HomeMy WebLinkAboutOrdnc 010 - Changes to be Consistent with StateDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 28, 2014
Please see directions for completing this document on the next page.
DATE: April 23, 2014
FROM: Paul Blikstad Department CD D Phone # 6554
TITLE OF AGENDA ITEM:
Consideration of First and Second Readings, by Title Only, and Adoption by Emergency, of Ordinance
2014-010, to amend Title 18, Chapter 18.16, Exclusive Farm Use Zone to make the Deschutes County
Code consistent with State law.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Planning Staffhas initiated a Text Amendment process to update the Deschutes County Code to
incorporate changes to the Oregon Revised Statutes and Oregon Administrative Rules for the Exclusive
Farm Use Zone. These amendments were reviewed by the Deschutes County Planning Commission
and were recommend for approval to the Board. The Board held a public hearing on the proposed
changes on April 2, 2014, and approved the proposed changes, and also determined that the ordinance
would be adopted by emergency.
FISCAL IMPLICATIONS:
Since this is a Staff initiated text amendment, all costs are being borne by Community Development.
RECOMMENDATION & ACTION REQUESTED:
Conduct first and second readings of Ordinance 2014-010, and sign the Ordinance.
ATTENDANCE: Paul Blikstad, Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Planning Staff will handle the distribution of documents, including notice of adoption to the Oregon
Department of Land Conservation and Development.
1/1
REVIEWED
-tL-
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
Title 18 to be Consistent With State Law in the * ORDINANCE NO. 2014-010
Exclusive Farm Use Zone, and Declaring an *
Emergency. *
WHEREAS, the Deschutes County Community Development Department (CDD) initiated
amendments (Planning Division File No. TA-13-3) to the Deschutes County Code (DCC) Title 18,
Chapter 18.16, Exclusive Farm Use Zone, to incorporate changes to State Law under Oregon Revised
Statutes and Oregon Administrative Rules; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on
February 27, 2014 and forwarded to the Deschutes County Board of Commissioners (Board), a
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 2,
2014, and concluded that the public will benefit from the proposed changes to DCC Title 18; now,
therefore, ~
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. DCC Chapter 18.16, EXCLUSIVE FARM USE ZONES is
amended to read as described in Exhibit "A," attached hereto and by this referenced incorporated herein,
with new language underlined and language to be deleted in strikethrough.
Section 2. FINDINGS. The Board adopts as it findings in support of this Ordinance Exhibit
"B," attached hereto and incorporated by reference herein.
PAGE 1 OF 2 -ORDINANCE NO. 2014-010
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of
the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on
its passage.
Dated this ___of _____, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: __day of _____:, 2014.
Date of 2nd Reading: __day of _____, 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: __day of _____, 2014.
PAGE 2 OF 2-0RDINANCENO. 2014-010
Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outright.
18.16.023. Lawfully Established Dwelling Replacement
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a
Review Under DCC Chapter 18.124 For Items C Through M.
18.16.030. Conditional Uses Permitted -High Value and Non-high Value Farmland.
18.16.031. Nonresidential Conditional Uses on Non-high Value Farmland Only.
18.16.033. Nonresidential 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. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
18.16.010. Purpose.
A. The purpose of the Exclusive Fann Use zones is to preserve and maintain agricultural lands and to serve
as a sanctuary for fann uses.
B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan
and in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in
ORS 30.930 through 30.947.
(Ord. 95-007 §9, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2,1991)
18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are pennitted outright:
A. Fann use as defined in DCC Title 18.
B. Propagation or harvesting of a forest product.
C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction
relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b).
D. Accessory buildings customarily provided in conjunction with fann use.
E. Climbing and passing lanes within the right of way existing as of July 1, 1987.
F. Reconstruction or modification of public roads and highways, including the placement of utility
facilities overhead and in the subsurface of public roads and highways along the public right of way, but
not including the addition of travel lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
G. Temporary public road and highway detours that will be abandoned and restored to original condition or
use when no longer needed.
Chapter 18.16 1 (04/2014)
Page 1 of35 EXHIBIT A to ORDINANCE 2014-010
H. Minor betterment of existing public road and highway-related facilities such as maintenance yards,
weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public
owned property utilized to support the operation and maintenance of public roads and highways.
I. Creation, restoration or enhancement of wetlands.
J. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.16.023.
1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a
condition of approval of a single-family replacement dwelling that the landowner for the dwelling
sign and record in the deed records for the county a document binding the landowner, and the
landown~r'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 30.936to 30.937.
Alteration, restoration or replacement of a la....¥fully establishes swelling that:
1. Has intact exterior '",ails ans roof strueture;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities conneetes to a
sanitary '.'laste sisposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or con"t'erted to an allo'f'lable nonresidential use
within three months of completion of the replacement s'Nelling. A replaeement dwelling may be
sited on any part orthe same lot or parcel, and shall comply 'with all applicable siting standards. If
the d,....elling to be replaced is located on a portioR or the lot or pareel not zoned for ex:clusi"t'e farm
use, the applicant, as a conditioR of approval, shall ex:ecute and record in the deed records for the
county a deed restriction prohibiting the sitiRg ora dVielling on that portion of the lot or parcel. The
restrictioA imposed shall be irre"t'ocable uAless a statemeAt of release is placed in the deed records
for the county. The release shall be sigHed by the COURty or its desigHee and state that the
pro'lisioRS of the statute aRd county code ha¥e changed to allow the sitiRg of another dwelliRg; aRd
6. The replaeemeRt dwelling is su~ect to Ot\R 660 033 0130(30) aRd the County shall require as a
cOAdition or appro'f'al of a single family replacement dwelliRg that the landowner for the dvt'elliAg
sigH and record iA the deed records for the COUAty a documeRt biAdiRg the landovlfler, and the
laAdo'Nner's successors in iAterest, prohibiting them from pursuing a claim for relief or cause of
aetion allegiAg injury from farming or forest practices for '.'/hich RO aetion or claim is allowed uAder
ORS 30.936 to 30.937.
7. An applicant for a replacement dv.'elling may request a deferred replacement dwelling permit.
a. The dwelling to be replaced shall be removed or demolished withiA three mORths after the
deferred replacement permit is issued.
b. l'. deferred replacement permit allows construction of the replacemeRt dV/elling at any time. If,
howe'ller, the established dwelling is not removed or demolished ","ith in three months after the
deferred replacement permit is issued, the replacement permit becomes ¥oid.
c. The replacemeRt dwelling must comply with applicable building codes, plumbing codes,
sanitatioR codes and other requirements relating to health and safety or to siting at the time of
construction.
d. A deferred replacement permit may not be transferred, by sale or otherwise, ex:cept by the
applicaRt to the spouse or child of the applicaAt.
K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the
National Register of Historic Places and on the County inventory as a historic property as defined in
ORS 358.480, and subject to 18.16.020(J)illabove.
I. Wildlife habitat conservation and management plan approved under ORS 215.800 to 215.808 ..
L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
Chapter 18.16 2 (04/2014)
Page 2 of35 EXHIBIT A to ORDINANCE 2014-010
M. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or
structures that end at the point where the utility service is received by the customer and that are located
on one or more of the following:
1. A public right of way;
2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent
property owners has been obtained; or
3. The property to be served by the utility.
N. The land application of reclaimed water, agricultural process or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in
an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the
Department of Environmental Quality under ORS 454.695, 459.205, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246 to
215.251.
O. Fire service facilities providing rural fire protection services.
P. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005
and oil and gas as defined by ORS 520.005, including the placement and operation of compressors,
separators and other customary production equipment for an individual well adjacent to the wellhead.
Any activities or construction relating to such operations shall not be a basis for an exception under
ORS 197.732(2)(a) or (b).
Q. Outdoor mass gathering described in ORS 197.0 15( 1 0)( d), and subject to DCC Chapter 8.16.
R. Composting operations that are accepted farming practices in conjunction with and auxiliary to farm use
on the subject tract as allowed under OAR 660-033-0130(29).
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord.
2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord. 2001-039 § 1, 2001; Ord. 2001-016 §2, 2001; Ord. 98
030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-024 §1,
1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4, 1991; Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord.
81-025 §1, 1981; Ord. 81-001 §1, 1981)
18.16.023. Lawfully Established Dwelling Replacement.
A lawfully established dwelling may be altered, restored or replaced under DCC 18.16.020(J) above if,
when an application for a permit is submitted, the County finds to its satisfaction, based on substantial
evidence that:
A. The dwelling to be altered, restored or replaced met the following when an application for a permit is
submitted:
1. The dwelling has, or formerly had:
a. Intact exterior walls and roof structure;
b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
c. Interior wiring for interior lights;
d. A heating system;
2. The dwelling was assessed as a dwelling for purposes of ad valorem taxation for the previous five
property tax years, or, ifthe dwelling has existed for less than five years, from that time; and
3. Notwithstanding (2) above, if the value of the dwelling was eliminated as a result of either of the
following circumstances, the dwelling was assessed as a dwelling unit until such time as the value
of the dwelling was eliminated:
a. The destruction (i.e. by fire or natural hazard), or demolition in the case of restoration of the
dwelling; or .
b. The applicant establishes to the satisfaction of the County that the dwelling was improperly
removed from the tax roll by a person other than the current owner. "Improperly removed"
Chapter 18.16 3 (04/2014)
Page 3 of35 -EXHIBIT A to ORDINANCE 2014-010
means that the dwelling has taxable value in its present state, or had taxable value when the
dwelling was first removed from the tax roll or was destroyed by fire or natural hazard, and the
county stopped assessing the dwelling even though the current or former owner did not request
removal of the dwelling from the tax roll.
B. For replacement of a lawfully established dwelling under DCC l8.16.020(J):
I. The dwelling to be replaced must be removed, demolished or converted to an allowable
nonresidential use:
a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to
ORS 455.055 and DCC Chapter 15.04; or
b. If the dwelling to be replaced is, in the discretion of the County, in such a state of disrepair that
the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date
set by the County that is not less than 90 days after the replacement permit is issued; and
c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant
must first obtain approval from the County for the new location.
2. The applicant must cause to be recorded in the deed records of the County a statement that the
dwelling to be replaced has been removed, demolished or converted.
3. Deed Restrictions.
a. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or
parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be
recorded in the deed records of the County a deed restriction prohibiting the siting of another
dwelling on that portion of the lot or parcel.
b. The restriction imposed is irrevocable unless the County Planning Director, or the Director's
designee, places a statement of release in the deed records of the County to the effect that the
provisions of 2013 Oregon Laws, chapter 462, section 2 1!I1 d ORS 215.283 regarding
replacement dwellings have changed to allow the lawful siting of another dwelling.
4. The replacement dwelling:
a. May be sited on any part oftbe same lot or parcel; and
b. Must comply with applicable siting standards such as minimum setbacks. However, the
standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
c. Must comply with applicable building codes, plumbing codes, sanitation codes and other
requirements related to health and safety or to siting at the time ofconstruction. However, the
standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
C. The siting standards ofDCC 18.16.023(D) apply when a dwelling under DCC 18.16.020(J) qualifies for
replacement because the dwelling;
I. Formerly had the features described in DCC 18.16.023(A)(l)(a) through Cd);
2. Was removecJfrom the tax roll as described in DCC 18.16.023(A)(3); or
3. Had a permit that expired as described under DCC 18.16.023CE)(2)
D. The replacement dwelling per DCC 18.16.023(C) must be sited on the same lot or parcel:
I. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line,
forest boundary or another natural boundary of the lot or parcel; and
2. If possible, for the purpose of minimizing the adverse impacts on res()urce use of land in the area,
within a concentration or cluster of structures or within 500 yards of another structure.
2. Replacement dwellings that currently have the features described in DCC ] 8.16.023(A)( l)(a)
through (d) and that have been on the tax roll as described in ] 8.16.023(A)(2) may be sited on any
part of the same lot or parcel.
E. A replacement dwelling permit thatis issued under DCC 18.16.020(J):
I. Is a land use decision as defined in ORS 197.015 where the dwelling to be replaced:
a. Formerly had the features describecJ in DCC ] 8. I 6.023(A)( 1 lea) through(d); or
LWas removed from the tax roll as described in DCC 18.16.023(A)(3).
2. Is not subject to the time to act limits ofORS 215.417; and
Chapter 18.16 4 (04/2014)
Page 4 of35 EXHIBIT A to ORDINANCE 2014-010
3. If expired before January I, 2014, shall be deemed to be valid and effective, if. before January 1,
2015, the holder of the permit:
a. Removes, demolishes or converts to an allowable nonresidential use the dwelling to be
replaced; and
b. Causes to be recorded in the deed records of the County a statement that the dwelling to be
replaced has been removed, demolished or converted.
G. A temporary residence approved under DCC 18.116.080 or 18.116.090 is not eligible for replacement
under this section.
(Ord. 2014-010 §1, 2014)
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.
A. Dwellings customarily provided in conjunction with farm use (farm-related dwellings), subject to DCC
18.16.050.
B. A relative farm assistance dwelling, subject to DCC 18.16.050.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441 and OAR 660-033
0130(2) that are Rot 'NithiR 3 miles of B:R aclrnowledged HrbaR grovrth bOHndary, on non-high value
farmland.
D. Clmrches B:Rd cemeteries iR CORj HRctioR with chHrches cORsisteRt '<'lith GRS 215.4 41 that are withiR 3
miles of B:R aclmowledged I:l:rbB:R gro'<','tH bOHRdal)', sH~ect to GregoR AdmiRistrati'le RHles MG G33
G13G OR nonhigh '1alHe farmlB:Rd .
.QE. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use, subject to Oregon Administrative Rules 660-033-0130.
EF. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating electrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in:
L DCC 18.16.038(A); or
2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS
469.300.
.EG. Winery, as described in ORS 215.452.
GH.Farm stands, subject to DCC 18.16.038.
HI. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
ll. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141,
if the facility that is located on a farm operation that provides at least one-quarter of the farm crops
processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry
products pursuant to ORS 603.038.
a. If a +he building .lli established or used for the processing facility or establishment. the farm
operator may not devote more than shall ROt e}~ceed 10,000 square feet of floor area to the
processing facility or establishment, exclusive of the floor area designated for preparation, storage
or other farm use or de,'ote more thaR 1G,GOG sqHaro feet to the processiflg activities withifl another
bHildiflg sHpportiflg funn Hses.
b. A processing facility or establishment must sflal.l comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the processing facility.
c. The County shall not approve any division of a lot or parcel that separates a processing facility or
establishment from the farm operation on which it is located.
JK. Agri-tourism and other commercial events and activities subject to DCC 18.16.042.
K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January 1,
2013, when:
Chapter 18.16 5 (04/2014)
Page 5 of35 -EXHIBIT A to ORDINANCE 2014-010
I. The number of dogs participating in training does not exceed 10 per training class and the number
of training classes to be held on-site does not exceed six per day; and
2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing
trials to be conducted on-site does not exceed four per calendar year.
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord.
2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004)
18.16.030. Conditional Uses Permitted -High Value and Non-high Value Farmland.
The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or non
high value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and
18.16.050, and other applicable sections of DCC Title 18.
A Nonfarm dwelling.
B. Lot of record dwelling.
C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings.
D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in
conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the
existing resident or a relative of the resident.
E. A dVf'Ellling in conjunction with a wildlife habitat conservation and managemeRt plan.
EF. Commercial activities that are in conjunction with farm use, but not including the processing of farm
crops as described in DCC 18.16.025.
EG. 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.
GM.Expansion of an existing private park, playground, hunting and fishing preserve and campground on the
same tract as the existing use.
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.
Ii. Community centers owned by a governmental agency or a nonprofit organization and operated
primarily by and for residents ofthe local rural community.
I. 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 I, 2006.
2. The services may not include direct delivery of medical, mental health, disability income
replacement or substance abuse services.
JK Transmission towers over 200 feet in height.
Kb.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.
1M.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.
MN.Home Occupation, subject to DCC ] 8.116.280.
1. The home occupation shall:
a. be operated substantially in the dwelling or other buildings normally associated with uses
permitted in the EFU zone;
Chapter 18. I 6 6 (0412014)
Page 6 of35 -EXHIBIT A to ORDINANCE 2014-010
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.
NQ.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).
I. 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 parcel of land or
contiguous land where the primary processing facility is located.
GP. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not
resulting in the creation of new land parcels.
:EQ. Reconstruction or modification of public roads and highways involving the removal or displacement of
buildings, but not resulting in the creation of new land parcels.
QRlmprovement 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 parcels.
RS. 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.
I. Insect species shall not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture.
2. The county shall provide notice of all applications under this section to the State Department of
Agriculture.
3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar
days prior to any administrative decision or initial public hearing on the application.
s.+. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If
approved, this use is subject to the recording of the statement listed in DCC 18.16.020(J)Q).
ItT.Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland.
U¥.Roads, highways and other transportation facilities, and improvements not otherwise allowed under
DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first
granted under state law. Transportation uses and improvements may be authorized under conditions
and standards as set forth in OAR 660-012-0035 and 660-012-0065.
VW.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.
WX:.A living history museum.
X¥.Operations for the extraction and bottling of water.
Y~.Transportation improvements on rural lands allowed by OAR 660-012-0065.
ZAA.Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by
county fair boards established pursuant to ORS 565.210.
AAExtended outdoor mass gatherings, subject to DCC 8.16.
BRA 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.
CC.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.
DD.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.
Chapter 18.16 7 (04/2014)
Page 7 of35 -EXHIBIT A to ORDINANCE 2014-010
EE. 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(AXI and 2).
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §l, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-025
§1, 1995; Ord. 95-007 §11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §2, 1991; Ord.
91-020 §1, 1991; Ord. 91-014 §1, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §1, 1990; Ord. 90-014 §§23 and
31,1991; Ord. 87-013 §1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983)
18.16.031. Conditional Uses on Non-high Value Farmland Only.
The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute non-high
value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other
applicable sections ofDCC Title 18.
A. Dog kennel.
ARA site for the disposal of solid waste approved by the governing body of a city or County or both and for
which a permit has been granted under ORS 459.245 by the Department of Environmental Quality
together with equipment, facilities or buildings necessary for its operation.
J!G.Golf course and accessory golf course uses as defined in DCC Title 18 on land determined not to be
high value farmland, as defined in ORS 195.300 . .e.g.Except for those composting facilities that are a farm use as allowed under DCC 18.16.020, composting
operations and facilities for which a permit has been granted by the Oregon Department of
Environmental Quality under OAR 340-093-0050 and 340-096-0060.
1. Buildings and facilities used in conjunction with the composting operation shall only be those
required for the operation of the subject facility.
2. On-site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are
transported in one vehicle.
3. A composting facility use shall be subject to DCC ] 8.16.040(N) .
.QE.Private parks, playgrounds, hunting and fishing preserves and campgrounds.
EF. Public or private schools for kindergarten through grade 12, including all buildings essential to the
operation of a school, primarily for residents of the rural area in which the school is located, subject to
the applicable Oregon Administrative Rules.
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord.
2004-001 §2, 2004; Ord. 95-007 § 12, 1995)
18.16.033. Conditional Uses on High Value Farmland Only.
In addition to those uses listed in DCC 18.16.030 above, the f01l0wing uses may be allowed on tracts in the
Exclusive Farm Use Zones that constitute high value farmland subject to applicable provisions of the
Comprehensive Plan and DCC 18.16.040 and other applicable sections ofDCC Title 18.
A. Maintenanee, enAaneement or expansion of dog kennels existing as of March 1, 1994, subject to other
requirements of law. New dog kennels are prohibited.
ARMaintenance, enhancement or expansion of a site for the disposal Qf solid waste approved by the
County for which a permit has been granted under ORS 459.245 by the Oregon Department of
Environmental Quality together with equipment, facilities or buildings necessary for its
operationdescribed in ] 8.16.031 (B) existing as of March 1, 1994, subject to other requirements of law.
New such sites are prohibited.
J!G.Maintenance, enhancement or expansion of golf course and accessory golf course uses as defined in
DCC Title 18 existing as of March I, 1994, subject to other requirements of law. New such uses are
prohibited. Expanded courses may not exceed 36 holes total.
Chapter 18.16 8 (04/2014)
Page 8 of35 -EXHIBIT A to ORDINANCE 2014-010
~.Q.Additions or expansions to existing public or private schools on high value farmland, for kindergarten
through grade 12, including all buildings essential to the operation of a school, subject to the applicable
Oregon Administrative Rules.
(Ord. 2014-010 §1, 2014; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord.
95-007 § 13, 1995)
18.16.035. Destination Resorts.
Destination resorts may be allowed, where mapped, as a conditional use, subject to all applicable standards
of the Destination Resort Zone.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 § 3,1992; Ord. 92-004 § 3, 1992)
18.16.037. Guest Ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock operation,
using accepted livestock practices that qualifies as a farm use under Dee 18.04.030, subject to the
applicable provisions set forth in Dee 18.16.040(A)(1), (2) and (3), the applicable provisions of nee
18.128, and the provisions of the applicable Oregon Revised Statutes. A guest ranch shall not be
located within the boundaries of or surrounded by:
(1) A federally designated wilderness area or a wilderness study area:
(2) A federally designated wildlife refuge;
(3) A federally designated area ofcritical environmental concern; or
(4) An area established by an Act of eongress for the protection of scenic or ecological resources.
B. "Guest ranch" means a facility for overnight guest lodging units, including passive recreational
activities and food services, as set forth in ORS 215 that are incidental and accessory to an existing
livestock operation that qualifies as a farm use under Dee 18.04.030.
e. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient
overnight lodging and not for a permanent residence accommodations.
D. For the purposes of Dee 18.16.037, "livestock" means cattle, sheep, horses, and bison.
E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or
parcel that separates a guest ranch from the dwelling of the person conducting the livestock operation
shall not be allowed.
F. Notwithstanding Dee 18.16.055, a proposed division ofland in an exclusive farm use zone for a guest
ranch shall not be allowed.
(Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §I, 2009; Ord. 2001-043 §t, 2001; Ord.
98-056 § 1, 1998)
Note: Dee 18.16.037 will be repealed January 2, 2018 (Ord. 2012-007 §2, 2012; Ord. 2010-017 §1, 2010).
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
A. A utility facility necessary for public use allowed under Dee 18.16.025 shall be one that must be sited
is Reeessary to be situated in an agricultural zone in order for service to be provided. To demonstrate
that a utility facility is necessary, an applicant must show that reasonable alternatives have been
considered and that the facility must be sited in an exclusive farm use zone due to one or more of the
following factors:
I. Technical and engineering feasibility;
2. The proposed facility is locationally dependent. A utility facil ity is locationally dependent if it must
cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and nonresource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
Chapter 18.16 9 (04/2014)
Page 9 of35 EXHIBIT A to ORDINANCE 2014-010
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may
not be the only consideration in determining that a utility facility is necessary for public service.
Land costs shall not be included when considering alternative locations for substantially similar
utility facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible for restoring, as
nearly as possible, to its former condition any agricultural land and associated improvements that
are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the
facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a contractor the responsibility for
restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as
defined by OAR 660-011-0060(1)(t) in an exclusive farm use zone shall be subject to the provisions
of OAR 660-011-0060.
10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by
and subject to regulation by the Federal Energy Regulatory Commission.
11. The County shall impose clear and objective conditions on an application for utility facility siting to
mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to
farm use, in order to prevent a significant change in accepted farm practices or a significant increase
in the cost of farm practices on surrounding farmlands.
12. Utility facilities necessary for public service may include on-site and off-site facilities for temporary
workforce housing for workers constructing a utility facility. Such facilities must be removed or
converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when project
construction is complete. Off-site facilities allowed under this provision are subject to OAR 660
033-0130(5). Temporary workforce housing facilities not included in the initial approval may be
considered through a minor amendment request. A minor amendment request shall have no effect
on the original approvaL
B. Wineries are subject to the following:
1. A winery, authorized under DCC 18.16.025 is a facility that produces wine with a maximum annual
production of:
a. Less than 50,000 gallons and:
I. Owns an on-site vineyard of at least 15 acres;
II. Owns a contiguous vineyard of at least 15 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a
vineyard contiguous to the winery; or
iv. Obtains grapes from any combination of i, ii or iii ofthis subsection; or
b. At least 50,000 gallons and the winery:
I. Owns an on-site vineyard of at least 40 acres;
Ii. Owns a contiguous vineyard of at least 40 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a
vineyard contiguous to the winery; ef
iv. Owns an on-site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least
40 additional acres of vineyards in Oregon that are located within .15 miles of the winel)'
site; or
v. Obtains grapes from any combination of i., ii., ef iii., or iv of this subsection.
;h A ..,.."inery may:
a. Market and sell wine prodl:lced in conjl:lnctiofl 'Nith the 'liinef)', including the follovling
activities:
l. Wine tours;
ii. Wine tastings in a tasting room or other location at the winef)';
Chapter 18.16 10 (04/2014)
Page 10 of35 EXHIBIT A to ORDINANCE 2014-010
1Il. Wine clubs; and
iv. Similar aeti'lities conducted fur the primary purpose of promoting 'Nine produced iH
conjunetion witH the winery;
b. Market aRd sell items direetly related to the sale or promotion of wine produced in conjunction
witH the '>vinery, the marketing aRd sale of which is iHcidental to retail sale of wine on site,
including fuod and beverages served by a limited service restaurant, as defined in ORS
624.010; and
2. In addition to producing and distributing wine, a winery established under this section may:
a. Market and sell wine produced in conjunction with the winery.
b. Conduct operations that are directly related to the sale or marketing of wine produced in
conjunction with the winery, including:
1. Wine tastings in a tasting room or other location on the premises occupied by the winery;
ii. Wine club activities:
iii. Winemaker luncheons and dinners;
iv. Winery and vineyard tours;
v. Meetings or business activities with winery suppliers, distributors, wholesale customers and
wine-industry members:
vi. Winery staff activities:
vii. Open house promotions of wine produced in conjunction with the winery; and
viii. Similar activities conducted for the primary purpose of promoting wine produced III
conjunction with the winery.
c. Market and sell items directly related to the sale or promotion of wine produced in conjunction
with the winery, the marketing and sale of which is incidental to on-site retail sale of wine,
including food and beverages:
I. Required to be made available in conjunction with the consumption of wine on the
premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
II. Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this
subsection.
d. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject
to subsections of this section.
e. Host charitable activities for which the winery does not charge a facility rental fee.
3. On-site kitchen.
a. A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under
ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection
(2)(c) of this section.
b. Food and beverage services authorized under subsection (2)(c) of this section may not utilize
menu options or meal services that cause the kitchen facilities to function as a cafe or other
dining establishment open to the public.
4. The gross income of the winery from the sale of incidental items or services provided pursuant to
subsection (2)(c) to ee) of this section may not exceed 25 percent of the gross income from the on
site retail sale of wine produced in conjunction with the winery.
a. The gross income of the winery does not include income received by third parties unaffiliated
with the winery.
b. At the request of the County, who has land use jurisdiction over the site of a winery, the winery
shall submit to the County a written statement that is prepared by a certified public accountant
and certifies the compliance of the winery with this subsection for the previous tax year.
5. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the
tract occupied by the winery.
Chapter 18.16 11 (04/2014)
Page 11 of35 -EXHIBIT A to ORDINANCE 2014-010
6. If a winery approved under DCC 18.16.038(B)(5) conducts agri-tourism or other commercial
events, the winery may not conduct agri-tourism or other commercial events or activities authorized
under Deschutes County Code 18.16.042.
c. Provide services, including pri-tate e>t'eRts, hosted by the winery or patrons of the '!vinery, at
whioh -.vine produoed in conjunotiOfl with the winery is featured, that:
i. Are direetly related to the sale or promotion of wine produoed in oonjunotion with the
winery;
ll. Are inoidental to the retail Sftle of '<'lme on site; and
Ill. Are limited to 25 days or fe>...'ef in a caleRdar year.
lJ.. Gross Income.
a. The gross income of the winery from any activity other than the production or sale of wine may
not exceed 25 percent of the gross income from the on-site retail of wine produced in
conjunction with the winery.
b. The gross income of the winery does not include income received by third parties unaffiliated
with the winery. the sale of inoidental items pursuant to subsection (2)(b) of this seetion and
services provided pursuant to subseotion (2)(0) of this section may not exoeed 25 percent of the
gross inoome from the on site retail sale of wine produoed in oonjunction with the '''''inery.
c. The winery shall submit to the Deschutes County Community Development Department a
written statement, prepared by a certified public accountant, that certifies compliance with this
section for the previous tax year by April 15 of each year in which private events are held.
~4. A winery operating under this section shall provide parking for all activities or uses on the lot,
parcel or tract on which the winery is established.
%. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show
that vineyards described in subsections (B)(1) ofthis section have been planted or that the contract
for the purchase of grapes has been executed, as applicable.
10&. The siting of a winery shall be subject to the following standards:
a. Establishment of a setback of at least 100 feet from all property lines for the winery and all
public gathering places, unless the County grants an adjustment or vl!riance allowing a setback
of less than 100 feet.
b. Shall comply with DCC Chapter 18.80, Airport Safety Combining Zone, and DCC 18.116.180,
Building Setbacks for the Protection of Solar Access.
11+. As used in this section, "private events" includes, but is not limited to, facility rentals and
celebratory gatherings.
12&. The winery shall have direct road access and internal circulation.
119. A winery is subject to the following public health and safety standards:
a. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone
hand washing stations.
b. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including
set-up and take-down oftemporary structures.
c. Noise control.
i. All noise, including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or unamplified,
shall be in compliance with applicable state regulations.
II. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on-site at all times during private
events.
d. Adequate traffic control must be provided by the property owner to address the
following:
Chapter 18.16 12 (0412014)
Page 12 of35 -EXHIBIT A to ORDINANCE 2014-010
1. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
II. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition ofthe Manual of Uniform Traffic Control Devices.
e. Structures.
1. All permanent and temporary structures and facilities are subject to fire, health and life
safety requirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
n. Compliance with the requirements of the Deschutes County Building Safety Division shall
include meeting all building occupancy classification requirements of the State of Oregon
adopted building code.
r Inspection of event premises authorization. The applicant shall provide in writing a consent to
allow law enforcement, public health, and fire control officers to come upon the premises for
which the Limited Use Permit has been granted for the purposes of inspection and enforcement
of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone
and nec Chapter 8.08 Noise Control, and any other applicable laws or ordinances.
I4+(). DCC Chapter I8.16.038(B), Sections (2c),(3), (7) and (9) sunset on January 1,2014.
C. Farm stands are subject to the following:
1. The structures are designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the local agricultural area,
including the sale of retail incidental items and fee-based activity to promote the sale of farm crops
or livestock sold at the farm stand, if the annual sales of the incidental items and fees from
promotional activity do not make up more than 25 percent of the total annual sales of the farm
stand; and
2. The farm stand does not include structures designed for occupancy as a residence or for activities
other than the sale of farm crops or livestock, and does not include structures for banquets, public
gatherings or public entertainment.
3. As used in this section, "farm crops or livestock" includes both fresh and processed farm crops and
livestock grown on the farm operation, or grown on the farm operation and other farm operations in
the local agricultural area.
4. As used in this subsection, "processed crops and livestock" includes jams, syrups, apple cider,
animal products and other similar farm crops and livestock that have been processed and converted
into another product but not prepared food items.
5. As used in this section, "local agricultural area" includes Oregon or an adjacent county in
Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is
located.
D. A site for the takeoff and landing of model aircraft is subject to the following:
1. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent
foundation unless the building of facility preexisted the use approved under this section.
a. The site shall not include an aggregate surface or hard surface area, unless the surface
preexisted the use approved under this section.
b. An owner of property used for the purpose authorized in this section may charge a person
operating the use on the property rent for the property.
c. An operator may charge users of the property a fee that does not exceed the operator's cost to
maintain the property, buildings and facilities.
d. As used in this section, "model aircraft" means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by
radio, lines or design by a person on the ground.
Chapter 18.16 13 (0412014)
Page 13 of35 -EXHIBIT A to ORDINANCE 2014-010
E. A faeilit)' fur the proeessing of farm erops shall be loeated on a farm operation that provides at least
one Etoarter of the fafffl erops processed at the faeilit)'.
1. The boil ding established fur the proeessing faeilit)' shall not e*eeed 10,000 sEtoare feet of floor area
e*elosi'/e of the floor area designated for preparation, storage or other farm ose or de>.'ote more than
10,000 sEtoare feet to the processing actiYities within another eoilding sopporting farm oses.
2. l'L proeessing facility shall eompl)' with all applicable siting standards, eot the standards shall not be
applied in a manner that prohieits the siting of the processing facility.
3. The COHnt)' shall not approve an;' diyision of a lot or parcel that separates a processing faeility from
the farm operation on which it is located.
E. An associated transmission line is necessary for public service if an applicant for approval under DCC
18.16.025 demonstrates that the line meets either the requirements of I or 2 below.
1. The entire route ofthe associated transmission line meets at least one ofthe following requirements:
a. The associated transmission line is not located on high-value farmland, as defined in ORS
195.300, or on arable land;
b. The associateg transmission line is co-located with an existing transmission line;
c. The associated transmission line parallels an existing transmission line corridor with the
minimum separation necessary for safety; or
d. The associated transmission line is located within an existing right of way for a linear facility,
such as a transmission line, road or railroad, that is located above the surface of the ground.
2. After an evaluation of reasonable alternatives, the entire route of the associated transmission line
meets, subject to DCC 18.16.038(E)(3) and (4) below, two or more of the following factors:
a. Technical and engineering feasibility;
b. The associated transmission line is locationally-dependent because the associated transmission
line must cross high-value farmland, as defined in ORU95.300, or arable land to achieve a
reasonably direct route or to meet unique geographical needs that cannot be satisfied on other
lands;
c. Lack of an available existing right of way for a linear facility, such as a transmission line, road
or railroad, that is located above the surface of the ground;
d. Public health and safety, or
e. Other requirements of state or federal agencies.
3. As pertains to DCC 18.16.038(E)(2), the applicant shall present findings to the County on how the
applicant will mitigate and minimize the impacts, if any, of the associated transmission line on
surrounding lands devoted to farm use in order to prevent a significant change in accepted farm
practices or a significant increase in the cost of farm practices on the surrounding farmland.
4. The County may consider costs associated with any of the factors listed in DCC 18. 16.038(E)(2)
above, but consideration of cost may not be the only consideration in determining whether the
associated transmission line is necessary for public service.
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord.
2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2,2004)
18.16.040. Limitations on Conditional Uses.
A. Conditional uses permitted by DCC 18.16.030 may be established subject to ORS 215.296 and
applicable provisions in DCC 18.128 and upon a finding by the 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.
Chapter 18.16 14 (0412014)
Page 14 of35 -EXHIBIT A to ORDINANCE 2014-010
B. A commercial activity allowed under DCC 18.16.030(gF) shall be associated with a fann use occurring
on the parcel where the commercial use is proposed. The commercial activity may use, process, store or
market fann 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(L) and:
I. 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 fannland, the permanent features of which shall not preclude
more than 20 acres from use as a commercial agricultural enterprise unless an exception is taken
pursuant to ORS 197.732 and Oregon Administrative Rules 660, Division 4.
3. A power generation facility may include on-site and off-site facilities for temporary workforce
housing as allowed under OAR 660-033-0130(17) and (22)
D. A wind power generation facility includes, but is not limited to, the following system components: all
wind turbine towers and concrete pads, permanent meteorological towers and wind measurement
devices, electrical cable collection systems connecting wind turbine towers with the relevant power
substation, new or expanded private roads (whether temporary or permanent) constructed to serve the
wind power generation facility, office and operation and maintenance buildings, temporary lay-down
areas and all other necessary appurtenances, including but not limited to on-site and off-site facilities for
temporary workforce housing for workers constructing a wind power generation facility. Such facilities
must be removed or converted to an allowed use under OAR 660-033-0130(19) or other statute or rule
when project construction is complete. Temporary workforce housing facilities not included in the
initial approval may be considered through a minor amendment request filed after a decision to approve
a power generation facility. A minor amendment request shall be subject to OAR 660-033-0130(5) and
shall have no effect on the original approval. A proposal for a wind power generation facility shall be
subject to the following provisions:
1. For high value fannland 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:
i. Technical and engineering feasibility;
ii. Availability of existing rights of way; and
iii. The long term environmental, economic, social and energy consequences of siting the
facility or component on alternative sites, as determined under OAR 660-033
o130(37)(aXB);
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 660-033-0 130(37Xa) 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
Chapter 18.16 15 (04/2014)
Page 15 of35 EXHIBIT A to ORDINANCE 2014-010
e. The criteria of OAR 660-033-0 130(37)(b) are satisfied.
2. For arable lands, meaning lands that are cultivated or suitable for cultivation, including high-value
farmland soils described at ORS 195 .300( 10), the governing body or its designated must find that:
a. The proposed wind power facility will not create unnecessary negative impacts on agricultural
operations conducted on the subject property. Negative impacts could include, but are not
limited to, the unnecessary construction of roads, dividing a field or multiple fields in such a
way that creates small or isolated pieces of property that are more difficult to farm, and placing
wind farm components such as meteorological towers on lands in a manner that could disrupt
common and accepted farming practices;
b. The presence of a proposed wind power facility will not result in unnecessary soil erosion or
loss that could limit agricultural productivity on the subject property. This provision may be
satisfied by the submittal and county approval of a soil and erosion control plan prepared by an
adequately qualified individual, showing how unnecessary soil erosion will be avoided or
remedied and how topsoil will be stripped, stockpiled and clearly marked. The approved plan
shall be attached to the decision as a condition of approval;
c. Construction or maintenance activities will not result in unnecessary soil compaction that
reduces the productivity of soil for crop production. This provision may be satisfied by the
submittal and county approval of a plan prepared by an adequately qualified individual, show
unnecessary soil compaction will be avoided or remedied in a timely manner through deep soil
decompaction or other appropriate practices. The approved plan shall be attached to the
decision as a condition of approval;
d. Construction or maintenance activities will not result in the unabated introduction or spread of
noxious weeds and other undesirable weeds species. This provision may be satisfied by the
submittal and county approval of a weed control plan prepared by an adequately qualified
individual that includes a long-term maintenance agreement. The approved plan shall be
attached to the decision as a condition of approval.
3. For nonarable lands, meaning lands that are not suitable for cultivation, the governing body or its
designate must find that the requirements of OAR 660-033-0 130(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(3 7)(b) shall apply to the entire project.
E. No aircraft may be based on a personal-use airport identified in DCC 18.16.030(M) 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 ofthe 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
Chapter 18.16 16 (04/2014)
Page 16 of35 -EXHIBIT A to ORDINANCE 2014-010
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 IS.l6.033(C) shall comply with the
definition of "golf course" set forth in DCC Title IS and the provisions ofDCC IS.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 IS.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.
a. 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.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. 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.
d. 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 shaH be related to resource based activities and be owned and operated by a
governmental agency or a local historical society.
a. 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.
b. 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.
~Pre-Application Conference
Chapter 18.16 17 (04/2014)
Page 17 of35 EXHIBIT A to ORDINANCE 2014-010
1. Before an applicant may submit an application under DCC Chapter 22.08 and DCC 18.16.03\ (D),
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(NX3);
b. Hold a pre-application community meeting described in DCC 18.16.040(N)( 6).
2. DCC 18.16.040(NX1)(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
ii. 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-applicationconference:
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)(S) 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 prQvides or would provide one or
more of the following to the proposed disposal site for composting:
i. Water systems;
ii. Wastewater collection and treatment systems, including storm drainage systems.
iii. Transportation systems or transit services;
c. A city or county with territory within its boundaries that may be affected by the proposed
disposal site for composting;
d. The Department of Land Com;ervation and Development;
e. The State Department of Agriculture;
5. The County shall:
a. Provide notice of the pre-application conference to entities described in DCC 18.16.040(N)(S)
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.
6. 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:
i. In a public location in the county with land use jurisdiction; and
ii. 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. ProvideJlotice of the community meeting to:
Chapter 18.16 18 (0412014)
Page 18 of35 -EXHIBIT A to ORDINANCE 2014-010
i. 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:
ii. 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;
111. Neighborhood and community organizations recognized by the governing body of the
County if a boundruy of the organization is within one-half mile of the proposed disposal
site for composting;
IV. A newspaper that meets the requirements ofORS 193.020 for publication;
v. Local media in a press release: and
vi. The entities described in 18.16.040(NX5) above.
7. 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.
8. The applicant's notice provided under DCC 18.l6.040(N)(6Xb) above must include:
a. A brief description of the proposed disposal site for composting;
b. The address and the location ofthe community meeting; and
c. The date and time of the community meeting.
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord.
2006-008 §3, 2006; Ord. 2004-001 §2, 2004; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007
§14, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §1 and 2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991)
18.16.042 Agri-Tourism and other Commercial Events or Activities Limited Use Permit
A. Agri-tourism and other commercial events or activities related to and supportive of agriculture may
be approved in an area zoned for exclusive farm use only if the standards and criteria in this section
are met.
E. Application. The application shall include the following.
1. The General Provisions information required in DCC 22.08.010.
2. A written description of:
a. The proposal.
b. The types of agri-tourism and other commercial events or activities that are proposed to be
conducted, including the number and duration of the agri-tourism and other commercial events
and activities, the anticipated maximum daily attendance and the hours of operation, and how
the agri-tourism and other commercial events or activities will be related to and supportive of
agriculture and incidental and subordinate to the existing farm use of the tract.
c. The types and locations of all permanent and temporary structures, access and egress, parking
facilities, and sanitation and solid waste to be used in connection with the agri-tourism or other
commercial events or activities.
3. A traffic management plan that:
a. Identifies the projected number of vehicles and any anticipated use of public roads;
b. Provides an assurance that one traffic control person shall be provided for each 250
persons expected or reasonably expected to be in attendance at any time during the agri
tourism and other commercial event or activity. The traffic control personnel shaH be
certified by the State of Oregon and shall comply with the current edition of the Manual
of Uniform Traffic Control Devices.
c. Demonstrates that the parcel, lot or tract has direct access such that the lot, parcel or
tract on which commercial events will occur:
1. Fronts on a public road; or
Chapter 18.16 19 (04/2014)
Page 19 of35 -EXHIBIT A to ORDINANCE 2014-010
II. Is accessed by an access easement or private road, and all underlying property
owners and property owners taking access between the subject property and the
public road consent in writing to the use of the road for agri-tourism and other
commercial events or activities at the time of initial application.
4. Inspection of Event Premises Authorization. The applicant shall provide in writing a
consent to allow law enforcement, public health, and fire control officers and code
enforcement staff to come upon the premises for which the Limited Use Permit has been
granted for the purposes of inspection and enforcement of the terms and conditions of
the permit and DCC Chapter IS.16 Exclusive Farm Use Zone and DCC Chapter S.OS
Noise Control, and any other applicable laws or ordinances.
C. Approval Criteria.
1. Type 1. Up to six (6) agri-tourism events in a calendar year on a tract may be approved by a limited
use permit that is personal to the applicant and is not transferred by, or transferred with, a
conveyance ofthe tract, if in compliance with:
a. Criteria set forth in IS.l6.042(C)(2)(d-j).
b. May not, individually, exceed one calendar day.
c. Commercial events or activities are not permitted.
d. Minimum lot or parcel size: 5 acres.
e. Comply with DCC Chapter S.OS Noise Control at all times. Sound amplification and sound
producing devices are prohibited.
f. The maximum attendance is 30 at anyone time for all non-residents of the tract.
g. Where there is a conflict between this section and DCC IS.l6.042(C)(4-12), the more
restrictive criteria shall apply.
2. Type 2. Up to six (6) agri-tourism and other commercial events or activities in a calendar year on a
tract may be approved by a limited use permit that is personal to the applicant and is not transferred
by, or transferred with, a conveyance of the tract, if in compliance with:
a. Minimum lot or parcel size: 10 acres.
b. Agri-tourism events may not, individually, exceed a duration of 72 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 72 consecutive hours.
c. Commercial events or activities may not, individually, exceed a duration of 30 consecutive
hours, excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours of operations is included within the duration of 30 consecutive hours.
d. Must be incidental and subordinate to existing farm use of the tract, and shall be related to and
supportive of agriculture.
e. Set-up and take down of all temporary structures and facilities shall occur up to one business
day prior to the agri-tourism and other commercial events or activities and one business day
after the agri-tourism and other commercial events or activities between 7:00 a.m. and 10:00
p.m.
f. May not require that a new permanent structure be built, used or occupied in connection with
the agri-tourism or other commercial events or activities.
g. May not, in combination with other agri-tourism or other commercial events or activities
authorized in the area, materially alter the stability ofthe land use pattern in the area.
h. Must comply with ORS 2] 5.296.
1. Limited Use Permits approved under this section expire two years from the date of approval.
j. Limited Permits may be renewed for an additional two years subject to:
l. An application for renewal; and
II. Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter IS.16.042.
Chapter 18.16 20 (04/2014)
Page 20 of35 -EXHIBIT A to ORDINANCE 2014-010
3. Type 3. Agri-tourism or other commercial events or activities may be approved by a limited use
permit that is personal to the applicant and is not transferred by, or transferred with, a conveyance
of the tract, more frequently or for a longer period than allowed under 18. 16.042(C)( I) and (2) if
the agri-tourism or other commercial events or activities is in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(dXeXf)(g) and (h).
b. Must be incidental and subordinate to existing commercial farm use of the tract and are
necessary to support the commercial farm uses or the commercial agricultural enterprises in the
area.
c. Minimum lot or parcel size: 160 acres.
d. Do not exceed 18 commercial events or activities in a calendar year.
e. Commercial events or activities may not, individually, exceed a duration of 24 consecutive
hours, excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours of operations is included within the duration of 24 consecutive hours.
f. Agri-tourism events may not, individually, exceed a duration of 72 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 72 consecutive hours.
g. No more than two commercial events or activities may occur in one month.
h. Limited Use Permits approved under this section expire four years from the date of approval.
i. Limited Use Permits may be renewed at four year intervals subject to:
l. An application for renewal;
n. Public notice and public comment as part of the review process.
iii. Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter 18.16.042.
4. The area in which the agri-tourism or other commercial events or activities are located shall be
setback at least 100 feet from the property line.
5. Notification of agri-tourism and other commercial events or activities.
a. The property owner shall submit in writing the list of calendar days scheduled for all agri
tourism and other commercial events or activities by April 1 of the subject calendar year or
within 30 days of new or renewed limited use permits, if after April I, to Deschutes County's
Community Development Department and Sheriff's Office, and all property owners within
500 feet ofthe subject property.
b. The list of calendar dates for all agri-tourism, commercial events and activities may be
amended by submitting the amended list to the same entities at least 72 hours prior to any
date change.
c. If such notice is not provided, the property owner shall provide notice by Registered Mail to
the same list above at least 10 days prior to each agri-tourism and other commercial event or
activity.
d. The notification shall include a contact person or persons for each agri-tourism and other
commercial event or activity who shall be easily accessible and who shall remain on site at all
times, including the person(s) contact information.
6. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand
washing stations.
7. Hours of Operation. No agri-tourism and other commercial event or activity may begin before
7:00 a.m,. or end after 10:00 p.m.
8. Overnight camping is not allowed.
9. Noise Control
a. All noise, including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or
unamplified, shall be in compliance with applicable state regulations.
Chapter 18.16 21 (04/2014)
Page 21 of35 -EXHIBIT A to ORDINANCE 2014-010
b. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on-site at all times during
agri-tourism and other commercial events or activities.
10. Transportation Management.
a. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that
prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
b. Driveways extending from paved roads shall have a paved apron, requiring review and
approval by the County Road Department.
c. The parcel, lot or tract has direct access as defined in DCC Chapter 18.16.042(B)(3X c).
d. Adequate traffic control must be provided by the property owner to address the
following:
I. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uniform Traffic Control Devices.
11. Health and Safety Compliance
a. All permanent and temporary structures and facilities are subject to fire, health and life
safety requirements, and shall comply with all requirements ofthe Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
b. Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the State of
Oregon adopted building code.
12. The maximum number of people shall not exceed 500 per calendar day.
13. Agri-Tourism and other Commercial Events or Activities shall not be allowed:
a. Within the County adopted big game winter ranges during the months of December
through March.
b. Within the County adopted big game migration corridors during the month of April and
during the months of October and November.
c. Within the County adopted sensitive bird and mammal habitat areas as defined in DCC
18.90.020, unless a site has had no nesting attempt or the nest has failed, as determined
by a professional wildlife biologist in May of the calendar year in which the application
is approved unless a site has had no nesting attempt or the nest has failed which could be
determined in May by a professional wildlife biologist.
(Ord.2012-004, §2,2012)
18.16.043 Single Permit.
A. The maximum number of agri-tourism and other commercial events or activities on a lot, parcel
or tract may not exceed the total number of commercial events allowed by any individual land
use approval, including a winery authorized under DCC 18.16.038(B), and events, outdoor mass
gatherings or extended outdoor mass gatherings authorized under DCC Chapter 8.16. B.
The following permits may not be combined:
1. Agri-tourism and other commercial events or activities under DCC 18.16.042,
2. Winery under DCC 18.16.038(8),
3. Events, outdoor mass gatherings, extended outdoor mass gatherings, parades or funeral
processions authorized under DCC Chapter 8.16,
4. Home occupation for commercial events or activities.
(Ord.2012-004,§2,2012)
Chapter 18.16 22 (0412014)
Page 22 of35 EXHIBIT A to ORDINANCE 2014-010
18.16.050. Standards for Dwellings in the EFU Zones.
Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for
each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the
dwelling is placed, signing and recording in the deed records for the County, a document binding the
landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or
cause of action alleging injury from farming or forest practices for which no action or claim is allowed
under ORS 30.936 or 30.937.
A. Farm-related dwellings on non-high value farmland. A dwelling customarily provided in conjunction
with farm use, as listed in DeC 18.16.030(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 home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The 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;
ii. 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;
lit. The dwelling will be occupied by a person or persons who will be principally engaged in
the farm use ofthe land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale;
iv. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K);
2. Median acreage/gross sales test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
I. 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;
II. 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)(i);
iii. 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)(2Xa)(ii). 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.
IV. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size;
v. There is no other dwelling on the subject tract(1), except as allowed under DCC
18.16.020(K); and
VI. 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)(i) and (ii), the County will utilize the methodology contained in Oregon
Chapter 18.16 23 (04/2014)
Page 23 of35 EXHIBIT A to ORDINANCE 2014-010
I
Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC
pursuant to Oregon Administrative Rules 660-33-135(4).
3. Gross annual income test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home 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
$32,500 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.
ii. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
111. The dwelling will be occupied by a person or persons who produced the commodities
which grossed the income in DCC 18.l6.050(AX3)(a)(i); 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 accessory farm dwellings, relative
farm assistance dwellings, temporary hardship dwellings or replacement dwellings
allowed under ORS Chapter 215; and
b. The use of any gross farm revenue earned on the lots or parcels to qualifY another lot or
parcel for a primary farm dwelling;
c. The covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by an authorized representative of the county or counties where the property
subject to the covenants, conditions and restrictions is located;
d. The failure to follow the requirements of this section shall not affect the validity of the
transfer of property or the legal remedies available to the buyers of property which is
subject to the covenants, conditions and restrictions required by this section.
B. Farm related dwellings on high value farmland. On land identified as high-value farmland, a dwelling,
including a manufactured home in accordance with DCC 18.116.070, may be considered customarily
provided in conjunction with farm use if:
I. 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, and the lot or parcel on which the
dwelling is proposed is at least the si~ of the minimtlm lot or parcel size in the subzone. 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);
3. The dwelling will be occupied by a person or persons who produced the commodities which
grossed the revenue under DCC 18.16.050(8)( 1);
Chapter 18.16 24 (04/2014)
Page 24 of35 EXHIBIT A to ORDINANCE 2014-010
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 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.
7. Prior to a dwelling being approved under this section that requires one or more contiguous or
noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue
requirements, the applicant shall provide evidence that the covenants, conditions and restrictions
form attached to Chapter 18.16 has been recorded with the county clerk. The covenants, conditions
and restrictions shall be recorded for each lot or parcel subject to the application for primary farm
dwelling and shall preclude:
a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm
assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS
Chapter 215; and
b. The use of any gross farm revenue earned on the lots or parcels to qualify another lot or parcel
for a primary farm dwelling.
C. Accessory dwelling. A dwelling, including a manufactured home 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:
i. On the same lot or parcel as the primary farm dwelling; or
ii. 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 parcel with all other
contiguous lots and parcels in the tract; or
iii. 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 home 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 home may remain if it is
reapproved under DCC 18.16.050; or
iv. 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 1 8. 1 6.050(A)(3) or (B)( I), 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 $32,500 in gross annual
Chapter 18.16 25 (04/2014)
Page 25 of35 -EXHIBIT A to ORDINANCE 2014-010
sales in the last two years, eF 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 DeC 18.16.050 shall not be
approved for a division of land except as provided for in Dec 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 DeC 18.16.050(G).
D. Relative farm help assistance dwelling.
1. A dwelling listed in DCe 18.1 6.025(B) is allowed when:
a. The subject tract is at least 40 acres in size, l:mless it is demonstrated to the PlaHHiHg Director or
Hearings Body that a smaller unit of land is a commercial farming operation agricultural
enterprise.
b. The suQiect tract is I:Ised fOr farm use;
Qe. The dwelling is a manufactured home and is sited in accordance with DeC 18.116.070, or is a
pre existing site-built home tha:P. t4 VItlS established at least 30 years prior to the date the land
use permit was submitted and (2) is located an a pareel of at least 40 aeres in size and that
meets the minimum irrigated aeres standard fOr the subzone 'within which it is located;
£d. 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 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 underORS 92.010(2-1)(a).
!ie. 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.
~f. Any approval granted under Dec 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 home permitted under DeC 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 home shall be removed from the property if it no longer meets the criteria of DeC
18.16.050 and the approval shall be so conditioned.
Chapter 18.16 26 (04/2014)
Page 26 of35 -EXHIBIT A to ORDINANCE 2014·010
3. A pre eKistiRg dwelling approved under DCC 18.16.050 shall be removed or converted to an
allowable use within one year ofthe date the relative farm help dwelling no longer meets the criteria
ofDCC 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 ofDCC 18.16.0S0(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 ofthe 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:
i. Prior to January 1, 1985; or
ii. 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 ofDCC 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 ofthe tract;
2. For purposes of DCC 18.16.0S0(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 anyone or a combination ofthese family members.
3. For purposes of DCC 18.l6.0S0(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 ofthe 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 18.16.0S0(E)(1)(a) through (t), as determined by the
County; and
b. The requirements of Oregon Administrative Rules 660-33-130(3XcXC), as determined by the
County hearings officer.
2. Applicants under DCC 18.16.0S0{F) shall make their application to the eounty. The County shall
notify the State Department of Agriculture at least 20 calendar days prior to the public hearing
under Dee 18.l6.0S0(F)( 1 )(b).
3. Applicants under Dee 18.16.0S0(F) shall be subject to such other procedural requirements as are
imposed by the Oregon Department of Agriculture.
4. For purposes of Dec 18.16.0S0{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
Chapter 18.16 27 (04/2014)
Page 27 of35 EXHIBIT A to ORDINANCE 2014-010
is the date of creation and existence. Reconfigured means any change in the boundary of the lot,
parcel or tract.
G. Nonfarm dwelling.
1. One single-family dwelling, including a manufactured home 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:
l. 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.
ll. 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 parcel will lead
to creation of other nonfarm parcels, to the detriment of agriculture in the area.
iii. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot
or parcel that is generally unsuitable for the production of farm crops and livestock or
merchantable tree species, considering the terrain, adverse soil or land conditions, drainage
and flooding, vegetation, location and size of the tract.
IV. The proposed nonfarm dwelling is not within one-quarter mile of a dairy farm, feed lot or
sales yard, unless adequate provisions are made and approved by the Planning Director or
Hearings Body for a buffer between such uses. The establishment of a buffer shall be
designed based upon consideration of such factors as prevailing winds, drainage, expansion
potential of affected agricultural uses, open space and any other factor that may affect the
livability of the nonfarm-dwelling or the agriculture of the area.
Road access, fire and police services and utility systems (i.e., electrical and telephone) are
adequate for the use.
v. The nonfarm dwelling shall be located on a lot or parcel created prior to January I, 1993, or
was created or is being created as a nonfarm 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 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 parcel.
b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too
small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold,
leased, rented or otherwise managed as part of a commercial farm or ranch, it is not "generally
unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is
composed predominantly of Class I-VI soils. Just because a 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
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
Chapter 18.16 28 (04/2014)
Page 280[35 -EXHIBIT A to ORDINANCE 2014-010
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. Except as provided in Dee 18.16.050(IX2), 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 eounty Assessor's office that the parcel upon which
the dwelling is proposed has been disqualified under ORS 308A.113 or ORS 308A.116 for special
assessment at value for farm use under ORS 308A.062 or other special assessment under ORS
308A.068, 321.352, 321.730 or 321.815 and that any additional tax or penalty imposed by the
eounty Assessor as a result of disqualification has been paid.
H. Temporary hardship dwelling.
1. A temporary hardship dwelling listed in Dee 18.16.030 is allowed under the following conditions:
a. The dwelling is a manufactured home or recreational vehicle, and is used in conjunction with an
existing dwelling on the lot or parcel;
b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel
only for the term of a hardship suffered by the existing resident or relative of the resident. The
manufactured dwelling shall be removed or demolished within three months of the date the
hardship no longer exists. The recreational vehicle shall not be occupied once the term of the
medical hardship is completed, except as allowed under Dee 18.116.095. A temporary
residence approved under this section is not eligible for replacement under Dee 18.16.020(J);
c. The existence of a medical hardship is verified by a written doctor's statement, which shall
accompany the permit application; and
d. The temporary manufactured home uses the same subsurface sewage disposal system used by
the existing dwelling, provided that the existing disposal system is adequate to accommodate
the additional dwelling. If the manufactured home will use a public sanitary sewer system,
such condition will not be required.
e. If a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a
bathroom, and shall meet the minimum setbacks established under Dee 18.16.070.
2. Permits granted under Dee 18.16.050(H) shall be subject to the provisions of Dee 18.116.090 and
shall be required to meet any applicable DEQ review and removal requirements as a condition of
approval.
3. As used in Dee 18.16.050(H), the term "hardship" means a medical hardship or hardship for the
care of an aged or infirm person or persons.
4. As used in Dee 18.16.050(H), the term "relative" means grandparent, step-grandparent, grandchild,
parent, step-parent, child, step-child, brother, sister, sibling, step-sibling, niece, nephew, uncle, aunt,
or first cousin of the existing resident.
5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under Dee
18.16.040(A)(1-2) and Dee 18.16.020(J).(l)
I. Wildlife conservation plem dwelling.
I. A d'i'telling listed in Dee lS.16.030(G) is allowed when the Plemning Director or the Hearings
Body finds that the proposed dwelling:
a. Is situated on a lot or parcel existing on November 4, 1993, that qualifies for a fann d'Nelling, as
listed in Dee 18.16.030(l\), or a nonfarm dwelling, as listed in Dee IS.16.030(C);
b. Will not force a significant ehaAge in accepted fann Of forest practices on surrounding lemds
de:'f'oted to farm or ferest use;
c. Will not significemtly increase the cost of accepted fann or forest practices on surrounding lands
de'.'oted to farm or forest I:lse;
Chapter 18.16 29 (04/2014)
Page 29 of35 -EXHIBIT A to ORDINANCE 2014-010
d. Will not be established on a lot or pareel that is predominantly eomposed of soils rated Class I
or II, when not irrigated, or rated Prime or Unique by the United States Natural Resourees
Conservation Serviee or any eombination of sueh soils; and
e. Is the only dwelling situated on the affeeted lot or pareel.
2. For a viildlife eonservation plan dwelling approyal based upon nonfarm dwelling eriteria, DCC
18.16.050(1) shall also apply. Unless prior to approval of a eonditional use permit for a'tVildlife
eonservation plan dVo'elling the applieant submits to the assessor eertifieation demonstrating
approval by Oregon Department of Fish and Wildlife of a wildlife eonservation and management
plan and its implementation, the eonditional use permit shall eontain a eondition requiring that the
applieant, prior to issuanee of a building permit for suea dwelling, either 1) submit eertifieation to
the assessor from ODFW demonstrating approyal and implementation of a wildlife eonservation
and management plan qualifying under ORS 215.808 or 2) pay the tax penalties required by DCC
18.16.050(G)(3).
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-0020 §1, 2004; Ord. 2004-013 §2, 2004; Ord. 2004-001 §2, 2004; Ord. 98-033 §1, 1998; Ord. 98-030
§1, 1998; Ord. 95-007 §15, 1995; Ord. 94-026 §1, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §§2 and 3,
1991; Ord. 91-020 §1, 1991)
18.16.055. Land Divisions.
A. General. A division of land in the exclusive fann use zone shall be identified on the land division
application as either an irrigated land division, non irrigated land division, or a division of land for a use
pennitted by Oregon Revised Statutes 215.263 other than a dwelling. An irrigated land division is
subject to subsection B below; a nonirrigated land division is subject to subsection e below; and a land
division for a use other than a dwelling is subject to subsection E below, as well as ORS 215.263.
B. Irrigated land division.
1. An irrigated land division shall be subject to the minimum lot or parcel size requirements of Dee
18.16.065, Subzones, and all applicable requirements ofDee Title 17.
2. Partitions establishing parcels less than the EFU minimum parcel size established under Dee
18.16.065, may be pennitted to create new parcels for nonfann dwellings as follows:
a. If the parent parcel is equal to or greater than the minimum parcel size established under
18.16.065, and is less than 80 acres in size, one new nonfann parcel may be created subject to
the following:
1. Parent parcel was lawfully created prior to July 1, 2001 ;
II. Remainder parcel shall meet the minimum lot size established under 18.16.065;
111. All standards established under 18.16.050(G) for the dwelling shall be met;
IV. No minimum lot size shall be required for the nonfann parcel.
v. The parcel for the nonfann dwelling is generally unsuitable for the production of fann
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. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to fann or forest use in conjunction with other land.
b. If the parent parcel is equal to or greater than the minimum lot size established under 18.16.065,
and is greater than or equal to 80 acres in size, two new nonfann parcels may be created subject
to the following:
i. Parent parcel was lawfully created prior to July 1, 2001 ;
ii. Remainder parcel shall meet the minimum lot size established under 18.16.065;
iii. All standards established under 18.16.050(G) for the dwellings shall be met;
IV. No minimum parcel size shall be required for the nonfarm parcel.
v. The parcels for the nonfann dwellings are generally unsuitable for the production of fann
crops and livestock or merchantable tree species considering the terrain, adverse soil or
Chapter 18.16 30 (04/2014)
Page 30 of35 -EXHIBIT A to ORDINANCE 2014-010
land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
3. The minimum size for new parcels does not mean that farm dwellings may be approved on the new
parcels.
4, New dwellings in conjunction with farm use must satisfy the criteria in DCC 18.16.050.
C. Nonirrigated land division.
I. The minimum lot or parcel size for a non irrigated land division is 80 acres.
2. Notwithstanding 1 above, land divisions creating nonfarm parcels less than the minimum lot size
may be allowed as follows:
a. If the parent parcel is greater than 80 acres in size, up to two new nonfarm parcels may be
allowed subject to the following:
i. Parent parcel was lawfully created prior to July 1,200 I;
11. Remainder parcel shall be at least 80 acres in size;
lll. All standards established under 18.16.050(G) for the dwellings shall be met;
iv. The minimum size for the nonfarm parcels is 5 acres.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
vi. Be located outside of the Horse Ridge East subzone.
b. If the parent parcel is greater than or equal to 40 acres and less than or equal to 80 acres, one
new nonfarm parcel is allowed subject to the following:
l. Parent parcel was lawfully created prior to July I, 2001;
II. Parcels are not capable of producing more than 20 cubic feet per acre per year of wood
fiber;
iii. Parcels are composed of at least 90 percent Class VII and VIII soils, or are composed of at
least 90 percent Class VI through VIII soils and are not capable of producing adequate
herbaceous forage for grazing livestock;
IV. Parcels shall not have established water rights for irrigation;
v. All standards established under 18.16.050(G) for the dwellings shall be met;
vi. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not
be considered unsuitable based solely on size or location if the parcel can reasonably be put to
farm or forest use in conjunction with other land
vii. The minimum parcel size is 5 acres;
Viti. Be located outside of the Horse Ridge East subzone.
D. Partitions in the Wildlife Area Combining Zones must meet the minimum parcel sizes established under
DeC 18.88.050.
£. A division of land for a use listed under ORS 215.263 other than a dwelling. Such divisions shall be
subject to the minimum parcel size requirements of DeC 18.16.060(C), ORS 215.263, and the
applicable partitioning standards, including the general partition standards set forth in DCC 17.22, the
Subdivision and Partition Ordinance.
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §l, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord.
2004-001 §2, 2004; Ord. 2002-016 §I, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §16, 1995; Ord. 94-026
§2, 1994; Ord. 92-065 §3, 1992)
Chapter 18.I 6 31 (04/2014)
Page 31 of35 EXHIBIT A to ORDINANCE 2014-010
18.16.060. Dimensional Standards.
A. The minimum parcel size for irrigated land divisions created subject to DCC Title 17 shall be as
specified under DCC 18.16.065, "Subzones."
B. The minimum parcel size for nonirrigated land divisions created subject to DCC Title 17 is as specified
under DCC 18.16.055(C).
e. The minimum parcel size for aU other uses permitted by Oregon Revised Statutes 215.263 shall be no
greater than the minimum size necessary for the use.
D. Each parcel shall have a minimum street frontage of 50 feet.
E. Building height No building or structure shall be erected or enlarged to exceed 30 feet in height, except
as allowed under DCC 18.120.040.
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord.
2001-016 §2, 2001; Ord. 95-007 §17, 1995; Ord. 93-043 §3, 1993; Ord. 93-004 §1, 1993; Ord. 92-065 §3,
1992; Ord. 92-055 §1, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-020 §1, 1991)
18.16.065. Subzones.
A. Lower Bridge. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
One hundred thirty acres of irrigated land.
B. Sisters/Cloverdale. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Sixty-three acres of irrigated land.
e. Terrebonne. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-five acres of irrigated land.
D. TumalolRedmondiBend. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Twenty-three acres of irrigated land.
E. Alfalfa. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-six irrigated acres.
F. La Pine. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-seven acres of irrigated land.
G. Horse Ridge East. Minimum parcel size for a land division is 320 acres.
(Ord. 2009-014 §l, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord.
95-007 §18, 1995; Ord. 92-065 §3, 1992)
18.16.067. Farm Management Plans.
A. Contents. A farm management plan shall consist of the following components:
1. A written description of existing and/or proposed farm uses, including type of crops or livestock,
size and location of areas for each use, and land or soil preparation required.
2. An assessment of the soils, climate and irrigation on the parcel demonstrating that the parcel is
suitable for the current or proposed use outlined in DCC 18.16.067(A)( 1).
3. A business plan, including a demonstration that markets exist for the product; estimates of gross
sales or actual gross sales figures; estimated or actual figures concerning necessary expenditures;
and a list of capital expenditures incurred or projected to be incurred in establishing the farm use on
the parcel.
Chapter 18.16 32 (04/2014)
Page 32 of35 -EXHIBIT A to ORDINANCE 2014-010
4. A written description of the fann uses in the area, including acreage, size and type of crop or
livestock raised showing that the proposed plan is representative of similar farm uses, if any, in the
area and will not conflict with the existing agriculture types.
5. For fann uses not currently practiced in the area, an analysis showing that the plan is representative
of the type of agriculture proposed.
B. Conditional approvals.
1. For purposes of land use approval, in instances where at the time of application the subject land is
not currently in fann use, a fann management plan will be deemed to demonstrate current
employment of the land for farm use if:
a. The farm management plan establishes a level of fanning that constitutes a farm use;
b. The farm management plan sets forth specific time lines for the completion of capital
improvements (barns, fencing, irrigation, etc.) and for the establishment of the proposed fann
use on the parcel; and
c. Land use approval is subject to a condition that no building pennit for the fann dwelling can be
issued prior to a detennination that pursuant to the fann management plan a fann use has been
established on the subject land.
2. For purposes of detennining under DCC 18.16.067 that a fann use has been established on the land,
the County shall detennine that the farm management plan has been implemented to the extent that
the fann use has achieved the gross farm sales figure required under DCC 18.16.050.
(Ord. 95-007 §19, 1995; Ord. 93-004 §2, 1993; Ord. 92-065 §3, 1992)
18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet
from a property line fronting on a collector street, and 100 feet from a property line fronting on an
arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfann dwelling proposed on property
with side yards adjacent to property currently employed in fann use, and receiving special assessment
for farm use, the side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of25 feet, except that for a nonfann dwelling proposed on property with
a rear yard adjacent to property currently employed in fann use, and receiving special assessment for
fann use, the rear yard shall be a minimum of 100 feet.
D. 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.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 94-008 §16, 1994; Ord. 93-004 §3, 1993; Ord.
92-065 §3, 1992; Ord. 91-038 §§ 1 and 2, 1991; Ord. 89-016 § 1, 1989; Ord. 83-037 §8, 1983)
18.16.080. Stream Setbacks.
To pennit better light, air, vision, stream pollution control, protection of fish and wildlife areas and
preservation of natural scenic amenities and vistas along streams and lakes, the following setbacks shall
apply:
A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the
ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to
the ordinary high water mark. In those cases where practical difficulties preclude the location of the
facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not
endanger health, the Planning Director or Hearings Body may permit the location of these facilities
closer to the stream or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar pennanent fixtures shall be set back from the ordinary high water
mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high
water mark.
(Ord. 91-038 §§1 and 2,1991; Ord. 91-020 §1, 1991)
Chapter 18.16 33 (04/2014)
Page 330[35 -EXHIBIT A to ORDINANCE 2014-010
18.16.090. Rimrock Setback.
Notwithstanding the provisions of Dee 18.16.070, setbacks from rimrock shall be as provided in Dee
18.116.160 or 18.84.090, whichever is applicable.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991;
Ord. 86-053 §5, 1986)
Chapter 18.16 34 (04/2014)
Page 34 of35 EXHIBIT A to ORDINANCE 2014-010
EXHIBIT A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Whereas the undersigned _---::_--:-:-_-:---:----:-:--:--__-:-hereinafter referred to as "Declarant," is
owner in fee simple of the property described Exhibit A attached hereto and by this reference incorporated
herein (the property); and
Whereas, Declarant has received approval to site a manufactured home on the property described herein
pursuant to land use penn it No. for an accessory farm dwelling, issued by Deschutes County
pursuant to Section lS.16.050(C) of the Deschutes County Code;
Whereas Section lS.l6.050(C)(1)(b)(iii) requires as a condition of approval the recording of a deed
restriction in favor of Deschutes County requiring that any manufactured home sited under said pennit be
removed prior to any further conveyance of this property; and
Whereas the Declarant desires to declare hislher intention to create covenants, conditions and restrictions
necessary to effectuate and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and Section
lS.16.050(C) ofthe Deschutes County Code;
Declarant hereby declares that all ofthe property described in Exhibit A shall be held, sold and conveyed
subject to the following covenants, conditions and restrictions in favor of Deschutes County:
Declarant shall cause to be removed any manufactured home sited on the property described herein
pursuant to Deschutes County land use pennit No. for an accessory dwelling prior to any
further conveyance ofthe property.
Declarant's obligations under this covenant shall not be extinguished by any subsequent conveyance
made in disregard of these covenants, conditions and restrictions.
These covenants, conditions, and restrictions shall in addition run with the land and be binding upon any
of the Declarant's successors in interest should the property be transferred in disregard of this covenant.
It is intended that this covenant shall have the same effect as a regulation designed to implement the
comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if
Deschutes County fails to take such action, by any person described in ORS 215 .IS8.
These covenants, conditions and restrictions shall be released by the County upon proof that the
requirements set forth herein have been met.
Dated this ____day of _____
(Signature)
(notary seal)
Chapter 18.16 35 (04/2014)
Page 35 of35 EXHIBIT A to ORDINANCE 2014-010
DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FINDINGS AND DECISION
FILE NUMBER: TA-13-3
APPLICANT: Deschutes County
REQUEST: Text Amendments to: Incorporate changes to State Law for the Exclusive
Farm Use Zone (Chapter 18.16 of Title 18 of the Deschutes County
Code).
STAFF CONTACT: Paul Blikstad, Senior Planner
EMERGENCY:
The adoption of Ordinance No. 2014-010 by emergency is for the following reasons:
1. The County is required to implement State law when the law is mandatory and can adopt
State law when it is conditional. By having our code consistent with State law. it makes
it much easier for staff and the general public to know what standards apply for each
zone in this instance the Exclusive Farm Use Zone, and potential land use applications.
BACKGROUND:
The Planning Division initiated a text amendment to implement the changes to State law made
by the Oregon Legislature (Oregon Revised Statutes), and the Oregon Department of Land
Conservation and Development (Oregon Administrative Rules) for the Exclusive Farm Use
Zone. These changes included bills in the 2013 Legislative session, as well as a bill from the
2012 Legislative session. Changes to the County's land use code require notice to the Oregon
Department of Land Conservation and Development (DLCD), which Staff sent. No significant
comments from DLCD were received, and the Deschutes County Planning Commission
recommended approval of the changes after a hearing conducted on February 27,2014.
The Planning Division held a work session with the Board of County Commissioners on March
31,2014. The Board held a hearing on the amendments on April 2, 2014.
PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the exhibits attached to Ordinance 2014-010.
Below are explanations of the proposed changes.
PAGE 1 -EXHIBIT "B" TO ORDINANCE 2014-010
Title 18 of the Deschutes County Code Amendments:
Chapter 18.16:
The Exclusive Farm Use Zone (Chapter 18.16) needs to be updated to be consistent with
changes made to the Oregon Revised Statutes (ORS) and Oregon Administrative Rules
(OAR's). Staff has incorporated the changes to State law in the Title 18 chapter. The changes
for the EFU zone include: new language for replacement dwellings; how we review churches in
the EFU zone; deleting the provision for a dwelling in conjunction with a wildlife management
plan; amending the standards for wineries to mirror changes to State law; adding language for
an associated transmission line; adding requirements for an applicant wanting to establish a
composting facility; amending the relative farm help dwelling criteria to make it consistent with
state law.
REVIEW CRITERIA AND FINDINGS:
Legislative text amendments are subject to Chapter 22.12 of Title 22 of the Deschutes County
Code. DCC 22.12.010 specifies that no legislative changes shall be adopted without review by
the Planning Commission and a public hearing before the Board of County Commissioners
(Board). A public hearing before the Planning Commission was held on February 27, 2014. A
public hearing before the Board was held on April 2, 2014.
DCC 22.12.030 specifies that initiation of a legislative change may be initiated by the Board.
This change (TA-13-3) was initiated by the Board at the Planning Division's request. DCC
22.12.050 states that all legislative changes shall be adopted by ordinance. The proposed
ordinance affects the proposed changes.
State Statutes and Administrative Rules
Oregon Revised Statutes Chapter 215 establishes the EFU zone and what is allowed within the
zone. ORS 215.283 provides the primary list of uses in the EFU zone, as well as Oregon
Administrative Rules 660-033. The proposed amendments reflect the changes made to both
the ORS and OAR's.
Oregon Administrative Rules 660-006 establishes uses in the Forest zones. The proposed
amendments reflect updates to OAR 660-006.
Statewide Planning Goals
No significant changes to the Goals have been adopted by the Oregon Land Conservation and
Development Commission (LCDC) since the County's Comprehensive Plan was last
acknowledged as being in compliance with the Goals. Therefore, because the proposed
changes are to the County's zoning code that implements the Comprehensive Plan, the Goals
are not applicable to these changes.
PAGE 2 -EXHIBIT uB" TO ORDINANCE 2014-010
Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning
Section 1.3, Land Use Planning Policies
1.3.1 Protect the limited amount of privately-owned land in Deschutes County through
consideration of private property rights and economic impacts to property owners and
the community when creating and revised land use policies and regulations.
1.3.2 Consider sustainability and cumulative impacts when creating and revising land use
poliCies and regulations.
1.3.3 Involve the public when amending County Code.
FINDING: The Board finds that the proposed amendments to the County Code will continue to
protect the privately-owned land in the County. The Board finds that any proposed development
may require a land use review process, which will take into account cumUlative impacts and
sustainability, and will involve public input.
The proposed amendments to the Exclusive Farm Use Zone and Forest Use Zones are based
upon changes made to the Oregon Revised Statutes and Oregon Administrative Rules. The
proposed amendments will make the Deschutes County Code consistent with state law changes
(see below).
Chapter 2, Resource Management
Section 2.2, Agricultural Lands Policies
2.2.1 Retain agricultural lands through Exclusive Farm Use zoning.
2.2.5 Uses allowed in Exclusive Farm Use Zones shall comply with State Statute and Oregon
Administrative Rule.
FINDING: The Board finds that the proposed changes will retain agricultural lands, and the
zoning on these lands will remain EFU and will not change because of the proposed text
amendments. The proposed changes to the Deschutes County Code have been taken directly
from State Statute and Oregon Administrative Rule amendments. Any uses proposed within the
EFU zone must comply with State and County regulations.
Chapter 3, Rural Growth Management
Section 3.6, Public Facilities and Services
PAGE 3 -EXHIBIT "B" TO ORDINANCE 2014-010
3.6.9 New development shall address impacts on existing facilities and plans through the land
use entitlement process.
FINDING: Any new development proposed for the EFU zone will be reviewed during the land
use review process, which would take into account impacts on existing facilities, such as roads,
utilities and fire protection services.
DECISION: Based on the above findings, the Board approves the proposed language of
TA-13-3 and adopts Ordinance No. 2014-010.
PAGE 4 -EXHIBIT "B" TO ORDINANCE 2014·010