lot, or tract has direct access as defined in DCC Chapter 18.16.042(B)(3)(c). d. Adequate traffic control must be provided by the property owner to address the following: 1. There shall be one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time. 2. All traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual of Uniform Traffic Control Devices. 10. Health and Safety Compliance a. All permanent and temporary structures and facilities are subject to fire, health and life safety requirements, and shall comply with all requirements of the Deschutes County Building Safety Division and the Environmental Soils Division and any other applicable federal, state and local laws. b. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the State of Oregon adopted building code. 11. The maximum number of people shall not exceed 500 per calendar day. 12. Agri -Tourism and other Commercial Events or Activities shall not be allowed: a. Within the County adopted big game winter ranges during the months of December through March. b. Within the County adopted big game migration corridors during the month of April and during the months of October and November. c. Within the County adopted sensitive bird and mammal habitat areas as defined in DCC 18.90.020, unless a site has had no nesting attempt or the nest has failed, as determined by a professional wildlife biologist in May of the calendar year in which the application is approved unless a site has had no nesting attempt or the nest has failed which could be determined in May by a professional wildlife biologist. HISTORY Adopted by Ord. 2012-004 §2 on 411612012 Amended by Ord. 2025-002 §4 on 312812025 Amended by -,Ord. 2025-016 §2 on x/xx/xxxx 18.16.050 Standards For Dwellings In The EFU Zones Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the dwelling is placed, signing and recording in the deed records for the County, a document binding the landowner, and the Landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. A. Farm -related dwellings on non -high value farmland. A dwelling customarily provided in conjunction with farm use, as listed in DCC 18.16.025(A), may be approved if it satisfies any of the alternative tests set forth below: 1. Acreage test. a. On land not identified as high -value farmland, a dwelling, including a manufactured dwelling in accordance with DCC 18.116.070, maybe considered customarily provided in conjunction with farm use if: 1. The lot or parcel on which the dwelling will be located is at Least: A. One hundred sixty acres and not in the Horse Ridge East subzone; or B. Three hundred twenty acres in the Horse Ridge East subzone; 2. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which is evidenced by a farm management plan; 3. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale; 4. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K) and except for seasonal farmworker housing approved prior to 2001; 2. Median acreage/gross sales test. a. On land not identified as high -value farmland, a dwelling, including a manufactured dwelling in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if: 1. The subject tract is at least as large as the median size of those commercial farm or ranch tracts capable of generating at least $10,000 in annual gross sales that are located within a study area that includes all tracts wholly or partially within one mile of the perimeter of the subject tract; 2. The subject tract is capable of producing at least the median Level of annual gross sales of County indicator crops as the same commercial farm or ranch tracts used to calculate the tract size in DCC 18.16.050(A)(2)(a)(1); 3. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which is evidenced by a farm management plan, at a level capable of producing the annual gross sales required in DCC 18.16.050(A)(2)(a)(2). If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to establishment of the farm use capable of meeting the median income test. 4. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size; 5. There is no other dwelling on the subject tract(1), except as allowed under DCC 18.16.020(K) and except for seasonal farmworker housing approved prior to 2001; and 6. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale. b. For the purpose of calculating appropriate tract sizes and gross incomes to satisfy DCC 18.16.050(A)(2)(a)(1) and (2), the County will utilize the methodology contained in Oregon Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC pursuant to Oregon Administrative Rules 660-33-135(4). 3. Gross annual income test. a. On land not identified as high -value farmland, a dwelling, including a manufactured dwelling in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if: 1. The subject tract is currently employed for a farm use, and that the farm operator earned $40,000 in gross annual revenue in the last two years, three of the last five years, or based on the average farm revenue earned on the tract in the highest three of the last five years. 2. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K) and except for seasonal farmworker housing approved prior to 2001; 3. The dwelling will be occupied by a person or persons who produced the commodities which grossed the income in DCC 18.16.050(A)(3)(a)(1); and b. In determining gross revenue, the cost of purchased livestock shall be deducted from the total gross revenue attributed to the tract. c. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may be used to meet the gross revenue requirements. d. Only gross revenue from land owned, not leased or rented, shall be counted; and gross farm revenue earned from a lot or parcel which has been used previously to qualify another tot or parcel for the construction or siting of a primary farm dwelling may not be used. e. Prior to a dwelling being approved under this section that requires one or more contiguous or noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue requirements, the applicant shall provide evidence that the covenants, conditions and restrictions form attached to Chapter 18.16, has been recorded with the county clerk or counties where the property subject to the covenants, conditions and restrictions is located. 1. The covenants, conditions and restrictions shalt be recorded for each lot or parcel subject to the application for primary farm dwelling and shall preclude: A. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed under ORS Chapter 215; and B. The use of any gross farm revenue earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling; C. The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located; D. The failure to follow the requirements of this section shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property which is subject to the covenants, conditions and restrictions required by this section. f. The applicant shall submit an IRS tax return transcript and any other information the countymay require that demonstrates_ compliance with the gross farm income requirement. B. Farm related dwellings on high value farmland. On land identified as high -value farmland, a dwelling, including a manufactured dwelling in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if: 1. The subject lot or parcel is currently employed for the farm use as defined in DCC 18.04.030, and that the farm operator earned at least $80,000 in gross annual revenue from the sale of farm products in the last two years, three of the last five years, or based on the average farm revenue earned by the farm operator in the best three of the last five years. In determining gross revenue, the cost of purchased livestock shall be deducted from the total gross revenue attributed to the tract; 2. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K) and except for seasonal farmworker housing approved prior to 2001; 3. The dwelling will be occupied by a person or persons who produced the commodities which grossed the revenue under DCC 18.16.050(B)(1); 4. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may be used to meet the gross revenue requirements. 5. When a farm or ranch operation has lots or parcels in both "western" and "eastern" Oregon as defined in OAR 660-033-0020, lots or parcels in eastern or western Oregon may not be used to qualify a dwelling in the other part of the state. 6. Only gross revenue from lots or parcels owned, not leased or rented, shall be counted; and gross farm revenue earned from a tot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used. 7. Prior to a dwelling being approved under this section that requires one or more contiguous or noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue requirements, the applicant shall provide evidence that the covenants, conditions and restrictions form attached to Chapter 18.16 has been recorded with the county clerk. The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for primary farm dwelling and shall preclude: a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS Chapter 215; and b_The use of any gross farm revenue earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling. 8. The applicant shall submit an IRS tax return transcript and any other information the county may require that demonstrates compliance with the gross farm income requirement. C. Accessory dwelling. A dwelling, including a manufactured dwelling in accordance with DCC 18.116.070, is considered to be an accessory farm dwelling customarily provided in conjunction with farm use when: 1. The accessory dwelling meets the following criteria: a. The accessory farm dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator; and b. The accessory farm dwellingwill be located: 1. Or. the same lot or parcel as the primary farm dwelling; or 2. On the same tract as the primary farm dwelling when the lot or parcel on which the accessory farm dwelling will be sited is consolidated into a single lot or parcel with all other contiguous lots and parcels in the tract; or 3. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is limited to only a manufactured dwelling and a deed restriction substantially in compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County Clerk. The deed restriction shalt require the manufactured dwelling to be removed when the lot or parcel is conveyed to another party. The manufactured dwelling may remain if it is reapproved under DCC 18.16.050; or 4. On a lot or parcel on which the primary farm dwelling is not Located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under DCC 18.16.065 and the lot or parcel complies with the gross farm income requirements in DCC 18.16.050(A)(3) or (13)(1), whichever is applicable; and c. There is no other dwelling on land zoned EFU owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling; and 2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the following: a. On land not identified as high -value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed in farm use and produced $40,000 in gross annual sales in the last two years, three of the last five years, or based on the average farm revenue earned on the tract in the highest three of the last five years. In determining gross revenue, the cost of purchased livestock shalt be deducted from the total gross revenue attributed to the tract; or b. On land identified as high -value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use, and produced at least $80,000 in gross annual revenue from the sale of farm products in the last two years, three of the last five years, or based on the average farm revenue earned on the tract in the highest three of the last five years. Gross revenue shall be calculated by deducting the cost of purchased livestock from the total gross revenue attributed to the tract; and 3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be approved for a division of land except as provided for in DCC 18.16.055(B). 4An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the requirements for a nonfarm dwelling pursuant to DCC 18.16.050(G). 4:5._ The applicant shall submit an IRS tax return transcript and any other information the count may require that demonstrates compliance with the gross farm income requirement in DCC 18.16.050_(Cl(2)(al or (b whichever is a ipp icabie_ D. Relative farm help dwelling. 1. A dwelling listed in DCC 18.16.025(B) is allowed when: a. The subject tract is a commercial farming operation. b. The dwelling is a manufactured dwelling and is sited in accordance with DCC 18.116.070, or is a site -built dwelling; c. The dwelling is located on the same lot or parcel as the dwelling of the farm operator, and is occupied by a relative of the farm operator or farm operator's spouse, including a grandparent, step -grandparent, grandchild, parent, step-parent, child, sibling, step -sibling, niece, nephew, or first cousin of either, if the farm operator does, or will, require the assistance of the relative in the management of the farm use. 1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this subsection obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new lot or parcel. 2. Prior conditions of approval for the subject land and dwelling remain in effect. 3. For purposes of this subsection, "Foreclosure" means only those foreclosures that are exempt from partition under ORS 92.010(9)(a). d. The farm operator plays the predominant role in the management and farm use of the farm and will continue to do so after the relative farm help dwelling is approved. e. Any approval granted under DCC 18.16.050 shall be conditioned with a requirement that the farm operator annually submit a report to the Planning Division identifying the resident(s) of the dwelling, their relationship to the farm operator, the assistance the resident provides to the farm operator, and verifying the farm operator's continued residence on the property and the predominant role the farm operator continues to play in the management and farm use of the farm. 2. A manufactured dwelling permitted under DCC 18.16.050 shall be considered to be a temporary installation, and permits for such home shall be renewable and renewed on an annual basis. The manufactured dwelling shall be removed from the property if it no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. 3. A dwelling approved under DCC 18.16.050 shall be removed or converted to an allowable use within one year of the date the relative farm help dwelling no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. 4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval Agreement shall be recorded with the Deschutes County Clerk prior to issuance of any building or placement permit for the new dwelling on the property. 5. For the purposes of DCC 18.16.050(D), a farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing. E. Lot of record dwelling on non -high value farmland. 1. A lot of record dwelling may be approved on a pre-existing lot or parcel on non -high value farmland when all of the following requirements are met: a. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and owned continuously by the present owner: 1. Prior to January 1, 1985; or 2. By devise or by intestate succession from a person who acquired and owned continuously the lot or parcel prior to January 1, 1985. b. The tract on which the dwelling will be sited does not include a dwelling. c. For lots or parcels located within a wildlife area (WA) combining zone, siting of the proposed dwelling would be consistent with the Limitations on density as applied under the applicable density restrictions of DCC 18.88. d. If the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single Lot or parcel when the dwelling is allowed. e. The County Assessor shall be notified of any approval of a dwelling under DCC 18.16.050. f. If the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of the tract; 2. For purposes of DCC 18.16.050(E), "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in- law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, grandparent, or grandchild of the owner or a business entity owned by any one or a combination of these family members. 3. For purposes of DCC 18.16.050(E), the date of creation and existence means that, when a lot, parcel, or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel, or tract for the siting of a lot of record dwelling, the date of the reconfiguration is the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel, or tract. F. Lot of record dwelling on high -value farmland. 1. A lot of record dwelling on a pre-existing lot or parcel will be approved on high value farmland when all of the following requirements are met: a. The requirements set forth in DCC 18.16.050(E)(1)(a) through (f), as determined by the County; and b. The requirements of Oregon Administrative Rules 660-33-130(3)(c)(C), as determined by the County hearings officer. 2. Applicants under DCC 18.16.050(F) shall make their application to the County. The County shall notify the State Department of Agriculture at least 20 calendar days prior to the public hearing under DCC 18.16.050(F)(1)(b). 3. Applicants under DCC 18.16.050(F) shall be subject to such other procedural requirements as are imposed by the Oregon Department of Agriculture. 4. For purposes of DCC 18.16.050(F), the date of creation and existence means that, when a lot, parcel, or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel, or tract for the siting of a lot of record dwelling, the date of the reconfiguration is the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel, or tract. G. Nonfarm dwelling. 1. One single -unit dwelling, including a manufactured dwelling in accordance with DCC 18.116.070, not provided in conjunction with farm use, may be permitted on an existing lot or parcel subject to the following criteria: a. The Planning Director or Hearings Body shall make findings that: 1. The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices, as defined in ORS 215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use. 2. The proposed nonfarm dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the County shall consider the cumulative impact of nonfarm dwellings on other lots or parcels in the area similarly situated, by applying the standards under OAR 660-033-0130(4)(a)(D), and whether creation of the lot or parcel will lead to creation of other nonfarm lots or parcels, to the detriment of agriculture in the area. 3. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot or parcel that is generally unsuitable for the production of farm crops and livestock or merchantable tree species, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, Location, and size of the tract. 4. The proposed nonfarm dwelling is not within one -quarter mile of a dairy farm, feed lot, or sales yard, unless adequate provisions are made and approved by the Planning Director or Hearings Body for a buffer between such uses. The establishment of a buffer shall be designed based upon consideration of such factors as prevailing winds, drainage, expansion potential of affected agricultural uses, open space and any other factor that may affect the livability of the nonfarm -dwelling or the agriculture of the area. 5. Road access, fire and police services, and utility systems (i.e., electrical and telephone) are adequate for the use. 6. The nonfarm dwelling shall be located on a lot or parcel created prior to January 1, 1993, or was created or is being created as a nonfarm lot or parcel under the land division standards in DCC 18.16.055(B) or (C). 2. For the purposes of DCC 18.16.050(G) only, "unsuitability" shall be determined with reference to the following: a. A lot or parcel or a portion of a lot or parcel shall not be considered unsuitable solely becau ,e of size or location if it can reasonably be put to farm or forest use in conjunction with other land. If the lot or parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable land for the production of merchantable tree species recognized by the Forest Practices Rules, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location, and size of the lot or parcel. b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold, leased, rented, or otherwise managed as part of a commercial farm or ranch, it is not "generally unsuitable:" A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is composed predominantly of Class I -VI soils. Just because a tot or parcel or portion of a lot or parcel is unsuitable for one farm use does not mean it is not suitable for another farm use. If the lot or parcel is under forest assessment, the area is not "generally unsuitable" simply because it is too small to be managed for forest production profitably by itself. c. If a lot or parcel under forest assessment can be sold, leased, rented, or otherwise managed as a part of a forestry operation, it is not "generally unsuitable:" If a lot or parcel is under forest assessment, it is presumed suitable if it is composed predominantly of soil capable of producing 20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be found compatible and not seriously interfere with forest uses on surrounding land it must not force a significant change in forest practices or significantly increase the cost of those practices on the surrounding land. 3. Loss of tax deferral. Pursuant to ORS 215.236, a nonfarm dwelling on a lot or parcel in an Exclusive Farm Use zone that is or has been receiving special assessment may be approved only on the condition that before a building permit is issued the applicant must produce evidence from the County Assessor's office that the lot or parcel upon which the dwelling is proposed has been disqualified under ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to321.8a5 and that any additional tax or penalty imposed by the County Assessor as a .result of disqualification has been paid. H. Temporary hardship dwelling. 1A temporary hardship dwelling listed in DCC 18.16.030 is allowed subject to DCC 18.116.090, and the requirements of this chapter. �2. A temporary hardship dwelling approved under this section is not eligible for replacement under DCC 18.16.020(1). -------------- IF ■ _ __ _ _ _ _ _ _ _ _ _ •y, ■\W\!7,}IN••�_!_7w ••fi_�_!'l'l•!H_ - iJKWAvAftMWJM• L• �[��h1:fi�1��A�1 C•l�\•rt•1•l\�•R\il�ily�ii�iGll�A7i11��itl�liAT�iil�lillT l�ir1\�P7.11.1 Now," -W.TAMIVIM�Wg- i : - _ i i i i - i - o - i - i - o - - - - - i - - • - - - • - i _ i • _ - i - - i iffiell •- ii • i= i - - - i i • i i HISTORY Adopted by Ord. PL-15 on 111111979 Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 91-038 §§1 and 2 on 913011991 Amended by Ord. 92-065 §3 on 1112511992 Amended by Ord: 94-026 §1 on 5/11/1994 Amended by Ord. 95-007§15 on 3/1/1995 Amended by Ord. 98-030 §1 on 5/13/1998 Amended by Ord. 98-033 §1 on 121211998 Amended by Ord. 2004-001 §2 on 711412004 Amended by Ord. 2004-013 §2 on 912112004 Amended by Ord. 2004-020 §1 on 10/1312004 Amended by Ord. 2008-001 §2 on 51612008 Amended by Ord. 2009-014 §1 on 612212009 Amended by Ord. 2012-007 §2 on 51212012 Amended by Ord. 2014-010 §1 on 412812014 Amended by Ord. 2018-006 §5 on 1112012018 Amended by Ord. 2021-013 §4 on 41512022 Amended by Ord. 2025-002 §4 on 312812025 Amended by Ord. 2025-016 §2 on x/xx/xxxx Exhibit C to Ordinance 2025-016 18.36.010 Purpose 18.36.020 Uses Permitted Outright 18.36.030 Conditional Uses Permitted 18.36.040 Limitations On Conditional Uses 18.36.050 Standards For Single -Unit Dwellings 18.36.060 Siting Of DwellinS And Structures 18.36.070 Fire Siting Standards For Dwellings And Structures 18.36.080 Fire Safes Design Standards For Roads 18.36.085 Stocking Requirement 18.36.090 Dimensional Standards 18.36.100 Setbacks 18.36.110 Ordinar ry h Water Mark Setbacks 18.36.120 State Law Controls 18.36.130 Rimrock Setbacks 18.36.140 Restrictive Covenants 18.36.020 uses Permitted Outright The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set forth in DCC 18.36 and any other applicable provisions of DCC Title 18. A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. B. Temporary on -site structures, that are auxiliary to and used during the term of a particular forest operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal4. As used here, temporary structures are those which are portable and/or not placed on a permanent foundation, and which are removed at the conclusion of the forest operation requiring its use. For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or Land, that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded. C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, land disposal sites, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4). Gravel extraction and processing not covered by DCC 18.36.020 is governed by DCC 18.52. D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources. E. Farm use as defined in ORS 215.203. F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that provides service hookups, includingwater service hookups. G. Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use. H. Exploration for mineral and aggregate resources as defined in ORS 517. I. Towers and fire stations for forest fire protection. J. Widening of roads within existing rights of way in conformance with the transportation element of the comprehensive plan including public road and highway projects as described in ORS 215.283(1). K. Water intake facilities, canals and distribution lines for farm irrigation and ponds. L. Uninhabitable structures accessory to fish and wildlife enhancement. M. A lawfully established dwelling may be altered, restored or replaced, as allowed by and subject to the requirements of ORS 215.291 and OAR 660-006-0025.subject t8 N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period is not a "Land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-002 §8 on 2/6/1991 Amended by Ord. 92-025 §2 on 411511991 Amended by Ord. 91-020 §1 on 512911991 Amended by Ord. 94-038 §1 on 101511994 Amended by Ord. 2003-007§1 on 312612003 Amended by Ord. 2012-007 §3 on 51212012 Amended by Ord. 2023-001 §5 on 513012023 Amended by Ord. 2024-008 §5 on 11712025 Amended by Ord 2025-016 §3 on x/xx/xxxx - , teiiet and bathing I- U.—TIMFUluovor p1timbing consisting of a kitehen sink, facilities connected to a sanitary waste disposal systern; e—wiring for interior iights; and el , 70 ::.. : i � olti•�r 1l�7.1a \•u�. ■lam• r. [lai)an la•►All laiil►i�il:u! la ul•au. w ■lava Lim liJMlml:arfir.\4•I all llV<Alr:l:ll N70lIll:l: Ill l/0Ii.lNl:ll\i1P=.11il __ ............ RA r : _ _ _ : ■ �OOLVARGE _ ; • • Gi�Tt�ll7�•t�.lAf \ l il!'!!J1 1�4�■ll�l�l �lf:llylll�l�la: V1•lGlllll!-'# Yr..\•I �l�IIr7lla�llil■tCe1■ Vi•a:Ilaiaa.■l:�T.1■tl�lila•1Y•I?IIR:a : Yl�N1Y:1:1��/:1\•�•aal.irl:J�1�►T_I�1\�11�71.1�1��1f:1�l�r:Il:P7Ytt l:1'1r1.1L�1 R��1�1 ��/ lei{•l l � �t�A7l! ll l ltr ltAa•la•7 G Rl ��i•P llY l!1 011 "Will' Ir�r�c�•.In_ci••Il �. rl� rs,� r� r �nani�lla•�•�laaurl•a►.iwvtt�lu�a�n�.�.r:n�.iaalr:►�lWi.11a9 R3a*wws��r��lw•�llwwr�w��ii�cr. Al -- - - -- -- -- - -- - --- - - - - - - -- -- -- - -- --- --- - -- - - - - - -IN- - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -NEW- III- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ll 0 -- - - -- -- -- -- - - - -- ----- - - --- - - - --- -- -- - - -- - -- -- - - -- - -- - - --- ---- - ---- - - - ----- - - ---- - -- ---- Ir.lilcelia:ntirINN a[i ll:.►:r".:l:.il:aus:�lQ:ac.-l:isaiiltiilaOld .iiva..li►:ltia•ill:=:>.�a:iu:ai ■�lfM ilrlR:f ��l:l�ttl ilal��ll :P.-T iy:Mail--►:tyii---it�aa�iiu�ri�eci i!►ai•r titi i YrVI i-:l�:l i•rt [�7l�J�l�l:l :1rL�T=.I\�l:J l:l\----------1 It ll:ly:l�•U<•.► '.1:1:1.►T-t•l� _ __ —______ irr_ _o __•_ _�_ : _ ___ __ _ __ __ _ ;.r __ __ i�______� _ _ • __ _ _� •_�_ _•�___ i' _ � �l:lfa Al�l�li1•►Rl fif;:lff■l�l�lrl:f�l��l�l�l�li Vlrl�il-1�-�1�1 it Nlrl:.is��-�la�ifs•�tA�:7�iR.\iL��IR[.1- HISTORY Adopted by Ord. 2024-008 §5 on 11712025 Amended by Ord. 2025-002 §7 on 312812025 Repealed by Ord. 2025-016 §3 on x/xx/xxxx The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18. A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring its use. D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the E. Log scaling and weigh stations. F. A disposal site which includes a land disposal site which the.. Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. G. Private parks and campgrounds. as allowed by and subject to the requirements of ORS 215.459 and OAR 660-006-0025. --- -- - - - -- -- --- - - - - - - - - --- - ------ - --- ON' �.. - -- ----- - -- - --- -- -- -- --- - ---- -IM-i 1111 ' : : • : - - -- aal.�:�i.�:ly:��.iraai��aul:r':I�:�f��•l:l�iir".v�yi�\:�.•la�:�i:�. ■ - ----- - --- _ !! !7�!W-MM PEI" -- -- --- --- - -- -- - ---- -- --- - -- - - -- -- - - - - -- - --- - - ---COM i - :J\\�C U :1.1 M\Irl \:l�l�l:�\\f5 \`��l \:1�1►: ►� A-11R:7l:1 .l%:lill�!- w�e�w� rawwrs■� :■i►�•�.�«:7irn�iisii:r..«ai�.�u��►�aii.alit:�a:nr.�•�•iaai�ii:l.��•�•�n�u►.� fff��Of � It-�1A. ME NEW MR Lwf. 10 I.W. AM MEAN IN IWMW IVA ME Iig Ift-71 0 L-i%1L.J MIAMI NEWS %OIN R BOA MWTl 0 Vffw H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18.36.030(D). I. Television, microwave and radio communication facilities and transmission towers. J. Fire stations for rural fire protection. K. Commercial utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception is taken pursuant to Oregon Administrative Rules 660, Division 4. L. Aids to navigation and aviation. M. Water intake facilities, related treatment facilities, pumping stations and distribution lines. N. Reservoirs and water impoundments. O. Cemeteries. P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. electrical, gas, oil, geothermal, telephone, fiber optic cable) with rights of way 50 feet or less in width. Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. R. Home Occupations as allowed by and subject to the requirements of ORS 215.448 ands DCC 18.116.280. S. Expansion of existing airports. T. Public road and highway projects as described as ORS 215.283(2) and 215.283(3). U. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of DCC Title 18 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and 4. Accommodations must be located within one -quarter mile offish bearing Class I waters. V. Forest management research and experimentation facilities as described by ORS 526.215 or where accessory to forest operations. W. Fill or 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. X. Temporary hardship dwelling. nex*stongbuild*ng,crarnantifact-----w-m-m"'-gi-f conjunction with an existing dweRing as a temperary use for the term of a hardship suffered by the existing resident or a relative as defined in e. the -T1 I- -I. I I IE,-- - - - Iiir i�Y.s.►.�� —A temporary hardship -dwelling is conditionally allowed subject to DCC 18.116.090 18.36.040, and 18.36.060. " rneans a medica, hardship or hardship for the eare of an aged or imfirrn =t i�- iii �in�r.►:l�nta:ae U9 ILIkIN ■:j�� l�►i�ir:+t:Y:ram 5:1. A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025. Y. Single -unit dwellings or manufactured dwellings as specified in DCC 18.116.070, as pursuant to DCC 18.36.050. Z. Public parks including only%hose uses specified under OAR 660-034-0035 or 660- 034-0040, whichever is applicable. AA.Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; and 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission. AB. An Extended Outdoor Mass gathering subject to review by a county planning commission pursuant to DCC Chapter 8.16. AC. Permanent facility for the primary processing of forest products. AD. Firearms training facility. AEAE. Transoortation improvements on rural lands allowed by and subject to the requirements of OAR 660-012-0065. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 86-018 §8 on 6/30/1986 Amended by Ord. 90-014 §28 on 711211990 Amended by Ord. 92-025 §2 on 411511991 Amended by Ord. 91-038 §2 on 9/30/1991 Amended by Ord. 92-068 §1 on 121711992 Amended by Ord. 94-038 §1 on 101511994 Amended by Ord. 2001-001 §1 on 112212001 Amended by Ord. 2004-002 §5 on 412812004 Amended by Ord. 2007-020 §3 on 21612008 Amended by Ord. 2012-007§3 on 51212012 Amended by Ord. 2018-006 §6 on 1112012018 Amended by Ord. 2020-007§10 on 1012712020 Amended by Ord. 2025-002 §7 on 312812025 Amended by Ord 2025-016 §3 on x/xx/xxxx 18.36.050 Standards For Single -Unit Dwellings A. General provisions. 1. Dwellings listed as a conditional use under DCC 18.36.050 shall meet the following standards: a. One of the alternative tests set out in DCC 18.36.050(B) (lot of record dwelling), (C) (large tract dwelling), or (D) (template dwelling); b. If the Lot or parcel is part of a "tract;' the remaining undeveloped lots or parcels of the tract shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the County Clerk covenants, conditions and restrictions (on a form substantially similar to that set forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by the County Planning Director, or his authorized representative. c. No other dwellings shall be located on the tract. d. The applicant shall provide evidence that any domestic water supply is from a source authorized in accordance with the Department of Water Resources Oregon Administrative Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or surface water (Oregon Administrative Rules 690, Division 20) and not from a Class II stream as defined in the Forest Practices Rule (Oregon Administrative Rules chapter 629). 1. For purposes of DCC 18.36.050, evidence of a domestic water supply means: A. Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water; or B. A water use permit issued by the Water Resources Department for the use described in the application; or C. Verification from the Water Resources Department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well construction report to the County upon completion of the well. e. If road access to a dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the U.S. Bureau of Land Management or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance. 2. In addition, dwellings listed as a conditional use under DCC 18.36.030(Y) shall be subject to the following standards or conditions: a. The conditional use standards set forth in DCC 18.36.040; b. The siting criteria set forth in DCC 18.36.060; c. The fire siting standards set forth in DCC 18.36.070; d. The fire safety design standards for roads set forth in DCC 18.36.080; e. The stocking requirements set forth in DCC 18.36.085, if applicable; and f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan. 3. Dwellings in forest zones shalt not be subject to conditional use standards. 4. Approval of a dwelling in the forest zone under DCC Chapter 18.36 shall include a condition of approval requiring that, prior to the issuance of a building permit, the landowner sign and record in the deed records for the County a document binding the landowner, and the Landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forestry practices for which no action or claim is allowed under ORS 30.936 or 30.937. B. Lot of Record Dwelling. For approval. under DCC 18.36.050(B), a single -unit dwelling shall meet the following requirements: 1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1, 1985, and was acquired and owned continuously by the present owner either prior to January 1, 1985, or by devise or by intestate succession from a person who acquired the lot or parcel prior to January 1, 1985. 2. For the purposes of DCC 18.36.050(B), "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, grandparent, or grandchild of the owner or a business entity owned by any one or combination of these family members. 3. The dwelling must be located on a tract that is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. a. The roar) shall hP. maintainer) and either paved or surfaced with rock and shall not be a: 1. United States Bureau of Land Management (BLM) road, or 2. a United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction, and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency. 4. For the purposes of DCC 18.36.050, "commercial tree species" means trees recognized for commercial production under rules adopted by the Oregon Department of Forestry pursuant to ORS 527.715. 5. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwellings exists on another lot or parcel that was part of the tract. 6. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed. 7. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed dwelling would be consistent with the limitations on density as applied under the applicable density restrictions of DCC 18.88. C. Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.36.050(B) may be allowed if the subject property consists of at least 240 contiguous acres or 320 acres in one ownership that are not contiguous but are in the same county or adjacent counties and zoned for forest use and does not include an existing dwelling. 1. A deed restriction shall be filed pursuant to DCC 18.36.140 for all tracts that are used to meet the acreage requirements of this subsection. 2. A tract shall not be considered to consist of less than 240 acres because it is crossed by a public road or a waterway. D. Template Dwelling. For approval under DCC 18.36.050(D), a single -unit dwelling shall meet the following requirements: 1. The lot or parcel on which the dwellingwill be sited: a. Was lawfully established; b. Any property line adjustment to the lot or parcel complied with the applicable property line adjustment provisions in ORS 92.192; c. Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and d. If the tot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another tot or parcel that was part of the tract: Rkd 2. The lot or parcel on which the dwellingwill be sited is predominantly composed of soils that are: a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if: 1. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and 2. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if: 1. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and 2. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if: 1. All or part of at least 11 other tots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and 2. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. 3. Requirements of Applying Template a. Lots or parcels within urban growth boundaries shall not be used to satisfy the template requirements under this subsection. b. As used in this section, "center of the subject tract" means the mathematical centroid of the tract. c. If a tract 60 acres or larger described in DCC 18.36.050(D) abuts a road or perennial stream, the measurement shall be made by using a 160-acre rectangle that is one mile long and one fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible aligned with the road or stream. d. If a road crosses the tract on which the dwelling will be located, at Least one of the three required dwellings shall be on the same side of the road as the proposed dwelling. However, one of the three required dwellings shall be on the same side of the road or stream as the tract and: 1. Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible aligned with the road or stream; 2. Be within one -quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract. e. If a tract reviewed under DCC 18.36.050(D) abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160- acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 92-025 §2 on 411511991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 94-038 §1 on 101511994 Amended by Ord. 2003-007§1 on 3/26/2003 Amended by Ord. 2012-007§3 on 51212012 Amended by Ord. 2021 013 §6 on 41512022 Amended by Ord. 2025-002 §7 on 312812025 Amended by Ord. 2025-016 §3 on x/xx/xxxx Exhibit D to Ordinance 2025-016 rqw.FRMTTMTIEIDIZ* a 18.40.010 Purpose 18.40.020 Uses Permitted Outright 18.40.030 Conditional Uses Permitted 18.40.040 Limitations On Conditional Uses 18.40.050 Standards For Single -Unit Dwellings 18 40.060 Siting Of Dwellin s And Structures 18.40.070 Fire Siting Standards For Dwellings And Structures 18.40.080 Fire Safety Design_ Standards For Roads 18.40.085 Stockin Requirement 18.40.09 -Dimensional Standards 18.40.100 Setbacks 18.40110 Ordinary Huh Water Mark Setbacks. 18.40.120 State Law Controls 18.40.130 Rimrock Setback 18.40.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set forth in DCC 18.40 and any other applicable provisions of DCC Title 18: A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. B. Temporary on -site structures that are auxiliary to and used during the term of a particular forest operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal4. As used here, temporary structures are those which are portable and/or not placed on a permanent foundation, and which are removed at the conclusion of the forest operation requiring its use. For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded. C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, land disposal sites, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter 527 and Goal 4). Gravel extraction and processing not covered by DCC 18.40.020 is governed by DCC 18.52. D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources. E. Farm use as defined in ORS 215.203. F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that provides service hookups, including water service hookups. G. Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use. H. Exploration for mineral and aggregate resources as defined in ORS 517. I. Towers and fire stations for forest fire protection. J. Widening of roads within existing rights of way in conformance with the transportation element of the comprehensive plan including public road and highway projects as described in ORS 215.283(1). K. Water intake facilities, canals and distribution lines for farm irrigation and ponds. L. Uninhabitable structures accessory to fish and wildlife enhancement. M. A lawfully established dwelling may be altered, restored or replaced, as allowed by and subject to the requirements of ORS 215.291 and OAR 660-006-0025. OCR N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-002 §9 on 2/6/1991 Amended by Ord. 91-005 §21 on 3/4/1991 Amended by Ord. 92-025 §3 on 411511991 Amended by Ord. 01-020 §1 on 512911991 Amended by Ord. 94-038 §2 on 101511994 Amended by Ord. 2003-007 §2 on 312612003 Amended by Ord. 2012-007 §4 on 5/2/2012 Amended by Ord. 2023-001 §6 on 513012023 Amended by Ord. 20247008 §6 on 11712025 Amended by Ord. 2025-016 §4 on x/xx/xxxx ■ �rl:�ai��\:1■iiil■\��■r.l� �":— `a%� cnwiw� vvauo una �vv� o�iuv�u�v� � V1ti�1�I n7:lf kil hill lfi r flail t■ � t:>r Nl ill l:la\k:l � R:l� ir <A - :: - - - - - : � - ��1��F��1\�lRli•L�I:liltl:/��l�l�ll•1•�l�itl\l!�!.1■11��1�1•l:l■�17.i F.M ily U/l+i\il-i:(:ll-i•Jlt\lly.l�l\l•\R\►.l•l•l t.l�llll•1\l\Maw 1: Al ■ilir la=\irlt\■lam•\'Ylllll�l�•l'--:Pil llilll•t�1•1.7■ll�l�ll•t\•�\lltir.l■►•<r.1•l. r'MOMI-0 ■ll:.&M ■■Ml■lt•l•1rl�ll\1•!� RM Yn VI:l l�II\mil!t•:l%r 1i VI Alat�la <l1l rTellR il:l�.l •l.LL:f l ■ " • ■ " " : -- �■y�•�•vni�\i►tiR:sici\�•l:•\l: • ... - .. • - . • • 1, um • _. • _. • : :: 1 awl _ - - --p:--W - - --- _- -- - --- -- 0--L-A IL.RWIR- :-INN - - ' - - - - - on I MIKSI IS - - - - - - - - - - K�17AWILW-1-- WKW - - -- - - - - - - - - - - lls ids w �:11•Ill!- • :..: : : i M it ll dou.11glE i1C?t:l liil lMfla•iillt•[.71.Z.1\l iRl lilll HISTORY Adopted by Ord. 2024-008 §6 on 11712025 Amended by Ord. 2025-002 §8 on 312812025 Repealed by Ord. 2025-016 §4 on x/xx/xxxx 18.40.030 Conditional Uses Permitted The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18: A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring it use. D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40. E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. F. Log scaling and weigh stations. G. A disposal site which includes a land disposal site which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. H. Private parks and campgrounds as allowed by and subject to the requirements of ORS 215.459 and OAR 660-006-0025. --- 7 1 --------------- :. - ;: P Eli RrIMMININ W9.l\ays:-�- --------- n►:iir._lviail\:za [. M�.1.\.fililT1\�t:2J1:1.1\►:\\rV�:J►:1��1:1��L!1�1�71.J�.l�lti�\IN\llT:l\\I.J /. t�A \l:la Nl:l\mil\.fl\l:l\lea.\Illyt:Jr�\\r/.\I��l�l\.1:fAU=lM7�`1`�\Ill\l:l`l�l�P : ■�►��`I.IIR�I\Gll�:leia:lR.11d:l:/:t\:►��Ul�l�l:l:l t:J��.�`1`I:l:l��l\:1:1 �'1`�l\ i___i :i i ____ __ii•__i__ __ __=iii__ _ii•ii I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18 40.030(E). J. Television, microwave, and radio communication facilities and transmission towers. K. Fire stations for rural fire protection. L. Commercial utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception it taken pursuant to Oregon Administrative Rules 660, Division 4. M. Aids to navigation and aviation. N. Water intake facilities, related treatment facilities, pumping stations, and distribution lines. O. Reservoirs and water impoundments. P. Cemeteries. Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. gas, oil, geothermal, telephone, fiber optic cable) with rights of way 50 feet or less in width. R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. S. Home Occupations, as allowed by and; subject to the requirements of ORS 215.448 and DCC 18.116.280. T. Expansion of existing airports. U. Public road and highway projects as described as ORS 215.283(2) and 215.283(3). V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of DCC Title 18 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and 4. Accommodations must be located within one -quarter mile of fish -bearing Class I waters. W. Forest management research and experimentation facilities as described by ORS 526.215 or where accessory to forest operations. X. Single -unit dwellings or manufactured dwellings as specified in DCC 18.116.070, pursuant to DCC 18.40.050. Y. Fill or 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. conjunetionwith an existing dwaffing as : ternporary use forof a hardship stiffered by the existing resident or a reintive as defined in E)RS 215.283. For the purposes of this section, "existing" nnie,51'151['11- 1 , A temporary harrishin rMpIling is conditionally allowed subiect to DCC 18.116.090. 18.40.040. and 18.40.060 " c ��maurumr.►a�.ua.��rwK�u�ea��u«.nir.:�.n��u.�r..nuru•�.ia�wa�.vn�.anR.i:emi r2. A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025. AA. Public parks including only those uses specified under OAR 660-034-0035 or 660- 034-0040, whichever is applicable. AB. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; and 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission. AC. An Extended Outdoor Mass Gathering subject to review by a county planning commission pursuant to DCC Chapter 8.16. AD. Permanent storage and repair of logging equipment. AE. Permanent facility for the primary processing of forest products. AF. Firearms training facility. AG. Transportation improvements on rural lands allowed by subject to the rec tuirem.ents of OAR 660-012-0065. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 86-018 §8 on 613011986 Amended by Ord. 90-014 §28 on 711211990 Amended by Ord. 92-025 §2 on 411511991 Amended by Ord. 91-038 §1 on 9/30/1991 Amended by Ord. 92-068 §1 on 121711992 Amended by Ord. 94-038 §1 on 101511994 Amended by Ord. 2000-033 §1 on 121612000 Amended by Ord. 2004-020 §6 on 10/1312004 Amended by Ord. 2007.020 §4 on 21612008 Amended by Ord. 2012-007§4 on 51212012 Amended by Ord. 2018-006 §7 on 1112012018 Amended by Ord. 2020-007§11 on 1012712020 Amended by Ord. 2025-002 §8 on 312812025 Amended by Ord 2025-016 §4 on x/xx/xxxx 18.40.050 Standards For Singte-Unit ®wellings A. General Provisions. 1. Dwellings listed as a conditional use under DCC 18.40.030(X) shall meet the following standards: a. One of the alternative tests set out in DCC 18.40.050(B) (lot of record dwelling), DCC 18.40.050(C) (large tract dwelling), or DCC 18.40.050(D) (template dwelling); b. If the lot or parcel is part of a "tract," the remaining undeveloped tots or parcels of the tract shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the County Clerk covenants, conditions and restrictions (on a form substantially similar to that set forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by the County Planning Director, or his authorized representative. c. No other dwellings shall be located on the tract. d. The applicant shall provide evidence that any domestic water supply is from a source aphorized in accordance with the Department of Water Resources Oregon Administrative Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or surface water (Oregon Administrative Rules 690, Division 20) and not from a Class II stream as defined in the Forest Practices Rule (Oregon Administrative Rules Chapter 629). For purposes of DCC 18.40.050, evidence of a domestic water supply iIUMIRM 1. Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water; or 2. A water use permit issued by the Water Resources Department for the use described in the application; or 3. Verification from the Water Resources Department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well construction report to the County upon completion of the well. e. If road access to a dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the U.S. Bureau of Land Management or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance. 2. In addition, dwellings listed as a conditional use under DCC 18.40.030(X) shall be subject to the following standards or conditions: a. The conditional use standards set forth in DCC 18.40.040; b. The siting criteria set forth in DCC 18.40.060; c. The fire siting standards set forth in DCC 18.40.070; d. The fire safety design standards for roads set forth in DCC 18.40.080; e. The stocking requirements set forth in DCC 18.40.085, if applicable; and f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan. 3. Dwellings in forest zones shall not be subject to conditional use standards. 4. Approval of a dwelling in the forest zone under DCC Chapter 18.40 shall include a condition of approval requiring that, prior to the issuance of a building permit, the landowner sign and record in the deed records for the County a document binding the landowner, and the Landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. B. Lot of Record Dwelling. For approval under DCC 18.40.050, a single -unit dwelling shall meet the following requirements: 1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1, 1985, and was acquired and owned continuously by the present owner either prior to January 1, 1985, or by devise or by intestate succession from a person who acquired the lot or parcel prior to January 1, 1985. 2. For the purposes of DCC 18.40.050, "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father -in -taw, aunt, uncle, niece, nephew, step-parent, step -child, grandparent, or grandchild of the owner or a business entity owned by any one or combination of these family members. 3. The dwelling would be located on a tract that is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. a. The road shall be maintained and either paved or surfaced with rock and shalt not be: 1. a United States Bureau of Land Management (BLM) road; or 2. a United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent i^v the road, a local g_x..ment -1 a state agency. 4. For the purposes of DCC 18.40.050, "commercial tree species" means trees recognized for commercial production under rules adopted by the Oregon Department of Forestry pursuant to ORS 527.715. 5. The lot or parcel on which the dwettingwilt be sited was part of a tract on November 4, 1993, no dwellings exists on another lot or parcel that was part of the tract. 6. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed. 7. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed dwelling would be consistent with the limitations on density as applied under the applicable density restrictions of DCC 18.88. C. Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.40.050(B) maybe allowed if the subject property consists of at least 240 contiguous acres or 320 acres in one ownership that are not contiguous but are in the same county or adjacent counties and zoned for forest use and does not include an existing dwelling. 1. A deed restriction shall be filed pursuant to DCC 18.40.140 for all tracts that are used to meet the acreage requirements of this subsection. 2. A tract shall not be considered to consist of less than 240 acres because it is crossed by a public road or a waterway. D. Template Dwelling. For approval under DCC 18.40.050(D), a single -unit dwelling shall meet the following requirements: 1. The lot or parcel on which the dwelling will be sited: a. Was lawfully established; b. Any property line adjustment to the lot or parcel complied with the applicable property line adjustment provisions in ORS 92.192; c. Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and d. If the lot or parcel was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract: 2. The lot or parcel on which the dwelling will be sited is predominantly composed of soils that are: a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if: 1. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and 2. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if: 1. At[ or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and 2. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parce c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if: 1. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160 acre square centered on the center of the subject tract; and 2. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. 3. Requirements of Applying Template a. Lots or parcels within urban growth boundaries shall not be used to satisfy the template requirements under this subsection. b. As used in this section, "center of the subject tract" means the mathematical centroid of the tract. c. Except as provided by subsection (d) of this section, if the tract described in DCC 18.40.050(D) abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and 1/4 mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road. d. If a tract 60 acres or larger described in DCC 18.40.050(D) abuts a road or perennial stream, the measurement shall be made in accordance with subsection (c) of this section. However, one of the three required dwellings shall be on the same side of the road or stream as the tract, and; 1. Be located within a 160-acre rectangle that is one mile long and one -quarter mile wide centered on the center of the subject tract and that is, to the maximum extent possible aligned with the road or stream; or 2. Be within one -quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract. e. If a road crosses the tract on which the dwelling will be located, at Least one of the three required dwellings shall be on the same side of the road as the proposed dwelling. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 92-025 §3 on 411511991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 94-038 §2 on 101511994 Amended by Ord. 2003-007§2 on 312612003 Amended by Ord. 2012-007§4 on 51212012 Amended by Ord. 2018-006 §7 on 1112012018 Amended by Ord. 2021-013 §7 on 41512022 Amended by Ord. 2025-002 §8 on' 312812025 Amended by Ord. 2025-016 §4 on x/xx/xxxx EXHIBIT E FINDINGS FARM AND FOREST HOUSEKEEPING TEXT AMENDMENTS 247-2S-000297-TA I. APPLICABLE CRITERIA: Title 22, Deschutes County Development Procedures Ordinance 11. BACKGROUND: Oregon's zoning -based farm and forest land conservation programs have been in place since 1973. Over the past 10 years, interested parties, the courts, and the Department of Land Conservation and Development (DLCD) have identified a number of issues needing review. In 2024, the Land Conservation and Development Commission (LCDC) initiated the Farm and Forest Modernization Project, which included rulemaking and the appointment of a rules advisory committee (RAC). Ruiemaking was intended to improve the clarity and consistency of implementing Oregon's farm and forest program across the state. DLCD directed the RAC to consider: • Codifying identified case law standards; • Other EFU rule amendments; • Conforming rule changes; and • Providing additional clarity to counties and potential applicants with the intent of reducing unnecessary appeals. LCDC ultimately adopted new Oregon Administrative Rules (OARS) on December 6, 2024. They became effective on January 1, 2025. Staff provided an update to the Board of County Commissioners on February 3, 20251 and acknowledged an amendment package would be forthcoming in spring/summer 2025. This housekeeping text amendment will incorporate the changes to the OAR into the Deschutes County Code (DCC), as well as incorporate some minor housekeeping changes from previous rulemaking or legislative changes that have not yet been captured locally. 111. AMENDMENT SUMMARY: To comply with this rulemaking package, staff is proposing the following amendments: 1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-220 1 1 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 • Amend 18.16.040(A) to apply farm impacts test through reference to Oregon Revised Statute (ORS) and OAR. • Amend 18.16.042(A)'incidental and subordinate' definition for agri-tourism. • Amend 18.16.030(Y) to include ORS and OAR references for rural transportation facilities in Exclusive Farm Use zone. • Add rural transportation facilities as 18.36.030(AE) and 18.40.030(AG) in forest zones and included ORS and OAR references. • Amend 18.16.031(D), 18.36.030(G), and 18.40.030(H) to reference ORS and OAR definition for private parks. • Amend 18.16.0200), 18.36.020(M), and 18.040.020(M) to reference ORS and OAR standards for replacement dwellings. Removed sections 18.16.023, 18.36.025, and 18.40.025 as they were duplicative. • Amend 18.04 to reference ORS and OAR for definition of "farm use". • Amend 18.16.050(A)(3)(f), 18.16.050(B)(8), and 18.16.050(C)(5) to reflect new requirements for verification of income associated with farmworker and primary farm dwellings. • Amend 18.16.038(C) to reference ORS and OAR standards for farm stands. • Amend 18.16.030(M), 18.36.030(R), and 18.40.030(S) to reference ORS and OAR standards for home occupations. • Amend 18.36.050(D)(1)(d)(1) and 18.40.050(D)(1)(d)(1) to remove a temporary provision for template dwellings that has sunset. • Amend 18.16.031(D), 18.16.030(G), 18.36.030(G), and 18.40.030(H) to directly reference requirements for campgrounds in OAR and ORS. Removed 18.16.050(L) as no longer needed. • Amend 18.04 to amend the definition for a processing facility for farm crops to include rabbit products. • Amend 18.16.033(C) as is it duplicative and superseded by 18.120.010(B), pertaining to expansion of nonconforming schools. Staff included only housekeeping style amendments resulting from rulemaking in this particular text amendment package. Additional discretionary amendments related to childcare, temporary storage sites, and natural disaster event allowances may be pursued in the future. IV. BASIC FINDINGS: The Planning Division determined amendments were necessary to incorporate changes to state law into various sections of the Deschutes County Code. Staff initiated the proposed amendments and notified the Oregon Department of Land Conservation and Development on May 22, 2025 (File no. 247-25-000297-TA). As demonstrated in the findings below, the amendments remain consistent with Deschutes County Code, the Deschutes County Comprehensive Plan, and the Statewide Planning Goals. V. FINDINGS: CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. 247-25-000297-TA Findings Exhibit E to Ordinance 2025-016 Page 2 of 6 Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. - FINDING: This criterion will be met because public hearings will be held before the Deschutes County Planning Commission (Commission) and the Board of County Commissioners (Board). Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion will be met as notice will be published in The Bulletin newspaper at least 10 days prior to each public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The proposed amendments are legislative and do not apply to any specific property. Therefore, individual notice is not required. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. 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. 247-25-000297-TA Findings Exhibit E to Ordinance 2025-016 Page 3 of 6 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 Bod A. The following shall serve as hearings or review body for legislative changes in this order. 9. 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 will be met because public hearings will be held before the Deschutes County Planning Commission (Commission) and the Board of County Commissioners (Board). Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-25-000297-TA will be implemented by ordinances upon approval and adoption by the Board. OAR 660-015, STATEWIDE PLANNING GOALS AND GUIDELINES Goal 1: Citizen Involvement: FINDING: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments was provided to the Bulletin for the Board public hearing. This goal is met. Goal 2: Land Use Planning: FINDING: The purpose of the amendment is to integrate requirements from Oregon Administrative Rule and Oregon Revised Statutes. The proposal has a factual base and is consistent with the intent of the Comprehensive Plan and zoning districts. This goal is met. Goal 3: Agricultural Lands: FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest Modernization Project into local code provisions. This goal is met. Goal 4: Forest Lands: FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest Modernization Project into local code provisions. This goal is met. 247-25-000297-TA Findings Exhibit E to Ordinance 2025-016 Page 4 of 6 Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 5. This goal does not apply. Goal 6: Air Water and Land Resources Quality: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan - - policies or implementing regulations for compliance with Goal 6. This goal does not apply. Goal 7• Areas Subject to Natural Disasters and Hazards: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 7. This goal does not apply. Goal 8: Recreational Needs: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 8. This goal does not apply. Goal 9: Economic Development: FINDING The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 9. This goal does not apply. Goal 10: Housing: FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest Modernization Project into local code provisions. This goal is met. Goal 11: Public Facilities and Services: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 11. This goal does not apply. Goal 12: Transportation: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 12. This goal does not apply. Goal 13: Energy Conservation: FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 13. This goal does not apply. Goal 14: Urbanization: FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest Modernization Project into local code provisions. This goal is met. Goals 15 through 19 FINDING: These goals are not applicable to the proposed plan and text amendments because the County does not contain these types of lands. 247-25-000297-TA Findings Exhibit E to Ordinance 2025-016 Page 5 of 6 2011 DESCHUTES COUNTY COMPREHENSIVE PLAN Chapter 2 - Resource Management -Section 2.2 Agricultural Land Policies Policy 2.2.5 Uses allowed in Exclusive Farm Use zones shall comply with State Statute and Oregon Administrative Rule. Policy 22.6 Regularly review farm regulations to ensure compliance with changes to State Statute, Oregon Administrative Rules and case law. FINDING: The intent of the proposed text amendment is to integrate changes to state administrative rules into local code for implementation. Where possible, staff has proposed amendments to the code to directly reference state statute and administrative rule. These policies are met. Chapter 2 - Resource Management -Section 2.3 Forest Land Policies Policy 2.3.5 Uses allowed in Forest zones shall comply with State Statute and Oregon Administrative Rule. FINDING: The intent of the proposed text amendment is to integrate changes to state administrative rules into local code for implementation. Where possible, staff has proposed amendments to the code to directly reference state statute and administrative rule. These policies are met. VI. CONCLUSION: Based on the information provided herein, the staff recommends the Board of County Commissioners approve the proposed text amendments that make minor changes necessary to clarify existing standards and procedural requirements, incorporate changes to state and federal law, and to correct errors in the Deschutes County Code. 247-25-000297-TA Findings Exhibit E to Ordinance 2025-016 Page 6 of 6 �vSES CO Qy� G�< I BOARD OF COMMISSIONERS MEETING DATE: October 15, 2025 SUBJECT: Second Reading: Farm and Forest Housekeeping Amendments RECOMMENDED MOTIONS: 1. Move approval of second reading of Ordinance No. 2025-016 by title only. 2. Move adoption of Ordinance No. 2025-016. BACKGROUND AND POLICY IMPLICATIONS: On October 15, 2025, staff will present Ordinance No. 2025-016 to the Board for consideration of second reading. The Board held a public hearing on September 10, 2025, to consider text amendments to integrate changes to state rule, resulting from the state's Farm and Forest Modernization Project, into local code (File no. 247-25-000297-TA). First reading was conducted on October 1, 2025. BUDGET IMPACTS: None ATTENDANCE: Nicole Mardell, AICP, Senior Planner MEMORANDU TO: Deschutes County Board of Commissioners FROM: Nicole Mardell, AICP, Senior Planner Will Groves, Planning Manager DATE: October 8, 2025 SUBJECT: Consideration of Second Reading: Farm and Forest Housekeeping Amendments On October 15, 2025, staff will present Ordinance No. 2025-016 to the Board of County Commissioners (Board) for consideration of second reading. The Board conducted a public I Ie ri Se t ber 1!1 .202C t cider text nmenrlrnentc t intograto changoc to state I ICgI Ing VI I JCplemAJCI I V, w .�, o Eonal 1.1 tcn� ui i i iu i i�� iw �'i n �. � u �. i iui i �.� w state rule, resulting from the state's Farm and Forest Modernization Project, into local code (File no. 247-25-000297-TA). On October 1, 2025, the Board voted to adopt the proposed package with minor amendments presented by staff and conducted first reading of the ordinance. Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on May 14, 2025. An initial public hearing was held before the Planning Commission on June 26, 20251. No testimony was received, and the Commission voted unanimously to recommend approval of the amendments. All record materials can be found on the project website: bit.ly/fa rmforesthousekeeping. I. AMENDMENT SUMMARY To comply with this rulemaking package, staff is proposing the following amendments: • Amend 18.16.040(A) to apply farm impacts test through reference to ORS and OAR. • Amend 18.16.042(A)'incidental and subordinate' definition for agri-tourism. • Amend 18.16.030(Y) to include ORS and OAR references for rural transportation facilities in Exclusive Farm Use (EFU) zone. • Add rural transportation facilities as 18.36.030(AE) and 18.40.030(AG) in forest zones and include ORS and OAR references. 1 https://www.deschutes.org/bc-pc/page/planning-commission-68 • Amend 18.16.031(D), 18.36.030(G), and 18.40.030(H) to reference ORS and OAR definition for private parks. • Amend 18.16.0200), 18.36.020(M), and 18.40.020(M) to reference ORS and OAR standards for replacement dwellings. Removed sections 18.16.023, 18.36.025, and 18.40.025 as they were duplicative. • Amend 18.04 to reference ORS and OAR for definition of "farm use". • Amend 18.16.050(A)(3)(f), 18.16.050(B)(8), and 18.16.050(C)(5) to reflect new --requirements for verification of income associated with farmworker and primary farm dwellings. • Amend 18.16.038(C) to reference ORS and OAR standards for farm stands. • Amend 18.16.030(M), 18.36.030(R), and 18.40.030(S) to reference ORS and OAR standards for home occupations. • Amend 18.36.050(D)(1)(d)(1) and 18.40.050(D)(1)(d)(1) to remove a temporary provision for template dwellings that has sunset. • Amend 18.16.031(D), 18.16.030(G), 18.36.030(G), and 18.40.030(H) to directly reference requirements for campgrounds in OAR and ORS. Removed 18.16.050(L) as no longer needed. • Amend 18.04 to amend the definition for a processing facility for farm crops to include rabbit products. • Amend 18.16.033(C) as it is duplicative and superseded by 18.120.010(B), pertaining to expansion of nonconforming schools. Staff included only housekeeping style amendments resulting from rulemaking in this particular text amendment package. Additional discretionary amendments related to childcare, temporary storage sites, and natural disaster event allowances may be pursued in future amendment processes. 11. NEXT STEPS The ordinance will become effective approximately 90 days following the second reading. Attachments: Ordinance No. 2025-016 and Corresponding Exhibits Page 2 of 2