HomeMy WebLinkAbout2026-132-Ordinance No. 2026-006 Recorded 4/30/2026REVIEWED
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Recorded in Deschutes County
Steve Dennison; County Clerk �`��®�� �� 32
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2)26-132
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Zoning Ordinance, and Title 19, Bend
Urban Area Zoning Ordinance, to Incorporate
Changes to State and Federal Law, and Provide * ORDINANCE NO. 2026-006
Clarification of Existing Regulations, Procedures,
and Policies.
WHEREAS, the Deschutes County Commmunity Development Department (CDD) initiated amendments
(Planning Division File No. 247-26-000007-TA) to the Deschutes County Code ("DCC"), Chapter 18.16 —
Exclusive Farm Use Zones, Chapter 18.32 — Multiple Use Agricultural Zone, Chapter 18.60 — Rural Residential
Zone, Chapter 18.65 — Rural Service Center Unincorporated Community Zone, Chapter 18.66 — Terrebonne Rural
Community Zoning Districts, Chapter 18.67 — Tumalo Rural Community Zoning Districts, Chapter 18.74 — Rural
Commercial Zone, Chapter 18.108 — Urban Unincorporated Community Zone-Sunriver, Chapter 18.110 — Resort
Community Zone, Chapter 18.116 — Supplementary Provisions, Chapter 18.128 — Conditional Use, Chapter 19.04
— Title, Compliance, Applicability and Definitions, Chapter 19.12 — Urban Area Reserve Zone, Chapter 19.20 —
Suburban Low Density Residential Zone, Chapter 19.22 — Westside Transect Zone, Chapter 19.28 — Urban
Standard Residential Zone, Chapter 19.80 — Off -Street Parking And Loading, Chapter 19.88 — Provisions
Applying To Special Use Standards, Chapter 19.92 — Interpretations And Exceptions, Chapter 19.116 —
Amendments, Appeals, And Procedures; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February
12, 2026 and forwarded to the Deschutes County Board of County Commissioners (`Board") a 7-0
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 8, 2026 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18 and 19;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 18.16, Exclusive Farm Use Zones, 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 4rike4re
b
PAGE 1 OF 4 - ORDINANCE NO.2026-006
Section 2. AMENDMENT. Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone, is
amended to read as described in Exhibit `B", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in s-tt:ilethrough.
Section 3. AMENDMENT. Deschutes County Code Chapter 18.60, Rural Residential Zone, 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 , *..:v�h.
Section 4. AMENDMENT. Deschutes County Code Chapter 18.65, Rural Service Center
Unincorporated Community Zone, 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 stFi�., gh.
Section 5. AMENDMENT. Deschutes County Code Chapter 18.66, Terrebonne Rural Community
Zoning Districts, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in st-r ilea.
Section 6. AMENDMENT. Deschutes County Code Chapter 18.67, Tumalo Rural Community Zoning
Districts, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in st-rikethfough.
Section 7. AMENDMENT. Deschutes County Code Chapter 18.74, Rural Commercial Zone, is
amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in str-ik�g h.
Section 8. AMENDMENT. Deschutes County Code Chapter 18.108, Urban Unincorporated
Community Zone-Sunriver, is amended to read as described in Exhibit "H", attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in str4kethrough.
Section 9. AMENDMENT. Deschutes County Code Chapter 18.110, Resort Community Zone, is
amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in *ri'� gh.
Section 10. AMENDMENT. Deschutes County Code Chapter 18.116, Supplementary Provisions, is
amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in stfikT g= .
Section 11. AMENDMENT. Deschutes County Code Chapter 18.128, Conditional Use, is amended to
read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in st-t41ethfough.
Section 12. AMENDMENT. Deschutes County Code Chapter 19.04, Title, Compliance, Applicability
and Definitions, is amended to read as described in Exhibit "L", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strike.
Section 13. AMENDMENT. Deschutes County Code Chapter 19.12, Urban Area Reserve Zone, is
amended to read as described in Exhibit "M", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in '�i'��h.
PAGE 2 OF 4 - ORDINANCE NO.2026-006
Section 14. AMENDMENT. Deschutes County Code Chapter 19.20, Suburban Low Density Residential
Zone, is amended to read as described in Exhibit "N", attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in str-i - gh.
Section 15. AMENDMENT. Deschutes County Code Chapter 19.22, Westside Transect Zone, is
amended to read as described in Exhibit "O", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in strikethfough.
Section 16. AMENDMENT. Deschutes County Code Chapter 19.28, Urban Standard Residential Zone,
is amended to read as described in Exhibit "P", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in strik
Section 17. AMENDMENT. Deschutes County Code Chapter 19.80, Off -Street Parking And Loading,
is amended to read as described in Exhibit "Q", attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in stri -�.
Section 18. AMENDMENT. Deschutes County Code Chapter 19.88, Provisions Applying To Special
Use Standards, is amended to read as described in Exhibit "R", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in stfi e h.
Section 19. AMENDMENT. Deschutes County Code Chapter 19.92, Interpretations And Exceptions, is
amended to read as described in Exhibit "S", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in strikethrough.
Section 20. AMENDMENT. Deschutes County Code Chapter 19.116, Amendments, Appeals, And
Procedures, is amended to read as described in Exhibit "T", attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in tkg h.
Section 21. FINDINGS. The Board adopts as its findings Exhibit "U", attached and incorporated by
reference herein.
Dated this of , 2026
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PHILIP CHANG, Ch rr
ANTHONY DEBONE, Vice Chair
PAT I ADAIR, Commissioner
Date of 1st Reading: k"""'dayof (� 2026.
Date of 2"`' Reading: _)' day of , 2026.
PAGE 3 OF 4 - ORDINANCE NO.2026-006
Commissioner
Philip Chang
Anthony DeBone
Patti Adair
5
Effective date: day of
Record of Adoption Vote:
Ye✓s No Abstained Excused
h
Y
lJ , 2026.
PAGE 4 OF 4 - ORDINANCE NO.2026-006
Exhibit A
CHAPTER 18.16 EXCLUSIVE FARM USE ZONES
18.16.010 Purpose
18.16.020 Uses Permitted Outright
18.16.023 Lawfulty Established Dwelling Replacement
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
18.16 030 Conditional Uses Permitted: High Value And Ron -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.
&— .
aC. A hardship dwelling, as described in DCC 18.16.050(H).
E-.D. Commercial activities that are in conjunction with farm use, but not including
the processing of farm crops as described in DCC 18.16.025.
-FE. 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 F. Expansion of an existing private park, playground, hunting and fishing
preserve and campground on the same tract as the existing use.
i+G. 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.
-.H. 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.
ki. Transmission towers over 200 feet in height.
i(:J.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.
UK. 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-. L. ®Home Occupation, subject to DCC 18.116.280.
1. The home occupation shall:
a. be operated substantially in the dwelling or other buildings normally
associated with uses permitted in the EFU zone;
b. be operated by a resident or employee of a resident of the property on
which the business is located; and
c. employ on the site no more than five full-time or part-time persons.
2. The home occupation shall not unreasonably interfere with other uses
permitted in the EFU zone.
N -M. 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.
0-.N. 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.
PLO. 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:P. 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.
B-._Q. 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.
sr.R. 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(J)(1).
T.S. Fill or removal within the bed and banks of a stream or river or in a wetland.
UT. 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.
Vu. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation District,
including the excavation and mining for facilities, ponds, reservoirs, and the off -site
use, storage, and sale of excavated material.
W.V. A living history museum.
3E W. Operations for the extraction and bottling of water.
YL.X. Transportation improvements on rural lands allowed by OAR 660-012-0065.
ZY. Expansion of existing county fairgrounds and activities relatingto county fairgrounds
governed by county fair boards established pursuant to ORS 565.210.
AA7Z. Extended outdoor mass gatherings, subject to DCC 8.16.
ABAA. 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 -AB. 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.
ADAC. 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.
READ. 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).
AFAE. 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 61111983
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 311311991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §2 on 913011991
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 511311998
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. 202 1-0 13 §4 on 41512022
Amended by Ord. 2024-008 §3 on 11712025
Amended by Ord. 2025-002 §4 on 312812025
Amended by_Ord. 2026-006 §1 on 412212026
18.16.040 Limitations On Conditional Uses
A. Conditional uses permitted by DCC 18.16.030, 18.16.031, and 18.16.033 maybe
established subject to ORS 215.296, applicable provisions in DCC 18.128, and upon
a finding bythe Planning Director or Hearings Body that the proposed use:
1. Will not force a significant change in accepted farm or forest practices as
defined in ORS 215.203(2)(c) on surrounding lands devoted to farm or forest
uses;and
2. Will not significantly increase the cost of accepted farm or forest practices
on surrounding lands devoted to farm or forest use; and
3. 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(ED) 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(Ki) 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. Awind 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 facilitywill 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(tK)
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.
L. Except on a lot or parcel contiguous to a lake or reservoir, a private campground
shall not be allowed within three miles of an urban growth boundary unless an
exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 004.
1. A private campground may provide yurts for overnight camping. No more
than one-third or a maximum of 10 campsites, whichever is smaller, may
include a yurt.
2. The yurt shall be located on the ground or on a wood floor with no permanent
foundation.
3. As used in this paragraph, "yurt" means a round, domed shelter of cloth or
canvas on a collapsible frame with no plumbing, sewage disposal hook-up or
internal cooking appliance.
4. A campground shall be designed and integrated into the rural agricultural and
forest environment in a manner that protects the natural amenities of the site
and provides buffers of existing native trees and vegetation or other natural
features between campsites.
M. 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. 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(N)(3);
b. Hold a pre -application community meeting described in DCC
18.16.040(N)(6).
2. DCC 18.16.040(N)(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 a new 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(N)(5) shall 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(N)(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(N)(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(N)(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 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §§1 and 2 on 913011991
Amended by Ord. 92-065 §3 on 1112511992
Amended by Ord. 95-007 §14 on 3/1/1995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 98-030 §1 on 511311998
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2006-008 §3 on 812912006
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. 20267006 §1 on 412212026
18.16.050 Standards For DweLNin s In The EFU Zones
Dwellings listed in DCC 18.16.025 and 18.16.030 maybe 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, may be
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
660-033-0135P using data on gross sales per acre tabulated by
LCDC pursuant to Oregon Administrative Rules 660-033-0135(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 lot 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 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
accessoryfarm 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.
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 lot 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 tots or parcels of a farm or ranch
operation to comply with the gross farm revenue requirements, the applicant
shalt 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 tot 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.
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 dwelling will be located:
1) On 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 shall 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
shall 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).
4. An 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).
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 tot 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 bythe 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 tot, 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 tots 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 tot 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 mite
of a dairy farm, feed tot, 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 because 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 INI
soils. Just because a lot 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 to 321.855 and that any additional tax or penalty imposed by the
County Assessor as a result of disqualification has been paid.
H. Temporary hardship dwelling.
1. A 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(J).
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
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 511111994
Amended by Ord. 95- 007§15 on 31111995
Amended by Ord. 98-030 §1 on 511311998
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 5/6/2008
Amended by Ord. 2009-014. §1 on 6/22/2009
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 3/28/2025
Amended by Ord. 2025-005 §1 on 811912025
Amended by Ord..2026-006 §1 on 412212026
Exhibit B
1._8.32.010 Purpose
18.32.020 Uses Permitted Outright
18.32.030 Conditional Uses Permitted
18.32.035 Destination Resorts
18.32.040 Dimensional Standards
18.32.050 Setbacks
18.32.060 Ordinary Hiah Water Mark Setbacks
18.32.070 Rimrock Setback
18.32.020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright:
A. Agricultural uses as defined in DCC Title 18.
B. A single -unit dwelling, or a manufactured dwelling subject to DCC 18.116.070.
C. Propagation or harvesting of a forest product.
D. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC 18.116.230.
E. Class III road or street project.
F. Noncommercial horse stables, excluding horse events.
G. Horse events, including associated structures, involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days;
or
3. More than 25 riders, no more than two times per year on nonconsecutive
days.
Incidental musical programs are not included in this definition. Overnight
stays by participants, trainers or spectators in RVs on the premises is not an
incident of such horse events.
H. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
I. Type 1 Home Occupation, subject to DCC 18.116.280.
J. A historic accessory dwelling unit, subject to DCC 18.116.350.
K. A residential accessory dwelling unit, subject to DCC 18.116.355.
M-. L. A recreational vehicle as a rental dwelling, subject to DCC 18.116.095(D).
Pd-.M. Temporary Hardship Dwelling, subject to DCC 18.116.090.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 91-002 §6 on 2/6/1991
Amended by Ord. 91-005 §18 on 31411991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §1 on 9/30/1991
Amended by Ord. 93-001 §1 on 112711993
Amended by Ord. 93-043 §4 on 8/25/1993
Amended by Ord. 94-008 §10 on 6/8/1994
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §2 on 1211212001
Amended by Ord. 2004-002 §3 on 412812004
Amended by Ord. 2019-009 §1 on 9/3/2019
Recorded by Ord. 2019-009 §1 on 91312019
Adopted by Ord. 2023-014 §1 on 121112023
Amended by Ord. 2024-008 §4 on 11712025
Amended by Ord. 2025-002 §6 on 312812025
Amended by Ord. 2025-004 §2 on 51712025
Amended by Ord. 2025-005 §2 on 811912025
Amended by Ord. 2026-006 §2 on 412212026
Exhibit C
18.60_010 Purposes
18.60.020 Use Permitted Outright.
18.60.030 Conditional Uses Permitted
18.60.035 Destination Resorts
18.60.040 Setback --Requirements
18.60.050 Ordinaryigh Water Mark Setbacks
18.60.060 Dimensional Standards
18.60.070 Limitations On Conditional_ Uses
18.60.080 Rimrock Setbacks
18.60.090 Oregon Water Wonderland Unit 2 Sewer -District Limited Use Combinin Zone
18.6.0.020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright.
A. A single -unit dwelling, or a manufactured dwelling subject to DCC 18.116.070.
B. Utility facilities necessary to serve the area including energy facilities, water supply
and treatment and sewage disposal and treatment.
C. Community center, if shown and approved on the original plan or plat of the
development.
D. Agricultural use as defined in DCC Title 18.
E. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC 18.116.230.
F. Class III road or street project.
G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events.
H. Horse events, including associated structures, involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days;
or
3. More than 25 riders, no more than two times per year on nonconsecutive
days. Incidental musical programs are not included in this definition.
Overnight stays by participants, trainers or spectators in RVs on the premises
is not an incident of such horse events.
I. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
J. Type 1 Home Occupation, subject to DCC 18.116.280.
K. A historic home accessory dwelling unit, subject to DCC 18.116.350.
L. A residential accessory dwelling unit, subject to DCC 18.116.355.
W. M. A recreational vehicle as rental dwelling, subject to 18.116.095(D).
�N. Temporary Hardship Dwelling, subject to DCC 18.116.090.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-005 §§30 & 31 on 3/4/1991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 93-043 §8 on 8/25/1993
Amended by Ord. 94-008 §12 on 6/8/1994
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §5 on 1211212001
Amended by Ord. 2004-002 §7 on 412812004
Amended by Ord. 2019-009 §2 on 9/3/2019
Recorded by Ord. 2019-009 §2 on 9/3/2019
Adopted by Ord. 2023-014 §2 on 121112023
Amended by Ord. 2024-008 §7 on 11712025
Amended by Ord. 2025-002 §12 on 312812025
Amended by Ord. 2025-004 §3 on 51712025
Amended by Ord. 2025-005 §5 on 811912025
Amended by Ord. 2026-006 §3 on 4/22/2026
Exhibit D
18.65.010 Purpose
18.65.020 RSC: Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistles top
And_Wildhunt�
18.65.021 Alfalfa RSC.; Commercial/Mixed Use District
18.65.022 Alfalfa RSC; Residential District
18.65.023 RSC Open Space District
18.65.030 Standards For All Districts
18.65.020 RSC:. Commercial/Mixed-Use District (Br®thers, Hampton, Millican,
Whistlest_oVAnd Wildhunt)
A. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright, subject to applicable provisions of this chapter:
1. A single -unit dwelling, or a manufactured dwelling, subject to DCC
18.116.070.
2. Type 1 Home Occupation, subject to DCC 18.116.280.
4-.3. A duplex.
54. Agricultural uses, as defined in DCC Title 18, and excluding livestock
feed lot or sales yard, and hog or mink farms.
6:5. Class I and II road or street project subject to approval as part of a
Land partition, subdivision or subject to the standards and criteria
established by DCC 18.116.230.
7-.6. Class III road and street project.
8-.7. Operation, maintenance, and piping of existing irrigation systems
operated by an Irrigation District except as provided in DCC 18.120.050.
9.8. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to applicable provisions of this chapter, DCC 18.116,
Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office, and/or commercial establishment in a building
or buildings each not exceeding 4,000 square feet of floor space. The
aggregate area for any one type of use that takes place in multiple buildings
may not exceed 4,000 square feet.
2. A permitted commercial use in conjunction with a dwelling unit permitted
outright or conditionally.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
6. Highway maintenance facility.
7. Marijuana wholesaling, office only. There shall be no storage of marijuana
items or products at the same location.
8. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are
permitted subject to applicable provisions of this chapter, DCC 18.116,
Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128,
Conditional Use, of this title:
1. Multi -unit dwelling.
2. School.
3. Cemetery.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Medical clinic or veterinary clinic.
6. Community Center.
7. Manufactured dwelling park.
8. Recreational vehicle or trailer park.
9. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A).
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
12.
D. Setback Requirements.
1. The front setback shall be a minimum of 20 feet from a lot with street
frontage on a local street right of way and 50 feet from a lot line with street
frontage on an arterial right of way.
2. The minimum side setback shall be 10 feet.
3. The minimum rear setback shall be 20 feet.
4. The minimum side and rear setbacks for lot lines that are abutting land zoned
exclusive farm use shall be 50 feet.
E. Lot Requirements.
1. General Standards:
a. The minimum lot area in Brothers, Hampton, and Millican is 2.5 acres.
b. Each lot or parcel shall have a minimum lot width of 200 feet.
c. Each lot or parcel must be served by an on -site well.
d. On -site sewage disposal. For new lots or parcels, an applicant shall
demonstrate that the lot or parcel can meet DEQ on -site sewage
disposal rules prior to final approval of a subdivision or partition.
e. Lot coverage for dwelling units and related accessory buildings shall
not exceed twenty-five (25) percent of the lot area. Lot coverage for
structures used primarily for commercial purposes shalt be
determined by spatial requirements for sewage disposal,
landscaping, parking, setbacks, and any other elements under site
plan review.
2. Commercial and Public Uses.
a. The minimum lot area in Brothers, Hampton, Millican, Whistlestop,
and Wildhunt for a commercial use served by an on -site septic
system and individual well shall be the tot area necessary to
accommodate the use.
b. Each lot or parcel shall have a minimum lot width of 150 feet.
c. On -site sewage disposal. For new lots or parcels, an applicant shall
demonstrate that the lot or parcel can meet DEQ on -site sewage
disposal rules prior to final approval of a subdivision or partition.
HISTORY
Adopted by Ord. 2002-002 §2 on 61512002
Amended by Ord. 2002-028 §1 on 712412002
Amended by Ord. 2004-002 §11 on 412812004
Amended by Ord. 2015-004 §2 on 412212015
Amended by Ord. 2016-015 §4 on 71112016
Amended by Ord. 2018-006 §8 on 1112012018
Amended by Ord. 2020-001 §6 on 412112020
Amended by Ord. 2022-014 §2 on 41412023
Amended by Ord. 2024_-008 §8 on 11712025
Amended by Ord. 2025-002 §14 on 312812025
Amended by Ord. 2025-005 §6 on 8/19/2025
Amended by Ord. 2026-006 §4 on 4/22/2026
1.8.65.021 Alfalfa RSC: Commercial/Mixed Use District
In Alfalfa, the following uses and their accessory uses are permitted:
A. Uses Permitted Outright.
1. A single -unit- dwelling, or a manufactured dwelling, subject to DCC
18.116.070.
2. Type 1 Home Occupation, subject to DCC 18.116.280.
5.3. A duplex.
6.4. Agricultural uses, as defined in DCC Title 18, and excluding livestock
feed lot or sales yard, and hog or mink farms.
7=5. Class I and II road or street project subject to approval as part of a
land partition, subdivision or subject to the standards and criteria
established by DCC 18.116.230.
8-.6. Class III road and street project.
9.7. Operation, maintenance, and piping of existing irrigation systems
operated by an Irrigation District except as provided in DCC 18.120.050.
+0-.8. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to applicable provisions of this chapter, DCC 18.116,
Supplementary Provisions and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office, and/or commercial establishment in a building
or buildings each not exceeding 4,000 square feet of floor space. The
aggregate area for any one type of use that takes place in multiple buildings
may not exceed 4,000 square feet.
2. A permitted commercial use in conjunction with a dwelling unit permitted
outright or conditionally.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
6. Marijuana wholesaling, office only. There shall be no storage of marijuana
items or products at the same location.
7. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are
permitted subject to applicable provisions of this chapter, DCC 18.116,
Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128,
Conditional Use, of this title:
1. School.
2. Cemetery.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Medical clinic or veterinary clinic.
5. Community Center.
6. Recreational vehicle or trailer park.
7. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A).
8. Marijuana retailing, subject to the provisions of DCC 18.116.330.
9. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
D. Setback Requirements.
1. The front setback shall be a minimum of 20 feet from a lot tine with street
frontage on a local street right of way and 50 feet from a lot line with street
frontage on an arterial right of way.
2. The minimum side setback shall be 10 feet.
3. The minimum rear setback shall be 20 feet.
4. The minimum side and rear setbacks for property that is abutting land zoned
exclusive farm use shall be 50 feet.
E. Lot Requirements. The minimum lot area shall be the lot area necessary to
accommodate the use, but not less than one acre.
HISTORY
Adopted by Ord. 2002-002 §2 on 61512002
Amended by Ord. 2018-006 §8 on 1112012018
Amended by Ord. 2020-001 §6 on 412112020
Amended by Ord. 2022-014 §2 on 41412023
Amended by Ord. 2024-008 §8 on 11712025
Amended by Ord. 2025-002 §14 on 312812025
Amended by Ord. 2025-00.5 §6 on 811912025
Amended by Ord. 2026-006 §4_on 412212026
A. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright, subject to the applicable provisions of this chapter:
1. Agricultural uses, as defined in DCC Title 18, subject to the restrictions in
DCC 18.65.021(D), and excluding livestock feed lot or sales yard, and hog or
mink farms.
2. A single -unit dwelling, or a manufactured dwelling subject to DCC
18.116.070.
3. A duplex.
4. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
5. Class I and II road or street project subject to approval as part of a land
partition, subdivision or subject to the standards and criteria established by
DCC 18.116.230.
6. Class III road or street project.
7. Type 1 Home Occupation, subject to DCC 18.116.280.
9:8. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to the applicable provisions of this chapter, DCC
18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Park or playground.
2. Community building.
3. Utility facility.
4. Religious institutions or assemblies.
5. Child care facility and/or preschool.
C. Conditional Uses Permitted. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116,
Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128,
Conditional Use, of this title:
1. Schools.
2. Medical clinic or veterinary clinic.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Bed and breakfast inn.
5. Public use.
6. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
D. Setback Requirements.
1. The front setback shall be a minimum of 20 feet from a lot line with street
frontage on a local street right of way and 50 feet from a lot line with street
frontage on an arterial right of way.
2. The minimum side setback shall be 10 feet.
3. The minimum rear setback shall be 20 feet.
E. Lot Requirements.
1. The minimum lot area is 5 acres.
2. The minimum lot width shall be 200 feet.
3. Each lot or parcel must be served by an on -site well.
4. On -site sewage disposal. For new lots or parcels, an applicant shall
demonstrate that the lot or parcel can meet DEQ on -site sewage disposal
rules prior to final approval of a subdivision or partition.
5. Lot coverage for dwelling units and related accessory structures shall not
exceed twenty-five (25) percent of the total lot area. Lot coverage for
structures used primarily for commercial purposes shall be determined by
spatial requirements for sewage disposal, landscaping, parking, setbacks,
and any other elements under site plan review.
F. Limitations on uses - RSC-Residential District. The following limitation shall apply
to uses permitted in the RSC - Residential District:
1. Cows, horses, goats, or sheep cannot be kept on lots or parcels having a lot
area of less than 20,000 square feet. The total number of all such animals
(other than their young under the age of six months) shalt be limited to the lot
area divided by 20,000 square feet, which is the minimum area required per
animal.
2. The number of chickens, fowl, or rabbits over the age of six months shalt not
exceed one for each 500 square feet of lot area.
3. All livestock shall be located a minimum of 100 feet away from a dwelling
unit on an abutting lot or parcel.
HISTORY
Adopted by Ord. 2002-002 §2 on 61512002
Amended by Ord. 2002-028 §1 on 712412002
Amended by Ord. 2004-002 §12 on 412812004
Amended by Ord. 2020-001 §6 on 412112020
Amended by Ord. 2020-010 §2 on 71312020
Amended by Ord. 2024-008 §8 on 11712025
Amended by Ord. 2025-002 §14 on 312812025
Amended by Ord. 2025-005 §6 on 811912025
Amended board. 2026-006 §4 on 412212026
Exhibit E
18.66.010 Purpose
18.66.020 Residential TeR) District
18.66.030 Residential-SAcre Minimum( TeR51District
18.66.040 Commercial_(TeC) District
18.66.050 Commercial -Rural (TeCR�_District
18.66.060 Standards For All Districts
18.66.070 Rig Of -Way Development Standards
The Terrebonne Residential District allows a mixture of dwelling types and densities suited
to the level of available water and sewer facilities. The purpose of this district is to allow
new residential development that is compatible with the rural character of the area.
A. Permitted uses. The following uses and their accessory uses are permitted outright
and do not require site plan review under DCC 18.124:
1. A single -unit dwelling, or a manufactured dwelling subject to DCC
18.116.070.
2. A duplex.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows, horses, goats, sheep, or similar farm animals,
provided that the total number of such animals over the age of six
months is limited to the lot area divided by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits, or similar farm animals, provided
that the total number of such animals over the age of six months does
not exceed one for each 500 square feet of lot area.
5. Class I and II road or street project subject to approval as part of a land
partition, subdivision, or subject to the standards of DCC 18.66.070 and
18.116.230.
6. Class III road or street project.
7. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
9.8. Temporary Hardship Dwelling, subject to 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to the applicable provisions of this chapter, DCC
18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Manufactured dwelling park.
2. Multi -unit dwelling.
3. Retirement center or nursing home.
4. Religious institutions or assemblies.
5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
6. Public or private school.
7. Park.
8. Public or semi-public building.
9. Utility facility.
10. Water supply or treatment facility.
11. Veterinary clinic.
12. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
13. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation
District, including the excavation and mining for facilities, ponds, reservoirs,
and the off -site use, storage, and sale of excavated material.
14.
D. Lot Area and Lot Width Requirements.
1. Partitions:
a. Subject to the provisions of DCC 17.36.170(A), parcels not served by
an approved community, non -community or municipal water system
and not served by a public sewer system, shall have a minimum lot
width of 150 feet with a minimum lot area of one acre.
b. Subject to DCC 17.36.170 parcels served by an approved community,
non -community, municipal or public water system, but not served by
an approved public sewer system, shall have minimum lot area as
follows:
1) For a single -unit dwelling, a parcel shall have a minimum lot
width of 100 feet and a minimum lot area of 22,000 square
feet.
2) For a duplex, a parcel shall have a minimum lot width of 100
feet and a minimum lot area of 33,000 square feet.
c. For parcels served by an approved community, municipal, or public
water and sewer system, the minimum parcel sizes shall be as
follows:
1) For a single -unit dwelling, the parcel shalt have a lot minimum
width of 75 feet and a minimum lot area of 7,500 square feet.
2) For a duplex, the parcel shalt have a minimum lot width of 75
feet and a minimum lot area of 10,000 square feet.
2. Subdivisions:
a. For subdivisions involving multi -unit dwellings, a manufactured
dwelling park, a retirement center or a nursing home, all new lots shall
be connected to a DEQ permitted wastewater pollution control
facility.
b. For subdivisions involving only single -unit and duplexes the standards
set forth in DCC 18.66.020(D)(1) shall apply.
E. Setback Standards
1. Front Setback. The front setback shall be 20 feet for a lot line with street
frontage on a local street right-of-way, 30 feet for a lot line with street
frontage on a collector right-of-way, and 80 feet for a lot line with street
frontage on an arterial right-of-way. .
2. Side Setback. Aside setback shall be a minimum of five feet and the sum of
the side setbacks shall be a minimum of 15 feet, subject to DCC
18.66.020(E)(4). Setback Standards.
3. Rear Setback. The minimum rear setback shall be 20 feet, subject to DCC
18.66.020(E)(4).
4. Exception to Setback Standards. Any new structure requiring a building
permit, on a lot or parcel abutting EFU-zoned land receiving special
assessment for farm use, shall have a minimum setback of 100 feet from any
shared lot line.
5. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon
and/or the County under DCC 15.04 shall be met.
HISTORY
Adopted by Ord. 97=003 §2 on 6/4/1997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004-002 §13 on 412812004
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2024-008 §9 on 11712025
Amended by Ord. 2025-002 §15 on 312812025
Amended by Ord. 2025-009 §5 on 71112025
Amended by Ord. 2025-005 §7 on 811912025
Amended by Ord. 2026-006 §5 on 4/22/2026
18.66.030 Residential-5 Acre (Minimum (TeR5) District
The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural
residential lots or parcels where community sewer and water are not available.
A. Permitted Uses. The following uses and their accessory uses are permitted outright
and do not require site plan review under DCC 18.124:
1. A single -unit dwelling, or a manufactured dwelling subject to DCC
18.116.070.
2. A duplex.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows, horses, goats, sheep, or similar farm animals,
provided that the total number of such animals over the age of six
months is limited to the lot area divided by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits, or similar farm animals over the
age of six months, provided that the total numbers of such animals
does not exceed one for each 500 square feet of tot area.
5. Class I and II road or street project subject to approval as part of a land
partition, subdivision or subject to the standards of DCC 18.66.070 and
18.116.230.
6. Class III road or street project.
7. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
9.8. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to the applicable provisions of this chapter, DCC
18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.116, 18.124, and 18.128:
1. Manufactured dwelling park.
2. Multi -unit dwelling.
3. Retirement center or nursing home.
4. Religious institutions or assemblies.
5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
6. Public or private school.
7. Park.
8. Public or semi-public building.
9. Utility facility.
10. Water supply or treatment facility.
11. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation
District, including the excavation and mining for facilities, ponds, reservoirs,
and the off -site use, storage, and sale of excavated material.
n \�2►7 Lit \l�r.l��a�7lRVa
D. Lot Area Requirements. The minimum lot area in the TeR5 District is five acres
regardless of the availability of approved community, non -community, municipal, or
public water system and public sewer system.
E. Setback Standards.
1. Front Setback. The front setback shall be 20 feet for a tot tine with street
frontage on a local street right-of-way, 30 feet for a lot line with street
frontage on a collector right-of-way, and 80 feet for a lot tine with street
frontage on an arterial right-of-way.
2. Side Setback. Aside setback shall be a minimum of five feet and the sum of
the side setbacks shall be a minimum of 15 feet, subject to DCC
18.66.030(E)(4).
3. Rear Setback. The minimum rear setback shalt be 20 feet, subject to DCC
18.66.030(E)(4).
4. Exception to Setback Standards. Any new structure requiring a building
permit, on a lot or parcel abutting EFU-zoned land receiving special
assessment for farm use, shalt have a minimum setback of 100 feet from any
shared tot line.
5. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon
and/or the County under DCC 15.04 of shalt be met.
HISTORY
Adopted by Ord. 97-003 §2 on 6/4/1997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004-002 §14 on 412812004
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2024-008 §9 on 11712025
Amended by Ord. 2025-002 §15 on 312812025
Amended by Ord. 2025-005 §7 on 811912025
Amended by Ord. 2026-006 §5 on 412212026
1.8.66.040 Commercial (TeC)_Di_strict
The Terrebonne Commercial District is intended to allow a range of commercial and limited
industrial uses to serve the community and surrounding rural area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright
and do not require site plan review under DCC 18.124:
1. A single -unit dwelling or duplex on a lot or parcel existing on June 4, 1997.
2. A manufactured dwelling on a lot or parcel existing on June 4, 1997, subject
to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land
partition, subdivision, or subject to the standards of DCC 18.66.070 and
IiIVANii [IM31ia
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
8:7. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, and
��IN11.3
1. A building or buildings not exceeding 4,000 square feet of floor area to be
used by any combination of the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Offices.
d. Veterinary clinic and kennel entirely within an enclosed building.
e. A dwelling unit permitted outright or conditionally, in the same
building as a use permitted by DCC 18.66.040(B)(1).
f. Marijuana wholesaling, office only. There shall be no storage of
marijuana items or products at the same location.
2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more
than 4,000 square feet of floor area in a building or buildings, subject to
provisions of DCC 18.66.040(E).
3. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Motel, with a maximum of 35 units, only if served by a community sewer
system as defined in OAR 660-22-010(2).
2. Recreational vehicle park.
3. Religious institutions or assemblies.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
S. Public or private school.
6. Pa rk.
7. Public or semi-public building.
8. Medical center in a building or buildings not exceeding 4,000 square feet of
floor area.
9. Utility facility.
10. Water supply or treatment facility.
11. Vehicle and trailer sales, service, repair. or rental in a building or buildings not
exceeding 4,000 square feet of floor area.
12. Uses listed below carried on in a building or buildings not exceeding 4,000
square feet of floor area with no exterior displays or storage of industrial
equipment, industrial vehicles or industrial products:
a. Manufacturing and production.
b. Wholesale sales.
c. Mini -storage.
13. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
14. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation
District, including the excavation and mining for facilities, ponds, reservoirs,
and the off -site use, storage, and sale of excavated material.
15. Marijuana retailing, subject to the provisions of DCC 18.116.330.
16. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC
18.66.040(B) and (C).
1. Sewer and Water Requirements. Applicant must obtain approval for an on -
site sewage disposal system, or if applicable, obtain a Department of
Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF)
permit before approval or as condition of approval of the land use permit.
2. The County shalt notify the Terrebonne Domestic Water District of land use
actions made under DCC 18.66.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(12) may have a total
building floor area exceeding 4,000 square feet if the Planning Director or
Hearings Body finds:
a. The use is intended to serve the community and surrounding rural
area or the travel needs of people passing through the area;
b. The use will primarily employ a workforce from the community and
surrounding rural area; and
c. It is not practical to locate the use in a building or buildings with a
floor area of 4,000 square feet or less.
2. For purposes of DCC 18.66.040, the surrounding rural area includes the area
described bythe Terrebonne zip code, which extends south to the boundary
of the Redmond zip code, west to the boundary of the Sisters zip code, east
into Crook County to the boundary of the Prineville zip code and north into
Jefferson County to include Crooked River Ranch.
F. Design Standards.
Ground Floor Windows. The following criteria for ground floor windows apply to all
new commercial buildings in the TeC District except those containing uses listed in
DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply.
1. The window area shalt equal at least 50 percent of the length and 25 percent
of the height of the ground level wall area. Ground level wall area includes all
exterior wall area up to nine feet above the finished grade. The window
requirement applies to the ground level of exterior building walls that abut
sidewalks or roads.
2. Required window areas shall be windows that allow views into either working
areas, lobbies, pedestrian entrances or display windows.
G. Lot Area Requirements. The minimum lot area is 10,000 square feet. In addition, the
tot area requirements for this district will be determined by spatial requirements for
on -site sewage disposal, required landscaped areas, and off-street parking.
H. Lot Coverage. No lot coverage requirements, provided spatial requirements for
parking, sewage disposal, and landscaping are satisfied.
I. Setback Standards.
Front Setbacks. The front setback shall be a maximum of 15 feet, except as
otherwise allowed by DCC 18.124.070(D)(3). The front setback for buildings
may be reduced, but not increased, to the average building setback distance
of buildings on abutting lots or parcels.
2. Side Setback. No requirement, subject to DCC 18.66.040(I)(4).
3. Rear Setback. No specific requirements, subject to DCC 18.66.040(I)(4).
4. Exceptions to Setback Standards.
a. Lot lines abutting a residential district. Any new structure requiring a
building permit, sited on a lot or parcel abutting a residential district,
shall have a minimum setback of 15 feet from any shared lot line. The
required setback shall be increased by one foot for each foot by which
the structure height exceeds 20 feet.
b. Lot lines abutting an EFU zone. Any new structure requiring a building
permit, on a lot or parcel abutting EFU-zoned land receiving special
assessment for farm use, shall have a minimum setback of 100 feet
from any shared lot line.
HISTORY
Adopted by Ord. 97-003 §2 on 6/4/1997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004.002 §15 on 412812004
Amended by Ord. 2015_-004 §3 on 412212015
Amended by Ord. 20.16-015 §5 on 71112016
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2021-004 §3 on 512712021
Amended by Ord. 20227014 §3 on 41412023
Amended by Ord. 2024-008 §9 on 11712025
Amended by Ord. 2025-002 §15 on 312812025
Amended by Ord. 2025-005 §7 on 8/19/2025
Amended-byOrd. 2026-006 §5_on 4/22/2026
18.66.050 Commercial -Rural TeCR) District
The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses
common to a farming community.
A. Permitted Uses. The following uses and their accessory uses are permitted outright
and do not require site plan review under DCC 18.124:
1. A single -unit dwelling on a lot or parcel existing on June 4, 1997.
2. A manufactured dwelling on a lot or parcel existing on June 4, 1997, subject
to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land
partition, subdivision or subject to the standards of DCC 18.66.070 and
18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
6-.7. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, and
18.124:
1. A building or buildings not exceeding 4,000 square feet of floor area to be
occupied by any combination of the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Office.
d. A dwelling unit permitted outright or conditionally, in the same
building as a use listed in DCC 18.66.050.
e. Marijuana wholesaling, office only. There shall be no storage of
marijuana items or products at the same location.
2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more
than 4,000 square feet of floor area in a building or buildings, subject to
provisions of DCC 18.66.050(E).
C. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Religious institutions or assemblies.
2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
3. Park.
4. Public or semi-public building.
5. Utility facility.
6. Water supply or treatment facility.
7. Vehicle and trailer sales, service, repair, and rental in a building or buildings
not exceeding 4,000 square feet of floor area.
8. Uses listed below carried on in a building or buildings not exceeding 10,000
square feet of floor area to be occupied by any combination of the following
uses:
a. Manufacturing or production.
b. Wholesale sales.
c. Mini -storage.
d. Truck terminal.
e. Farm or contractor equipment storage, sales, service, or repair.
f. Uses that require proximity to rural resources, as defined in OAR 660-
04-022- (3)(a).
9. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
10. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation
District, including the excavation and mining for facilities, ponds, reservoirs,
and the off -site use, storage, and sale of excavated material.
11. Marijuana retailing, subject to the provisions of DCC 18.116.330.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC
18.66.050(B) and (C).
1. Sewer and Water Requirements.
a. Applicant must obtain approval for an on -site sewage disposal
system, or if applicable, obtain a Department of Environmental
Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit
before approval or as condition of approval of the land use permit.
b. The County shall notify the Terrebonne Domestic Water District of
land use actions made under DCC 18.66.
2. Compatibility.
a. Any use on a lot or parcel abutting a residential district shall not emit
odor, dust, fumes, glare, flashing lights, noise, or similar disturbances
perceptible without instruments more than 200 feet in the direction of
the affected residential lot or parcel.
b. Any use expected to generate more than 50 truck -trailer, contractors
and/or farm heavy equipment trips per day to and from the subject
property shall not locate on a lot or parcel abutting or across a local or
collector street from a lot or parcel in a residential district.
c. No use shall be permitted that has been declared a nuisance by state
statute, County ordinance, or a court of competent jurisdiction.
d. No use requiring an air containment discharge permit shall be
approved by the Planning Director or Hearings Body before review by
the applicable state or federal permit -reviewing authority. Such uses
shall not be located abutting or across a local or collector street from
a lot or parcel in a residential district.
3. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak
hour of the day to and from the premises shall document with facts
that the affected transportation facilities are adequate to serve the
proposed use, considering the functional classification, capacity, and
level of service of the affected transportation facility.
b. All parking demand generated by uses permitted by DCC 18.66 shall
be accommodated entirely on the premises.
c. Site design shall not require backing of traffic onto a public or private
road right-of-way.
4. Additional Requirements. Asa condition of approval of any use proposed,
the Planning Director or Hearings Body may require:
a. An increased setback requirement.
b. Additional off-street parking and loading facilities.
c. Limitations on signs, lighting, hours of operation, and points of ingress
and egress.
d. Additional Landscaped buffering and screening improvements.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.66.050(B) maybe allowed to occupy a floor area
exceeding 4,000 square feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural
area, or the traveling needs of people passing through the area;
b. The use will primarily employ a workforce from the community and
surrounding rural area; and
c. It is not practical to contain the proposed use within 4,000 square feet
of floor area.
2. This provision does not apply to uses listed in DCC 18.66.050(C)(8).
3. For purposes of DCC 18.66.050(E), the surrounding rural area described by
the Terrebonne zip code, which extends south to the boundary of the
Redmond zip code, west to the boundary of the Sisters zip code, east into
Crook County to the boundary of the Prineville zip code, and north into
Jefferson County to include Crooked River Ranch.
F. Design Standards. Ground Floor Windows. The following criteria for ground floor
windows apply to all new commercial buildings in the TeCR District except those
containing uses listed in DCC 18.66.050(C)(8). The provisions of DCC 18.124 also
apply.
1. The window area shall beat least 50 percent of the length of the ground level
wall area and 25 percent of height of the ground level wall area. Ground level
wall area includes all exterior wall area up to nine feet above the finished
grade. The window requirement applies to the ground level of exterior
building walls that abut sidewalks or roads.
2. Required window areas shall be windows that allow views into either working
areas, lobbies, pedestrian entrances or display windows.
G. Lot Area Requirements. The minimum lot area is 10,000 square feet. In addition, lot
area requirements for this district shall be determined by spatial requirements for
sewage disposal, required landscaped areas, and off-street parking.
H. Lot Coverage Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements
for parking, sewage disposal, and landscaping are satisfied.
2. No use listed in DCC 18.66.050(C)(8) that is located abutting or across a
Local or collector road from a lot or parcel in a residential district shall
exceed 70 percent lot coverage, including outside storage, and off-street
parking and loading areas.
I. Setback Standards.
1. Front Setback. The front setback shall be a maximum of 15 feet, except as
otherwise allowed by DCC 18.124.070(D)(3)(b). The front setback for
structures may be reduced, but not increased, to the average building
setback distance of existing structures on abutting lots or parcels.
2. Side Setback. No requirement, subject to DCC 18.66.050(I)(4).
3. Rear Setback. No specific requirement, subject to DCC 18.66.050(I)(4).
4. Exceptions to Setback Standards.
a. Lot line abutting a residential zone. For all new structures requiring a
building permit on a lot or parcel abutting a residential district, the
setback shall be a minimum of 15 feet from any shared lot line. The
required setback will be increased by one foot for each foot by which
the new structure height exceeds 20 feet.
b. Lot line abutting an EFU zone. Any structure requiring a building
permit on a lot or parcel abutting EFU-zoned land receiving special
assessment for farm use, shall have a minimum setback of 100 feet
from any shared tot line.
HISTORY
Adopted by Ord. 97-003 §2 on 6/4/1997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §7 on 1211212001
Amended by Ord. 2004-002 §16 on 412812004
Amended by Ord. 2015-004 §4 on 412212015
Amended by Ord. 2016-015 §5 on 71112016
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2021-004 §3 on 512712021
Amended by Ord. 2024-008 §9 on 11712025
Amended by Ord. 2025-002 §15 on 312812025
Amended by Ord. 2025-005 §7 on 811912025
Amended by Ord..2026-006_§5 on 412212026
Exhibit F
18.67.010 Purpose
18.67.020 Residentia( TuR) District
18.67.,030 Residential-5Acre Minimum (TuR5-Vistrict
18.67..040 Commercial TTuC)_District
18.67.050 Research And Development (TuR_E)_District
18.67.060 Industrial (Tul) District
18.67.070 Flood Plain (TuFP) District
18.67.080 Standards For All Districts
18.67.090 Right -Of -Way Development Standards
18.67.020 Residential TuRJ-®istrict
The Tumalo Residential (TuR) District allows a mixture of housing types and densities
suited to the level of available water and sewer facilities. The purpose of this district is to
allow new residential development that is compatible with the rural character of the area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright
and do not require site plan review under DCC 18.124.
1. A single -unit dwelling, or a manufactured dwelling subject to DCC
18.116.070.
2. A duplex.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC Title 18, involving:
a. Keeping of cows, horses, goats, sheep, or similar farm animals,
provided that the total number of such animals over the age of six
months is limited to the lot area divided by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits, or similar farm animals, provided
that the total number of such animals over the age of six months does
not exceed one for each 500 square feet of tot area.
5. Class I and II road or street project subject to approval as part of a land
partition, subdivision, or subject to the standards of DCC 18.67.080 and
18.116.230.
6. Class III road or street project.
7. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
9.8. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to the applicable provisions of this chapter, DCC
18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128:
1. Multi -unit dwelling.
2. Retirement center or nursing home.
3. Religious institutions or assemblies.
4. Cemetery.
5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
6. Public or private school.
7. Park.
8. Public or semi-public building.
9. Utility facility.
10. Water supply or treatment facility.
11. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation
District, including the excavation and mining for facilities, ponds, reservoirs,
and the off -site use, storage, and sale of excavated material.
13.-Residentiai facility.-
D. Lot Area and Lot Width Requirements.
1. Partitions:
a. Subject to the provisions of DCC 17.36.170(A), parcels not served by
an approved community, non -community, or municipal water system
shall have a minimum lot width of 150 feet with a minimum lot area of
one acre.
b. Subject to DCC 17.36.170(A), parcels served by an approved
community, non -community, municipal, or public water system, shall
have a minimum lot area as follows:
1) For a single -unit dwelling the parcel shall have a minimum lot
width of 100 feet and a minimum lot area of 22,000 square
feet.
2) For a duplex the parcel shall have a minimum lot width of 100
feet and a minimum lot area of 33,000 square feet.
2. Subdivisions:
a. For subdivisions involving multi -unit dwellings, a manufactured
dwelling park, or a retirement home, all new lots shall be connected
to a DEQ-permitted Wastewater Pollution Control Facility.
b. For subdivisions involving only single -unit dwellings or duplexes the
standards set forth in DCC 18.67.020(D)(1) shall apply.
E. Setback Standards.
1. Front Setback. The front setback shall be 20 feet for a lot line with street
frontage on a local street right-of-way, 30 feet for a lot line with street
frontage on a collector right-of-way, and 80 feet for a lot line with street
frontage on an arterial right-of-way.
2. Side Setback. Aside setback shall be a minimum of five feet and the sum of
the side setbacks shall be a minimum of 15 feet, subject to DCC
18.67.020(E)(4).
3. Rear Setback. The minimum rear setback shall be 20 feet, subject to DCC
18.67.020(E)(4).
4. Exception to Setback Standards. Any new structure requiring a building
permit, on a lot or parcel abutting EFU-zoned land receiving special
assessment for farm use, shall have a minimum setback of 100 feet from any
shared lot line.
HISTORY
Adopted by Ord. 97-033 §2 on 612511997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §8 on 1211212001
Amended by Ord. 2004-002. §17 on 412812004
Amended by Ord. 2020-00.1 §8 on 412112020
Amended by Ord. 2020-010 §4 on 71312020
Amended by Ord. 2021-013 §8 on 41512022
Amended by Ord. 2024-008 §10 on 11712025
Amended by Ord. 2025-0_02 §16 on 312812025
Amended by Ord. 2025-005 §8 on 811912025
Amended by_Ord. 2026-006 §6 on_412212026
The purpose of the Tumalo Residential-5 Acre Minimum District is to retain large rural
residential lots or parcels.
A. Permitted Uses. The following uses and their accessory uses are permitted outright
and do not require site plan review under DCC 18.124.
1. A single -unit dwelling, or a manufactured dwelling subject to DCC
it-41 iINIAN
2. Type 1 Home Occupation, subject to DCC 18.116.280.
3. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows, horses, goats, sheep, or similar farm animals,
provided that the total numbers of such animals over the age of six
months is limited to the tot area divided by 20,000 square feet.
b. Keeping of chickens, fowl, rabbits, or similar farm animals over the
age of six months, provided that the total numbers of such animals
does not exceed one for each 500 square feet of lot area.
4. Class I and II road or street project subject to approval as part of a land
partition, subdivision, or subject to the standards of DCC 18.67.080 and
18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
-8:7. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to the applicable provisions of this chapter, DCC
18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.116, 18.124, and 18.128:
1. Religious institutions or assemblies.
2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
3. Public or private school.
4. Park.
5. Public or semi-public building.
6. Utility facility.
7. Water supply or treatment facility.
8. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
9. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation
District, including the excavation and mining for facilities, ponds, reservoirs,
and the off -site use, storage, and sale of excavated material.
D. Lot Area Requirements. The minimum lot area is five acres.
E. Setback Standards.
1. Front Setback. The front setback shall be 20 feet for a lot line with street
frontage on a local street right-of-way, 30 feet for a lot line with street
frontage on a collector right-of-way, and 80 feet for a lot line with street
frontage on an arterial right-of-way.
2. Side Setback. Aside setback shall be a minimum of five feet and the sum of
the side setbacks shall be a minimum of 15 feet, subject to DCC
18.67.030(E)(4).
3. Rear Setback. The minimum rear setback shalt be 20 feet, subject to DCC
18.67.030(E)(4).
4. Exception to Setback Standards. Any new structure requiring a building
permit, on a lot or parcel abutting EFU-zoned land receiving special
assessment for farm use, shalt have a minimum setback of 100 feet from any
shared lot tine.
HISTORY
Adopted by Ord. 97-033 §2 on 6/25/1997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2000-033 §11 on 121612000
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001_7039 §8 on 1211212001
Amended by Ord. 2004-002 §18 on 412812004
Amended by Ord. 2020-001 §8 on 412112020
Amended by Ord. 2020-010 §4 on 71312020
Amended by Ord. 2024-008 §10 on 11712025
Amended by Ord. 2025-002 §16 on 312812025
Amended by Ord. 2025-005 §8 on 811912025
Amended by Ord. 2026-006 §6 on 412212026
The Tumalo Commercial District is intended to allow a range of limited commercial and
industrial uses to serve the community and surrounding area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright
and do not require site plan review under DCC 18.124.
1. A single -unit dwelling or duplex.
2. A manufactured dwelling subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land
partition, subdivision, or subject to the standards of DCC 18.67.060 and
18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District except as provided in DCC 18.120.050.
-- Lo.--- - -----
$:7. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory
uses are permitted subject to the applicable provisions of DCC 18.67, 18.116, and
18.124:
1. A building or buildings, none of which exceeds 4,000 square feet of floor area
to be used by any combination of the following uses:
a. Retail or service business.
b. Eating and/or drinking establishment.
c. Offices.
d. A dwelling unit permitted outright or conditionally, in the same
building as a use permitted in DCC 18.67.040.
e. Marijuana wholesaling, office only. There shall be no storage of
marijuana items or products at the same location.
2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than
4,000 square feet of floor area in a building subject to the provisions of DCC
1 INJ
3. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.116, 18.124, and 18.128:
1. Religious institutions or assemblies.
2. Bed and breakfast inn.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Park.
5. Public or semi-public building.
6. Utility facility.
7. Water supply or treatment facility.
8. Manufactured dwelling/RV park on a lot or parcel in use as a manufactured
dwelling park or recreational vehicle park prior to the adoption of PL-15 in
1979 and being operated as of June 12, 1996, as a manufactured dwelling
park or recreational vehicle park, including any expansion of such uses on
the same lot or parcel as configured on June 12, 1996.
9. The following uses and their accessory uses may be conducted in a building
or buildings not to exceed 4,000 square feet of floor area.
a. Farm equipment, sales, service, or repair.
b. Trailer sales, service, or repair.
c. Vehicle service or repair.
d. Veterinary clinic.
10. The following uses maybe conducted in a building or buildings not to exceed
10,000 square feet of floor area:
a. Manufacturing or production.
b. Wholesale sales.
c. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation
District, including the excavation and mining for facilities, ponds, reservoirs,
and the off -site use, storage, and sale of excavated material.
13. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC
18.67.040(C)(10).
1. Compatibility.
a. Any use expected to generate more than 50 truck -trailer and/or heavy
equipment trips per day to and from the subject property shall not be
permitted to locate on a lot or parcel abutting or across a local or
collector street from a lot or parcel in a residential district.
2. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak
hour of the day to and from the premises shall document with facts
that the affected transportation facilities are adequate to serve the
proposed use, considering the functional classification, capacity, and
level of service of the affected transportation facility.
b. All parking demand generated by uses permitted by DCC 18.67 shall
be accommodated entirely on the premises.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding
4,000 square feet but not greater than 10,000 square feet if the Planning
Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural
area, or the traveling needs of people passing through the area;
b. The use will primarily employ a workforce from the community and
surrounding rural area; and
c. It is not practical to contain the proposed use within 4,000 square feet
of the floor area.
2. This provision does not apply to uses listed in DCC 18.67.040(C)(10).
3. For the purposes of DCC 18.67.040, the surrounding rural area is described
as the following: extending north to the Township boundary between
Townships 15 and 16; extending west to the boundary of the public lands
managed by the U.S. Forest Service in T16S-R11 E; extending south to the
south section lines of T17S-R12E sections 4,5,6 and T17S-R11 E sections
1,2,3; and extending east to Highway 97.
F. Design Standards. Ground Floor Windows. The following criteria for ground floor
windows apply to new buildings in the TuC district except those uses listed in DCC
18.67.040(C)(10) and any residential use. The provisions of DCC 18.124 also apply.
1. The windows must be at least 50 percent of the length of the ground level
wall area and 25 percent of height of the ground level wall area. Ground level
wall area includes all exterior wall area up to nine feet above the finished
grade. The window requirement applies to the ground level of exterior
building walls which abut sidewalks or streets.
2. Required window areas shall be either windows that allow views into working
areas, lobbies, pedestrian entrances or display windows.
G. Lot Area Requirements. The minimum lot area is 10,000 square feet. In addition, lot
area requirements for this district shall be determined by spatial requirements for
sewage disposal, required landscaped areas, and off-street parking.
H. Lot Coverage Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements
for parking, sewage disposal, and landscaping are satisfied.
2. No use listed in DCC 18.67.040(C)(10) that is abutting or across a Locator
collector from a lot or parcel in a residential district shall exceed 70 percent
Lot coverage, including outside storage, and off-street parking and loading
areas.
I. Setback Standards.
1. Front Setback. The front setback shall be a maximum of 15 feet, except as
otherwise allowed by DCC 18.124.070 (D)(3). The front setback for structures
may be reduced, but not increased, to the average setback distance of
existing structures on abutting lots or parcels.
2. Side Setback. No requirement, subject to DCC 18.67.040(1)(4).
3. Rear Setback. No specific requirement, subject to DCC 18.67.040 (1)(4).
4. Exceptions to Setback Standards.
a. Lot line(s) abutting a residential zone. For all new structures or
substantial alterations of a structure requiring a building permit, on a
Lot or parcel abutting a residential district, the setback shall be a
minimum of 15 feet. The required setback will be increased by one
foot for each foot by which the structure height exceeds 20 feet.
b. Lot line(s) abutting an EFU zone. Any structure requiring a building
permit, on a lot or parcel abutting EFU-zoned land receiving special
assessment for farm use, shall have a minimum setback of 100 feet
from any shared lot line.
HISTORY
Adopted by Ord. 97-033 §2 on 6/25/1997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2000-033 §11 on 121612000
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §8 on 1211212001
Amended by Ord. 2_004-002. §19 on 412812004
Amended by Ord. 2004-013 §7 on 912112004
Amended by Ord. 2015=004 §5 on 412212015
Amended by Ord. 2016-01.5 §6 on 71112016
Amended by Ord. 2020-001 §8 on 412112020
Amended by Ord. 2020-010 §4 on 71312020
Amended by Ord. 2021-004 §4 on 512712021
Amended by Ord. 2021-013 §8 on 41512022
Amended by Ord. 2022-014 §4 on 41412023
Amended by Ord. 2024-008 §10 on 11712025
Amended by Ord. 2025-002 §16 on 3/28/2025
Amended by Ord. 2025-005 §8 on 811912025
Amended by Ord. 2026-006 §6 on 4/22/2026
Exhibit G
18.74.010 Purpose
18.74.020 Uses Permitted Deschutes Junction And Deschutes River Woods Store
18.74.025 Uses.Permitted: Spring River
18.74.027 Uses Permitted; Pine._Forest And_Rosland
18.74.030 Development Standards
18.74.050 Maps
� 6 - _ - - • •
A. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright and do not require site plan review under DCC 18.124:
1. A single -unit dwelling.
2. A manufactured dwelling subject to DCC 18. 116.070.
3. A duplex.
4. Type 1 Home Occupation, subject to DCC 18. 1 16. 280.
5. Agricultural uses.
6. Class I and II road or street project subject to approval as part of a land
partition or subdivision, or subject to the standards and criteria established
in DCC 18.116.230.
7. Class III road or street project.
8. A lawfully established use existing as of 11 /05/2002, the date this chapter
was adopted, not otherwise permitted by this chapter.
+0:9. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted subject to the applicable provisions of this chapter and DCC
18.116 and 18.124:
1. A building or buildings not exceeding 2,500 square feet of floor area to be
used by any combination of the following uses.
a. Restaurant, cafe, or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
g. Video store.
h. Antique, art, craft, novelty, and second hand sates if conducted
completely within an enclosed building.
2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as
of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500
square feet of floor area or 25 percent of the floor area of the building as of
said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor area to be
used by any combination of the following uses.
a. Retail sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair garage, towing service, fuel
storage, and sales.
f. Public or semi-public use.,
g. A dwelling unit permitted outright or conditionally, in the same
building as a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as
of 11 /05/2002, the date this chapter was adopted, shall be limited to 3,500
square feet of floor area or 25 percent of the floor area of the building as of
said date, whichever is greater.
C. Uses Permitted Subject to Site Plan Review. The following uses and their accessory
uses are permitted, subject to the applicable provisions of this chapter, DCC
18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Child care facility and/or preschool.
D. Conditional Uses. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116, 18.124, and
18.128:
1. A building or buildings not exceeding 3,500 square feet of floor area to be
used by any combination of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities
meeting the requirements of DCC 18.116.250(A) or (B).
d. Religious institutions or assemblies.
e. School.
2. Recreational vehicle park
3. Mini -storage facilities limited to 35,000 square feet in size.
4. Marijuana retailing, subject to the provisions of DCC 18.116.330.
5. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-019 §2 on 81712002
Amended by Ord. 2004-002 §20 on 412812004
Amended by Ord. 2008-008 §1 on 311812008
Amended by Ord. 2015-004 §7 on 412212015
Amended by Ord. 2016-015 §7 on 71112016
Amended by Ord. 2.020-001 §9 on 412112020
Amended by Ord. 2020-010 §5 on 71312020
Amended by Ord. 2021-013 §9 on 41512022
Amended by Ord. 2022-014 §5 on 41412023
Amended by Ord. 2024-008 §11 on 11712025
Amended by Ord. 2025-002 §17 on 312812025
Amended by Ord. 2025-005 §9 on 8/19/2025
Amended by Ord• 2026-006 §7 on 412212026
Exhibit H
CHAPTER 18.108_URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.010 Purpose
18.108.020 Standards For All Districts
18 108.030 Single Unit Residential�RS District
18.108.040 Multiple Unit Residential; RM District
18.108.050 Commercial; C District
18.108.655 Town Center TC District
18 108.060 Resort; R District
18.108.070 Resort Marina- RA District
18.108.080 Resort Golf Course; RG District
18.108.090 Resort Equestrian; RE District
18.108.100 Resort Nature Center; RN District
18.108.110 Business Park BP District
18.108.120 Community General: CG District
18.108.130 Community Recreation; CR District
18.108.140 Community Limited; CL District
18.108.150 Community Nei hborhood; CN District
18.108 160 Airport; A District
18.108.170 Utility; U District
18 08.175 Utility; U District/Limited Use Combining District
18 108.180 Forest: F District
18.108.190 Flood Plain• FP Combining District
18.108.030 Single Unit Residential: RS District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright:
1. Single -unit dwelling.
2. Recreational path.
3.— .
4-.3. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Conditional Uses Permitted. The following uses maybe permitted subject to DCC
18.128 and a conditional use permit:
1. Park, playground, and picnic and barbecue area.
2. Fire station.
3. Library.
4. Museum.
5. Health and fitness facility.
6. Utility substations or pumping stations with no equipment storage or sewage
treatment facilities.
7. Temporary subdivision sales office.
8. Community building.
9. Religious institutions or assemblies.
C. Height Regulations. No structure shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height, except as allowed under DCC 18.120.040.
D. Lot or Parcel Requirements. The following lot or parcel requirements shall be
observed, provided that the Planning Director or Hearings Body may allow smaller
Lots or parcels approved pursuant to DCC Title 18 and consistent with the
Comprehensive Plan designations for preservation of forested area or significant
rock outcroppings when these lots or parcels are internal to the subdivision or after
a hearing if they are located on the edge of the new plat.
1. Lot Area. A lot or parcel shall have a minimum tot area of 6,000 square feet..
2. Lot Width. A lot or parcel shall have a minimum lot width of 60 feet, except
that a lot or parcel with more than one front tot line shall have a minimum lot
width of 70 feet.
3. Street Frontage. Every lot or parcel shall have a minimum street frontage of
50 feet, except that on an approved cul-de-sac this may be reduced to 30
feet.
4. Front Setback. The front setback shalt be a minimum of 20 feet.
5. Side Setback. A side setback shall be a minimum of five feet for structures up
to 21 feet in height. All structures greater than 21 feet in height shalt have a
minimum side setback of 7.5 feet, including additions thereto.
6. Rear Setback. The rear setback for properties which do not have a common
area abutting the rear lot line shalt be a minimum of 25 feet. The rear setback
is zero for properties with a rear lot line which abuts a common area that is
50 feet or greater in depth. The rear setback for properties with a rear lot line
which abuts a common area less than 50 feet in depth shall be calculated at
six inches for every one foot less than 50 feet. The depth of the common area
abutting the rear lot line shall be determined to be the average depth of the
common area when measured at 90 degree angles at 10 foot intervals along
the entire length of the rear lot line.
7. Lot Coverage. Lot coverage shall not exceed 35 percent of the lot area.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 98-035 §2 on 6/10/1998
Amended by Ord. 2004-013 §11 on 912112004
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2024-008 §13 on 11712025
Amended by Ord. 2025-002 §26 on 312812025
Amended by Ord. 2025-005 §10 on 811912025
Amended by Ord. 2026-006 §8 on 412212026
18.108.0 00 Multiple Unit Residential; District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright subject to the applicable provisions of DCC 18.116, DCC 18.124, and DCC
Title 17:
1. A duplex.
2. Multi -unit dwellings and dwelling unit groups, including townhouses and
condominiums.
3. Uses permitted outright in the RS District.
4... Recreational path.
5. Type 1 Home Occupation, subject to DCC 18.116.280.
B. Conditional Uses Permitted. The following conditional uses may be permitted
subject to DCC 18.116, 18.124, and 18.128:
1. Park, playground, and picnic and barbecue area.
2. Fire station.
3. Library.
4. Museum.
5. Utility substations or pumping stations with no equipment storage or sewage
treatment facilities.
6. Off-street parking lots when abutting a less restrictive zoning district.
7. Community center.
8. Religious institutions or assemblies.
9. Temporary sales office for on -site dwelling units.
10. Interval ownership and/or time-share unit or the creation thereof.
11. Health and fitness facility. Height Regulations. No structure shall be
hereafter erected, enlarged or structurally altered to exceed 30 feet in height.
C. Lot or Parcel Requirements. The following lot or parcel requirements shall be
observed:
1. Duplexes and multi -unit dwellings
a. Lot Area. Every lot or parcel shall have a minimum lot area of 5,000
square feet for the first dwelling unit, plus the following minimum lot
area based upon the number of bedrooms per additional dwelling unit
in the following table:
Studio or Efficiency
750 sq. ft.
1 Bedroom
1,000 sq. ft.
2 Bedrooms
1,500 sq. ft.
3 Bedrooms
2,250 sq. ft.
4 Bedrooms
2,500 sq. ft.
b. The overall density shall not exceed eight dwelling units per acre.
c. Lot Width. Every lot or parcel shall have a minimum lot width of 50
feet.
d. Frontage. Every lot or parcel shall have a minimum street frontage of
50 feet, except that on an approved cul-de-sac this may be reduced to
30 feet.
e. Front Setback. The front setback shalt be a minimum of 10 feet.
f. Side Setback. There shall be a minimum side setback of five feet and
the sum of the side setbacks shall be a minimum of 15 feet. The side
setbacks shall be increased by one-half foot for each foot by which
the structure height exceeds 15 feet.
g. Rear Setback. The rear setback shall not be less than five feet. The
rear setback shall be increased by one-half foot for each foot by which
the structure height exceeds 15 feet.
h. Lot Coverage. Lot coverage shall not exceed 40 percent of the total lot
area..
2. Townhouses, condominiums, and zero lot line dwelling units:
a. There shalt be no minimum lot area for townhouse, condominium,
and zero tot line dwelling unit developments, provided, however, that
the overall density shalt not exceed eight dwelling units per acre.
b. Setbacks. Setbacks, lot widths, and lot coverage shalt be determined
at the time of site plan approval.
3. Single -Unit Dwellings:
a. Lot widths, setbacks, and lot coverage shall be the same as provided
in the RS District, provided that the overall density shall not exceed
eight dwelling units per acre.
D. Off -Street Parking. Off-street parking shall be provided for a minimum of two cars
per dwelling unit.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 99-036 §1 on 1211511999
Amended by Ord. 2004-002 §22 on 412812004
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2025-002 §25 on 312812025
Amended by Ord. 2025-009 §9 on 71112025
Amended byOrd. 2026-006 §8 on 4/22/2026
18.108. 550 Commercial: C District
A. Uses Permitted Outright. Any combination of the following uses and their accessory
uses are permitted outright in the C district, subject to the applicable provisions of
DCC 18.116 and DCC 18.124.
1. Recreational path.
2. Ambulance service.
3. Library.
4. Religious institutions or assemblies.
5. Bus stop.
6. Community center.
7. A building or buildings each not exceeding 8,000 square feet of floor area
including any combination of:
a. Retail/rental store, office, and service establishment.
b. Art galleries
c. Dry cleaner and/or self-service laundry establishment.
d. Radio and television sales and service.
e. Radio and television broadcasting studios and facilities, except
towers.
f. Restaurant, bar and cocktail lounge, including entertainment.
g. Automobile service station.
h. Technical and business school.
i. Catering establishment.
j. Crafts in conjunction with retail sales (occurring on premises, such as
stained glass/pottery, etc.).
k. Medical and dental clinic, office and laboratory.
L. Theater not exceeding 4,000 square feet of floor area.
m. Marijuana wholesaling, office only. There shall be no storage of
marijuana items or products at the same location.
8. Multi -unit dwellings, subject to the provisions of DCC 18.108.050(C)(1).
9. Dwelling units constructed in the same building as a commercial use,
subject to the provisions of DCC 18.108.050(C)(2).
10. Post Office.
11. Administrative and office facility associated with a community association or
community use.
12. Police facility.
B. Conditional Uses Permitted. The following conditional uses may be permitted
subject to DCC 18.116, 18.124, and 18.128.
1. Public buildings and public utility buildings and structures.
2. Club, lodge, or fraternal organization.
3. Commercial off-street parking lot.
4. Bus passenger station.
5. Interval ownership and/or time-share unit or the creation thereof.
6. Miniature golf.
7. Bed and breakfast inn.
8. Inn.
9. A building or buildings each not exceeding 8,000 square feet of floor area
including any combination of:
a. Bowling alley.
b. Car wash.
c. Dancing or music school, nursery school, kindergarten, and day-care
facility.
d. Theater exceeding 4,000 square feet in floor area.
e. Veterinary clinic or kennel operated entirely within an enclosed
building.
f. Automotive repair and maintenance garage, or tire store, provided the
business is wholly conducted within an enclosed building.
g. Marijuana retailing, subject to the provisions of DCC 18.116.330.
10. Psilocybin service centers. subject to the provisions of DCC 18.116.380.
C. Use Limits.
1. Multi -unit dwellings, allowed on the nine acres vacant as of December 31,
1997, in the C District, shall be subject to the provisions of DCC
18.108.040(C) and (D), and the following requirements:
a. No dwelling unit shall have more than three bedrooms.
b. Individual dwelling units shall not exceed 2,250 square feet of floor
area.
c. One off-street parking space shall be provided for each bedroom
within each dwelling unit, with a maximum of two spaces allowed per
dwelling unit.
2. Dwelling units constructed in the same building as a commercial use
developed in the C district shall be subject to the following requirements:
a. Dwelling units shall be developed above first floor commercial use.
b. No dwelling unit shall have more than two bedrooms.
c. Individual dwelling units shall not exceed 850 square feet of floor
area.
d. One off-street parking space shall be provided for each bedroom
within each dwelling unit.
3. Uses permitted either outright or conditionally in the C District shall not
involve the transport of chemicals which would present a significant hazard.
D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC
18.108.050(A)(7) or DCC 18.108.050(B)(10) maybe allowed in a building or buildings
each exceeding 8,000 square feet of floor area if the Planning Director or Hearings
Bodyfinds:
1. That the intended customers for the proposed use will come from the
community and surrounding rural area, or the use will meet the needs of the
people passing through the area. For the purposes of DCC 18.108.050(D),
the surrounding rural area shall be that area identified as all property within
five miles of the boundary of the Sunriver Urban Unincorporated Community;
2. The use will primarily employ a workforce from the community and
surrounding rural area; and
3. That it is not practical to locate the use in a building or buildings under 8,000
square feet of floor area.
E. Height Regulations. No structure shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height.
F. Lot or Parcel Requirements. The following lot or parcel requirements shall be
observed:
1. Lot Area. No requirements.
2. Lot Width. Minimum of 100 feet.
3. Front Setback. The front setback shall be a minimum of 10 feet.
4. Side Setback. None, except when a side lot line is abutting a lot or parcel in
an RS or RM District, and then the side setback shall be a minimum of 10
feet. The required side setbacks shall be increased by one-half foot for each
foot by which the structure height exceeds 20 feet.
5. Rear Setback. None, except when a rear lot line is abutting a lot or parcel in
an RS or RM District, and then the rear setback shall be a minimum of 10
feet. The required rear setback shall be increased by one-half foot for each
foot by which the structure height exceeds 20 feet.
6. Lot Coverage. No requirements.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 98-016 §1 on 3/11/1998
Amended by Ord. 2003-026 §1 on 7/9/2003
Amended by Ord. 2015-004 §9 on 412212015
Amended by Ord. 2016-015 §9 on 71112016
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2022-014 §7 on 41412023
Amended by Ord. 2024-008 §13 on 11712025
Amended by Ord. 2025-002 §26 on 312812025
Amended by Ord. 20267006 §8 on 412212026
18.108.055 Town Center• TC District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright in the TC District, subject to the applicable provisions of DCC 18.116 and
DCC 18.124.
1. Park or plaza.
2. Library.
3. Community center.
4. Visitors center.
5. A building, or buildings each not exceeding 8,000 square feet of floor area,
unless approved as a Large Scale Use pursuant to DCC 18.108.055(C),
including any of the following uses:
a. Retail/rental store, office, civic and service establishment.
b. Grocery store.
c. Art gallery.
d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including
entertainment.
e. Health care service including medical and dental clinic, office,
pharmacy, and laboratory but excluding nursing homes.
f. Health & fitness facility.
g. Barber, beauty shop or spa.
h. Child care center, preschool, and daycare facility.
i. Bank.
j. Post office.
k. Veterinary clinic (without animal boarding facilities).
L. Crafts in conjunction with retail sales (occurring on premises such as
sculpture, stained glass, pottery, etc.).
m. Meeting room, convention and banquet facility.
n. Property sales, mortgage, management or rental office.
o. Movie theater.
6. Multi -Unit Dwelling, subject to paragraphs (E)(1) and (2).
7. Developed recreational facilities, outdoors or in a building or buildings each
not exceeding 8,000 square feet of floor area, unless approved as a Large
Scale Use pursuant to DCC 18.108.055(C), including, but not limited to the
following facilities:
a. Indoor and outdoor swimming pools.
b. Ice skating rink.
c. Indoor and outdoor tennis courts.
d. Indoor and outdoor basketball court or other ball field.
e. Physical fitness facilities.
f. Park, playground, and picnic and barbeque area.
g. Walkways, bike paths, jogging paths.
h. Bowling alley.
i. Arcade.
8. Hotel with up to 100 hotel units in a single building.
9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3) and a limit
of 8,000 square feet of floor area for commercial uses listed in DCC
18.108.055(A)(5) or recreational uses listed in DCC 18.108.055(A)(7), unless
said uses are approved as large scale uses pursuant to DCC 18.108.055(C).
�i �lM7li►�l�l�r��rl�l���A
+1710. Senior housing/assisted living or active adult development, excluding
nursing homes.
+2 11. Townhomes, subject to paragraphs (E)(1) and (2).
4-3-.12. Accessory uses to uses permitted outright, including, but not limited
to, parking facilities, private roads, storage facilities, trash receptacles and
recycling areas.
+4-.13. _Similar uses to those allowed outright, provided they are approved by
the County in the decision approving the Conceptual Site Plan described in
DCC 18.108.055(K).
+5 14. Religious institutions or assemblies.
B. Conditional Uses Permitted. The following conditional uses may be permitted
pursuant to the provisions of DCC 18.116, 18.124, and 18.128.
1. Public buildings and public utility buildings and structures.
2. Bed and breakfast inn.
3. Ambulance service.
4. Fire station.
5. Police station.
6. Bus passenger station.
7. Live/work dwelling units.
8. Stand-alone parking structure.
9. Accessory uses to the above -listed conditional uses.
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
C. Special Requirements for Large Scale Uses. Any of the uses listed in DCC
18.108.055(A)(5) or (A)(7) may be allowed in a building or buildings each exceeding
8,000 square feet of floor area if the Planning Director or Hearings Body finds:
1. That the intended customers for the proposed use will come from the
Sunriver community and surrounding rural area. The surrounding rural area is
the area identified as all property within five miles of the boundary of the
Sunriver Urban Unincorporated Community; and/or
2. The use will meet the needs of the people passing through the area.
D. Form of Ownership/List of Uses.
1. Any lawful form of ownership is allowed in the TC District.
2. The listing of uses permitted in the TC District is not intended to prohibit
other uses allowed elsewhere in Sunriver.
3. When a general use listed in the TC District includes a use or type of
ownership that is more specifically described in another zone in Sunriver, the
specific listing elsewhere does not prohibit that use from being conducted in
the TC District.
E. Use Limits.
1. Commercial uses, except for Type 1 home occupations as defined in DCC
18.116.280, are not allowed in Multi -Unit Dwellings or Townhomes..
2. Notwithstanding subsection (E)(1), above, the following uses are allowed in
Multi -Unit Dwellings or Townhomes:
a. Live/work dwelling units.
b. Lock -off areas.
c. Accessory uses to the residential use of the building, such as parking
and storage areas.
3. Ina Mixed Use Structure, any ground floor unit that has primary frontage
along a public plaza approved as part of a Conceptual Site Plan shall be used
only for commercial, recreational, or community/governmental uses, but not
for hotel units.
4. A live/work dwelling unit is subject to the following conditions.
a. One or more walls of the dwelling unit abut another residential or
commercial building.
b. The first floor above the garage is the ground floor, where a parking
garage is provided below a dwelling unit, below the average finished
grade and is completely obscured from view on at least one side of
the building.
c. The commercial area of the live/work dwelling unit may not exceed
fifty percent (50%) of the square footage of the entire unit, excluding
the garage.
d. The commercial area shall not exceed 8,000 square feet of floor area
in combination with other commercial uses in the same building
unless the building has been approved as a part of a Large Scale Use
pursuant to DCC 18.108.055(C).
F. Height Regulations.
1. Except as provided in subsection (2), below, no Mixed Use Structure shall be
erected, enlarged, or structurally altered to exceed 60 feet in height.
2. One Mixed Use Structure shall be permitted with a maximum height not to
exceed 75 feet in height, so long as the building footprint of that portion of
said structure that exceeds 60 feet in height is not greater than 40,000 square
feet of the structural footprint.
3. Townhomes may not exceed 40 feet in height.
4. Multi -Unit Dwellings that are not Mixed Use Structures may not exceed 50
feet in height.
5. The height of all other structures for uses other than those described in
subsections (F)(1)-(4), above, may not exceed 45 feet in height.
6. Where a parking garage is provided beneath buildings or structures
described in subsection (F)(1) and (2), above, the height of the structure shall
be measured from the highest point of the roof to one of the following points:
a. A point equal to the elevation of the highest abutting sidewalk or
finished grade within a five foot horizontal distance of the exterior wall
of the building when such sidewalk or finished grade is not more than
10 feet above the lowest elevation adjacent to the building; or
b. A point equal to the elevation that is 10 feet higher than the lowest
finished grade from the sidewalk or ground surface described in
subsection (a), above, when the sidewalk or ground surface described
in subsection (a) is more than 10 feet above lowest finished grade
adjacent to the building.
7. Projections and architectural elements such as chimneys, spires, clock
towers, skylights, atriums, flag poles, mechanical equipment, and screens
and other similar items that do not add habitable interior floor area may be
allowed to exceed the height limit by a maximum of 10 feet.
8. Structures that comply with the height limitations of this subsection also
comply with the view protection requirement imposed by DCC
18.124.060(A).
G. Lot or Parcel Requirements. The following lot or parcel requirements shall be
observed.
1. Front setback: the front setback shall be a minimum of 10 feet.
a. Where a lot or parcel has more than one front lot line, only one front
setback area must meet the 10 feet minimum.
b. Below -grade parking structures that are built under private streets do
not need to meet front setback requirements.
2. Side setback: 0 feet.
3. Rear setback: 0 feet.
4. Street Frontage: 0 feet.
5. Road Access.
a. Each lot or parcel shall have access to any required parking areas and
driveways, and to a private road, via a perpetual easement recorded
for the benefit of the subject lot or parcel.
H. District Setback.
1. All development, including structures and sight -obstructing fences over
three feet in height, shall beset back from exterior TC District boundaries by
the following distances:
a. Where the TC District boundary borders an RS or RM District, the
minimum setbacks will be:
1) 15 feet from the TC District boundary for any portion of a
structure that is 45 feet or lower.
2) 20 feet from the TC District boundary for any portion of a
structure that is over 45 feet in height and that does not exceed
50 feet in height.
3) 50 feet from the TC District boundary for any portion of a
structure that is over 50 feet in height.
b. Where the TC District boundary borders a CL District, the minimum
setbacks will be:
1) Five feet from the TC District boundary for any portion of a
structure that is 45 feet or lower.
2) 10 feet from the TC District boundary for any portion of a
structure that is over 45 feet in height and that does not exceed
50 feet in height.
3) 20 feet from the TC District boundary for any portion of a
structure that is over 50 feet in height and that does not exceed
60 feet in height.
4) 50 feet from the TC District boundary for any portion of a
structure that is over 60 feet in height.
c. Where the TC District boundary borders any other zoning district, the
minimum setback will be:
1) 10 feet from the TC District boundary for any portion of a
structure that is 45 feet in height or lower.
2) 15 feet from the TC District boundary for any portion of a
structure that is over 45 feet in height and that does not exceed
50 feet in height.
3) 20 feet from the TC District boundary for any portion of a
structure that is over 50 feet in height.
2. Items allowed in the District Setback include, but are not limited to, parking,
roads, signage, pedestrian pathways, street trees, planters, driveways,
Landscaping, and outdoor seating.
I. Floor Area Ratio.
1. The maximum Floor Area Ratio in the TC District is 1.0.
2. Floor Area Ratio is determined by dividing the floor area of all floors of all
buildings that are proposed by a Conceptual Site Plan by the land area to be
bound by the Conceptual Site Plan.
3. The following areas are not apart of the "floor area of all buildings":
a. Below -grade parking garages and mechanical rooms and storage
areas located on the same floor as the parking garage.
b. Crawl spaces and attics that are not suited to human occupancy.
J. Zone Coverage.
1. The total square footage of the structural footprints of buildings and
enclosed structures is limited to fifty percent (50%) of the gross acreage
bound by a Conceptual Site Plan in the TC District.
2. The total square footage of the structural footprints of Multi -Unit Dwellings
and Townhome buildings allowed by DCC 18.108.055(A)(6) and (12) is limited
to a maximum of twenty percent (20%) of the gross acreage of the TC District.
3. When calculating the structural footprint, buildings and enclosed structures
include any deck that is more than 12 inches above finished grade and all
areas within any screened enclosure permanently affixed to the ground.
4. The following are not included as building or structures for purposes of
calculating structural footprint:
a. Eaves and any driveway, road, walkway, deck, patio, plaza, or porch
that is 12 inches or less above finished grade (except with affixed
improvements that exceed 12 inches); and
b. Parking areas on or below finished grade.
K. Conceptual Site Plan.
1. Prior to or concurrent with approval of a site plan or conditional use permit,
an applicant must file for approval of a Conceptual Site Plan.
2. A Conceptual Site Plan shall provide a master plan that depicts the
approximate location of all of the applicant's proposed land uses.
3. All land owned or controlled by the applicant in the TC District must be
shown on and will be bound by the applicant's Conceptual Site Plan.
4. A Conceptual Site Plan application must include all of the following
information:
a. Types of uses.
b. Site circulation.
c. Pedestrian Facilities.
d. Traffic impact study, as described in DCC 17.16.115.
e. The following additional information:
1) An analysis of site access points to Abbott Drive and Beaver
Drive by a registered professional engineer who specializes in
traffic analysis work that describes operational, capacity and
sight distance issues of those access points and the impact of
Conceptual Site Plan development on those access points.
2) Identification of street system improvements needed to
support the proposed development based on the information
provided by the reviews required by this subsection (d).
3) A schedule for the construction of needed street
improvements, if any, keyed to development benchmarks.
f. Approximate location of phase boundaries, if phased development is
proposed, and notation of the phasing sequence.
g. The projected location and projected range of building or structure
size, in square feet, for commercial uses.
h. The projected location and projected range of the number of dwelling
units for residential use.
i. The projected location and approximate size, in square feet, of plazas
and public gathering areas.
j. Elevations throughout the site that represent general elevations of
each use.
1) Examples of uses for which such elevations should be shown
on the Conceptual Site Plan are residential, hotel or
commercial structures, pedestrian plazas, parking areas, road
intersections, and at length along all roadways.
2) Such elevations must show existing and projected finished
elevations.
k. The projected structural footprint and location of new buildings or
parking areas. The exact structural footprints and locations of
buildings and parking areas shall be determined during site plan
review.
L. Existing uses on lands owned or controlled by persons other than the
applicant.
5. A Conceptual Site Plan shall be approved if it demonstrates that future
development is located on the subject property so that, in addition to the
requirements of DCC 18.108.055, the following standards can be met at the
time of site plan review:
a. DCC 23.40.025; and
b. DCC 18.124.060 (A) - (E) and (1); interpreted as described in DCC
23.40.025(E)(1)(d)(3).
6. Approval of a Conceptual Site Plan does not authorize uses or development.
7. An applicant shall commence development within five years of the date of
final approval of the Conceptual Site Plan unless an extension of the duration
of approval of the Conceptual Site Plan has been granted pursuant to DCC
22.36.010(C).
8. Substantial construction of a Conceptual Site Plan development, for
purposes of DCC 22.36.020(A)(2), occurs when the first building authorized
by the Plan has been substantially constructed, as defined by DCC
22.36.020(B).
L. Application and approval process.
A site plan or conditional use application shall be consistent with the
Conceptual Site Plan with the following exceptions.
a. Existing structures or features can be used or altered to meet the
requirements of subsections (5) and (10)-(13) of this subsection.
b. If the existing structures or features were included in a site plan
approval under DCC 18.108.055 and the existing structures or
features are proposed to be altered by subsequent site plan, that
subsequent site plan must demonstrate compliance with the
requirements, of subsections (5) and (10)-(13) of this subsection.
2. A site plan application shall include the number of all uses by type, their ITE
code and their pm peak hour trips.
3. Each site plan, cumulatively with any previously approved site plan, shall
demonstrate that the development will not generate traffic at a rate that will
exceed the number of pm peak hour vehicle trips for residential and
commercial uses assumed in the traffic study required by subsection (K)(4)
above.
4. Adjustments maybe made to building locations, sizes, structural footprints,
unit counts and phase boundaries shown on the Conceptual Site Plan during
site plan review if such adjustments do not constitute a change requiring
modification of approval of the Conceptual Site Plan pursuant to DCC
22.36.040.
5. An applicant seeking site plan approval shall demonstrate that, when the
development that is subject to the site plan approval is complete, a ratio of
150 square feet of commercial space to one dwelling unit will be met.
6. The term "dwelling unit" used in subsection (5), above, includes:
a. ALL hotel units and residential dwelling units, including Multi -Unit
Dwellings and Townhomes.
b. Lock -off Areas shall be counted as a half dwelling unit for purposes of
calculating the ratio described in subsection (5), above.
7. The development in the TC District, cumulatively with any previously
approved site plan, must meet the ratio in subsection (5) above.
8. When a second or subsequent site plan is approved a commercial area
shown on a prior site plan may be counted toward meeting the required ratio
in Subsection (5) above only if construction of the commercial area approved
on a prior site plan has been commenced.
9. The site plan shall include the projected finished and existing grade
elevations of the site indicating every foot of elevation change on the subject
property.
10. Each site plan, cumulatively with all previously approved site plans, shall
demonstrate compliance with the fifteen percent (15%) lot area landscaping
requirement of DCC 18.124.070(B)(1)(a).
a. Landscape areas existing as of the adoption of Ordinance 2008-105
may be used to determine compliance with the fifteen percent (15%)
rule as long as the existing landscaping is included in the site plan.
b. In the TC District, plazas available to the public may be included to
demonstrate compliance with the fifteen percent (15%) landscaping
requirement.
11. Each site plan, cumulatively with all previous site plans, shall demonstrate
compliance with the FAR requirements of DCC 18.108.055(I).
12. Each site plan, cumulatively with all previously approved site plans, shall
demonstrate compliance with the recreation space requirements of DCC
18.124.070(A)(2).
13. Each site plan, cumulatively with all previously approved site plans, shall
demonstrate compliance with the zone coverage requirements of DCC
18.108.055(J).
14. Where improved bike paths cross land proposed for site plan development,
the applicant shall retain or relocate and rebuild the bike path.
M. Any application for a zone change to the Town Center District shalt include a copy of
a signed development agreement between the property owner, the applicant, if
different than the property owner, and the homeowners association.
116*1110 Zvi
Adopted by Ord. 2008-015 §2 on 613012008
Amended by Ord. 2015-004 §9 on 412212015
Amended by Ord. 2016-015 §9 on 71112016
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2022-014 §7on 41412023
Amended by Ord. 2025-002 §26 on 3/28/2025
Amended by Ord. 2026-006 §8 on 412212026
18.108 060 Resort• R District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright in the R District, subject to the applicable provision of DCC 18.116 and DCC
18.124:
1. Resort facility developed in a building or buildings, without any floor area
limitations, which include any combination of:
a. Meeting room, convention, and banquet facility.
b. Resort recreation facilities.
c. Property sales and rental office.
d. Hotel, motel and lodging facility with up to 100 units in a single
building.
e. Maintenance facility associated with resort and recreation operations.
f. Storage building necessary for and associated with resort, recreation,
and/or property development.
g. Administrative offices, support and service facilities commonly
associated with resort and recreation development and operations.
2. Restaurant, bar and cocktail lounge including entertainment and catering
facilities which are included within the same building as any of the uses
listed in DCC 18.108.060(A)(1).
3. Retail sales, rental and repair services commonly associated with and
included within the same building as any of the uses listed in DCC
18.108.060(A)(1).
4. Interval ownership and/or time-share unit or the creation thereof.
S. Multi -unit dwellings subject to and consistent with the standards of the RM
District.
6. Recreational path.
�l1.7 ►�ly�l�rl�rl�l�tl\ A
8-.7. A building or buildings each not exceeding 8,000 square feet of floor
area which conform with the height regulations and lot or parcel
requirements of the R District and include any combination of:
a. New restaurant, bar and cocktail lounge, including entertainment and
catering facilities which are not included within the same building as
those uses listed in DCC 18.108.060(A)(1).
b. New retail sales, rental and repair services commonly associated with
uses permitted outright or conditionally in the R District which are not
included within the same building as those uses listed in DCC
18.108.060(A)(1).
B. Conditional Uses Permitted. The following conditional uses may be permitted
subject to DCC 18.116, DCC 18.124, and 18.128:
1. Public buildings and public utility buildings and structures as they maybe
appropriate to the R District.
2. Religious institutions or assemblies, club, or fraternal organization.
3. School.
C. Height Regulations. No structure shall be hereafter erected, enlarged, or structurally
altered to exceed 40 feet in height.
D. Lot or Parcel Requirements. The following lot or parcel requirements shall be
observed=:
1. Lot Area. No requirements.
2. Lot Width. Minimum of 100 feet.
3. Front Setback. The front setback shall be a minimum of 10 feet.
4. Side Setback. None, except when aside lot line is abutting a lot or parcel in
an IRS or RM District, and then the side setbacks shall be a minimum of 10
feet. The required side setbacks shall be increased by one half foot for each
foot by which the structure height exceeds 20 feet.
5. Rear Setback. None, except when a rear tot line is abutting a lot or parcel in
an IRS or RM District, and then the rear setback shall be a minimum of 10
feet. The required rear setback shall be increased by one half foot for each
foot by which the structure height exceeds 20 feet.
6. Lot Coverage. No requirements.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2024-008 §13 on 11712025
Amended by Ord. 2025-002 §26 on 312812025
Amended by Ord. 2026-006 §8 on 412212026
Exhibit I
18.110.010_Purpose
18.110.020 Seventh Mountain/Widgi Creek And Black Butte Ranch ResortDistricts
18.110.030 Widgi Creek Residential District
18.110.040 Black Butte Ranch Surface Mining/Limited Use Combining District
18.110.050 Black Butte Ranch-Utility/Limited Use Combining District
18.110.060 Develo ment Standards
18_110.020 Seventh Mountain/Widgi Creek And Black Butte Ranch Resort Districts
A. Uses permitted outright. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.110.050:
1. A single -unit dwelling.
3-.2. Timeshare units existing as of January 1, 1984 at Black Butte Ranch.
43. Timeshare units at the Inn of the Seventh Mountain.
5-.4. The following resort recreational facilities: Recreational path, picnic
and barbecue area, park, playground, and sport courts for basketball,
volleyball, and similar small-scale recreation activities.
6.5. Livestock and horse grazing on common area in Black Butte Ranch.
7-.6. Police or security facility.
&�7. Temporary Hardship Dwelling, subject to DCC 18.116.090.
B. Uses permitted subject to site plan review. The following uses and their accessory
uses are permitted subject to applicable provisions of DCC 18.110 and DCC 18.116,
Supplementary Provisions, and DCC 18.124, Site Plan Review:
1. Resort facility, as that term is defined in DCC Title 18.
2. Resort recreation facilities, as that term is defined in DCC Title 18, except
those uses listed in DCC 18.110.020(A)(6).
3. Resort utility facilities, as that term is defined in DCC Title 18.
4. Property sales and rental office.
5. Hotel or motel.
6. Daycare facility.
7. Fire station.
8. Post office.
9. Multiple -unit dwellings.
10. Employee housing.
IM41,11y so
C. Conditional uses permitted. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.110 and DCC 18.116,
Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128,
Conditional Use:
1. Religious institutions or assemblies.
2. Wireless telecommunications facility.
HISTORY
Adopted by Ord. 2001-048 §2 on 1211012001
Amended by Ord. 2014-009 §1 on 81612014
Amended by Ord. 2014-025 §1 on 911512014
Amended by Ord. 2020-001 §13 on 412112020
Amended by Ord. 2024-008 §14 on 11712025
Amended by Ord. 2025-002 §27 on 312812025
Amended by Ord. 2025-005 §11 on 811912025
Amended by Ord. 2026-006 §9 on 412212026
18.11.0.030 Wid i Creek Residential District
The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.110.060:
A. A single -unit dwelling.
i.�.�a.� i� i� u� r w ni a ►�
�B. Timeshare units.
E-. C. Temporary Hardship Dwelling, subject to DCC 18.116.090.
HISTORY
Adopted by Ord. 2001-048 §2 on 1211012001
Amended by Ord. 2025-002 §27 on 312812025
Amended by Ord. 2025-005 §11 on 811912025
Amended by Ord. 2026-006 §9 on 412212026
Exhibit J
CHAPTER 18.116 SUPPLEMENTARY PROVISIONS
18.116.010 Authorization Of Similar Uses
18.116.020 Clear Vision Areas
18.116.030 Off -Street Parking And Loading
18.116.031 Bicycle Parkin
18.116.035 Bicycle Commuter Facilities
18.116.036 Special Parking Provisions For The Sunriver Town Center (TC) District
18.116.040 Accessory Uses
18.116.045 Exceptions To Permitted Dwelling Unit Facilities
18.116.050 Manufactured Dwellings
18.116.070 Placement Standards For Manufactured Dwellings
18 116 080 Manufactured Dwelling Or RV As A Temporary Dwellin Unit On An Individual
Lot Or Parcel During Construction
18.116.090 Manufactured Dwelling Or Recreational Vehicle As A Temporary Hardship
Dwelling
18.116.095 Recreational Vehicle As A Temporary Dwelling On An Individual Lot Or Parcel
18.116.100 Building Projections
18.11612 -Fences
18.116.130 Hydroelectric Facilities
18.116.140 Electrical Substations
18.116.150 Endangered Species
18.116.160 Rimrock Setbacks Outside Of LM Combining Zone
18.116.170 Solar Height Restrictions
18.116 180 Building Setbacks For The Protection Of Solar Access
18.116.190 Solar Access Permit
18.116.200 (Repealed)
18.116.210 Residential Homes And Residential Facilities
18.116.215 Family Child Care Provider
18.116.220 Conservation Easements On Property Abutting Rivers And Streams:
Prohibitions
18.116.230 Standards For Class I And II Road Projects
18.116.240 Protection Of Historic Sites
18.116.250 Wireless Telecommunications Facilities
18.116.260 Rock Crushin Outside The SM Zone
18.116.270 Conducting Filming Activities In All Zones
18.116.280 Home Occupations
18.116.290 Amateur Radio Facilities
18 116 300 Wind Energy Systems That Generate Less Than 100 KW
18.116.310 Traffic Impact Studies
18.116.320 Medical Marijuana Dispensary
18.116.330 Marijuana Production, Processing, Retailing, And Wholesaling
18.116.340 Marijuana Production Registered By The Oregon Health Authority (OHA_)
18.116.350 Historic Home Accessory Dwelling Units In RR-10 And MUAZones
18.116 355 Accessory Dwelling Units In The RR-10 And MUA Zones
18.116.360 Nursery Schools
18.116.380 Psilocybin Manufacturing, Service Centers, And Testing Laboratories
18.116.3 00 Identification Of Certain Features For Clear And Objective Applications
Pursuant To DCC 22.08.040
18.116.40 -Land Divisions
18.116.030 Off -Street Parking And Loading
A. Compliance. No building or other permit shall be issued until plans and evidence
are presented to show how the off-street parking and loading requirements are to be
met and that property is and will be available for exclusive use as off-street parking
and loading. The subsequent use of the property for which the permit is issued shall
be conditional upon the unqualified continuance and availability of the amount of
parking and loading space required by DCC Title 18.
B. Off -Street Loading. Every use for which a building is erected or structurally altered to
the extent of increasing the floor area to equal a minimum floor area required to
provide loading space and which will require the receipt or distribution of materials
or merchandise by truck or similar vehicle, shall provide off-street loading space on
the basis of minimum requirements as follows:
1. Commercial, industrial, and public utility uses which have a gross floor area
of 5,000 square feet or more shall provide truck loading or unloading berths
subject to the following table:
Sq. Ft. of Floor Area I No. of Berths Required
Less than 5,000 10
5,000-30,000
30,000-100,000 2
100,000 and Over 3
2. Restaurants, office buildings, hotels, motets, hospitals and institutions,
schools and colleges, public buildings, recreation or entertainment facilities,
and any similar use which has a gross floor area of 30,000 square feet or
more shall provide off street truck loading or unloading berths subject to the
followingtable:
Sq. Ft. of Floor Area
No. of Berths Required
Less than 30,000
0
30,000-100,000
1
100,000 and Over
2
3. A loading berth shall contain space 10 feet wide, 35 feet long and have a
height clearance of 14 feet. Where the vehicles generally used for loading
exceed these dimensions, the required length of these berths shalt be
increased.
4. If loading space has been provided in connection with an existing use or is
added to an existing use, the loading space shall not be eliminated if
elimination would result in less space than is required to adequately handle
the needs of the particular use.
5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall
not be used for loading and unloading operations except during periods of
the day when not required to take care of parking needs.
C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as
set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking
spaces shall be provided at the time a new building is hereafter erected or enlarged
or the use of a building existing on the effective date of DCC Title 18 is changed.
D. Number of Spaces Required. Off-street parking shall be provided as follows:
1. Residential.
Use
Requirements
Single -Unit Dwelling, Duplex, and Three-
2 spaces per dwelling unit
Unit Dwelling
Multi -unit dwelling containing four or
more dwelling units: Studio or efficiency
0.75 space per unit
unit
1 bedroom
1.00 space per unit
2 bedroom
1.50 space per unit
3 bedroom
2.25 space per unit
4 bedroom
2.50 space per unit
0.50 space guest parking per dwelling
Hotel
room
2. Commercial Lodging.
Use
Requirements
Hotel
1 space per guest room plus 1 space per 2 employees.
1 space per guest room or suite plus 1 additional
Motel
space for the owner -manager
Spaces to meet the combined requirements of the
Club or lodge
uses being conducted such as hotel, restaurant,
auditorium, etc.
Fraternity, sorority or
1 space for each 6 student beds
dormitory
3. Institutions.
Use Requirements
Welfare or correctional institution
Convalescent Hospital, nursing hospital,
sanitarium, rest home, home for the aged
Hospital
4. Places Of Public Assembly.
1 space per 3 beds for
patients or inmates
1 space per 2 beds for
patients or residents
1.50 spaces per bed
Use
Requirements
1 space per 4 seats or 8 feet of bench length in the main
Religious institutions or
auditorium or 1 space for each 50 sq. ft. of floor area
assemblies
used for assembly
Library, reading room,
1 space per 400 sq. ft. of floor area plus 1 space per 2
museum, art gallery
employees
Preschool, nursery or
2 spaces per teacher
kindergarten
1 space per 4 seats or 8 feet of bench length in
Elementary or junior high
auditorium or assembly room, whichever is greater,
schools
plus 1 space per employee.
1 space for each 6 students or 1 space per 4 seats or 8
High schools
feet of bench length in the main auditorium, whichever
is greater, plus 1 space per employee
College or commercial
1 space per 3 seats in classrooms
school for adults
Other auditorium or
1 space per 4 seats or 8 feet of bench length. If no fixed
meeting room
seats or benches, 1 space per 60 sq. ft. of floor area
5. Commercial Amusements.
Use Requirements
Stadium, arena or theater 11 space per 4 seats or 8 feet of bench length
Bowling alley 16 spaces per lane, plus 1 space per 2 employees
Dance hall or skating rink 1 space per 100 sq. ft. of floor area, plus 1 space per 2
employees.
6. Commercial.
Use
Requirements
Grocery stores of 1,500 sq. ft. or less of gross floor
1 space per 300 sq. ft. of
area, and retail stores, except those selling bulky
gross floor area
merchandise
1 space per 200 sq. ft. of
Supermarkets, grocery stores
gross floor area
Service or repair shops, retail stores and outlets selling
furniture, automobiles or other bulky merchandise
1 space per 600 sq. ft. of
where the operator can show the bulky merchandise
gross floor area
occupies the major area of the building
1 space per 300 sq. ft. of
Bank or office, except medical or dental
gross floor area
1 space per 150 sq. ft. of
Medical and dental office or clinic
gross floor area
1 space per 100 sq. ft. of
Eating or drinking establishments
gross floor area
1 space per 4 seats or 8
Mortuaries
ft. of bench length in
chapels
7. Industrial.
Use Requirements
1 space per employee on the
Manufacturing establishment
largest working shift
Storage warehouse, wholesale establishment,
1 space per 2,000 sq. ft. of floor
rail or trucking freight terminal
area
8. Airport Uses.
Use
Requirements
1 space per 4 private aircraft occupying a hangar
Hangars or tie -downs
or tie -down space
Office
1 space per 300 sq. ft. of gross floor area
Aircraft maintenance
1 space per 1,000 sq. ft. of gross floor area
Manufacturing, assembly,
1 space per 500 sq. ft. of gross floor area
research
9. Other uses not specifically listed above shall be provided with adequate
parking as required by the Planning Director or Hearings Body. The above list
shall be used as a guide for determining requirements for said other uses.
E. General Provisions. Off -Street Parking.
1. More Than One Use on One or More Lot or Parcels. In the event several uses
occupy a single structure, lot, or parcel, the total requirement for off-street
parking shall be the sum of requirements of the several uses computed
separately.
2. Joint Use of Facilities. The off-street parking requirements of two or more
uses, structures, lots, or parcels may be satisfied by the same parking or
loading space used jointly to the extent that it can be shown by the owners or
operators of the uses, structures, lots, or parcels that their operations and
parking needs do not overlap at any point of time. If the uses, structures, lots,
or parcels are under separate ownership, the right to joint use of the parking
space must be evidence by a deed, lease, contract, or other appropriate
written document to establish the joint use.
3. Location of Parking Facilities. Off-street parking spaces for dwelling units
shall be located on the same lot or parcel with the dwelling unit. Other
required parking spaces shall be located on the same lot or parcel or another
lot or parcel not farther than 500 feet from the building or use they are
intended to serve, measured in a straight line from the building in a
commercial or industrial zone. Such parking shall be located in a safe and
functional manner as determined during site plan approval. The burden of
proving the existence of such off -premise parking arrangements rests upon
the applicant.
4. Use of Parking Facilities. Required parking space shall be available for the
parking of operable passenger automobiles of residents, customers, patrons,
and employees only and shall not be used for the storage of vehicles or
materials or for the parking of trucks used in conducting the business or used
in conducting the business or use.
5. Parking, Front Setback Area. Required parking and loading spaces for multi-
unit dwellings or commercial and industrial uses shall not be located in a
required front setback area, except in the Sunriver UUC Business Park (BP)
District, Airport Development (AD) Zone, and properties fronting Spring River
Road in the Spring River Rural Commercial Zone, but such space may be
located within a required side or rear setback area.
6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within
commercial zones in the La Pine Planning Area and the Terrebonne and
Tumalo unincorporated communities, the amount of required off-street
parking can be reduced by one off-street parking space for every allowed on -
street parking space abutting a property up to 30% of the required off-street
parking. On -street parking shall follow the established configurations in the
parking design standards under DCC 18.116.030 Table 1. To be considered
for the parking credit, the proposed parking surface, along the street frontage
under review, must have a defined curb line and improved as required under
DCC 17.48, with existing pavement, or an engineered gravel surface. For
purposes of establishing credit, the following constitutes an on -street
parking space:
a. Parallel parking (0 degree), each 20 feet of uninterrupted curb;
b. Diagonal parking (60 degree), each with 11 feet of curb;
c. Perpendicular parking (90 degree), each with 10 feet of curb;
d. Curb space must be connected to the lot or parcel that contains the
use;
e. Parking spaces that would not obstruct a required clear vision area,
nor any other parking that violates any law or street standard; and
f. On -street parking spaces credited for a specific use may not be used
exclusively by that use, but shall be available for general public use at
all times. No signs or actions limiting general public use of on -street
spaces are permitted.
F. Development and Maintenance Standards for Off -Street Parking Areas. Every lot or
parcel hereafter used as a public or private parking area, including commercial
parking lots, shall be developed as follows:
1. Except for parking to serve residential uses, an off-street parking area for
more than five vehicles shall be effectively screened by a sight -obscuring
fence when abutting residential uses, unless effectively screened or buffered
by landscaping or structures.
2. Any lighting used to illuminate off-street parking areas shall be so arranged
that it will not project light rays directly upon any abutting property in a
residential zone.
3. Groups of more than two parking spaces shall be Located and designed to
prevent the need to back vehicles into a street or right of way other than an
alley.
4. Areas used for standing and maneuvering of vehicles shall be paved surfaces
adequately maintained for all weather use and so drained as to contain any
flow of water on the site. An exception may be made to the paving
requirements by the Planning Director or Hearings Body upon finding that:
a. A high water table in the area necessitates a permeable surface to
reduce surface water runoff problems; or
b. The subject use is located outside of an unincorporated community
and the proposed surfacing will be maintained in a manner which will
not create dust problems for neighboring properties; or
c. The subject use will be in a Rural Industrial Zone or an Industrial
District in an unincorporated community and dust control measures
will occur on a continuous basis which will mitigate any adverse
impacts on surrounding properties.
5. Access aisles shall be of sufficient width for all vehicular turning and
maneuvering.
6. Service drives to off-street parking areas shall be designed and constructed
to facilitate the flow of traffic, provide maximum safety of traffic access and
egress and maximum safety of pedestrians and vehicular traffic on the site.
The number of service drives shall be limited to the minimum that will
accommodate and serve the traffic anticipated. Service drives shall be
clearly and permanently marked and defined through the use of rails, fences,
walls, or other barriers or markers. Service drives to drive in establishments
shall be designed to avoid backing movements or other maneuvering within a
street other than an alley.
7. Service drives shall have a minimum vision clearance area formed by the
intersection of the driveway centerline, the street right of way line, and a
straight line joining said lines through points 30 feet from their intersection.
8. Parking spaces along the outer boundaries of a parking area shall be
contained by a curb or bumper rail placed to prevent a motor vehicle from
extending over an abutting lot line or a street right of way.
G. Off -Street Parking Lot Design, All off-street parking lots shall be designed subject to
County standards for stalls and aisles as set forth in the following drawings and
table:
1. For one row of stalls use "C" + "D" as minimum bay width.
2. Public alley width maybe included as part of dimension "D," but all parking
stalls must be on private property, off the public right of way.
3. For estimating available parking area, use 300-325 square feet per vehicle for
stall, aisle and access areas.
4. For large parking lots exceeding 20 stalls, alternate rows may be designed for
compact cars provided that the compact stalls do not exceed 30 percent of
the total required stalls. A compact stall shall be eight feet in width and 17
feet in length with appropriate aisle width.
OFF-STREET PARKING LOT DESIGN
(A) Parking
WStall
(C20'
MyAiste Width-
(EyCurb
(F)-Bay
Angle
Width
Stall
One Way*
Length Per Car
Width
9'-0" 9'-6"
9.0
30.0 31.0
00
12.0 12.0 12.0
22.0 22.0 22.0
10'-0"
9.510.0
32.0
9'-0" 9'-6"
19.8 20.1
52.5 53.3
45°
13.0 13.0 13.0
12.7 13.414.1
10'-0"
20.5
54.0
600
9'-6" 10'-0"
21.2 21.5
18.0 18.0
11.0 11.9
60.4 61.0
9'-0" 9'-6"
21.0 21.2
61.0 60.9
70°
19.0 18.5 18.0
9.6 10.1 10.6
10'-0"
21.2
60.4
9'-0" 9'-6"
20.0 20.0
64.0 64.0
900
24.0 24.0 24.0
9.0 9.5 10.0
10'-0"
20.0
64.0
*24' Minimum for Two -Way Traffic
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-017§1 on 411111990
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §3 on 913011991
Amended by Ord. 93-043 §19 on 812511993
Amended by Ord. 93-063 §2 on 1211511993
Amended by Ord. 96-003 §7 on 3/27/1996
Amended by Ord. 97-078 §6 on 1213111997
Amended by Ord. 2001-044 §4 on 1011012001
Amended by Ord. 2002-015 §2 on 611912002
Amended by Ord. 2003-005 §2 on 31512003
Amended by Ord. 2004-013 §12 on 912112004
Amended by Ord. 2010-018 §1 on 612812010
Amended by Ord. 2020-001 §14 on 412112020
Amended by Ord. 2020-017 §2 on 112912021
Amended by Ord. 2020-018 §2 on 313012021
Amended by Ord. 2025-002 §30 on 312812025
Amended by Ord._2026-006 §10 on 412212026
18.116.095 Recreational Vehicle As A Temporary Dwelling On An Individual Lot Or
Parcel
A. A single recreational vehicle, as defined in DCC Title 18, maybe Located on a lot or
parcel in a manufactured dwelling park, manufactured dwelling subdivision, mobile
home park, or recreational vehicle park, consistent with ORS 197.493(1), provided
that:
1. The recreational vehicle is occupied as a dwelling; and
2. The recreational vehicle is lawfully connected to water and electrical supply
systems and a sewage disposal system.
B. A single recreational vehicle, as defined in DCC Title 18, maybe located on a lot or
parcel not containing a dwelling unit and not within a manufactured dwelling park,
mobile home park, or recreational vehicle park and used as a temporary dwelling:
1. For a period totaling not more than 30 days in any consecutive 60-day period
without obtaining a land use permit from the Deschutes County Planning
Division; or
2. For a total period not to exceed six months in a calendar year by obtaining a
temporary use permit under the terms of DCC 18.116.095 from the
Deschutes County Planning Division. A temporary use permit may be
renewed annually for use of a recreational vehicle under the terms of DCC
18.116.095 on the same lot or parcel.
C. A single recreational vehicle, as defined in DCC Title 18, maybe located on a lot or
parcel containing a manufactured dwelling or single -unit dwelling, where such
dwelling is uninhabitable due to damages from natural disasters, including wildfires,
earthquakes, flooding, or storms until no later than the date:
1. The single -unit dwelling or manufactured dwelling has been repaired or
replaced and an occupancy permit has been issued;
2. The local government makes a determination that the owner of the single -
unit dwelling or manufactured dwelling is unreasonably delaying in
completing repairs or replacing the dwelling; or
3. Twenty-four monthsFive years after the date the single -unit dwelling or
manufactured dwelling first became uninhabitable.
D. In the RR-10 and MUA-10 Zones, a single recreational vehicle, as defined in DCC
Title 18, may be established as a rental dwelling provided the following
requirements are met:
1. Prior to locating any recreational vehicle as a rental dwelling on a lot or
parcel, the property owner must obtain County siting approval for the area of
the lot or parcel upon which the recreational vehicle will be located and
demonstrate compliance with the following standards:
a. The subject lot or parcel contains a single -unit dwelling or
manufactured dwelling that is occupied as the primary residence of
the property owner;
1) As used in this section, "siting approval" includes County
approval and/or property owner application for review of the
proposed area for a recreational vehicle as a rental dwelling;
and
2) As used in this section, "primary residence" means a dwelling
unit occupied by the property owner on a long-term or
permanent basis.
b. The lot area is at least two acres, with the exception of those
unsewered areas between Sunriver and the Klamath County border,
defined as those unincorporated portions of Deschutes County
contained in Townships 19S, 20S, 21S, and 22S and Ranges 9E, 10E
and 11 E. Within these exception areas, the lot area is at least five
acres;
c. There are no other dwelling units, guest houses, or occupied
recreational vehicles on the lot or parcel and no portion of the single -
unit dwelling or manufactured dwelling is rented for residential
tenancy. This prohibition does not apply to a recreational vehicle
under 18.116.095(C).
d. The lot or parcel is not within an area designated as an urban reserve
in the Deschutes County Comprehensive Plan;
e. The recreational vehicle shall maintain a setback of at least 10 feet
from any structure and must be located no farther than 100 feet from
the single -unit dwelling. This distance shalt be measured from the
closest wall of the single -unit dwelling existing on May 7, 2025 to the
closest wall of the recreational vehicle;
f. The property owner will provide essential services to the recreational
vehicle space including:
1) Sewage disposal, listed frost protected water supply, electrical
supply and, if required by applicable law, any drainage system,
all installed with permits and to applicable codes; and
2) Any other service or habitability obligation imposed by the
rental agreement or ORS 90.730 (Landlord duty to maintain
rented space, vacant spaces and common areas in habitable
condition), the tack or violation of which creates a serious
threat to the tenant's health, safety or property or makes the
rented space unfit for occupancy;
g. At the time of application, the property owner must demonstrate an
application has been made to the Onsite Wastewater Division for any
necessary onsite wastewater disposal permits.
h. At the time of application, a letter confirming that the supplier of
water is "Willing and Able to Serve" the recreational vehicle shall be
provided if the recreational vehicle is to be served by any water source
other than an onsite domestic well.
i. At the time of application, the property owner must demonstrate an
application has been made to the Deschutes County Address
Coordinator for an address for the recreational vehicle.
The property owner shall provide a parking pad for the recreational
vehicle with a surface material of compacted gravel with a minimum
thickness of 4", concrete with a minimum thickness of 3.5", or asphalt
with a minimum thickness of 3";
k. If the recreational vehicle will be located within a structure, the
structure shall be entirely open on two or more sides;
L. The property owner shall demonstrate compliance with one of the
following defensible space requirements:
1) The property owner shall maintain a 20-foot radius of non-
combustible ground cover consisting of gravel, concrete,
asphalt, grass mowed to less than four inches, or a
combination of these; or
2) Prior to the siting of a recreational vehicle on the property, the
property owner shall construct and maintain defensible space
and fuel breaks as developed in consultation with local fire
protection service providers who have received training or
certification described in ORS 181A.410. Applicable defensible
space and fuel breaks shall be on land surrounding the
recreational vehicle on land that is owned or controlled by the
owner.
m. The property owner shall demonstrate compliance with one of the
following emergency access requirements:
1) Access to the recreational vehicle must be provided by a
continuous, minimum 12-foot width onsite driveway with an
unobstructed horizontal clearance of not less than 20 feet and
an unobstructed vertical clearance of not less than 13.5 feet,
designed and maintained as follows:
A. Composed of an all-weather surface including asphalt
or concrete; or
B. Designed and maintained to support a minimum gross
vehicle weight (GVW) of 75,000 lbs as certified by a
Professional Engineer, registered in Oregon;
2) The property owner shall provide written confirmation from a
fire protection service provider with professionals who have
received training or certification described in ORS 181A.410,
on a form prepared by Deschutes County, that access to the
recreational vehicle meets minimum fire district requirements
to provide emergency services to the property.
n. Prior to siting any recreational vehicle as a rental dwelling, the
property owner shall sign and record with the County Clerk a
restrictive covenant stating a recreational vehicle allowed under DCC
18.118.095(D) cannot be used for vacation occupancy, as defined in
DCC 18.116.095(D)(1)(n)(i) and consistent with ORS 90.100, or other
short-term uses.
1) "Vacation occupancy" means occupancy in a dwelling unit,
not including transient occupancy in a hotel or motel, that has
all of the following characteristics:
A. The occupant rents the unit for vacation purposes only,
not as a principal residence; and
B. The occupant has a principal residence other than at
the unit; and
C. The period of authorized occupancy does not exceed 45
days.
o. For properties located in the Wildlife Area Combining Zone, a
recreational vehicle approved under this section is subject to the
dwelling siting standards of DCC 18.88.060(B); and
p. For properties located in the Surface Mining Impact Area Combining
Zone, a recreational vehicle approved under this section is subject to
site plan approval pursuant to DCC 18.56.
2. Each recreational vehicle used as a rental dwelling must comply with the
following standards:
a. The recreational vehicle is subject to a written residential rental
agreement as defined in ORS 90.100(39);
b. The recreational vehicle shall be owned or leased by the tenant;
G. The recreational vehicle shall include an operable toilet and sink;
d. The recreational vehicle has not been rendered structurally immobile;
and
e. The recreational vehicle shall be titled with a Department of
Transportation.
E. All necessary permits shall be obtained from the Deschutes County Building Safety
Division before connecting a recreational vehicle to sewer, water and/or electric
utility services.
F. A permit shall be obtained from the Deschutes County Environmental Health
Division before disposing any wastewater or sewage on -site.
G. A recreational vehicle used as a dwelling or temporary dwelling unit shall meet the
same setbacks required of a permanent dwelling on the subject lot or parcel.
H. A recreational vehicle shall be fully licensed and ready for highway use, on its
wheels or jacking system, shall be attached to the site only by quick disconnect type
utilities and security devices, and shall have no permanently attached additions.
I. As identified in this section, a single recreational vehicle located within a special
flood hazard area is subject to the standards and criteria established by DCC 18.96.
HISTORY
Amended by Ord. 91-038 §3 on 9/30/1991
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 98-062 §1 on 12/9/1998
Amended by Ord. 2007-019 §4 on 912812007
Amended by Ord. 2023-001 §16 on 513012023
Amended by Ord. 2025-002 §30 on 3/28/2025
Amended by Ord. 2025-004 §4 on 51712025
Amended_by Ord. 2026-006 §10 on 412212026
18.116.210 Residential Homes And Residential Facilities
A. In any application for a residential home or residential facility, the applicant shall
not be required to supply any information concerning the existence of or the nature
or severity of any handicap (as that term is defined under the Fair Housing Act) of
prospective residents.
B. _Residential homes and facilities shall be permitted pursuant to the standards of
ORS 197.665 and 197.667 respectively, and any a_pDlicable standards of the DCC.
Residential homes and facilities are permitted in the following zones, as
summarized in the following table:
Zone
Residential Home
Residential Facility
Exclusive Farm Use EFU)
Permitted in existing
dwellings. subject to the
Not permitted
standards of ORS
215.296
Multiple Use Agricultural
Permitted
Not_permitted
MUA10
Rural Residential RR10)
Permitted
Not permitted
Rural Service Center -
Permitted subject to the
Permitted conditionally.
Brothers. Hampton,
Millican._Whistlestop.
applicable provisions of
subject to the applicable
DCC 1$_65.030
provisions of DCC
18.65.030
and Wildhunt
Commercial/Mixed Use
Rural Service Center=
Permitted subject to the
Permitted, subject to the
Alfalfa
Commercial/Mixed Use
applicable provisions of
applicable provisions of
DCC 18.65.030
DCC 18.65.030
Rural Service Center -
Permitted, subject to the
Not permitted
Alfalfa Residential
applicable provisions of
DCC 18.65.030
Terrebonne Residential
Permitted, subject to the
Permitted conditionally.
District (TeRI
applicable provisions of
subject to the applicable
DCC 18.66.060
provisions of DCC
18.66.060
Terrebonne Residential -
Permitted, subject to the
Permitted conditionally,
5 Acre Minimum District
applicable provisions of
subject to the applicable.
TeR5
DCC 18.66_.060
provisions of DCC
18.66.060
Terrebonne Commercial
Permitted on a lot or
parcel existing on June 4,
1997._ subject to the
applicable provisions of
Not permitted
District (Ted
DCC 18.66.060
Terrebonne. Commercial -
Permitted on a lot or
parcel existing on June 4
Not permitted
Rural_(TeCR
1997,subject to the
applicable provisions of
DCC 18.66.060
Tumalo Residential
District (TuR�
Permitted, subject to the
Permitted conditionally.
applicable provisions of
subject to the applicable
DCC 18.67.080
provisions of DCC
18.67.080
Tumalo Residential - 5
Permitted, subiect_to the
Not permitted
Acre Minimum District
applicable provisions of
TuR5.
DCC 18.67.080
Tumalo Commercial
Djstric"TuC�
Permitted, subject to the
Not permitted
applicable provisions of
DCC 18.67.080
Deschutes Junction and
Permitted
Not permitted
Deschutes River Woods
Store
Pine Forest and Rosland
Permitted
Not permitted
Sunriver—SbgLe Unit
Residential (RS District)
Permitted, subject to the
Permitted conditionally.
applicable provisions of
subject to the applicable
DCC 18.108.020
provisions of DCC
18.108.020
Sunriver — Multiple Unit
Permitted, subject to the
Permitted, subject to the
Residential RM District
applicable provisions of
applicable provisions of
DCC 18.108.020
DCC 18.108.020 and
consistent with the
standards for multi -unit
dwellings identified in
DCC 18.108.040
Sunriver _- Commerciat�C
Not permitted
Permitted, subject to the
Djstrjct
applicable provisions of
DCC 18.108.020
Sunriver—Town Center
Not permitted
Permitted, subject to the
(TC Districts
applicable provisions of
DCC 18.108.020 and
DCC 18.108.055�E�(1 j
and 2
Sunriver — Resorts
District
Not permitted
Permitted, subject to the
applicable Drovisions of
DCC 18.108.020 and
consistent with the
standards for multi -unit
dwellings dentified in
DCC_18.108.040
Seventh Mountain/Wid i
Creek and Black Butte
Permitted, subject to the
Permitted, subject to site
applicable provisions of
plan review and the
applicable provisions of
Ranch Resort Districts
DCC 18.110.060
DCC 18.110.060
Widgi Greek Residential
District
Permitted, subject to the
Permittedsubject to the
applicable provisions of
applicable provisions of
DCC 18.110.060
DCC 18.110.060
HISTORY
Adopted by Ord. 91-038 §3 on 9/30/1991
Amended by Ord. 2024-008 §15 on 11712025
Amended by Ord. 2026-006 §10 on 4 222/2026
18.116.250 Wireless Telecommunications Facilities
A. Tier 1 Facilities. Wireless telecommunications facilities that do not require aviation
lighting, that utilize natural wood colors or muted tones from amongst colors
approved by Ordinance 97-017, that utilize a radio equipment cabinet or shelter that
is less than 200 square feet in area and less than 10 feet in height, and that meet the
following standards are allowed outright in any zone other than the Exclusive Farm
Use, the Surface Mining Zone, and the Forest Zones and shall not be subject to any
other provision of the zone:
1. Facilities established by co -locating an additional set of antennas on an
existing wireless telecommunications tower or monopole that do not exceed
the County approved height of the tower or monopole. Notwithstanding any
provision of DCC 18.116.250(A), facilities established under DCC
18.116.250(A)(1) are permitted outright in any zoning district.
2. Facilities that make use of existing vertical, lawfully established structures,
including but not limited to power or telephone utility poles or towers,
parking lot or street lighting standards or flagpoles. A pole location in a public
right of way shall not be fenced. Antennas established on an existing vertical
structure shall be installed so that they do not exceed the height of the
existing vertical structure by more than 15 feet. New structures in this
category are limited to equipment shelters that do not require a building
permit. Walk-in equipment shelters shall be set back out of any road right of
way at least 20 feet back from the pole location. Any necessary road right of
way permits shall be obtained from the Deschutes County Road Department.
Equipment cabinets shall be subject only to the road right of way setback
requirements.
3. Facilities that are established by attaching or placing an antenna or set of
antennas on an existing, lawfully established building not designated as an
historic structure, where the antenna array does not exceed the height of the
building by more than 15 feet. All equipment shall be stored inside a building.
4. Facilities that include installation of a new wood monopole that does not
exceed the height limit of the underlying zone, and does not exceed 45 feet in
height. All equipment shall be stored in a building that has a floor area that
does not exceed 200 square feet in area and does not exceed 10 feet in
height. The monopole, and any building, shall be set back from abutting lot
lines according to the setbacks of the underlying zone. Any microwave dishes
installed on the monopole shall not exceed a diameter of four feet. No more
than two dishes shall be installed on a monopole or tower. The perimeter of a
lease area for a facility established under DCC 18.116.250(A)(4) shall be
landscaped with shrubs eight feet in height and planted a maximum of 24
inches on center.
B. Tier 2 Facilities. Wireless telecommunications facilities that do not require aviation
lighting, that utilize a wood monopole for supporting antennas and/or microwave
dishes and that meet the criteria in DCC 18.116.250 are allowed outright, subject to
site plan review under DCC 18.116.250(B) (and not DCC 18.124.060) in the following
zones: La Pine Commercial District (LPCD), La Pine Industrial District (LPID), Rural
Industrial (RI), Rural Service Center (RSC), Rural Service Center-Wickiup Junction
(RSC-WJ), Terrebonne Commercial District (TeC), and Tumalo Commercial District
(TuC). Lattice towers or metal monopoles are not permitted with a Tier 2 facility.
1. An application for site plan review for a Tier 2 wireless telecommunications
facility shall meet the following criteria:
a. Maximum Monopole Height. In the LPCD, LPID, RSC, RSC-WJ, TeC,
and TuC zones, the maximum height of a monopole, including
antennas and microwave dishes for a wireless telecommunications
facility shall be 60 feet from finished grade. In the RI Zone, the
maximum height of a monopole, including antennas and microwave
dishes, for a wireless telecommunications facility shall be 75 feet
from finished grade.
b. Setbacks. All equipment shelters shall beset back from lot lines
according to the required setbacks of the underlying zone. A
monopole shall beset back from any adjacent dwelling unit a
distance equal to the height of the monopole, including antennas and
microwave dishes, from finished grade, or according to the setbacks
of the underlying zone, whichever is greater.
c. Shelters. Any equipment shelter shall be finished with natural
aggregate materials or from colors approved with Ordinance 97-017.
d. Landscaping. The perimeter of a lease area shall be landscaped with
plant materials appropriate for its location. The lessee shall
continuously maintain all installed landscaping and any existing
landscaping used to screen a facility.
e. Cabinets. Any equipment cabinets shall be finished with colors from
amongst those colors approved with Ordinance 97-063. Such colors
shall be non -reflective and neutral.
f. Fences. A sight -obscuring fence, as defined by DCC Title 18, shall be
installed around the perimeter of the lease area. The sight obscuring
fence shall surround the monopole and the equipment shelter.
C. Tier 3 Facilities. Wireless telecommunications facilities (or their equivalent uses
described in the EFU, Forest, and SM Zones) not qualifying as either a Tier 1 or 2
facility may be approved in all zones, subject to the applicable criteria set forth in
DCC 18.128.330 and 18.128.340.
1. A request for a written determination from the County as to whether a
proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 shall be
submitted to the County in writing and accompanied by a site plan and
proposed schematics of the facility. If the County can issue a written
determination without exercising discretion or by making a land use decision
as defined under ORS 197.015(10), the County shall respond to the request
in writing.
2A request for a written determination from the County as to whether a
proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 that involves
exercising discretion or making a land use decision shall be submitted and
acted upon as a request for a declaratory ruling under DCC 22.40.
D. Spectrum Act Eligible Facilities Requests.
1. All eligible facility reviews submitted in accordance with the Spectrum Act,
Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47
U.S.C._§14Wa), shall be reviewed under the standards_ listed therein.
2. If the Count determines that a proposed collocation or modification of an
existing -tower or base station will substantially- chan e the_ph sv ical
dimensions of such tower or base station, the Spectrum Act is inapplicable
and this subsection (D) shall not apply.Such an application will be reviewed
pursuant to DCC 18.116.250(A). (B) or (C) as a Land use action pursuant to
DCC Title 22.
HISTORY
Adopted by Ord. 97-017 §7 on 311211997
Amended by Ord. 97-063 §1 on 1111211997
Amended by Ord. 2000-019 §1 on 91612000
Amended by Ord. 2010-011 §1 on 611612010
Amended by Ord. 2025-002 §30 on 312812025
Amended by Ord. 2026-006 §10 on 4l2212026
18.116.290 Amateur Radio Facilities
A. Amateur radio facilities shall meet the following criteria:
1. Antenna support structures, including guy wires and anchors shall be
Located outside of the required front, rear, and side setback areas;
2. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or
matte gray in color;
3. Amateur radio facilities shall not include attached signage, symbols, or
decorations, lighted or otherwise, other than required unlighted signage for
safety or regulatory purposes;
4. The property owner shall obtain a valid building permit if required from the
Deschutes County Community Development Department, Building Safety
Division;
5. The height of amateur radio facilities shalt be excepted from that of the
underlying zoning district in accordance with B and C below, unless located
in the AS, AD, or LM zones per DCC 18.120.040(A)(-175).
B. Amateur radio facilities up to 70 feet in height are allowed outright in any zone as an
accessory use if the provisions of subsection (A) and (B)(1) are otherwise met.
1. FCC License. The property owner shall obtain a current, valid FCC Amateur
Radio License for the operation of amateur ("Ham") radio services in the
name of the property owner.
C. Amateur radio facilities over 70 feet in height, up to 200 feet maximum height, are
subject to the requirements under subsection (A) and (C)(1)(2), and any conditions
of land use approval
1. Compliance with Federal and State Regulations
a. The property owner shalt demonstrate compliance with applicable
Federal Communications Commission (FCC), Federal Aviation
Administration (FAA), and Oregon Department of Aviation (ODA)
restrictions if applicable by submitting copies of the FCC's, FAA's, and
ODA's written determination to the Deschutes County Community
Development Department.
2. FCC License
a. The property owner shall provide documentation of a current, valid
FCC Amateur Radio License for the operation of amateur ("Ham")
radio services in the name of property owner.
b. Compliance maybe demonstrated by submitting a copy of the
property owner's Amateur Radio License to the Deschutes County
Community Development Department.
Adopted by Ord. 2008-007§2 on 811812008
Amended by Ord. 2023-004 §1 on 513012023
Amended by Ord. 2025-002 §30 on 312812025
Amended by Ord. 2026-006 §10 on 412212026
Exhibit K
CHAPTER 18.128 CONDITIONAL USE
18.128.010 Operation
18.128.015 Generat Standards Governing Conditional Uses
18.128.020 Conditions
18.128.030 Performance Bond
18.128.040 Specific Use Standards.
18.128.050 Airports, Aircraft Landing Fields Aircraft Charter, Rental, Service Maintenance
Facilities Not Located In The A-D Zone
18.128.060Automobile Wrecking Yard Or Junkyard
18.128.070 Cemeteries
18.128.080 Hospital, Nursing Home, Convalescent Home, Retirement Home
18.128.090 Religious Institutions, Medical Clinic, Veterinary Clinic, Ctub, Lodge, Et Al
18.128.100 Dom Pounds And Kennels
18.128.110 Home Occupations (Repealed
18.128.120 Disposal Site
18.128.130 Commercial Use Or Accessory Use Not Wholly Enclosed Within A Building, Or
A Retail Establishment, Office, Service Commercial Establishment, Et At
18.128.140 Commercial Amusement Establishment
18.128,150 Manufactured Dwelling Park
18.128.160 Multi -Unit Dwelling Complex
18.128.170 Recreational Vehicle Park
18.128.180 Radio, Television Tower, Utitity Station Or Substation
18.128.190 Schools
18.128.200 Cluster Development (Single -Unit Dwelling Uses Only)
18.128.210 Planned Development
18.128.220 Planned Communities
18.128.230 Dude Ranches
18.128.240 Shopping Complex
18.128.250 High -Temperature Geothermal Wells And Small -Scale Geothermal Energ
Facilities
18.128.260 Hydroetectric Facilities
18.128.270 Fill Or Removal - Gene rat/Discretionary Standards
18.128.271 Fill Or Removal - Clear And Objective Standards Pursuant To DCC 22.08.040
18 128.280 Surface Mining Of Non -Goal 5 Mineral And Aggregate Resources
18.128.290 Storage. Crushing And Processing Of Minerals In Conjunction With The
Maintenance Or Construction Of Public Roads Or Highways
18.128.300 Mioi-Storage Facility
18.128.310 Bed And Breakfast Inn
18.128.320 Campgrounds
18.128.330 Microwave And Radio Communication Towers In The SM Zone
18.128.340 Wireless Telecommunications Facilities
18.128.350 Guest Lodge
18.128.360 Guest Ranch
18.128.370 Time -Share Unit
18.128.380 Procedure For Taking Action On Conditional Use Application
18.128.390 Time Limit On A Permit For A Conditional Use
18.128.400 Occupancy Permit
18.128.410 Time -Share Unit (Repeal_ ed�
18 128.420 Building Permit For An Approved Conditional Use
18.128.170 Recreational Vehicle Park
A recreational vehicle park shall conform to state standards in effect at the time of
construction, or in the case of pre-existing parks in the MUA-10 and RR-10 zone, at the time
of permitting under DCC 18.128.170, and the following conditions:
A. The space provided for each recreational vehicle shall be not less than 700 square
feet exclusive of any space used for common areas such as roadways, general use
structures, walkways, parking spaces for vehicles other than recreational vehicles,
and landscaped areas.
B. Roadways shall be not less than 30 feet in width if parking is permitted on the
margin of the roadway, or not less than 20 feet in width if parking is not permitted on
the edge of the roadway and shall be paved with asphalt, concrete, or similar
impervious surface and designed to permit easy access to each recreational vehicle
space.
C. A space provided for a recreational vehicle shall be covered with crushed gravel or
paved with asphalt, concrete, or similar material and be designed to provide for the
control of runoff of surface water. The part of the space which is not occupied by the
recreational vehicle, not intended as an access way to the recreational vehicle or
part of an outdoor patio, need not be paved or covered with gravel provided the area
is landscaped or otherwise treated to prevent dust or mud.
D. A recreational vehicle space shall be provided with piped potable water and sewage
disposal service. A recreational vehicle staying in the park shall be connected to the
water and sewage service provided by the park if the vehicle has equipment needing
such service.
E. A recreational vehicle space shall be provided with electrical service.
F. Trash receptacles for the disposal of solid waste materials shall be provided in
convenient locations for the use of guests of the park and located in such number
and of such capacity that there is no uncovered accumulation of trash at anytime.
i-FG. The total number of parking spaces in the park, except for the parking
provided for the exclusive use of the manager or employees of the park, shall be one
space per recreational vehicle space. Parking spaces shalt be covered with crushed
gravel or paved with asphalt, concrete or similar material.
H. The park shall provide toilets, lavatories and showers for each sex in the
following ratios: For each 15 recreational vehicle spaces or any fraction thereof, one
toilet, one urinal, one lavatory and one shower for men; two toilets, one lavatory and
one shower for women. The toilets and showers shall afford privacy and the
showers shall be provided with private dressing rooms. Facilities for each sex shall
be located in separate buildings, or, if in the same building, shall be separated by a
soundproof wall.
ki. The park shall provide one utility building or room containing one clothes washing
machine, one clothes drying machine and 15 square feet of space for clothes drying
lines for each 10 recreational vehicle spaces or any fraction thereof, unless such
facilities are available within a distance of three mites and are adequate to meet
these standards.
iF:1. Building spaces required by DCC 18.128.170(H+) and (I4) shalt be lighted at all times
of night and day, shall be ventilated, shall be provided with heating facilities which
shall maintain a room temperature of 68 degrees Fahrenheit, shalt have floors of
waterproof material, shall have sanitary ceiling, floor and wall surfaces and shalt be
provided with floor drains adequate to permit easy cleaning.
L:K. Except for the access roadway into the park, the park shall be screened on all
sides by a sight -obscuring fence not less than six feet in height, unless otherwise
approved by the Planning Director or Hearings Body.
M-.L. A neat appearance shall be maintained at all times. Except for vehicles, there
shall be no outside storage of materials or equipment belonging to the park or to any
guest of the park.
Nd.M. Evidence shall be provided that the park will be eligible for a certificate of
sanitation as required by state law.
N. Access to the recreational vehicle park shall be from an arterial or collector
street.
P:O. When expanding a recreational vehicle park with additional recreational
vehicle or manufactured dwelling spaces in the MUA-10 or RRA 0 zone, the park
shall satisfy all of the criteria of DCC 18.128.150 and 18.128.170 as applicable, as
to the existing developed areas as well as in the expansion area.
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 on 9/30/1991
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2009-018 §4 on 111512009
Amended by Ord. 2025-002 §33 on 312812025
Amended by Ord. 2026-006 §11 on 412212026
Exhibit L
19.04.010 Title
19.04.020 Com 1p iance With Title Provisions
19.040.025(Repeale-0
19.04.030 Applicability
19.04.040 Definitions
19.04.040 Definitions
As used in DCC Title 19, words in the present tense include the future; the singular number
includes the plural and the plural number includes the singular; unless the context clearly
indicates the contrary, the word "shall" is mandatory and not discretionary; the word "may"
is permissive; the masculine gender includes the feminine and neuter; and the term "this
title" shall be deemed to include the text of this title and accompanying zoning maps and
all amendments hereafter made thereto. As used in this title, unless the context requires
otherwise, the following words and phrases shall be defined as set forth in DCC 19.04.040,
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 19.04.040 and the definitions of the same words
and phrases in applicable ORS and/or OAR, the definitions in ORS and/or OAR shall prevail.
"Abut or Abutting" means contiguous, touching, adjoining, or connected at one or more
points.
"Access corridor" means a separate travel way for pedestrians and bicyclists to minimize
travel distances within and between subdivisions, planned unit developments, residential
areas and commercial centers, major employment areas, transit stops, or within and
between nearby neighborhood activity centers such as schools, parks, and convenience
shopping.
"Access or access way" means the place, means or way by which pedestrians and vehicles
shalt have safe, adequate and usable ingress and egress to, through or past a property or
use as required by DCC Title 19.
"Accessory structure" means a structure that is incidental and subordinate to another
lawfully established structure or lawfully established use on the same tot or parcel.
"Accessory use" means a use that is incidental and subordinate to another lawfully
established use on the same lot or parcel. Accessory uses include dritlingfor, and
utilization of, low -temperature geothermal fluid in conjunction with the main use of the
property.
"Aircraft" means any vehicle designed or used for flight through the air and capable of
carrying goods or people.
"Airport" means any area of land or water which is used or intended to be used for the
landing and taking off of aircraft, and including appurtenant areas, buildings or facilities.
"Alley" means a public way not more than 20 feet wide affording only secondary means of
access to abutting property.
"Altered." See "Structural Alteration."
"Animal hospital" means a place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use as a kennel shall be
limited to short -time boarding and shall be only incidental to such hospital use.
"Apartment" means a dwelling unit in a multiple -unit dwelling.
"Applicant." A person applying for a permit, rezoning or nonlegislative comprehensive plan
change.
"Application for land use permit." A written application requesting a change in zoning,
conditional and nonconforming uses, variances, subdivisions and matters relating to the
comprehensive plan and amendments to the plan. Also included are partitions, building
permits, and subsurface sewage permits.
"Area of special flood hazard" means the land in the floodplain within Bend subject to a one
percent or greater chance of flooding in any given year. Designation on maps always
includes the letters A or V.
"Assessor" means the County Assessor of Deschutes County.
"Attached", with respect to dwelling units, means a dwelling unit attached to another
dwelling unit by a shared wall, ceiling, or floor. Such a shared wall, ceiling, or floor must
enclose interior space of at least one other dwelling unit and may include the walls of
attached garages.
"Attached", with respect to all structures, means a structure on an individual lot or parcel
that is structurally connected to another structure of any type.
"Automobile, boat or trailer sales lot" means an open lot or parcel used for display, sales or
rental of new or used motor vehicles, boats or trailers in operative condition and where no
repair work is done.
"Automobile repair, major" means the general repair, rebuilding or reconditioning of
engines, motor vehicles or trailers; collision service, including body, frame or fender
straightening or repairs; or overall painting or paint shop.
"Automobile repair, minor" means upholstering of, replacement of parts for and motor
service to passenger cars and trucks not exceeding one and one-half tons capacity, but not
including any operation named under Automobile repair, major" or any other similar
operation thereto.
"Automobile service station or filling station" means an establishment where bulk sales,
fuels, oils, or accessories for motorvehicles are dispensed, sold or offered for sale at retail
only, and where repair service is secondary.
"Automobile towing" means an establishment where emergency -towing equipment is kept
along with incidental, temporary and minor storage of vehicles and emergency repairs.
"Automobile wrecking" means the dismantling or disassembling of motor vehicles or
trailers, or the storage, sate, or dumping of dismantled, partially dismantled, obsolete, or
wrecked vehicles or their parts. Two or more dismantled, obsolete or inoperable motor
vehicles or parts thereof exposed to the public on one lot or parcel shalt constitute a
wreckingyard.
"Babysitter" means a person who provides day care services for children in the home of the
babysitter for not more than five children for eight or more hours in a 24-hour period as a
home occupation.
"Bank -full stage" means the elevation at which water overflows the natural banks of a
stream, river or lake and begins to inundate the upland. In the absence of physical
evidence, the two-year reoccurrence interval flood elevation may be used to approximate
bank -full stage.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in
any given year. Also referred to as the 100-Year Flood." Designation on maps always
includes the letters A or V.
"Basement" means any area of a building having its floor subgrade (below ground level) on
all sides.
"Bath, full bath" means a bathroom that contains a toilet, sink, and one or more of the
following: a shower, bathtub, and/or steam shower.
"Bath, half bath" means a bathroom that contains a toilet and a sink, but not one or more
of the following: a shower, bathtub, and/or steam shower.
"Bed and breakfast inn" means a single -unit dwelling where lodging and meals are
provided, for compensation, in which no more than two guest rooms are provided for no
more than six travelers or transient guests. A guest shall not rent for a time period longer
than 15 consecutive nights.
"Bed or banks of stream or river" means the physical container of the waters of a stream or
river lying below bank -full stage, and the land 10 feet on either side of the container.
"Bend urban area" means the adopted Bend Urban Growth Boundary that is shown on the
Deschutes County Comprehensive Plan Map as Urban Area Reserve.
"Bicycle" as used in Title 18 has the meaning given in ORS 801.
"Bicycle facility" means any public or private improvements to accommodate and
encourage bicycling, including bikeways and bike parking racks, spaces, and structures.
"Bikeway" means any road, path, or way open to bicycle travel regardless of whether such
facilities are designated for the preferential use of bicycles or are to be shared with other
transportation modes.
"Board." See "County Commission."
"Boarding or lodging house" means a dwelling unit or part thereof, other than a hotel or
motel or multi -unit dwelling, where lodging with or without meals is provided, for
compensation, for three or more persons.
"Boat dock or pier, community" means a personal use boating structure built over or
floating upon the water of a take, river, or stream which serves more than one property
owner for the mooring of boats or as a landing place for marine transport, and having a
surface area of 320 square feet or less.
"Boat dock or pier, individual" means a personal use boating structure built over or floating
upon the water of a lake, river, or stream which serves one property owner for the mooring
of boats or as a landing place for marine transport, and having a surface area of 160 square
feet or less.
"Boat house" means a covered or enclosed structure designed to provide moorage and/or
storage for recreational or commercial marine transport and built over or floating upon a
lake, river, or stream.
"Boat slip" means an area of bank or shore where soil or other material is excavated to a
level at or below the level of the waters of an abutting lake, river, or stream, to allow the
mooring or landing of marine transport within the excavated area.
"Boat yard" means a place where boats are constructed, dismantled, stored, serviced, or
repaired including maintenance work thereon.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
"Building line" means a line parallel to the lot line and passing through the most forward
point of plane of a building.
"Building lot" means a lot or parcel occupied or intended to be occupied by a primary
building or a group of such buildings and accessory buildings, together with such open
spaces as are required by DCC Title 19, and having the required frontage on a street and
setbacks.
"Building, main" means a building within which is conducted the primary use permitted on
the lot or parcel as provided in DCC Title 19.
"Building official" means the Building Official of Deschutes County, Oregon.
"Bulk distribution plant" means a facility for the storage of fuels or other volatile products
and for their distribution to retail sales facilities or other bulk purchasers, regardless of
ownership.
"Cannabinoid" means any of the chemical compounds that are the active constituents of
marijuana.
"Cannabinoid concentrate" means a substance obtained by separating cannabinoids from
marijuana by a mechanical extraction process; a chemical extraction process using a
nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils,
animal fats, isopropyl alcohol, or ethanol; a chemical extraction process using the
hydrocarbon -based solvent carbon dioxide, provided that the process does not involve the
use of high heat or pressure; or any other process identified by the Oregon Liquor Control
Commission, in consultation with the Oregon Health Authority, by rule.
"Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate,
cannabinoid extract, or dried marijuana leaves or flowers have been incorporated.
"Cannabinoid extract" means a substance obtained by separating cannabinoids from
marijuana by a chemical extraction process using a hydrocarbon -based solvent, such as
butane, hexane or propane; a chemical extraction process using the hydrocarbon -based
solvent carbon dioxide, if the process uses high heat or pressure; or any other process
identified by the Oregon Liquor Control Commission, in consultation with the Oregon
Health Authority, by rule.
"Cannabinoid product" means a cannabinoid edible and any other product intended for
human consumption or use, including a product intended to be applied to the skin or hair,
that contains cannabinoids or dried marijuana leaves or flowers. Cannabinoid product
does not include usable marijuana by itself, a cannabinoid concentrate by itself, a
cannabinoid extract by itself, or industrial hemp as defined in Oregon Revised Statutes
571.300.
"Car wash" means a lot or parcel on which motor vehicles are washed or waxed either by
the patron or others, using machinery specially designed for the purpose.
"Child care facility" as used in DCC Title 19 is defined in ORS 329A.
"Church" (Repealed 2020-001 §17, 2020)
"City" means the City of Bend, Oregon, including the following: City Commission, City
Engineer, City Manager, and City Recorder -Treasurer.
"Clinic" means a place for group medical services not involving overnight housing of
patients.
"Club" means an association of persons (whether or not incorporated), religious or
otherwise, for a common purpose, but not including groups which are organized primarily
to render a service carried on as a business for profit.
"Color guide" means the paint examples maintained by the County which show acceptable
colors for use on buildings, structures and signs including examples of prohibited and
restricted colors.
"Community building" means a building used for and operated by a nonprofit organization
whose membership is open to any resident of the zone, neighborhood, or community in
which the club is located; provided that the primary objectives of the organization are the
improvement of the zone, neighborhood or community and its social welfare and
recreation.
"Community sewage system" means an onsite system that serves more than one lot or
parcel, more than one condominium unit, or more than one unit of a planned unit
development.
"Community storage area" means a facility established in accordance with City and/or
County standards, designed to provide for the temporary or permanent storage of boats,
campers, trailers and similar recreational vehicles or equipment, and serving two or more
unrelated persons.
"Community water system" a public water system that has 15 or more service connections
used by year-round residents, or that regularly serves 25 or more year round residents.
"Comprehensive plan" means the duly adopted Bend Area General Plan.
"Comprehensive Sign Plan" means a sign plan for one or more properties in a commercial
center or business complex showing all locations of proposed signage for business
tenants, retail stores, services, offices, and other establishments that perform services on
the premises.
"Condominium" shall have the meaning set forth in ORS 100.
"Conduit" means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar man-made
structure which is or may be used to convey water.
"Conservation easement" means a nonpossessory interest in real property conveyed by the
property owner to the County, imposing limitations or affirmative obligations concerning
the use of the property. The purposes of a conservation easement include, but are not
Limited to, retaining or protecting natural, scenic or open space values, public access,
protecting natural resources, maintaining or enhancing air and water quality, and
preserving the historical, archaeological, or cultural aspects of the property.
"Contested case" means proceedings in which the legal rights, duties or privileges of
specific parties under the County zoning ordinance, subdivision ordinance or other similar
ordinances regulating land use are required to be determined only after public input and/or
a hearing at which specific parties are entitled to appear and be heard.
"Contiguous land" means lots or parcels of land under the same ownership which abut
each other.
"County" means Deschutes County, Oregon.
"County Commission" means the Deschutes County Board of Commissioners.
"Court" means an open, unoccupied space, other than a setback area, on the same tot or
parcel with a building or group of buildings.
"Curb level" means the level of the established curb in front of the building measured at the
center of such front. Where no curb has been established, the County Engineer shall
establish such level or its equivalent.
"Dam" means any man-made structure which is or may be used to impound water.
"Day care center or facility" see "child care facility".
"Density" means the number of residential dwelling units per acre of land or the amount of
Land area expressed in square feet of land assignable to each dwelling unit in a residential
development, including, but not limited to, one house on one lot or parcel, shall be
computed as follows: the gross area of land within the development; less the total
aggregate area dedicated for streets, private parks and recreation facilities dedicated or
created as an integral part of the development; divided by the total number of dwelling
units in the proposed development; equals the density. Density shall run with the land in a
specific development and cannot be sold, loaned or otherwise divorced or separated from
the specific development under consideration.
"Deschutes River corridor" means all property within 100 feet of the ordinary high water
mark of the Deschutes River. The ordinary high water mark shall be as defined in DCC
19.04.040.
"Destination resort" means a self-contained development that provides for visitor -oriented
accommodations and developed recreational facilities in a setting with high natural
amenities. To qualify as a "large destination resort" under Goal 8, a proposed development
must meet the following standards:
A. The resort is located on a site of 160 or more acres;
B. At least 50 percent of the site is dedicated to permanent open space, excluding
setback areas, streets, and parking areas;
C. A least $7 million (in 1993 dollars) shall be spent on improvements for on -site
developed recreational facilities and visitor -oriented accommodations exclusive of
costs for land, sewer and water facilities and roads. Not less than one-third of this
amount shalt be spent on developed recreational facilities, and;
D. Visitor -oriented accommodations are provided, including meeting rooms,
restaurants with seatingfor 100 persons and 150 separate rentable units for
overnight lodgings. Accommodations available for residential use shall not exceed
two and one-half such units for each unit of overnight lodging. However, the
overnight lodging units may be phased in as follows:
1. A total of 150 units of visitor -oriented overnight lodging shalt be provided as
follows:
a) At least 50 units of overnight lodging must be constructed prior to the
closure of sale of individual lots, parcels, or units, and;
b) At least 50 of the remaining 100 required overnight lodging units must
be constructed or guaranteed through surety bonding or equivalent
financial assurance within five years of the initial lot or parcel sales.
c) The remaining required overnight lodging units must be constructed
or guaranteed through surety bonding or equivalent financial
assurances within 10 years of the initial lot or parcel sales.
2. The number of units approved for residential sale within the resort shall be
not more than two and one-half units for each unit of permanent overnight
lodging constructed or financially assured, and;
3. If the developer of a resort guarantees the overnight lodging units required
under subparagraphs (C) and (D) of this paragraph through surety bonding or
other equivalent financial assurance, the overnight lodging units must be
constructed within four years of the date of execution of the surety bond or
other equivalent financial assurance.
E. Commercial uses allowed are limited to those types and levels necessary to meet
the needs of visitors to the development. Industrial uses of any kind are not
permitted.
"Detached", with respect to structures, means a structure on an individual lot or parcel
that is freestanding and structurally separated from other structures.
"Development" means any change to a site, lot, or parcel, including buildings, placement
or replacement of any structures, parking and loading areas, landscaping, paved or
graveled areas, grading or fill, mining, and areas devoted to exterior display, advertisement,
storage, or activities. Development includes improved open areas such as plazas and
walkways, but does not include natural geologic forms or landscapes. Development
includes partitions and subdivisions.
"Development, flood -plain", for the purpose of flood standards, means any man-made
change to an improved or unimproved site, lot, or parcel, including, but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining, dredging, filling, paving,
excavation or drilling operations.
"Districts," when used herein, shall refer to zones, unless obviously to the contrary.
"Diversion" means any man-made structure which is or may be used to deflect or divert
water from a river or stream into a conduit.
"Driveway" means an area of land intended for vehicular ingress and egress to a site,
extending into the site, lot, or parcel from a road, street, or right of way.
"Dude ranch" means a ranch operated wholly or in part as a resort offering horse -back
riding and related activities as outdoor recreation opportunities and offering only
temporary rental accommodations for vacation use by nonresidents.
"Dwelling unit" means a building or portion thereof providing living facilities for one or more
persons living together, including provisions for sleeping, cooking, and sanitation. Cooking
facilities shall be limited to one kitchen and sanitation facilities shall include at least one
full bath. All areas shall have an enclosed and unobstructed way of travel within the
dwelling unit to all other areas within the dwelling unit. With the exclusion of bedrooms, all
areas within the dwelling unit shall be shared in common.
A. "Duplex" means two attached dwelling units on an individual lot or parcel.
B. "Dwelling unit, accessory" shall have the meaning set forth in DCC 19.92.160(A).
C. "Dwelling unit, historic accessory" shall have the meaning set forth in DCC
19.92.150(A).
D. "Dwelling, manufactured" shall have the meaning set forth in ORS 446.003. As used
in DCC Title 19, "manufactured home" shall by synonymous with "manufactured
dwelling" as defined herein.
E. "Dwelling, multi -unit" means a building that consists of three or more attached
dwelling units on an individual lot or parcel.
F. "Dwelling, multi -family" means a "multi -unit dwelling" as defined herein.
G. "Dwelling, single -unit" means a detached dwelling unit on an individual lot or
parcel.
H. "Dwelling, single-family" means a "single -unit dwelling" as defined herein.
I. "Dwelling, seasonal" means a single -unit dwelling, including a manufactured
dwelling, travel trailer, or camping vehicle, designed for and used as a temporary
dwelling for recreational or seasonal purposes only.
J. "Dwelling Unit, Zero Lot Line" means dwelling units which are constructed with a
zero side setback.
K. "Townhouse" means a dwelling unit that is part of a row of two or more attached
dwelling units, where each unit is located on an individual lot or parcel.
L. "Two-family dwelling" means a "duplex" as defined herein.
"Easement" means a grant of the right to use a lot or parcel of land or portion thereof for
specific purposes where ownership of the land or portion thereof is not transferred.
"Eave" means a projecting overhang four feet or less at the lower border of a roof and
extending from a wall or support.
"Exempt vegetation" means a tree or other plant that is shown by the sun chart
accompanying a solar access permit application to cast existing shade on a protected
area.
"Existing" means existing at the time of application.
"Exterior modification" means a change in the exterior structure of a building that
significantly alters the appearance of any side of a building, including a change of color.
"Family child care provider" means a child care provider who regularly provides child care
in the home of the provider to not more than 16 children, including children of the provider,
regardless of full-time or part-time status.
"Farm use" means the current employment of land, including that portion of such lands
under buildings supporting accepted farming practices, for the purpose of obtaining a
profit in money by raising, harvesting and selling crops, or by the feeding, breeding,
management and sale of, or the produce of, livestock, poultry, fur -bearing animals or honey
bees, or for dairying and the sale of dairy products, or any other agricultural or horticultural
use or animal husbandry, or any combination thereof. "Farm use" includes the preparation
and storage of the products raised on such land for human and animal use, and disposal by
marketing or otherwise. It does not include the use of the land subject to the provisions of
ORS 321, or to the construction and use of dwellings customarily provided in conjunction
with the farm use. "Current employment" of land for farm use includes:
A. Land subject to the soil -bank provisions of the Federal Agricultural Act of 1956, as
amended (R L. 85-540, 70 Stat. 188);
B. Land lying fallow for one year as a normal and regular requirement of good
agricultural husbandry; and
C. Land planted in orchards or other perennials prior to maturity.
As used in this DCC 19.04.040, "accepted farming practice" means a mode of operation
that is common to farms of a similar nature, necessary for the operation of such farms to
obtain a profit in money, and customarily utilized in conjunction with farm use.
Any structure, pen, or corral wherein cattle, horses, sheep, goats, swine, or other similar
animals are maintained in close quarters for the purpose of fattening such livestock for
final shipment to market or for breeding is a farm use.
"Fence, sight obscuring" means a continuous fence, wall, evergreen planting, or
combination thereof constructed and/or planted to effectively screen a particular use from
view.
"Fill", as used in the context of takes, rivers, streams, floodplains, wetlands, or riparian
areas, means:
A. The deposit by artificial means of material within any lake, river, stream, floodplain,
wetland, or riparian area.
B. Fill includes any excavation or grading within any take, river, stream, floodplain,
wetland, or riparian area.
C. Fill does not include shall not include practices that constitute accepted farming
practices as defined in ORS chapter 215.
"Fish passage device" means any man-made structure which is or may be used to enable
fish to pass over a dam to move upstream.
"Fish protection device" means any man-made structure, such as a fish screen, which is or
may be used to prevent fish from entering into or passing through conduits, penstocks and
other water conducting structures or devices connected to a hydroelectric facility.
"Flood or flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation of runoff surface waters from any source.
"Flood hazard area" means the relatively flat area or lowland abutting the channel of a river,
stream, other watercourse, lake, or reservoir which has been or may be covered by a base
flood.
"Flood Insurance Rate Map" (FIRM) is the official map on which the United States Federal
Insurance Administration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community. The FIRM is adopted by reference in
Ordinance No. 2007-019.
"Flood Insurance Study" is the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the
water surface elevation of the base flood condition of partial or complete inundation of
normally dry land areas. The Study is adopted by reference in Ordinance No. 2007-019.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
"Floor area" means the area measured in square feet of horizontal space intended to be a
floored surface contained within a building or portion thereof, measured inside of the
external walls, including stab -on -grade and exclusive of vent shafts, courts, and
basements. When calculating floor area, stairs are counted once unless the area under the
stairs is part of the dwelling unit's floor plan, in which case the stairs are counted twice.
Portions of the floor area with a sloped ceiling measuring less than five feet from the
finished floor to the finished ceiling are not considered as contributing to the floor area.
"Frontage, river" means that portion of a lot or parcel abutting a river, stream, or lake.
"Frontage, street" means the length of a lot line that directly abuts or borders a right of way.
"Garage, private" means an accessory building or portion of a main building used for the
parking or temporary storage of vehicles owned or used by occupants of the main building.
"Garage, public" means a building other than a private garage used for the care and repair
of motor vehicles or where such vehicles are parked or stored for compensation, hire or
sale.
"Grade" means the elevation of the ground surface. Grade is further defined as:
A. "Grade, average", for the purposes of calculating structural height, shall be the
average of two points which shalt be the highest finished grade abutting a structure
and the lowest finished grade abutting the structure.
B. "Grade, existing" means the existing elevation of the ground surface prior to grading,
compaction, placement of fill, and/or the excavation or removal of earth from the lot
or parcel.
C. "Grade, finished" means the final elevation of the ground surface following all
grading, compaction, placement of fill, and/or the excavation or removal of earth
from the tot or parcel.
D. For the purposes of roads, streets, rights of way, or slopes, "grade" shall mean the
degree of inclination.
"Ground mounted sign," in the Bend Urban Area, a "Ground mounted sign" means a
freestanding sign that has a solid base which is directly and continuously connected to the
sign face for at least 50 percent of the sign face width or is borne by supports less than or
equal to 24" in height as measured from grade to the sign face.
"Guesthouse" means living quarters within a detached accessory building located on the
same lot or parcel as a dwelling unit for use by temporary guests of the occupants of the
main premises, or for members of the same family as that occupying the main structure,
not rented or otherwise used as a separate dwelling unit. A guesthouse shall contain no
kitchen.
"Hearings Body" means Ranning Hearings Officer, County Planning
Commission, County Legal Counsel} and County Board of Commissioners.
"Hearing, initial" is a quasi-judicial hearing authorized and conducted by the Hearings
Officer or County Planning Commission to determine if a change or permit shall be granted
or denied.
"Hearings Officer" means a planning and zoning Hearings Officer appointed or designated
by the County Commission pursuant to ORS 227.165 or, in the absence of such appointed
Hearings Officer, the County Planning Commission} or City Council.
"Height " as it pertains to structures, means the vertical distance from average grade to the
highest point of the structure.
"Highest shade producing point" means the highest shade producing point of the structure
two hours before and after the solar zenith on December 21.
"Home occupation" means a use conducted entirely within a dwelling unit, which use is
clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and
with the conditions of DCC 19.88.140.
"Hospital" means any institution, place, building or agency which maintains and operates
organized facilities for 20 or more persons for the diagnosis, care and treatment of human
illness, including convalescence and care during and after pregnancy, or which maintains
and operates organized facilities for any such purpose, and to which persons may be
admitted for overnight stay or for a longer period.
"Hotel" means a building or portion thereof with more than five sleeping rooms designed or
used for occupancy of individuals who are lodged, with or without meals, and in which no
provision is made for cooking in any individual room or suite.
"Human resource facility" means a facility under the control of and financed by a unit of
government or religious, philanthropic, charitable or nonprofit organization and devoted to
the housing, training or care of children, the aged, indigent, disabled or underprivileged,
including places of detention or correction.
"Hydroelectric facility" means all aspects of any project or development necessary for or
related to the generation of hydroelectric energy, including, but not limited to, conduits,
dams, diversions, fish ladders and screens, generators, impoundments, penstocks,
turbines, transmission facilities and related buildings, structures, storage areas, access
roads, parking areas and surrounding and adjacent lands which are necessary for or
related to the facility.
"Impoundment" means any man-made structure which is or may be used to impound
water.
"Incidental and subordinate" means minor, secondary, and dependent in relation to
another use, activity, or structure.
"Junkyard" means a place where waste, discarded or salvaged materials are stored,
bought, sold, exchanged, baled, packed, disassembled or handled, including auto
wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage
of salvaged house wrecking and structural steel materials and equipment; but not
including such places where such uses are conducted entirely within a completely
enclosed building, and not including pawn shops and establishments for the sale,
purchase or storage of used furniture and household equipment, used cars in operative
condition or salvaged materials incidental to manufacturing operations.
"Kennel" means any premises where four or more dogs, cats, or other small animals, or any
combination thereof at least four months of age, are kept commercially or permitted to
remain for board, propagation, training, or sale, except veterinary clinics and animal
hospitals.
"Kitchen" means a discrete, enclosable area that includes a sink outside of a bath, and one
or more of the following: a stove, range, oven, microwave, any food heating appliance, a
range hood and/or exhaust vent, or rough -ins for any of these appliances.
"Land use action." Any action involving an application for a land use permit.
"Landscaping" includes primarily trees, grass, bushes, shrubs, flowers, garden areas, and
incidental arrangements of fountains, patios, decks, street furniture and ornamental
concrete or stonework areas, and artificial turf or carpeting, but excludes artificial plants,
bushes, shrubs or flowers.
"Livestock" means animals of any kind kept or raised for sale, resale, agriculture field
production or pleasure.
"Livestock feeding yard" means an enclosure designed or used for the purpose of
concentrated feeding or fattening of livestock for commercial slaughter.
"Livestock sales yard" means an enclosure or structure designed or used for holding
livestock for purposes of sale or transfer by auction, consignment or other means.
"Loading space" means an off-street space within a building or on the same lot or parcel
with a building, for the temporary parking of a commercial vehicle or truck while loading or
unloading merchandise or materials and which space has direct access to a street or alley.
"Lot" shall have the meaning set forth in ORS 92.010.
"Lot area" means the total horizontal area contained within the lot lines. Said area shall be
computed as gross area for lots or parcels larger than 2.5 acres and net area for lots or
parcels 2.5 acres and smaller.
A. "Lot area, gross" means the total horizontal net area within lot lines including all
streets, roads, and easement of access to other property that would accrue to that
lot or parcel if the road, street, or easement were vacated. The gross area of lots or
parcels that have never been previously described of record as other than fractions
of a section shall be calculated as if the section contained 640 acres, in cases
where a lot or parcel is sought to be partitioned.
S. "Lot area, net" shall be used for lots or parcels smaller than 2.5 acres and means
the total horizontal area contained within the lot lines that is free from roads,
streets, rights of way, or easements of access to other property.
C. As used in DCC Title 19, "lot size" shall be synonymous with "lot area".
"Lot coverage" means all areas of a lot or parcel covered by structures with surfaces
greater than 18 inches above the finished grade.
"Lot Line" means any line bounding a lot or parcel.
A. "Lot Line, Front" means a lot line separating a lot or parcel from a street, road, or
right of way. A tot or parcel may have more than one front lot line. In the case of a lot
or parcel that does not have street frontage, a front lot line shall be any lot line
through which driveway access to the property is provided.
B. "Lot Line, Northern" for the purposes of DCC 19.88.210, the northern lot line shall
be the northerly edge of the lot or parcel on which an applicant's structure is
located, unless directly north of the lot or parcel is an unbuildable area, in which
case northern lot line means the northerly edge of the buildable area.
C. "Lot Line, Rear" means the lot line not abutting a street, road, or right of way, which
is the longest horizontal distance, measured perpendicularly, from any front lot line.
In the case of an irregular or triangular -shaped lot or parcel, the rear lot line is a line
10 feet in length within the lot or parcel, parallel to and at the maximum distance
from a front lot tine. An irregular tot or parcel with four or more sides is one in which
a side lot line and the rear lot line form an interior angle of at least 135 degrees.
D. "Lot Line, Side" means any lot line other than a front or rear lot line bounding a lot or
parcel.
"Lot of record" means:
A. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which
conformed to all zoning and subdivision or partition requirements, if any, in effect on
the date the lot or parcel was created, and which was created by any of the following
means:
1. By partitioning land as defined in ORS 92.010(8);
2. By a subdivision plat, as defined in ORS 92.010(9), filed with the Deschutes
County Surveyor and recorded with the Deschutes County Clerk;
3. By deed or contract, dated and signed by the parties to the transaction,
containing a separate legal description of the lot or parcel, and recorded in
Deschutes County if recording of the instrument was required on the date of
the conveyance. If such instrument contains more than one legal
description, only one lot of record shall be recognized unless the legal
descriptions describe lots in accordance with a recorded subdivision or town
plat;
4. By a town plat filed with the Deschutes County Clerk and recorded in the
Deschutes County Record of Plats; or
5. By the subdividing or partitioning of adjacent or surrounding land, leaving a
remainder lot or parcel.
B. The following shall not be deemed to be a lot of record:
1. A lot or parcel created solely by a tax lot segregation because of an
Assessor's roll change or for the convenience of the Assessor;
2. A lot or parcel created by an intervening section or township line or right of
way;
3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel
was conveyed in accordance with DCC 19.04.040(A)(3); or
4. A parcel created by the foreclosure of a security interest.
"Lot width" means the diameter of the largest circle that can be wholly contained within
the boundaries of a lot or parcel.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access, or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of DCC 19,72.070.
"Maintain" means to cause or allow to continue in existence. When the context indicates,
the word shalt mean to preserve and care for a structure, improvement, condition or area to
such an extent that it remains attractive, safe and presentable, and carries out the purpose
for which it was installed, constructed or required.
"Manufactured dwelling park" shall have the meaning set forth in ORS 446.003.
"Manufactured dwelling subdivision" means a subdivision designed and intended for
residential use where residence is in manufactured dwellings.
"Marijuana production" means the manufacture, planting, cultivation, growing, trimming,
harvesting, or drying of marijuana, provided that the marijuana producer is licensed by the
Oregon Liquor Control Commission, or registered with the Oregon Health Authority and a
"person designated to produce marijuana by a registry identification cardholder."
"Marijuana retailing" means the sale of marijuana items to a consumer, provided that the
marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational
marijuana sales or registered with the Oregon Health Authority for medical marijuana
sales.
"Marijuana wholesaling" means the purchase of marijuana items for resale to a person
other than a consumer, provided that the marijuana wholesaler is licensed by the Oregon
Liquor Control Commission.
"Marina" means a structure or structures built over or floating upon the waters of a take,
river, stream or man-made waterway that provides moorage, launching, storage, supplies
and services for recreational and/or commercial marine transport.
"Mobile home" shall have the meaning set forth in ORS 446.003.
"Mobile home park" shalt have the meaning set forth in ORS 446.003.
"Motel" means a building or group of buildings used for transient or residential purposes
and containing guest rooms with automobile storage space provided in connection
therewith; which building or group is designed, intended, or used primarily for the
accommodation of transient automobile travelers, including groups designated as auto
cabins, motor courts, motor hotels, and similar designations.
"Municipal water supply system" means a domestic water supply source and distribution
system owned and operated by a City or County, or owned and operated by a special
district or other public corporation which has independent tax -levying powers to support
the system and which supplies water to a total of 1,000 or more households.
"Natural hazard" means geographic areas in which natural conditions exist which pose or
may pose a threat to the health, safety, or welfare of people, property, or the environment,
including areas subject to drought, earthquake, flood, landslide, volcanic event, wildfire,
windstorm, or severe winter storm.
"Nonconforming use" means a use of a lot, parcel, a building, or structure, which use
Lawfully existed at the time of the adoption of DCC Title 19, or of any amendment thereto,
but which use does not conform with the use regulations imposed by DCC Title 19 or such
amendment thereto.
"Nursing home" means any home, institution, or other structure maintained or operated for
the nursing and care of four or more ill or infirm adults not requiring hospital care or
hospital facilities.
"Open space" means any tot, parcel, or area of land or water set aside, designed, or
reserved for the public or private use or enjoyment, or for the use and enjoyment of owners
and occupants of land abutting or neighboring such open space.
"ORS" means Oregon Revised Statutes.
"Ordinary High Water" (OHW) means the highest line on the bank or shore of a lake, river, or
stream to which the water ordinarily rises annually in season.
"Ordinary Low Water" (OLW) means the lowest tine on the bank or shore of a lake, river, or
stream to which the water ordinarily recedes annually in season.
"Outdoor promotional event" means an on -site outdoor sales or promotional event
conducted in the parking lot or other outdoor area relating to a retail store or shopping
mall. Such events are allowed only in the CH, CL, and CG zones and are subject to
conditions under those zones.
"Overnight lodgings" with respect to destination resorts, means permanent, separately
rentable accommodations that are not available for residential use. Overnight lodgings
include hotel or motel rooms, cabins and time-share units. Individually owned units may
be considered overnight lodgings if they are available for overnight rental use by the general
public for at least 38 weeks per calendar year through a central reservation system
operated by the destination resort or by a real estate property manager, as defined in ORS
696.010. Tent sites, recreational vehicle parks, mobile homes, dormitory rooms and similar
accommodations do not qualify as overnight lodging for the purpose of this definition.
"Owner" means the owner of record of real property as shown on the tax rolls of Deschutes
County, or a person purchasing a piece of property under contract. For the purposes of
DCC Title 19 in terms of violations and binding agreements between the County and the
owner, the word "owner" shall also mean a leaseholder, tenant or other person in
possession or control of the premises or property at the time of the agreement or violation
of agreement or the provisions of DCC Title 19.
"Parcel" shalt have the meaning set forth in ORS 92.010.
"Parking area, public" means an open area, other than a street or other public way, used for
the parking of automobiles and available to the public whether for a fee, free or as an
accommodation for clients or customers.
"Parking POD" means 50 or fewer parking spaces located together in a group.
"Parking space" means a durable and dustless, permanently surfaced and marked area,
excluding paved area necessary for access, for the parking of a motor vehicle.
"Partition" shall have the meaning set forth in ORS 92.010.
"Partitioning land" shall have the meaning set forth in ORS 92.010.
"Partition plat" shall have the meaning set forth in ORS 92.010.
"Party." Any person who has standing.
"Pedestrian facility" means any public or private improvement that accommodates and
encourages pedestrian traffic including sidewalks, on -site walkways, crosswalks, access
corridors, and may include other improvements such as lighting, benches and fences
which make it safe or convenient to walk.
"Penstock" means any conduit or other structure which is or may be used to convey water
to ,the driving mechanism of the generator.
"Permit." Authority for or approval of a proposed use of land for which approval is a matter
of discretion and is required by a land use ordinance. The term includes, but is not limited
to, permission given for those changes set forth in Application for Land Use Permit and a
special exception, special design zone, and other similar permits.
"Permittee" means the person who is proposing to use or who is using the land pursuant to
any permit required herein.
"Person." means any individual, partnership, corporation, association, governmental
subdivision or agency, or public or private organization of any kind.
"Person designated to produce marijuana by a registry identification cardholder" means
person designated to produce marijuana by a registry identification cardholder under
Oregon Revised Statutes 475.304 who produces marijuana for a registry identification
cardholder at an address other than the address where the registry identification
cardholder resides or at an address where more than 12 mature marijuana plants are
produced.
"Planning 6ommission" means the Planning 6ommission of the Bend Urban Ar
"Planning Director" means the Director of the Deschutes County Planning Department and
his/her delegate.
"Planned unit development" means the development of an area of land as a single entity for
a number of dwelling units or a number of uses, according to a plan which does not
necessarily correspond in lot area, bulk, or type of dwelling unit, density, tot coverage, or
required open space to the standard regulations otherwise required by DCC Title 19.
"Plat" shall have the meaning set forth in ORS 92.010.
"Pole sign" means a freestanding sign connected to the ground by one or more supports,
where any portion of the lower edge of the sign face is separated from the ground by air, a
distance greater than 24" in height as measured from grade.
"Potential structure" means for purpose of solar access protection, a potential structure is
any structure or building that could be built as a permitted use in a particular location
under existing development standards under the existing Deschutes County
Comprehensive Plan.
"Preschool" as used in Title 19 is defined in ORS 329A as "preschool recorded program".
"Primary building entrance" means the main entrance closest to the public street by which
pedestrians can access a building, structure, or activity.
"Primary frontage" means that portion of a lot or parcel of property which abuts a
dedicated public street, highway, or an approved private street and is where the public or
customer entrance fronts upon.
"Primary building" means the largest building or buildings within a commercial center or
business complex. Typically, these are the anchor tenants.
"Primary use" means a lawfully established use on a lot or parcel that is not incidental and
subordinate to another use on the lot or parcel. A lot or parcel may contain multiple
primary uses._
"Productive solar collector" means a solar collector that provides no less than a) 10
percent of a building's annual total energy requirements, or b) 50 percent of a building's
annual water heating requirements.
"Property line" shall have the meaning set forth in ORS 92.010.
"Property line adjustment" means a relocation or elimination of all or a portion of the
common property line between abutting properties that does not create an additional lot or
parcel.
"Protect" means save or shield from loss, destruction, or injury or for future intended use.
"Protected area" means the specific area which is provided solar access for specific hours
and dates under DCC Title 19.
"Provide" means prepare, plan for, and supply what is needed.
"Public buildings" means buildings that are owned and operated by federal, state, or local
governments or special districts and which are occupied by such a governmental or quasi
governmental body to provide nonproprietary governmental services. Such buildings
include, but are not limited to, fire stations, city halls, courthouses, administration
buildings, human service facilities, and correctional facilities.
"Public Works Director" means the Director of Deschutes County's Public Works
Department, or the Roadmaster or his/her delegate.
"Public utility water system" means a domestic water supply source and distribution
system supplying water for household uses, owned and operated by a person subject to
regulation by the Public Utility Commissioner of the State of Oregon, and supplying water
to a total of 500 or more households.
"Public water system" shall have the meaning set forth in OAR 333-061-0020.
"Quasi-judicial" means a zoning action entailing application of a general rule or policy to
specific individuals or situations.
"Recreational facility, private" means a recreation facility under private ownership and
operated by a for -profit or nonprofit organization, open to bona fide members, and
providing one or more of the following types of recreation activity; tennis, handball, golf,
squash, volleyball, racquetball, badminton, and swimming, or other similar types of uses.
"Recreational vehicle" means a vehicle with or without motive power that is designed for
human occupancy and as further defined, by rule, by the Director of Transportation, at OAR
735-022-0140.
"Recreational vehicle park" shall have the meaning set forth in OAR 918-650-0005.
"Religious Institution or Assembly" means, so long as having public charity status as a
religious assembly or institution established with the Internal Revenue Service, either
(consistent with ORS 215.441(1) a church, synagogue, temple, mosque, chapel, meeting
house, or other nonresidential place of worship, or (consistent with 42 USCA § 2000cc-
5(7)(B)) the use, building, or conversion of real property for the purpose of religious
exercise.
"Removal", as used in the context of takes, rivers, streams, floodptains, wetlands, or
riparian areas, means:
A. The taking of material in lakes, rivers, streams, floodptains, wetlands, or riparian
areas; or
B. The movement by artificial means of material within the bed of such waters,
including channel relocation.
C. Removal includes any excavation or grading within any lake, river, stream,
floodplain, wetland, or riparian area.
D. Removal does not include practices that constitute accepted farming practices as
defined in ORS chapter 215.
"Replat" shall have the meaning set forth in ORS 92.010.
"Residential care" means services provided to individuals, including supervision;
protection; assistance while bathing, dressing, grooming or eating; management of money;
transportation; recreation; and the providing of room and board.
"Residential facility" means a residential care, residential training, or residential treatment
facility, as those terms are defined in ORS 443.400 (Definitions for ORS 443.400 to
443.455), that provides residential care alone or in conjunction with treatment or training or
a combination thereof for six to fifteen individuals who need not be related. Staff persons
required to meet licensing requirements shall not be counted in the number of facility
residents, and need not be related to each other or to any resident of the residential facility.
"Residential home" means a residential treatment or training home, as defined in ORS
443.400 (Definitions for ORS 443.400 to 443.455), a residential facility registered under
ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of
registered facilities), or an adult foster home licensed under ORS 443.705 (Definitions for
ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) that provides
residential care alone or in conjunction with treatment or training or a combination thereof
for five or fewer individuals who need not be related. Staff persons required to meet
licensing requirements shall not be counted in the number of facility residents, and need
not be related to each other or to any resident of the residential home.
"Right of way" means the area between the boundary lines of a street, road, or other public
easement.
"Riparian area" means a terrestrial zone where annual and intermittent water, a high water
table, and wet soils influence vegetation and microclimate.
"Roadside stand" means a temporary structure, vehicle or area designed or used for the
display or sale of merchandise on the premises upon which such a stand is located.
"Roadway" means that portion of a street or road right of way developed for vehicular
traffic.
"Scenic area" means land and other natural features that are valued for their aesthetic
values and appearance.
"Setback" means the minimum allowable horizontal distance between two or more
specified features, except as otherwise provided in DCC Title 19.
A. "Setback, front" means a setback measured from a front lot line to the nearest point
of any structure, except as otherwise provided in DCC Title 19. In the case of a front
lot line that does not have street frontage, the front setback shall be the minimum
distance as identified in the underlying zone for a local street right of way.
B. "Setback, Ordinary High Water Mark" means a setback measured from an Ordinary
High Water Mark line, to the nearest point of any structure, except as otherwise
provided in DCC Title 19.
C. "Setback, rear" means a setback measured from the rear lot line to the nearest
point of any structure, except as otherwise provided in DCC Title 19.
D. "Setback, rimrock" means a setback measured from a rimrock to the nearest point
of any structure, except as otherwise provided in DCC Title 19.
E. "Setback, side" means a setback measured from aside lot line, to the nearest point
of any structure, except as otherwise provided in DCC Title 19.
"Setback area" means any area located within a designated setback as identified herein.
"Shade" means a shadow, except a shadow caused by a narrow object, including but not
Limited to a utility pole, an antenna, a wire or a flagpole.
"Shopping center" means a retail store or combination of stores usually including a grocery
store which provides goods for sale to the general public and with a combined leasable
area in excess of 30,000 square feet.
"Site plan" means a plan prepared to scale, showing accurately and with complete
dimensioning, all of the uses proposed for a specific lot or parcel of land.
"Solar access" means protection from shade for a specific area during specific hours and
dates, but not including protection from shade cast by exempt vegetation.
"Solar access permit" means the instrument issued by the County which limits the size of
nonexempt vegetation on certain lots or parcels in the vicinity of a recorded solar collector.
"Solar collector" means any object that uses solar radiation for a useful purpose, including
but not limited to windows, watts, roofs, and collectors.
"Solar heating hours" means the hours and dates during which solar access is provided.
"Solar height restriction" means the allowable height of buildings, structures and
nonexempt vegetation on a property burdened by the solar access of another property.
"Street" means a public thoroughfare or right of way other than an alley, dedicated, deeded
or condemned for such use and private thoroughfare or access easements which are used
for vehicle travel including avenue, place, way, drive, lane, boulevard, highway, road and
any other thoroughfare.
"Standing, legal." See "standing" as defined in DCC 22.24.080.
"Start of construction" means the first act of permanent construction of a structure, other
than a manufactured dwelling, on a site, lot, or parcel, such as the pouring of slabs or
footings or any work beyond site preparation, such as clearing, grading, and filling. It does
not include the installation of streets or walkways, excavation for a basement, footings,
piers, or foundations, the erection of temporary forms, or the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or as part of
the primary use structure. For a structure other than a manufactured dwelling without a
basement or poured footings, the start of construction includes the first permanent
framing or assembly of the structure, or any part thereof, on its piling or foundations. For
manufactured dwellings not within a manufactured dwelling park or manufactured dwelling
subdivision, start of construction means the affixing of the manufactured dwelling to its
permanent site. For manufactured dwellings within manufactured dwelling parks or
manufactured dwelling subdivisions, start of construction is the date on which
construction of facilities for servicing the site on which the manufactured dwelling is to be
affixed (including, at a minimum, the construction of streets, either final site grading or
pouring of concrete pads, and installation of utilities) is begun.
"Structural alteration" means any change to the supporting members of a structure
including foundations, bearing walls or partitions, columns, beams, girders, any structural
change in the roof or in the exterior walls, or any alteration requiring a building permit.
"Structural footprint" means the horizontal structural and/or building area as seen in plan
view (as in floor plan, view from above), measured from the outside of all exterior walls and
supporting columns.
"Structure" means anything constructed, built, or installed, which requires a location on
the ground or is attached to another structure having a location on the ground.
"Subdivide lands" shall have the meaning set forth in ORS 92.010.
"Subdivision" shall have the meaning set forth in ORS 92.010.
"Subdivision plat" shall have the meaning set forth in ORS 92.010.
"Substantially shaded" means less than 80 percent of the available solar insulation is
available during winter solar heating hours to either the south roof and/or wall of an existing
or potential structure.
"Sunchart" means a photograph or photographs taken in accordance with the guidelines of
the Planning Director, which plots the position of the sun during each hour of the day and
each month of the year relative to a protected area. The sunchart shall contain, at a
minimum:
A. Solar altitude in 10-degree increments;
B. Solar azimuth measured from true south in 15-degree increments;
C. If the solar collector is more than 20 feet wide, the southern skyline as seen from the
two end points and from the center point of the lower edge of the protected area;
and
D. A clear delineation of the existing objects which cast shadows on the protected
area, including hills, structures and deciduous and evergreen vegetation.
"Surface mining" includes all or any part of the process of mining minerals by the removal
of overburden and extracting of natural mineral deposits thereby exposed by any method by
which more than 50 cubic yards of minerals are extracted or by which at least one acre of
land is affected within a period of 12 consecutive calendar months, including open -pit
mining refuse, the construction of adjacent or off -site borrow pits (except those
constructed for use as access road), the quantity or area specifications set forth herein or
when such activities affect more than one acre of land for each eight acres of land
prospected or explored; or other similar materials conducted by the landowner or tenant
for the primary purpose of construction, reconstruction, or maintenance of access roads
and excavation or grading operations conducted in the process of farming or cemetery
operations, on -site road construction or other on -site construction or underground mines;
and excluding rock, gravel, sand, silt or similar substances removed from the beds or banks
of any waters of this state pursuant to permit issued under ORS 541.605 to 541.660.
(Reclamation of Mining Lands, ORS 517.750 to Number 12.)
"Time share unit" means:
A. A dwelling unit, lot, or parcel divided into periods of time under any arrangement,
plan, scheme or device; whether by membership, agreement, share, tenancy in
common, sale, lease, deed, rental agreement, license, right to use agreement or
otherwise; where a purchaser, in exchange for consideration, receives a right to use
the dwelling unit, lot, or parcel for a period of time less than a full year during any
given year, but not necessarily for consecutive years, which extends for a period of
more than three years; or
B. A dwelling or unit, lot, or parcel created into interests sold under an agreement to be
subsequently divided or created into interests for the purpose of sale or lease or
other similar arrangement as set out in DCC 19.04.040(A); whether immediate or
future, into 11 or more undivided interests or 11 or more other interests, or any other
similar arrangement of interests in the dwelling unit, lot, or parcel.
"Tract" shall have the meaning set forth in ORS 215.010.
"Trailer" means any portable unit designed and built to be towed on its own chassis,
comprised of frame and wheels and which does not fall within the definitions of vacation
trailer, manufactured dwelling, or prefabricated structure. Includes boat trailers, bunk
trailers, portable schoolrooms, and industrial, commercial, or public offices and accessory
uses.
"Transit facility" means public or private improvements at selected points along transit
routes for passenger pickup, drop off and waiting. Improvements may include pullouts,
shelters, waiting areas, benches, information and directional signs, or structures and
lighting.
"Transit route" means an existing or planned route for public intra-city or intraurban transit
service in the local or regional transportation plan. Does not include temporary routes or
routes which are planned to be replaced.
"Transmission facility" means the conductors, lines, poles, towers, structures, corridors
and construction staging and assembly areas necessary for or associated with the
transmission of electricity from a hydroelectric facility for distribution.
"Trailer, travel" means a recreational vehicle without motive power that is eight and one-
half feet or less in width and is not being used for commercial or business purposes.
"Tumalo Creek canyon rimrock" means any ledge, outcropping or overlying stratum of rock,
which forms a face in excess of 45 degrees and which creates or is within the canyon of
Tumalo Creek. For purposes of DCC 19.22.050(H), the edge of the rimrock is the
uppermost rock ledge or outcrop of rimrock that is within the Tumato Creek canyon.
"Unbuildable area" means an area of a site, lot, or parcel on which a structure could not be
built as a permitted or conditional use under the provisions of DCC Title 19.
"Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City
and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan
and as shown on the Bend Comprehensive Plan map.
"Use" means the purpose for which land or a structure is designed, arranged or intended,
or for which it is occupied or maintained.
"Utility easement" means an easement noted on a subdivision plat, partition plat, or other
Lawfully recorded easement for the purpose of installing or maintaining public or private
utility infrastructure for the provision of water, sewage, power, heat, or
telecommunications.
"Utility facility" means any major structures, excluding hydroelectric facilities, owned or
operated by a public, private, or cooperative electric, fuel, communications, sewage, or
water company for the generation, transmission, distribution, or processing of its products
or for the disposal of cooling water, waste or by-products, and including power
transmission lines, major trunk pipelines, power substations, water towers, sewage
Lagoons, sanitary landfills, and similar facilities, but excluding local sewer, water, gas,
telephone and power distribution lines, and similar minor facilities allowed in any zone.
"Visual obstruction" means any fence, hedge, tree, shrub, device, wall, or structure
exceeding 2.5 feet in height above the elevation of the top of the curb or ground as
determined by the Planning Director and so located at a street intersection as to
dangerously limit the visibility of persons in motor vehicles on said street or alleys. This
does not include trees kept trimmed of branches to a minimum height of eight feet.
"Walkway" means a structure built over or floating upon the waters of a lake, river or stream
that provides access to a boat dock or pier.
"Wetland" means those areas that are inundated or saturated by surface or ground water at
a frequency or duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands include swamps, marshes, bogs, and other similar areas.
"Winter solar heating hours" means the time period extending two hours before and after
the solar zenith on December 21.
"Zero lot line subdivision or partition" means a type of residential subdivision or partition
utilizing zero lot lines between dwelling units and providing for individual ownership of each
lot or parcel.
"Zone" means a portion of the territory of the Bend Urban Area of Deschutes County within
which certain uniform regulations and requirements or various combinations thereof apply
under the provisions of DCC Title 19.
A. Where certain uses are required to be a specified distance from "any R Zone" as
provided in DCC Title 19, the term "any R Zone" shall include any RS, RM or RH Zone.
B. The term "any C Zone" shalt include any CN, CC, CL, CG, CH or CB Zone.
C. The term "any I Zone" shall include any IP, IL or IG Zone.
HISTORY
Adopted by Ord. 8.0.-217§1 ExhibitA on 1211811980
Amended by Ord. 82-01.1 on 8/9/1982
Amended by Ord. 83-041 §2 on 6/1/1983
Amended by Ord. 86-032 §1 on 4/2/1986
Amended by Ord. 86-033 §1 on 4/2/1986
Amended by Ord. 86-017§1 Exhibit on 6/30/1986
Amended by Ord. 86-055 §1 on 6/30/1986
Amended by Ord. 86-058 §1 on 6/30/1986
Amended by Ord. 88-042 §3 on 12/19/1988
Amended by Ord. 907038 §1 on 101311990
Repealed & Reenacted by Ord. 90-007§1 on 121711990
Amended by Ord. 91-001 §1 on 112811991
Amended by Ord. 91-029 §§1, 8, 9 and 10 on 81711991
Amended by Ord. 92-043 §1 on 5/20/1992
Amended by Ord. 93-018 §1 on 511911993
Amended by Ord. 94-005 §§1 & 2 on 611511994
Amended by Ord. 95-045 §15 on 6/28/1995
Amended by Ord. 96-071 §1 D on 1213011996
Amended by Ord. 97-017§1 on 311211997
Amended by Ord. 97-038 §1 on 8/27/1997
Amended by Ord. 99-001 §§2-4 on 1/13/1999
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2014-016 §1 on 1212912014
Amended by Ord. 2016-016 §1 on 61112016
Amended by Ord. 201.7-009 §7 on 712112017
Amended by Ord. 2020-001 §17 on 412112020
Amended by Ord. 2020-010 §8 on 71312020
Amended by Ord. 2021-009. §2 on 611812021
Amended by Ord. 2024-008 §17 on 11712025
Amended by Ord. 2025-002 §37 on 312812025
Amended by Ord. 2025-004 §6 on 5/7/2025
Amended by Ord. 2026-006 §12 on 412212026
Exhibit M
19.12.010 Purpose
19.12.020 Permitted Uses
19.12.030 Conditional Uses
19.12.040 Height Regulations
19.12.050 Dimensional Standards And Setbacks
19.12.060 Off -Street Parkin ,
19.12.070 Other Required Conditions
19.12.020 Permitted Uses
The following uses are permitted:
A. Farm uses as defined in DCC Title 19.
B. A single -unit dwelling.
C. Home occupation subject to DCC 19.88.140.
D. Other accessory uses and accessory buildings and structures customarily
appurtenant to a permitted use subject to DCC 19.92.020.
E. Day care center facilities subject to site review, DCC 19.76 and DCC 19.88.160.
F. Farm stands subject to DCC 19.76 and DCC 19.88.290.
G. A historic home accessory dwelling unit, subject to DCC 19.92.150.
H. A residential accessory dwelling unit, subject to DCC 19.92.160
F— .
1A recreational vehicle as a rental dwelling, subject to DCC 19.92.170.
J. Temporary Hardship Dwelling, subject to DCC 19.88.320
HISTORY
Adopted by Ord. PL-11 on 711111979
Amended by Ord. 88-042 §4 on 1211911988
Repealed & Reenacted by Ord. 90-038 §1,2 on 101311990
Amended by Ord. 91-001 §2 on 112811991
Amended by Ord. 2008-014 §3 on 313112008
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2019_009 §4 on 9/3/2019
Recorded by Ord. 2019-009 §4 on 9/3/2019
Amended by Ord. 2023-014 §5 on 121112023
Amended by Ord. 2024-008 §18 on 11712025
Amended by Ord. 2025-002 §39 on 312812025
Amended by Ord. 2025-004 §7 on 51712025
Amended by Ord. 2026-006 §13 on 412212026
Exhibit N
19 2.0.010 Purpose
19.20.020 Permitted Uses
19.20.030 Conditional Uses
19.20.040_.Height Regulations
19.20.050 Dimensional Standards And Setbacks
19.20.055 Land Divisions
19.2.0.060 Off -Street Parkin
19.20.070 Other Reauired Conditions
19.20.020 Permitted Uses
The following uses are permitted:
A. A single -unit dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Home occupations subject to DCC 19.88.140.
D. Other accessory uses and accessory buildings and structures customarily
appurtenant to a permitted use subject to DCC 19.92.020.
E. A historic home accessory dwelling unit, subject to DCC 19.92.150.
F. Child care facility and/or preschool.
G. A residential accessory dwelling unit, subject to DCC 19.92.160.
'-h— .
H. A recreational vehicle as a rental dwelling, subject to DCC 19.92.170.
I. Temporary Hardship Dwelling,._ subject to DCC 19.88.320.
HISTORY
Adopted by Ord. PL-11 on 711111979
Amended by Ord. 8$_-042 §6 on 1211911988
Repealed & Reenacted by Ord. 90-038 §1,2 on 101311990
Amended by Ord. 91-001 §4 on 112811991
Amended by Ord. 93-018 §3 on 511911993
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2019-009 §5 on 91312019
Recorded by Ord. 2019-009 §5 on 91312019
Amended by Ord. 2020-001 §20 on 412112020
Amended by Ord. 2020-010 §9 on 71312020
Amended by Ord. 2023-014 §6 on 121112023
Amended by Ord. 2024-008 §19 on 11712025
Amended by Ord. 2025-002 §41 on 312812025
Amended by Ord. 2025-004 §8 on 51712025
Amended by Ord. 2026-006 §14 on 412212026
Exhibit O
19.22.010 Purpose
19.22.020 Permitted Uses
19.22.030 Conditional Uses
19.22.040 Height Regulations
19.22.050 Dimensional Standards And Setbacks
19.22.060 Land Divisions
19.22.070 Street Improvements.
19.22.080 Off -Street Parkin
19.22.090 Fence Standards
19.22.020 Permitted Uses
The following uses and their accessory uses are permitted outright:
A. A single -unit dwelling.
B. Home occupation subject to DCC 19.88.140.
C. Other accessory uses and accessory buildings and structures customarily
appurtenant to a permitted use subject to DCC 19.92.020.
D. A residential accessory dwelling unit, subject to DCC 19.92.160.
E.— .
EA recreational vehicle as rental dwelling, subject to DCC 19.92.170.
F. Temporary Hardship Dwelling, subiectto DCC._19.88.320.
HISTORY
Adopted by Ord. 2019-001 §8 on 411612019
Amended by Ord. 2023-014 §7 on 121112023
Amended by Ord. 2024-008 §20 on 11712025
Amended by Ord. 2025-002 §42 on 312812025
Amended by Ord. 2025-004 §9 on 51712025
Amended by Ord. 2026-006_ §15_on 412212026
Exhibit P
19.28.010 Purpose.
19.28.020 Permitted Uses
19.28.030 Conditional Uses
19.28.040 Height Regulations
19.28.050 Dimensional Standards And Setbacks
19.28.055 Land Divisions
19.28.060 Off -Street Parkin
19.28.070 Other Reauired Conditions
19.28.020 Permitted Uses
The following uses are permitted:
A. A single -unit dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Rooming and boarding of not more than two persons.
D. Home occupation subject to the provisions of DCC 19.88.140.
E. Other accessory uses and buildings and structures customarily appurtenant to a
permitted use subject to DCC 19.92.020.
F. Child care facility and/or preschool.
HISTORY
Adopted by Ord. PL-11 on 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Amended by Ord. 2020-010 §10 on 71312020
Amended by Ord. 2024-008 §21 on 11712025
Amended by Ord. 2025-002 §43 on 312812025
Amended by Ord. 2026-006 §16 on 412212026
Exhibit Q
19.80.010 Compliance
19.80.020 Off -Street Loading
19.80.030 Off -Street Parkin
19.80.040 Number Of Spaces Required
19.80.050 General Provisions; Off -Street Parkin
19.8.0.060 Development And Maintenance Standards For Off -Street Parking Areas
19.80.070 Off -Street Parking Lot Design
19.80.080 Required Bicycle Parkin
19.80.090 Bicycle Parking Location And Design_ Other.Re uired Conditions
19.80.040 Number Of Spaces Required_
Off-street parking shall be provided as follows:
A. Residential.
Single -unit, duplex and triplex dwellings:
2 spaces per dwelling unit.
Multi -unit dwelling containing four or more
dwelling units:
0.75 space per unit
Studio or Efficiency Unit
One Bedroom Unit
1.00 space per unit
Two Bedroom Unit
1.50 spaces per unit
Three Bedroom Unit
2.25 spaces per unit
Four Bedroom Unit
2.50 spaces per unit
0.50 space guest parking per
Resident hotel, rooming, or boarding house
dwelling unit
B. Commercial Residential.
Hotel 1 space per guest room plus 1 space per 2 employees
1 space per guest room or suite plus 1 additional space for
Motel
the owner or manager.
Spaces to meet the combined requirements of the uses
Club or Lodge
being conducted such as hotel, restaurant, auditorium, etc.
Fraternity, Sorority,
1 space for each 6 student beds
or Dormitory
C. Institutions.
1 space per 3 beds for
Welfare or Correctional Institution
patients or inmates
Convalescent Hospital, Nursing Home, Sanitarium,
1 space per 2 beds for
Rest Home, Home for the Aged
patients or residents
Hospital
1.5 spaces per bed
D. Places of Public Assembly.
Religious institution or
1 space per 4 seats or 8 feet of bench length in the
assembly
main auditorium
Library, Reading Room,
1 space per 400 sq. ft. of floor area plus 1 space per 2
Museum, Art Gallery
employees
Preschool Nursery or
2 spaces per teacher
Kindergarten
Elementary or Junior High
1 space per employee, or 1 space per 4 seats or 8 ft.
School
of bench length in auditorium, whichever is greater
1 space per employee plus 1 space for each 6
High School
students, or 1 space per 4 seats or 8 feet of bench
Length in the main auditorium, whichever is greater
College or Commercial
1 space per 3 seats in classrooms
School for adults
Other Auditorium or 1 space per 4 seats or 8 feet of bench length. If no
Meeting Room fixed seats or benches, 1 space per 60 sq. ft. of floor
area.
E. Commercial Amusement.
Stadium, Arena or
1 space per 4 seats or 8 feet of bench length
Theater
Bowling Alley
6 spaces per lane plus 1 space per 2 employees
Dance Hall or Skating
1 space per 100 sq. ft. of floor area plus 1 space per 2
Rink
employees
F. Commercial.
Retail Store, except stores selling bulky
1 space per 300 sq. ft. of gross
merchandise
floor area
Service or repair shops, retail stores, and
outlets selling furniture, automobiles or other
1 space per 600 sq. ft. of gross
bulky merchandise where the operator can
floor area
show the bulky merchandise occupies the
major area of the building
1 space per 300 sq. ft. of gross
Bank or Office (except medical and dental)
floor area
1 space per 150 sq. ft. of gross
Medical or Dental Office or Clinic
floor area
1 space per 120 sq. ft. of gross
Eating or drinking establishments
floor area
1 space per 4 seats or 8 feet of
Mortuaries
bench length in chapels
3 spaces for each of the first 2
Beauty parlor and barber shop
beauty or barber chairs, and 1 1/2
spaces for each additional chair
G. Industrial.
1
space per employee on the
Manufacturing establishment
largest working shift
Storage Warehouse, wholesale establishment,
1 space per 2,000 sq. ft. of
rail or trucking freight terminal
gross floor area
H. Other uses not specifically listed above shall furnish parking as required by the
Planning Director or Hearings Body . The Planning Director or
Hearings BodyPlanning Commission shall use the above list as a guide for
determining requirements for said other uses.
HISTORY
Adopted by Ord. PL-11 on 711111979
Amended by Ord. 88-042 §34 on 1211911988
Repealed & Reenacted by Ord. 907038 §1,2 on 101311990
Amended by Ord. 2020-001 §23 on 412112020
Amended by Ord. 2025-002 §47 on 312812025
Amended by Ord. 2026-006 §17 on 412212026
Exhibit R
CHAPTER 19.88 PROVISIONS APPLYING TO SPECIAL USE STANDARDS
19.88.010 Automobile Service Stations• Minimum Standards
19.88.020 Kennels, Riding Academies And Public Stables
19.88.030 Cemetery, Crematory Or Mausoleum
19.88.040 Hospitals
19.88.050 Religious Institution Or Assembly, Community Buildings, Social Halts, Lod es
Fraternal Organization And Clubs
19.88.060 Drive -In Theaters
19.88.070 Keeping Of Livestock
19.88.080 (Re ealed
19.88.090 Temporary Permits For Manufactured Dwellings
19.88.100 Mines, Quarries, Gravel Pits Or Gravel Removal Sites
19.88.110 (Repeated)
19.88.120 Utilities
19.88.130 Rear Lot Or Parcel Permits
19.88.140 Home Occ�ation
19.88.150 Landing Strips For Aircraft And Heliports
19.88.160 Day Care Facility
19.88.170 Housing For The Elderly
19.88.180 Plant Nursery
19.88.190 Hydroelectric Facilities
19.88.200 (Repealed
19.88.210 Solar Setbacks
19.88.220 Solar Access Permit
19.88.230 Time -Share Unit
19.88.240 Fill And Removal
19.88.250 Dwelling Groups
19.88.260 Bed And Breakfast Inn
19.88.270 Temporary Use
19.88.280 Manufactured Dwellings
19.88.290 Farm Stands
19.88.300 Wireless Telecommunication Facilities
19.88.310 Recreational Vehicle As A Temporary Dwelling On An Individual Lot Or Parcel
19.88.320 Manufactured Dwelling Or Recreational Vehicle As A Temporary Hardship
Dwelling
19.88.330 Residential Homes And Residential Facilities
19.88.070 Keeping Of Livestock
The Planning Director_or Hearings BodyPianning eenirnission may authorize the keeping of
Livestock as a conditional use in an RS, SR, or R zone, subject to the following standards:
A. One horse, cow, goat, sheep, swine, or other livestock shall have a corral or pasture
with a usable area of at least 7,500 square feet; two horses, cows, goats, sheep,
swine, or other livestock, at least 10,000 square feet; and for each additional horse,
cow, goat, sheep, swine, or other livestock, at least 5,000 square feet, but in no case
shall the above use be allowed on any lot or parcel with a lot area of less than one
acre.
B. No enclosure for horses, cows, goats, sheep, swine, or other livestock shall be
located closer than 100 feet to a neighboring dwelling unit.
C. Fences erected in connection with the keeping of livestock shall be of lumber or
other standard fencing material (not including barbed wire or electric fence), shall
be kept in good repair and shall be at least four feet in height. A fence shall meet the
setback requirements of the zone.
HISTORY
Adopted by Ord. PL-11 on 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Amended by Ord. 2025-002 §49 on 312812025
Amended by Ord. 2026-006 §18 on 412212026
19.88.100 Mines, Quarries, Gravel Pits Or Gravel Removal Sites
Extractions from deposits of rock, stone, gravel, sand, earth, minerals or building or
construction materials shall not be construed to be a permitted use in any zone of DCC
Title 19 (except as outlined in DCC 19.16 for permitted uses in an SM zone) unless a
conditional use permit shall first have been obtained as provided in DCC 19.100, except for
on -site excavation and grading in conjunction with a specific construction or improvement
project. The Planning Director or Hearings BldyPlanning 6ornmission shall have the power
to grant conditional use permits, which are valid for a specific period of time or are
revocable, to permit extractions from deposits of rock, stone, gravel, sand, earth, minerals
or building or construction materials. Odors, dust, noise or drainage shall not be permitted
to create or become a nuisance to surrounding property.
HISTORY
Adopted by Ord. PL-11 on 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Amended by Ord. 2026-006 §18 on 412212026
19.88.170 Housing For The Elderly
The purpose of DCC 19.88.170 is to establish standards for housing developments for the
elderly within the RH zone. Housing developments for the elderly shalt be exempted from
applicable zone regulations only insofar as the provisions in DCC 19.88.170 conflict with
appropriate regulations.
A. The minimum lot area for single -unit dwellings and duplexes shall be 5,000 square
feet. For each additional dwelling unit, the original lot area shall be increased by 360
square feet provided that more than 50 percent of the dwelling units shalt be studio
apartments. For the purpose of DCC 19.88.170, a studio apartment is defined as an
apartment with one primary room and having no bedrooms.
B. The combined lot coverage of all structures shall not exceed 50 percent of the lot
area.
C. Off-street parking shall be provided as follows: Total Off Street Parking Area - .75
space per dwelling unit. Improved Off -Street Parking Area - .33 space per dwelling
unit. As tong as the multiple -unit dwelling serves as housing for the elderly in terms
of the original intent for the development, the smaller parking requirement shalt
apply. Any applicant must provide a site plan showingthe total off-street parking
area including access and parking spaces in the event the development ceases to
serve as housing for the elderly or requires additional parking. In the event that the
development ceases to serve as housing for the elderly in terms of the original intent
of the development, and the larger off-street parking area does not meet the parking
needs of the development, the Planning Director or Hearings BodyPta-rt"
Cont-nissiort may require development of the total or larger off-street parking area.
HISTORY
Adopted by Ord. PL-11 on 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Amended by Ord. 2025-002 §49 on 312812025
Amended by Ord. 2026-006 §18 on 412212026
19.88.300 Wireless Telecommunications Facilities
A. Spectrum Act_ Eligible Facilities Requests.
1. All eli ible facility reviews submitted in accordance with the Spectrum Act,
Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47
U.S.C. §1455(a). shall be reviewed under the standards listed therein.
2. If the_County determines that a proposed collocation or modification of an
existing tower or base station will substantially change the physical
dimensions of such tower or_base station, the_Spectrum Act is inapplicable
and this subsection U shall not apply. Such an application will be reviewed
up rsuant to DCC 19.88.120 as a land use action pursuant to DCC Title 22.
HISTORY
Adopted byOrd. 2026-006 §18 on 4/2212026
19.88.310 Recreational Vehicle As A_Temporary Dwelling On An Individual Lot Or Parcel
A. A single recreational vehicle. as defined _in_DCC Title 19,mav be located on a lot or
parcel containing a_manufactured dwellin or sin le -unit dwelling,_ where such
dwelling is uninhabitable due to damages from natural disasters, includingwildfires
earthquakes, flooding, or storms until no later than the date:
1_The single -unit dwelling or manufactured dwelling has been repaired or
replaced and an occupancy permit has been issued;
2. The local government makes a determination that the owner of the single -
unit dwelling or manufactured dwelling is unreasonabjy..
-delaying in
completing repairs or replacing the dwelling; or
3._ Five years after the date the single -unit_ dwelling or manufactured dwellin
first became uninhabitable.
HISTORY
Adopted by Ord. 2026-006 §18 on 412212026
19.88.320 Manufactured Dwelling Or Recreational Vehicle As A Temporary Hardship
Dwelling
A. As used in this section, "hardship" means a medical hardship or hardship for the care
of an aged or infirmed person or persons experienced by the existing resident or
relative.
B.-As used in this section, "relativ_e"_means a grandparent, step -grandparent,
randchild, step -grandchild, parent, step-parent child._step-child, brother, sister,
sibling, step -sibling, either blood or legat retationship, niece, nephew, uncle, aunt, or
first cousin.
C. A temporary use permit for the term of the hardship for one of the following hardship
dwelling types may be granted on a lot or parcel in conjunction with an existing
primary dwelling unit:
1. One manufactured -dwelling -of anv class;_
2. One recreational vehicle subject to the criteria under subsection(F).
D__The hardship dwelling must use the same onsite septic disposal system used by the
existing -primary dwelling -unit, ovided that the. existing onsite septic system is
adequate to accommodate the hardship dwelling. If the hardship dwelling will be
connected to a community sewer system this requirement does not apply.
E. Prior to initiating the_use, the property owner must obtain all necessary.permits from
the Deschutes County Building and Onsite Wastewater Divisions.
F. A recreation _vehicle hardship dwelling must comply with all of the _following
requirements:
1. The recreational vehicle must have a sink and toilet:
2. The recreational vehicle must comply with all setbacks of the underlying
zonejs);
3. The recreational vehicle must be fully licensed;.
4. The recreational vehicle must be ready for highway use, on .its wheels or.
facking system, and must be attached to the site only by quick disconnect
type utilities and security devices;
5. A recreational vehicle hardship dwelling located in a special flood hazard area
must comply with DCC 19.72; and
6. Permanent attached additions are prohibited.
G__One temporary use permit for a hardship dwelling is permitted provided there is no
guest house, recreational vehicle as a rental dwelling, or accessory_ dwelling unit on
the subject lot or parcel. A recreational vehicle permitted under DCC 19.88.310(A) is
allowed in addition to a hardship dwelling.
H. The hardship shalt be verified by a state -licensed medical-ractitioner's written
statement.
I. The temporary use Dermit shall_ be reviewed every years to ensure ongoing
eomDliance with the terms of DCC 19.88.320.
J. Within three months of the end of the hardship. one of the following must occur:
1. The manufactured dwelling shall be removed, demolished, or converted to an
allowed use in the underlying zones(s);
2. The recreational vehicle shall be vacated. and disconnected from any electric.
water or septic/sewer facility connection; or
3. For an existin --building used as a hardship dwelling,.. the building must be
converted to a permitted use in the underlying zone(s).
HISTORY
Adopted by Ord. 2026-006 §18 on 412212026
19.88.330 Residential Homes And Residential Facilities
A. In any application for a residential home or residential facility, the applicant shall
not be. required to supply any information concerning the existence of or the nature
or severity of any handicap(as that term is un.derthe Fair Housin Act)_of
prospective residents.
B. Residential homes and facilities shall be_permitted pursuant to the standards of
ORS 197_665 and 197.667, respectively, and any applicable standards of the DCC.
Residential homes and facilities are permitted in the following zones as summarized in the
following table:
Zone
Residential Home
Residential Facility
Urban Area Reserve
GUAR-10
Permitted
Not permitted
Suburban Low Density
Permitted
Not permitted
Residential (SR 21/2)
Westside Transect (WTZ)_
Permitted
Not permitted
Urban Standard
Residential (RS
Permitted
Permitted conditionally,_
subject to the applicable
provisions of DCC 19.76
and 19.100
HISTORY
Adopted by Ord. 2026-006 §18 on 412212026
Exhibit S
19.92.010 General Exceptions To Lot Area Requirements
19.92.020 Accessory Uses And Structures
19.92025 Exceptions To Permitted Dwelling Unit Facilities
19.92.030 Exception To Height Regulations
19.92.040 Establishment And Measure Of Clear Vision Areas
19.92.050 Exceptions To Setback Requirements
19.92.060 Authorization For Similar Uses
19.92.070 Existing Uses
19.92.080 Pending Building Permits
19.92.090 River Setback (Repealed
19.92.100 (Untitled)
19.92_110 Solar Height Restrictions
19.92.120 Conservation Easements On Proerty_AdiacentTo Rivers And Streams:
Prohibitions
19.92.130 Fill And Removal Exceptions
19.92.140 Existing Marijuana Production Registered By The Oregon Health Authority (OHA)
19.92.150 Historic Home Accessory__DwellingUnits _In.UAR-10_And SR-2 1/2 Zones
19.92.160 Accessory Dwelling Units In The UAR-10, SR-2 1 /2, And WTZ Zones
19.92.170 Recreational Vehicles A Rental Dwellings In UAR-10 SR.-2 1 /2. And WTZ Zones
19.92.060 Authorization For Similar Uses
The Planning Director or Hearings Body may rule that a use not
specifically named in the permitted or conditional uses of DCC Title 19 shall be included
among the permitted outright or conditional uses if the use is of the same general type and
is similar to the permitted or conditional uses of that zone.
HISTORY
Adopted by Ord. PL-11 on 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Amended by Ord. 2026-006 §19 on 412212026
Exhibit T
19.116.010 Amendments
19.116.020 Standards.. For Zone Chan e
19.116.030 Record Of Amendments
19.116.040 Resolution Of Intent To Rezone
WffiiR I -
DCC Title 19 maybe amended by changing the boundaries of zones or by changing any
other provisions thereof subject to the provisions of DCC 19.116.
A. Text changes and legislative map changes maybe proposed by the Board of County
Commissioners on its own motion, by the motion of the Planning Director or
Hearings BodyPlanning Goniniission, upon payment of a fee, by the application of a
member of the public. Such changes shall be made pursuant to DCC 22.12 and ORS
215.110 and 215.060.
B. Any proposed quasi-judicial map amendment or change shall be handled in
accordance with the applicable provisions of DCC Title 22.
HISTORY
Adopted by Ord. PL-11 on 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Amended by Ord. 95-050 §§11 and 12 on 6/28/1995
Amended by Ord. 2026-006 §20 on 412212026
FINDINGS
HOUSEKEEPING TEXT AMENDMENTS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BACKGROUND:
The Planning Division regularly proposes amendments to the Deschutes County Code (DCC) and
the Comprehensive Plan to correct minor errors identified by staff, other County departments, and
the public. This process, commonly referred to as housekeeping, also incorporates updates from
rulemaking at the state level through amendments to Oregon Revised Statutes (ORS) and Oregon
Administrative Rules (OAR), maintains compliance with federal law, and allows for less substantive
code changes to facilitate continuation of efficient County operations.
The last time Deschutes County adopted housekeeping amendments occurred in October 2024'.
III. BASIC FINDINGS:
The Planning Division determined minor changes were necessary to clarify existing standards and
procedural requirements. These changes include less substantive code alterations, incorporate
changes to state and federal law, and correct errors found in various sections of the Deschutes
County Code (DCC). Staff initiated the proposed changes and notified the Oregon Department of
Land Conservation and Development on January 8, 2026 (File no. 247-26-000007-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.
IV. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
1 Ordinances 2024-008.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Qi (541) 388-6575 @ cdd@deschutes .org ® www.deschutes.org/cd
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission (Commission) on February 12, 2026 and a public hearing was held
before the Board of County Commissioners (Board) on April 8, 2026.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion is met as notice was published in The Bulletin newspaper on January 30,
2026 for the Commission public hearing and on March 10, 2026 for the Board public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
EXHIBIT U - Ordinance No. 2026-006 Page 2 of 7
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: This criterion is met as the Commission held a public hearing on February 12, 2026. The
Board held a public hearing on April 8, 2026.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-26-000007-TA will be
implemented by ordinances upon approval and adoption by the Board.
V. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the referenced ordinance with additional text
identified by underline and deleted text by strikethro ugh. Below are summary explanations of the
proposed changes.
Section 18.16.050. Standards For Dwellings In The EFU Zones
The proposed amendments correct a state statute reference error concerning the appropriate
data and methodology when determining tract sizes and gross incomes to satisfy income
standards for farm -related dwellings on non -high value farmland. The current statutory
references have been changed from OAR 660-033-0135(3) and OAR 660-033-0135(4), to OAR
660.033.0135(2) respectively.
Section 18.116.030. Off -Street Parking And Loading
The proposed amendments correct a scrivener's error to the "Street Parking Lot Design Table"
column and row identifiers to accurately conform with listed standards under DCC
18.116.030(G).
EXHIBIT U - Ordinance No. 2026-006 Page 3 of 7
Temporary Natural Disaster Dwelling Amendments
Section 18.116.095. Recreational Vehicle As A Temporary Dwelling On An Individual Lot
Or Parcel
Section 19.88.310. Recreational Vehicle As A Temporary Dwelling On An Individual Lot Or
Parcel
Natural disaster hardship dwellings were originally established as a lawful use statewide
pursuant to House Bill (HB) 2809 (2021). This bill allows the temporary establishment of a
recreational vehicle as a dwelling unit if a primary dwelling unit on a property is damaged due
to a natural disaster event. Previously this use was permitted for a period of twenty-four months
from the date of a qualifying event, however HB 2898 (2023) extended this approval window to
five years. Additionally, this use was not included within Title 19 areas when the provision was
initially adopted in Deschutes County, and the proposed amendments now clarify that this is a
use allowed within Title 19 zones.
Residential Homes And Residential Facilities
Section 18.116.210. Residential Homes And Residential Facilities
Section 19.88.330. Residential Homes And Residential Facilities
The most recent housekeeping amendments (Ordinance 2024-008) modified previous
Deschutes County standards regarding residential homes and residential facilities across all
zones to match the state statutory standards of ORS 197.665 and 197.667, respectively.
The intent of these previous amendments was to continue allowing residential homes and
residential facilities in all areas where they were previously allowed, except those specific zoning
districts which are now precluded by statute. However, residential facilities were unintentionally
excluded from certain zones which previously would have allowed the use. The proposed
amendments would reinstate those uses in the relevant zones, and establish a consistent
summary table of zones where residential homes and facilities are allowed in Deschutes County
to reduce confusion from citizens and planning staff.
The proposed amendments also remove all chapter -specific references to residential homes
and facilities within the respective zoning districts, correct references associated with
renumbering uses, and add a new residential homes and facilities chapter to Title 19 (DCC
19.88.330), matching the framework outlined in Title 18. 11
Spectrum Act Amendments
Section 18.116.250. Wireless Telecommunication Facilities
Section 19.88.300. Wireless Telecommunication Facilities
EXHIBIT U - Ordinance No. 2026-006 Page 4 of 7
In 2012, the Middle Class Tax Relief and job Creation Act, or "Spectrum Act," was passed. This
large omnibus bill addressed multiple issues, including reducing barriers for wireless
telecommunication facilities. Expanding wireless infrastructure promotes economic
development, provides service to rural residents, and helps build resiliency within
communication networks. In addition, improving these networks will benefit first responders
and other public services that rely on them. Section 6409(a) of the Spectrum Act specifically
prohibited local jurisdictions from denying an "eligible facilities request," which is colocation of
equipment or minor modifications to existing towers and base stations.
In 2014, the Federal Communications Commission (FCC) adopted rules to clarify section 6409(a)
of the Spectrum Act of 2012. These rules provided guidance for local jurisdictions on how to
implement the Spectrum Act, particularly for jurisdictions that had existing, more restrictive
criteria for wireless facilities. Perhaps most importantly, the 2014 rules provided the following
definition of an "eligible facilities request."
...any request for modification of an existing tower or base station that does not
substantially change the physical dimensions of such tower or base station, involving: (i)
Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii)
Replacement of transmission equipment.
The guidelines provided clarity to cities and counties regarding the types of wireless
telecommunications applications that must be approved. The rules adopted in 2014 also
included a new 60-day 'shot clock,' in which the County must approve an "eligible facilities
request." The 2014 order from the FCC states that if a jurisdiction does not approve or deny a
request within 60 days, it "shall be deemed granted." This timeline is significant because request
for wireless telecommunications facilities were previously subject to a 90-day'shot clock,' per
federal law.
The review process outlined in the Spectrum Act does not align with Deschutes County Code,
which reviews wireless telecommunications facilities pursuant to DCC 18.116.250. The proposed
amendments will update Deschutes County Code so it is consistent with federal regulations. The
County may be vulnerable to appeals, and other types of legal action, if it denies a request for
an eligible facilities request, and therefore violates the Spectrum Act. The proposed
amendments also add a new section with Title 19 (DCC 19.88.300) detailing the requirements
for wireless telecommunication facilities and the Spectrum Act within Title 19 zones.
Section 18.116.290. Amateur Radio Facilities
The proposed amendments correct a misaligned reference dealing with height limitation
exceptions for amateur radio facilities from DCC 18.120.040(A)(1) to DCC 18.120.040(A)(5).
EXHIBIT U - Ordinance No. 2026-006 Page 5 of 7
Section 18.128.170. Recreational Vehicle Park
In accordance with ORS 197.493.1.b.A, local governments may not impose any limit on the length
of occupancy of a recreational vehicle as a residential dwelling if the recreational vehicle is
located in a manufactured dwelling park, mobile home park, or recreational vehicle park. The
current Deschutes County Code includes a limitation that no recreational vehicle may remain in
a recreational vehicle park for longer than 30 days in any 60-day period. The proposed
amendments strike this standard to maintain alignment with state statute.
Temporary Hardship Dwelling Amendments
Section 19.12.020 Permitted Uses
Section 19.20.020 Permitted Uses
Section 19.22.020 Permitted Uses
Section 19.88.320 Manufactured Dwelling Or Recreational Vehicle As A Temporary Hardship
Dwelling
A recent set of text amendments (file no. 247-25-000078-TA) updated the requirements for
temporary hardship dwellings to conform with state law and provide consistency for the review of
hardship dwellings across multiple county zones. Staff determined late in the adoption process that
updates to Title 19 were required, but not included in the original scope of the amendment package.
The proposed amendments herein will update sections DCC 19.12, DCC 19.20, and DCC 19.22 to
explicitly list a temporary hardship dwelling as a permitted use. Additionally, a new chapter is
proposed (DCC 19.88.320) which enumerates and clarifies the requirements for temporary hardship
dwellings in Title 19 to match the current standards in Title 18.
Title 19 Review Body Amendments
Section 19.04.040 Definitions
Section 19.80.040 Number of Spaces Required
Section 19.88.070 Keeping of Livestock
Section 19.88.170 Housing For The Elderly
Section 19.92.060 Authorization For Similar Uses
Section 19.92.100 Mines, Quarries, Gravel Pits Or Gravel Removal Sites
Section 19.116.010 Amendments
EXHIBIT U - Ordinance No. 2026-006 Page 6 of 7
There is confusion within Title 19 zones regarding who the appropriate review body should be for
both quasi-judicial and legislative matters. In certain cases, there is reference to the "Planning
Commission," which in Title 19 is currently defined as "the Planning Commission of the Bend Urban
Area." However, staff notes that the Planning Commission of the Bend Urban Area is no longer a
functional review body, and thus it is unclear who should perform reviews under those particular
cases.
The proposed amendments replace "Planning Commission" references within Title 19 to the
"Planning Director or Hearings Body." This language matches current standards within Title 18 and
aligns review body procedures across both Title 18 and 19. Finally, given the defunct status of the
Planning Commission of the Bend Urban Area, the definition for "Planning Commission" has been
removed from Title 19.
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.
EXHIBIT U - Ordinance No. 2026-006 Page 7 of 7
�vZES Co
C, G
BOARD OF
-•�,� COMMISSIONERS
MEETING DATE: April 22, 2026
SUBJECT: Second Reading of Ordinance 2026-006: 2026 Housekeeping Text Amendments
RECOMMENDED MOTIONS:
1. Move approval of second reading of Ordinance 2026-006 by title only.
2. Move adoption of Ordinance 2026-006.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division regularly amends Deschutes County Code (DCC) and the
Comprehensive Plan to correct minor errors identified by staff, other County departments,
and the public. This process, commonly referred to as Housekeeping, also incorporates
updates from rulemaking at the state level through amendments to Oregon Revised
Statutes (ORS) and Oregon Administrative Rules (OAR), and allows for less substantive code
changes to continue efficient County operations.
Following a public hearing on April 8, 2026, the Board closed the open record period and
commenced deliberations that same day. The Board voted unanimously to approve the
proposed amendments and held first reading of the ordinance following deliberations.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Senior Planner
Will Groves, Planning Manager
Nicole Mardell, Principal Planner
L�vI ES CO
2
a $ -4 COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Kyle Collins, Senior Planner
Will Groves, Planning Manager
Nicole Mardell, Principal Planner
DATE: April 13, 2026
SUBJECT: Second Reading of Ordinance 2026-006: 2026 Housekeeping Text
Amendments
The Board of County Commissioners (Board) will consider a second reading of Ordinance
2026-006 on April 22, 2026 related to 2026 Housekeeping Amendments to the Deschutes
County Code (DCC). The second reading of the Ordinance follows the conclusion of Board
deliberations and the Board's first reading on April 8, 2026.
All record materials can be found on the project website: bit.ly/00007TA
I. BACKGROUND
The Planning Division regularly amends Deschutes County Code (DCC) and the
Comprehensive Plan to correct minor errors identified by staff, other County departments,
and the public. This process, commonly referred to as Housekeeping, also incorporates
updates from rulemaking at the state level through amendments to Oregon Revised
Statutes (ORS) and Oregon Administrative Rules (OAR), and allows for less substantive code
changes to continue efficient County operations.
The last time Deschutes County adopted housekeeping amendments occurred in October
2024'
II. OVERVIEW OF AMENDMENTS
As summarized in the attached ordinance and exhibits, the proposed text amendments will
affect the following chapters of the Deschutes County Code:
1 Ordinances 2024-008.
Title 18, County Zoning
Chapter 18.16. EXCLUSIVE FARM USE ZONES
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE; MUA
Chapter 18.60. RURAL RESIDENTIAL ZONE; RR-10
Chapter 18.65. RURAL SERVICE CENTER; UNINCOPORATED COMMUNITY ZONE
Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS
Chapter 18.74. RURAL COMMERCIAL ZONE
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
Chapter 18.110. RESORT COMMUNITY ZONE
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Chapter 18.128. CONDITIONAL USE
Title 19, Bend Urban Growth Boundary Zoning Ordinance
Chapter 19.04.
TITLE, COMPLIANCE, APPLICABILITY AND DEFINITIONS
Chapter 19.12.
URBAN AREA RESERVE ZONE UAR-10
Chapter 19.20.
SUBURBAN LOW DENSITY RESIDENTIAL ZONE; SR 2 1/2
Chapter 19.22.
WESTSIDE TRANSECT ZONE; WTZ
Chapter 19.28.
URBAN STANDARD RESIDENTIAL ZONE; RS
Chapter 19.80.
OFF-STREET PARKING AND LOADING
Chapter 19.88.
PROVISIONS APPLYING TO SPECIAL USE STANDARDS
Chapter 19.92.
INTERPRETATIONS AND EXCEPTIONS
Chapter 19.116.
AMENDMENTS, APPEALS AND PROCEDURES
111111. HEARING PROCESS
The Planning Commission (Commission) held a public hearing concerning the proposed
amendments on February 12t", 2026.2 Following the hearing, the Commission closed both
the oral and written records, and held deliberations that same day. The Commission
unanimously (7-0) recommended approval of the proposed amendments.
Following a public hearing on April 8, 20263, the Board closed the open record period and
commenced deliberations that same day. The Board voted unanimously (2-0, Commissioner
Adair was not in attendance) to approve the proposed amendments and held first reading
of the Ordinance following deliberations.
IV. SECOND READING
The Board is scheduled to conduct the second reading of Ordinance 2026-006 on April 22,
2026, fourteen (14) days following the first reading.
2 See Deschutes County Planning Commission February 121", 2026 Agenda for more information:
https•//www.deschutes.org/bc-pc/page/planning-commission-77
3 See Board of County Commissioners April 81h, 2026 Agenda for more information:
https•//www deschutes.org/bcc/page/board-county-commissioners-meeting-293
Page 2 of 3
Attachments:
1) Ordinance 2026-006: Staff Report & Text Amendments
Page 3 of 3