HomeMy WebLinkAboutOrdinance 002 - Bend UGB - Code Language - Exhibit AEXHIBIT "A"
Title 19. BEND URBAN GROWTH BOUNDARY ZONING ORDINANCE
Chapter 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS
Chapter 19.08. ESTABLISHMENT OF ZONES AND ZONING MAPS
Chapter 19.12. URBAN AREA RESERVE ZONE UAR -10
Chapter 19.13. URBAN HOLDING (UH -10)
Chapter 19.14. URBAN HOLDING 2 1/2 ZONE (UH -2 1/2 )
Chapter 19.16. SURFACE MINING ZONE - SM
Chapter 19.20. PUBLIC FACILITIES ZONE (PF)
Chapter 19.25. SITE PLAN REVIEW
Chapter 19.30. OFF - STREET PARKING AND LOADING
Chapter 19.35. SPECIAL SETBACK PROVISIONS ON CERTAIN STREETS
Chapter 19.40. PROVISIONS APPLYING TO SPECIAL USE STANDARDS
Chapter 19.45. INTERPRETATIONS AND EXCEPTIONS
Chapter 19.50. NONCONFORMING USES
Chapter 19.55. CONDITIONAL USE PERMITS
Chapter 19.60. PROVISIONS FOR SPECIAL LAND DIVISION
Chapter 19.64. LIGHT INDUSTRIAL ZONE - IL
Chapter 19.65. VARIANCES
Chapter 19.70. REVOCATION OF PERMITS OR VARIANCES
Chapter 19.72. FLOOD PLAIN COMBINING ZONE - FP
Chapter 19.75. AMENDMENTS, APPEALS
Chapter 19.80. ENFORCEMENT AND PENALTIES
Chapter 19.90. SEVERABILITY AND VALIDITY
Chapter 19.106. DESTINATION RESORT
PAGE 1 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
Chapter 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS
19.04.010. Title.
19.04.020. Purpose.
19.04.025. Bend Unincorporated Urban Area. (Repealed)
19.04.030. Compliance with Title Provisions.
19.04.040. Definitions.
19.04.010. Title.
DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area and Bend Urban
Area Reserve as defined by the Bend Area General Plan and excluded from the Urban Growth
Boundary of Deschutes County, Oregon.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.04.020. Purpose.
A. DCC Title 19 has been designed in accordance with the goals, policies and statements of intent
of the Bend Area General Plan, the officially enacted comprehensive plan for the City of Bend
and its environs. It is the general purpose of DCC Title 19, therefore, to provide one of the
principal means for implementation of the Bend Area General Plan for that area within the
Bend Urban Area and the territory designated for Urban Area Reserve.
B. DCC Title 19 is designed to classify, designate and regulate the location and use of buildings,
structures and land for residential, commercial, industrial or other uses in appropriate places and
for said purposes; to divide the Bend Urban Area into districts of such number, shape and area
as may be deemed best suited to carry out these regulations and provide for their enforcement;
to encourage the most appropriate use of lands; to conserve and stabilize the value of natural
resources; to provide adequate open spaces for light and air and prevention of fire; to prevent
undue concentrations of population; to lessen congestion of streets; to facilitate adequate
provisions for community utilities, such as transportation, water, sewerage, schools, parks and
other public requirements; and to promote the public health, safety and general welfare.
C. To regulate placement, height and bulk of buildings, and the placement and growth of
vegetation within the County to insure access to solar energy by reasonably regulating interests
in property within the County, as authorized under ORS 215.044 and ORS 105.880 through
105.890; to promote and maximize the conservation of energy by preserving the option to
utilize solar energy and to implement the Comprehensive Plan policies relating to solar energy.
D. To encourage the design of new buildings, structures and developments which use solar energy
and protect future options to use solar energy by protecting solar access.
(Ord. 2009 -002 § 2, 2009; Ord. 83 -041 §1, 1983)
19.04.025. Bend Unincorporated Urban Area.
(Repealed Ord. 2009 -002 § 2, 2009; Ord. 98 -040 §1, 1998)
19.04.030. Compliance with title provisions.
Except as provided in DCC 19.76, no building or other structure shall be constructed, improved,
altered, enlarged or moved, nor shall any use or occupancy of premises within the Bend Urban Area
and Bend Urban Area Reserve be commenced to be changed, nor shall any condition of or upon
real property be caused or maintained after the effective date of DCC Title 19, except in conformity
with DCC Title 19.
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(Ord. 2009 -002 § 2, 2009; Ord. 90- 038 §1, 1990)
19.04.040. Definitions.
As used in DCC Title 19, words in the present tense include the future; the singular number
includes the plural and the plural number includes the singular; unless the context clearly indicates
the contrary, the word "shall" is mandatory and not discretionary; the word "may" is permissive; the
masculine gender includes the feminine and neuter; and the term "this title" shall be deemed to
include the text of this title and accompanying zoning maps and all amendments hereafter made
thereto. As used in this title, unless the context requires otherwise, the following words and phrases
shall be defined as set forth in DCC 19.04.040.
"Abutting" means having a common boundary line, except that where two or more lots adjoin only
at a corner or corners, they shall not be considered as abutting unless the common property line
between the two parcels measures not less than eight feet in a single direction.
"Access " means the place, means or way by which pedestrians and vehicles shall have safe,
adequate and usable ingress and egress to, through or past a property or use as required by DCC
Title 19.
"Access corridor" means a separate travel way for pedestrians and bicyclists to minimize travel
distances within and between subdivisions, planned unit developments, residential areas and
commercial centers, major employment areas, transit stops, or within and between nearby
neighborhood activity centers such as schools, parks, and convenience shopping.
"Accessory structure or use" means a structure or use incidental, appropriate and subordinate to the
main structure or use on the same lot.
"Adjacent" means near, close; for example, an Industrial Zone across the street or highway from a
Residential Zone shall be considered as "adjacent."
"Adjoining." See "Abutting.
"Alley" means a public way not more than 20 feet wide affording only secondary means of access
to abutting property.
"Altered." See "Structural Alteration."
"Animal hospital" means a place where animals or pets are given medical or surgical treatment and
are cared for during the time of such treatment. Use as a kennel shall be limited to short-time
boarding and shall be only incidental to such hospital use.
"Applicant" means a person applying for a permit, rezoning or nonlegislative comprehensive plan
change.
"Application for land use permit" means a written application requesting a change in zoning,
conditional and nonconforming uses, variances, subdivisions and matters relating to the
comprehensive plan and amendments to the plan. Also included are partitions, building permits, and
subsurface sewage permits.
"Area of special flood hazard" means the land that is in the floodplain subject to a one percent or
greater chance of flooding in any given year as designated by the Federal Emergency Management
Agency (FEMA). Flood hazard designations on FEMA maps always include the letters A or V.
"Assessor" means the County Assessor of Deschutes County.
"Basement" means a man -made space wholly or partly underground and having more than one -half
of its height, measured from its floor to its ceiling, below the average adjoining finished grade.
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"Bend Urban Area" means that area lying inside the adopted Bend Urban Growth Boundary and
outside the City of Bend corporate limits.
"Bend Urban Growth Boundary" means the area depicted in Exhibit "B" and incorporated in
Ordinance 2009 -01.
"Bend Urban Area Reserve" means lands designated Urban Area Reserve, under the Bend General
Area Plan, which are not included in the Bend Urban Growth Boundary.
"Bicycle facility" means any public or private improvements to accommodate and encourage
bicycling, including bikeways and bike parking racks, spaces, and structures.
"Bikeway" means any road, path or way open to bicycle travel regardless of whether such facilities
are designated for the preferential use of bicycles or are to be shared with other transportation
modes.
"Board" means Deschutes County Board of County Commissioners.
"Building" means any structure built and maintained for support, shelter or enclosure of persons,
animals, chattels or property of any kind meeting the requirements of State Structural Specialty
Code and Fire and Life Safety Code.
"Building, height" means the vertical distance from the average contact ground level of the building
to the highest point of the building.
"Building line" means a line parallel to the lot line and passing through the most forward point of
plane of a building.
"Building lot" means a lot occupied or intended to be occupied by a principal building or a group of
such buildings and accessory buildings, together with such open spaces as are required by DCC
Title 19, and having the required frontage on a street and setbacks.
"Building, main" means a building within which is conducted the principal use permitted on the lot
as provided in DCC Title 19.
"Building official" means the Building Official of Deschutes County, Oregon.
"Bulk distribution plant" means a facility for the storage of fuels or other volatile products and for
their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.
"Certified Family Child Care Home" means where child care is offered in the home of the provider
to not more than 16 children, including children of the provider, regardless of full -time or part-time
status. Certified Family Care shall be considered a permitted residential use of the property for
zoning purposes. See ORS 657A for State Certification requirements.
"Child Care Facility" means any facility that provides care to 17 or more children, including a day
nursery, nursery school, and child care center or similar unit operating under any name.
"Church" means a permanently located building commonly used for religious worship, fully
enclosed with walls (including windows and doors), having a roof (canvas or fabric excluded) and
conforming to applicable legal requirements affecting design and construction.
"City" means the City of Bend, Oregon, including the following: City Council, City Engineer, City
Manager, and City Recorder - Treasurer.
"Clinic" means a place for group medical services not involving overnight housing of patients.
"Club" means an association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service
carried on as a business for profit.
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"Cluster development" means new development will be allowed on lots smaller than allowed by the
density requirements provided the excess land is held with the parent parcel for re- development.
"Collector" means a street supplementary to the arterial street system and a means of
intercommunication between this system and small areas, used to some extent for through traffic
and to some extent for access to abutting properties and so designated by the County and City
Transportation System Plan.
"Community building" means a building used for and operated by a nonprofit organization whose
membership is open to any resident of the zone, neighborhood or community in which the club is
located; provided that the primary objectives of the organization are the improvement of the zone,
neighborhood or community and its social welfare and recreation.
"Community Development Director" means the Community Development Director of the City of
Bend or his or her designee for territory inside the UGB, and for outside the UGB, the Deschutes
County Community Development Director or his or her designee.
"Comprehensive plan" for the purposes of Title 19 means the duly adopted Bend Area General
Plan.
"Conservation easement" means a non - possessory interest in real property conveyed by the property
owner to the County, imposing limitations or affirmative obligations concerning the use of the
property. The purposes of a conservation easement include, but are not limited to, retaining or
protecting natural, scenic or open space values, public access, protecting natural resources,
maintaining or enhancing air and water quality and preserving the historical, archaeological or
cultural aspects of the property.
"Contiguous land" means parcels of land under the same ownership which abut each other.
"County" means Deschutes County, Oregon.
"Dam" means any man -made structure which is or may be used to impound water.
"Day care facility." See Child Care facility
"Density" means the number of residential dwelling units per acre of land or the amount of land
area expressed in square feet of land assignable to each dwelling unit in a residential development,
including, but not limited to, one house on one lot, shall be computed as follows: the gross area of
land within the development; less the total aggregate area dedicated for streets, private parks and
recreation facilities dedicated or created as an integral part of the development; divided by the total
number of dwelling units in the proposed development; equals the density. Density shall run with
the land in a specific development and cannot be sold, loaned or otherwise divorced or separated
from the specific development under consideration.
"Deschutes River corridor" means all property within 100 feet of the ordinary high water mark of
the Deschutes River. The ordinary high water mark shall be as defined in DCC 19.04.040.
"Destination resort" means a self - contained development that provides for visitor - oriented
accommodations and developed recreational facilities in a setting with high natural amenities.
To qualify as a "large destination resort" under Goal 8, a proposed development must meet the
following standards:
A. The resort is located on a site of 160 or more acres;
B. At least 50 percent of the site is dedicated to permanent open space, excluding yards, streets,
and parking areas;
C. A least $7 million (in 1993 dollars) shall be spent on first phase improvements for on -site
developed recreational facilities and visitor - oriented accommodations exclusive of costs for
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land, sewer and water facilities and roads. Not less than one -third of this amount shall be spent
on developed recreational facilities, and;
D. Developed recreational facilities and key facilities intended to serve the entire development and
visitor - oriented accommodations must be constructed or, where permitted by DCC 18.113,
guaranteed through surety bonding or substantially equivalent financial assurances prior to
closure of sale of individual lots or units. In phased developments, developed recreational
facilities and other key facilities intended to serve a particular phase shall be constructed prior
to sales in that phase or guaranteed through surety bonding.
E. Visitor - oriented accommodations are provided, including meeting rooms, restaurants with
seating for 100 persons and 150 separate rentable units for overnight lodgings.
1. Accommodations available for residential use shall not exceed two such units for each unit
of overnight lodging.
2. The development approval shall provide for the construction of other required overnight -
lodging units within five years of the initial lot sales.
F. Commercial uses allowed are limited to those types and levels necessary to meet the needs of
visitors to the development. Industrial uses of any kind are not permitted.
"Development" means any man -made change to improved or unimproved real estate, including but
not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling
operations.
"Districts" means zones, unless obviously to the contrary.
"Diversion" means any man -made structure which is or may be used to deflect or divert water from
a river or stream into a conduit.
"Dude ranch" means a ranch operated wholly or in part as a resort offering horse -back riding and
related activities as outdoor recreation opportunities and offering only temporary rental
accommodations for vacation use by nonresidents.
"Dwelling" means a building or portion thereof designed or used as the residence or sleeping place
of one or more persons.
A. Dwelling, single - family. A building designed or used for residence purposes by not more than
one family and containing one dwelling unit only, including Class A manufactured homes as
described in DCC 19.88.280; excluding such temporary structures such as tents, teepees, travel
trailers and other similar uses.
B. Dwelling, two - family or duplex. A building designed or used for residence purposes by not
more than two families and containing two dwelling units.
C. Dwelling, multiple - family. A building or portion thereof designed or used as a residence by
three or more families and containing three or more dwelling units.
"Dwelling unit" means one room, or a suite of two or more rooms, designed for and used by one
family or housekeeping unit for living and sleeping purposes and having not more than one kitchen
or kitchenette.
"Easement" means a grant of the right to use a parcel of land or portion thereof for specific purposes
where ownership of the land or portion thereof is not transferred.
"Exempt vegetation" means a tree or other plant that is shown by the sun chart accompanying a
solar access permit application to cast existing shade on a protected area.
"Existing" means existing at the time of application.
"Exterior modification" means a change in the exterior structure of a building that significantly
alters the appearance of any side of a building, including a change of color.
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"Farm stand" means a structure used for the sale of farm crops or livestock 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
"Farm use" means the current employment of land for the primary purpose of obtaining a profit in
money by raising, harvesting and selling crops or the feeding, breeding, management and sale of,
or the produce of, livestock, poultry, fur- bearing animals or honeybees or for dairying and the
sale of dairy products or any other agricultural or horticultural use or animal husbandry or any
combination thereof. "Farm use" includes the preparation, storage and disposal by marketing or
otherwise of the products or by- products raised on such land for human or animal use. "Farm
use" also includes the current employment of land for the primary purpose of obtaining a profit in
money by stabling or training equines including but not limited to providing riding lessons,
training clinics and schooling shows. "Farm use" also includes the propagation, cultivation,
maintenance and harvesting of aquatic, bird and animal species that are under the jurisdiction of
the State Fish and Wildlife Commission, to the extent allowed by the rules adopted by the
commission. "Farm use" includes the on -site construction and maintenance of equipment and
facilities used for the activities described in this subsection. "Farm use" does not include the use
of land subject to the provisions of ORS chapter 321, except land used exclusively for growing
cultured Christmas trees as defined in subsection (3) of this section or land described in ORS
321.267 (3) or 321.824 (3).
A. "Current employment" of land for farm use includes:
1. Farmland, the operation or use of which is subject to any farm- related government
program;
2. Land lying fallow for one year as a normal and regular requirement of good agricultural
husbandry;
3. Land planted in orchards or other perennials, other than land specified in subparagraph
(D) of this paragraph, prior to maturity;
4. Land not in an exclusive farm use zone which has not been eligible for assessment at
special farm use value in the year prior to planting the current crop and has been planted
in orchards, cultured Christmas trees or vineyards for at least three years;
5. Wasteland, in an exclusive farm use zone, dry or covered with water, neither
economically tillable nor grazeable, lying in or adjacent to and in common ownership
with a farm use land and which is not currently being used for any economic farm use;
6. Except for land under a single family dwelling, land under buildings supporting accepted
farm practices, including the processing facilities allowed by ORS 215.213 (1)(x) and
215.283 (1)(u) and the processing of farm crops into biofuel as commercial activities in
conjunction with farm use under ORS 215.213 (2)(c) and 215.283 (2)(a);
7. Water impoundments lying in or adjacent to and in common ownership with farm use
land;
8. Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the
owner of land specially valued for farm use even if the land constituting the woodlot is
not utilized in conjunction with farm use;
9. Land lying idle for no more than one year where the absence of farming activity is due to
the illness of the farmer or member of the farmer's immediate family. For purposes of
this paragraph, illness includes injury or infirmity whether or not such illness results in
death;
10. Any land described under ORS 321.267 (3) or 321.824 (3);
11. Land used for the primary purpose of obtaining a profit in money by breeding, raising,
kenneling or training of greyhounds for racing; and
12. Land used for the processing of farm crops into biofuel, as defined in ORS 315.141, if:
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a. Only the crops of the landowner are being processed;
b. The biofuel from all of the crops purchased for processing into biofuel is used on the
farm of the landowner; or
c. The landowner is custom processing crops into biofuel from other landowners in the
area for their use or sale.
B. As used in this subsection, "accepted farming practice" means a mode of operation that is
common to farms of a similar nature, necessary for the operation of such farms to obtain a
profit in money, and customarily utilized in conjunction with farm use
"Fence, sight obscuring" means a fence or planting arranged in such a way to obstruct vision
throughout the year.
"Fill" means the deposit by artificial means of material at a location within the waters of any lake,
river or stream, or in wetlands or riparian areas.
"Flood or flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
A. The overflow of inland or tidal waters, and/or
B. The unusual and rapid accumulation of runoff surface waters from any source.
"Flood hazard area" means the relatively flat area or lowland adjoining the channel of a river,
stream, other watercourse, lake or reservoir which has been or may be covered by a base flood.
"Flood insurance rate map" (FIRM) means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community
"Flood insurance study" means the official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Boundary- Floodway Map and the water surface elevation of
the base flood.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
"Floor area" means the area included in surrounding walls of a building or portion thereof,
exclusive of vent shafts and courts, including the garage.
"Framework Plan" means a plan adopted by the City that provides a conceptual guide for future
land uses within the Urban Growth Boundary where properties are designated Urban Growth Area
on the Comprehensive Plan map.
"Frontage" means that portion of a parcel of property which abuts a dedicated public street or
highway or an approved private street.
"Future arterial" means a future arterial identified on the County Transportation System Plan.
"Future collector" means a future collector identified on the County Transportation System Plan.
"Garage, private" means an accessory building or portion of a main building used for the parking or
temporary storage of vehicles owned or used by occupants of the main building.
"Grade or ground level" means the average elevation of the finished ground elevation at the centers
of all walls of a building; the sidewalk elevation nearest the center of the wall shall constitute the
ground level.
"Ground mounted sign," in the Bend Urban Area, a "Ground mounted sign" means a freestanding
sign that has a solid base which is directly and continuously connected to the sign face for at least
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50 percent of the sign face width or is borne by supports less than or equal to 24" in height as
measured from grade to the sign face.
"Guest house" means an accessory building used for the purpose of providing temporary living
accommodations for guests, or for members of the same family as that occupying the main
structure, and containing no kitchen or kitchenette facilities.
"Hearings Body" means City Planning Commission, Hearings Officer, County Planning
Commission, City Council and Board of County Commissioners.
"Hearings Officer" means a planning and zoning Hearings Officer appointed or designated by the
City of Bend pursuant to ORS 227.165 or, in the absence of such appointed Hearings Officer, the
Planning Commission or City Council.
"Height of building" means the vertical distance from the grade to the highest point of the coping of
a flat roof, to the deck line of a mansard roof or to the center height between the highest and lowest
points on other types of roofs.
"Home occupation" means a use conducted entirely within a dwelling, which use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes.
"Hydroelectric facility" means all aspects of any project or development necessary for or related to
the generation of hydroelectric energy, including, but not limited to, conduits, dams, diversions, fish
ladders and screens, generators, impoundments, penstocks, turbines, transmission facilities and
related buildings, structures, storage areas, access roads, parking areas and surrounding and adjacent
lands which are necessary for or related to the facility.
"Impoundment" means any man -made structure which is or may be used to impound water.
"Joint Management Agreement" means the agreement between Deschutes County and the City of
Bend for the joint management of the Bend unincorporated area.
"Kennel" means any premises where four or more dogs, cats or other small animals or any
combination thereof at least four months of age, are kept commercially or permitted to remain for
board, propagation, training or sale, except veterinary clinics and animal hospitals.
"Land use action" means any action involving an application for a land use permit.
"Landscaping" means primarily trees, grass, bushes, shrubs, flowers and garden areas and incidental
arrangements of fountains, patios, decks, street furniture and ornamental concrete or stonework
areas, and artificial turf or carpeting, but excludes artificial plants, bushes, shrubs or flowers.
"Livestock" means animals of any kind kept or raised for sale, resale, agriculture field production or
pleasure.
"Livestock feeding yard" means an enclosure designed or used for the purpose of concentrated
feeding or fattening of livestock for commercial slaughter.
"Livestock sales yard" means an enclosure or structure designed or used for holding livestock for
purposes of sale or transfer by auction, consignment or other means.
"Loading space" means an off - street space within a building or on the same lot with a building, for
the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or
materials and which space has direct access to a street or alley.
"Lot" means a parcel of land used or capable of being used under the regulations of DCC Title 19,
lawfully created as such in accordance with the subdivision and partition laws or ordinances in
effect at the same time of its creation.
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"Lot area" means the total horizontal area contained within the lot lines; said area shall be computed
as gross area for lots larger than 2.5 acres and net area for lots 2.5 and smaller. The total horizontal
net area within lot lines of a lot is that square footage of a lot that is free from roads, streets,
rights -of -way or easements of access to other property. The Planning Director shall include in gross
lot areas all streets, roads and easements of access to other property that would accrue to that lot if
the road, street or easement were vacated, and shall treat the gross areas of lots that have never been
previously described of record as other than fractions of a section as if the section contained 640
acres, in cases where a lot is sought to be partitioned.
"Lot, corner" means a lot abutting upon two or more streets at their intersection, or upon two parts
of the same street, such streets or parts of the same street forming an interior angle of less than 135
degrees within the lot line.
"Lot coverage" means that percentage of the total lot area covered by structures as herein defined.
"Lot depth" means the horizontal distance between the front and the rear lot lines. In the case of a
corner lot, the depth shall be the length of the longest front lot line.
"Lot, interior" means a lot or parcel of land other than a corner lot.
"Lot line" means any line bounding a lot as herein defined.
"Lot line, front" means the property line abutting a street. Corner lots and thorough lots may have
two or more front lot lines.
"Lot line, rear" means a lot line not abutting a street which is opposite and most distant from the
front lot line. In the case of an irregular or triangular- shaped lot, a lot line 10 feet in length within
the lot parallel to and at the maximum distance from the front lot line.
"Lot line, side" means any lot line not a front lot line or a rear lot line.
"Lot of record" means:
A. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to
all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel
was created, and which was created by any of the following means:
1. By partitioning land as defined in ORS 92.010(8);
2. By a subdivision plat, as defined in ORS 92.010(9), filed with the Deschutes County
Surveyor and recorded with the Deschutes County Clerk;
3. By deed or contract, dated and signed by the parties to the transaction, containing a separate
legal description of the lot or parcel, and recorded in Deschutes County if recording of the
instrument was required on the date of the conveyance. If such instrument contains more
than one legal description, only one lot of record shall be recognized unless the legal
descriptions describe lots in accordance with a recorded subdivision or town plat;
4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes
County Official Records; or
5. By the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot
or parcel.
B. The following shall not be deemed to be a lot of record:
1. A lot or parcel created solely by a tax lot segregation because of an Assessor's roll change
or for the convenience of the Assessor.
2. A lot or parcel created by an intervening section or township line or right of way.
3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed
in accordance with sub section (A)(3) above in this definition .4. A parcel created by the
foreclosure of a security interest.
"Lot, through" means an interior lot having a frontage on two streets and/or highways.
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"Lot width" means the horizontal distance between the side lot lines measured within the lot
boundaries or the mean distance between the side lot lines within the buildable area. In the case of a
corner lot, lot width shall mean the mean horizontal distance between the longest front lot line and
the opposite lot line not abutting the street.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of DCC 19.72.070.
"Maintain" means to cause or allow to continue in existence. When the context indicates, the word
shall mean to preserve and care for a structure, improvement, condition or area to such an extent
that it remains attractive, safe and presentable, and carries out the purpose for which it was installed,
constructed or required.
"Manufactured home" means a detached single - family dwelling unit with all of the following
characteristics:
A. Designed for long -term occupancy and containing sleeping accommodations, flush toilet, a tub
or shower bath and kitchen facilities, with plumbing and electrical connections provided for
attachment to outside systems.
B. Designed to be transported after fabrication on its own wheels or as a modular home on a
flatbed or on other trailers on detachable wheels.
C. Arriving at the site where it is to be occupied as a dwelling, complete, ready for occupancy
except for minor and incidental unpacking and assembly operations, location on foundation
supports, connection to utilities and the like.
D. Does not conform to the Oregon State Structural Code as defined in ORS 456.750(9), or
standards for prefabricated structures as defined in ORS 456.750(6).
"Manufactured home subdivision" means a subdivision designed and intended for residential use
where residence is in manufactured homes.
"Municipal utility" means a utility identified on an approved City municipal public facility master
plan.
"Municipal water supply system" means a domestic water supply source and distribution system
owned and operated by a City or County, or owned and operated by a special district or other public
corporation which has independent tax - levying powers to support the system and which supplies
water to a total of 1,000 or more households.
"Nonconforming use" means a use of land or of a building or structure, which use lawfully existed
at the time of the adoption of DCC Title 19, or of any amendment thereto, but which use does not
conform with the use regulations imposed by DCC Title 19 or such amendment thereto.
"Non- municipal utility" means a utility not identified on an approved City municipal public facility
master plan.
"Open space" means any parcel or area of land or water set aside, designed or reserved for the
public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land
adjoining or neighboring such open space.
"ORS" means Oregon Revised Statutes.
"Ordinary high water" (OHW) means the highest line on the bank or shore of a lake, river or stream
to which the water ordinarily rises annually in season.
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EXHIBIT "A"
"Ordinary low water" (OLW) means the lowest line on the bank or shore of a lake, river or stream
to which the water ordinarily recedes annually in season.
"Owner" means the owner of the title to real property or the authorized agent thereof, or the
contract purchaser of real property of record as shown on the last available complete tax
assessment roll or County Clerk's records
"Parking area, public" means an open area, other than a street or other public way, used for the
parking of automobiles and available to the public whether for a fee, free or as an accommodation
for clients or customers.
"Parking POD" means 50 or fewer parking spaces located together in a group.
"Parking space" means a durable and dustless, permanently surfaced and marked area, excluding
paved area necessary for access, for the parking of a motor vehicle.
"Pedestrian facility" means any public or private improvement that accommodates and encourages
pedestrian traffic including sidewalks, on -site walkways, crosswalks, access corridors and may
include other improvements such as lighting, benches and fences which make it safe or convenient
to walk.
"Permit" means authority for or approval of a proposed use of land for which approval is a matter of
discretion and is required by a land use ordinance. The term includes, but is not limited to,
permission given for those changes set forth in Application for Land Use Permit and a special
exception, special design zone and other similar permits.
"Permittee" means the person who is proposing to use or who is using the land pursuant to any
permit required herein.
"Person." An individual, firm, partnership, corporation, company, association, syndicate, or any
legal entity, whether he, she or it is acting for himself, herself or itself or as the servant, employee,
agent or representative of another.
"Planning Commission" means the Planning Commission of the Bend Urban Area.
"Planning Director" means, for purposes of the Bend Urban Area, the Director of the City of Bend
Planning Department and his/her delegate.
"Planned unit development" means the development of an area of land as a single entity for a
number of units or a number of uses, according to a plan which does not necessarily correspond in
lot size, bulk or type of dwelling, density, lot coverage or required open space to the standard
regulations otherwise required by DCC Title 19.
"Pole sign" means a freestanding sign connected to the ground by one or more supports, where any
portion of the lower edge of the sign face is separated from the ground by air, a distance greater than
24" in height as measured from grade.
"Potential structure" means for purpose of solar access protection, a potential structure is any
structure or building that could be built as a permitted use in a particular location under existing
development standards under the existing Deschutes County Comprehensive Plan.
"Primary entrance" means the main entrance closest to the public street by which pedestrians can
access a building, structure or activity.
"Primary frontage" means that portion of a parcel of property which abuts a dedicated public street,
highway or an approved private street and is where the public or customer entrance fronts upon.
"Principal building" means the largest building or buildings within a commercial center or business
complex. Typically, these are the anchor tenants.
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"Principal use" means the primary or predominant use to which the property is or may be devoted
and to which all other uses on the premises are accessory.
"Productive solar collector" means a solar collector that provides no less than a) 10 percent of a
building's annual total energy requirements, or b) 50 percent of a building's annual water heating
requirements.
"Protect" means save or shield from loss, destruction or injury or for future intended use.
"Protected area" means the specific area which is provided solar access for specific hours and dates
under DCC Title 19.
"Provide" means prepare, plan for and supply what is needed.
"Public use" means a structure or use intended or used for a public purpose by a city, a school
district, the county, the state or by any other public agency, not including a public utility facility.
"Public Works Director" means the City of Bend Public Works Director, or his/her delegate
"Public utility water system" means a domestic water supply source and distribution system
supplying water for household uses, owned and operated by a person subject to regulation by the
Public Utility Commissioner of the State of Oregon, and supplying water to a total of 500 or more
households.
"Public water system" means a system for the provision to the public of piped water for human
consumption, if such system has at least 15 service connections or regularly serves at least 25
individuals.
"Recreational facility, private" means a recreation facility under private ownership and operated by
a for - profit or nonprofit organization, open to bona fide members, and providing one or more of the
following types of recreation activity; tennis, handball, golf, squash, volleyball, racquetball,
badminton and swimming or other similar types of uses.
"Residential" means any dwelling unit or group of units built or used for human occupancy.
"Residential care" means services such as supervision; protection; assistance while bathing,
dressing, grooming or eating; management of money; transportation; recreation and the providing
of room and board.
"Residential care facility" means a facility that provides residential care for six or more physically
disabled or socially dependent individuals and which is licensed by the State Department of Human
Services.
"Review Authority" means the Community Development Director, Planning Commission, Hearings
Officer, or City Council.
"Right of way" means the area between the boundary lines of a street, road or other easement.
"Riparian area" means a terrestrial zone where annual and intermittent water, a high water table and
wet soils influence vegetation and microclimate.
"Roadside stand" means a temporary structure, vehicle or area designed or used for the display or
sale of merchandise on the premises upon which such a stand is located.
"Roadway" means that portion of a street or road right of way developed for vehicular traffic.
"Scenic area" means land and other natural features that are valued for their aesthetic values and
appearance.
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"Setback" means the minimum allowable horizontal distance from a given point or line of reference,
such as property line, to the nearest vertical wall or other element of a building or structure as
defined herein.
"Shade" means a shadow, except a shadow caused by a narrow object, including but not limited to a
utility pole, an antenna, a wire or a flagpole.
"Site plan" means a plan prepared to scale, showing accurately and with complete dimensioning, all
of the uses proposed for a specific parcel of land.
"Solar access" means protection from shade for a specific area during specific hours and dates, but
not including protection from shade cast by exempt vegetation.
"Solar access permit" means the instrument issued by the County which limits the size of
nonexempt vegetation on certain lots in the vicinity of a recorded solar collector.
"Solar collector" means any object that uses solar radiation for a useful purpose, including but not
limited to windows, walls, roofs and collectors.
"Solar heating hours" means the hours and dates during which solar access is provided.
"Solar height restriction" means the allowable height of buildings, structures and nonexempt
vegetation on a property burdened by the solar access of another property.
"Street" means a public thoroughfare or right of way other than an alley, dedicated, deeded or
condemned for such use and private thoroughfare or access easements which are used for vehicle
travel including avenue, place, way, drive, lane, boulevard, highway, road and any other
thoroughfare.
"Standing, legal." See "standing" as defined in DCC 22.24.080.
"Start of construction" means the first placement of permanent construction of a structure (other
than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond
the preparation, such as clearing, grading and filling. Does not include excavation for a basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not as part of the main structure. For a structure (other than a manufactured home) without a
basement or poured permanent foundation or assembly of the structure or any part thereof on its
piling or foundations, or for a manufactured home not within a manufactured home park or
manufactured home subdivision, "start of construction" means the affixing of the structure to its
permanent site. For manufactured homes within manufactured home parks or manufactured home
subdivisions, "start of construction" is the date on which the construction of facilities for servicing
the site on which the manufactured home is to be affixed (including, at a minimum, the construction
of streets, either final site grading or the pouring of concrete pads and installation of utilities).
"Structural alteration" means any change in the supporting members of a building, such as a bearing
wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms, foundations, piles
or retaining walls or similar components.
"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together in some definite manner, which
required location on the ground or is attached to something having a location on the ground,
including swimming and wading pools and covered patios, excepting outdoor areas such as paved
areas, driveways, walks and fences.
"Substantially shaded" means less than 80 percent of the available solar insulation is available
during winter solar heating hours to either the south roof and/or wall of an existing or potential
structure.
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"Sunchart" means a photograph or photographs taken in accordance with the guidelines of the
Planning Director, which plots the position of the sun during each hour of the day and each month
of the year relative to a protected area. The sunc hart shall contain, at a minimum:
A. Solar altitude in 10- degree increments;
B. Solar azimuth measured from true south in 15- degree increments;
C. If the solar collector is more than 20 feet wide, the southern skyline as seen from the two end
points and from the center point of the lower edge of the protected area; and
D. A clear delineation of the existing objects which cast shadows on the protected area, including
hills, structures and deciduous and evergreen vegetation.
"Surface mining" means all or any part of the process of mining minerals by the removal of
overburden and extracting of natural mineral deposits thereby exposed by any method by which
more than 50 cubic yards of minerals are extracted or by which at least one acre of land is affected
within a period of 12 consecutive calendar months, including open -pit mining refuse, the
construction of adjacent or off -site borrow pits (except those constructed for use as access road), the
quantity or area specifications set forth herein or when such activities affect more than one acre of
land for each eight acres of land prospected or explored; or other similar materials conducted by the
landowner or tenant for the primary purpose of construction, reconstruction, or maintenance of
access roads and excavation or grading operations conducted in the process of farming or cemetery
operations, on -site road construction or other on -site construction or underground mines; and
excluding rock, gravel, sand, silt or similar substances removed from the beds or banks of any
waters of this state pursuant to permit issued under ORS 541.605 to 541.660. (Reclamation of
Mining Lands, ORS 517.750 to Number 12.)
"Time share unit" means:
A. A dwelling unit, lot or parcel divided into periods of time under any arrangement, plan, scheme
or device; whether by membership, agreement, share, tenancy in common, sale, lease, deed,
rental agreement, license, right to use agreement or otherwise; where a purchaser, in exchange
for consideration, receives a right to use the dwelling unit, lot or parcel for a period of time less
than a full year during any given year, but not necessarily for consecutive years, which extends
for a period of more than three years; or
B. A dwelling or unit, lot or parcel created into interests sold under an agreement to be
subsequently divided or created into interests for the purpose of sale or lease or other similar
arrangement as set out in DCC 19.04.040(A); whether immediate or future, into 11 or more
undivided interests or 11 or more other interests, or any other similar arrangement of interests in
the dwelling unit, lot or parcel.
"Unbuildable area" means an area in which a structure could not be built as a permitted use under
existing development standards for the area under the existing applicable Deschutes County
Comprehensive Plan or Bend Area General Plan.
"Use" means the purpose for which land or a structure is designed, arranged or intended, or for
which it is occupied or maintained.
"Utility facility" means any major structures, excluding hydroelectric facilities, owned or operated
by a public, private or cooperative electric, fuel, communications, sewage or water company for the
generation, transmission, distribution or processing of its products or for the disposal of cooling
water, waste or by- products, and including power transmission lines, major trunk pipelines, power
substations, water towers, sewage lagoons, sanitary landfills and similar facilities, but excluding
local sewer, water, gas, telephone and power distribution lines and similar minor facilities allowed
in any zone.
"Visual obstruction" means any fence, hedge, tree, shrub, device, wall or structure exceeding 2.5
feet in height above the elevation of the top of the curb or ground as determined by the Planning
PAGE 15 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
Director and so located at a street intersection as to dangerously limit the visibility of persons in
motor vehicles on said street or alleys. This does not include trees kept trimmed of branches to a
minimum height of eight feet.
"Walkway" means a structure built over or floating upon the waters of a lake, river or stream that
provides access to a boat dock or pier.
"Wetland" means those areas that are inundated or saturated by surface or ground water at a
frequency or duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include
swamps, marshes, bogs and other similar areas.
"Winter solar heating hours" means the time period extending two hours before and after the solar
zenith on December 21.
"Yard" means an open space on a lot which is unobstructed from the ground upward except as
otherwise provided in DCC Title 19. In determining the required yard for properties abutting the
Deschutes River, the edge of the river shall be determined by the ordinary high water mark which
shall be the mark on the Deschutes River that will be found by examining the banks and
ascertaining where the presence and action of water are so common and usual, and so long
contained in all ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation, and as it may naturally change.
"Yard, front" means an open space extending the full width of the lot between a building and the
front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere
in DCC Title 19. Distances referred to throughout DCC Title 19 shall constitute building setback
requirements.
"Yard, rear" means an open space extending the full width of the lot between a building and the rear
lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in
DCC Title 19.
"Yard, side" means an open space extending from the front yard to the rear yard between a building
and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as
specified elsewhere in DCC Title 19.
"Zone" means a portion of the territory of the Bend Urban Area of Deschutes County within which
certain uniform regulations and requirements or various combinations thereof apply under the
provisions of DCC Title 19.
(Ord. 2009 -002 § 2, 2009; Ord. 99 -001 § §2 -4, 1999; Ord. 97- 038 §1, 1997; Ord. 97 -017 §1, 1996;
Ord. 96 -071 §1D, 1996; Ord. 95 -045 §15, 1995; Ord. 94 -027 §§1 & 2, 1994; Ord. 92 -043 §1, 1992;
Ord. 91 -029 § §1, 8, 9 and 10, 1991; Ord. 91 -001 §1, 1991; Ord. 90 -038 §1, 1990; Ord. 90 -007 §1,
1990; Ord. 88 -042 §3, 1988; Ord. 86 -058 §1, 1986; Ord. 86 -055 §1, 1986; Ord. 86 -033 §1, 1983;
Ord. 86 -032 §1, 1986; Ord. 86 -017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83 -041 §2,
1983; Ord. 80 -217 §1 Exhibit A, 1980)
PAGE 16 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
Chapter 19.08. ESTABLISHMENT OF ZONES AND ZONING MAPS
19.08.010. Classification of Zones.
19.08.020. Application of Regulations to Zones Generally.
19.08.030. Zoning Map.
19.08.040. Interpretation of Zoning Boundaries.
19.08.010. Classification of Zones.
For the purpose of this title, the Bend Urban Area and Bend Urban Area Reserve is divided into
zones designated as follows:
Zone Map Symbols and Abbr. Designations
Urban Area Reserve UAR -10
Urban Holding - 10 UH -10
Urban Holding - 2 1/2 UH -2 1/2
Surface Mining SM
Light Industrial IL
Flood Plain FP
Public Facility PF
(Ord. 2009 -002 § 2, 2009; Ord. 96 -042 §1, 1996; Ord. 80 -217 §1 Exhibit A, 1980)
19.08.020. Application of Regulations to Zones Generally.
A. A lot may be used and a structure or part of a structure may be constructed, reconstructed,
altered, occupied or used only as DCC Title 19 permits.
B. No new structure shall be constructed on any lot of less area than the minimum for the zone in
which it is located, excepted as provided by DCC Title 19.
C. No dimensional requirement of DCC Title 19 shall be violated after its terms become effective
unless specifically provided for herein.
D. Except as specifically provided by DCC Title 19, no lot area, yard or other open space which
is required by DCC Title 19 for one use shall be used as the required lot area, yard or open
space for another use.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.08.030. Zoning Map.
A. The location and boundaries of the zones in the Bend Urban Area designated in DCC 19.08.010
are hereby established as shown on the map entitled "Zoning Map of the Bend Urban Area,"
incorporated by reference herein and hereinafter referred to as the "Zoning Map," dated with the
effective date of DCC Title 19 and signed by the Board.
B. The location and boundaries of the Bend Urban Area Reserve zoning district designated in
DCC 19.08.010 are hereby established as shown on the Bend Area General Plan map.
C. A zoning map amendment adopted by DCC 18.12.020, above, or by an amendment thereto
shall be prepared by authority of the Planning Director or Hearings Body or Board of County
Commissioners.
D. The map or map amendment shall be dated with the effective date of the order or ordinance that
adopts the map or map amendment.
E. The Deschutes County zoning map exists in official replica form as an electronic map layer
within the County geographic information system.
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F. The official copy of the electronic version of the zoning map shall contain a legal description of
the area to be amended, a map reflecting the previous zoning and a map of the amendment
printed onto permanent media, recorded and maintained in the office of the County Clerk.
G. An original printed version of the adopted map or map amendment signed by the Board of
County Commissioners shall be maintained in the office of the County Clerk.
(Ord. 2009 -002 § 2, 2009; Ord. 90- 038 §1, 1990)
19.08.040. Interpretation of Zoning Boundaries.
In making a determination where uncertainty exists as to boundaries of any of the aforesaid zones as
shown on said Zoning Map, the following rules shall apply:
A. Where zone boundaries approximately follow streets, alleys or highways. Where zoning
boundaries are indicated as approximately following the centerline or right -of -way line of
streets, alleys or highways, such lines shall be construed to be such zoning boundaries.
B. Vacation of public ways. Whenever any street, alley or other public way is vacated in the
manner authorized by law, the zone district adjoining each side of such street, alley or public
way shall be automatically extended to the center of the former right of way and all of the area
included in the vacation shall then and henceforth be subject to all regulations of the extended
zones.
C. Where boundaries approximately follow lot lines. Where zone boundaries are indicated as
approximately following lot lines, such lines shall be construed to be said boundaries. If a zone
boundary divides a lot into two or more zones, the boundary shall be determined by using the
scale of the map and measuring the distance from the property line or distances specified on the
map.
(Ord. 90 -038 §1, 1990)
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Chapter 19.12. URBAN AREA RESERVE ZONE UAR -10
19.12.010. Purpose.
19.12.020. Permitted Uses.
19.12.030. Conditional Uses.
19.12.040. Height Regulations.
19.12.050. Lot Requirements.
19.12.060. Off - Street Parking.
19.12.070. Other Required Conditions.
19.12.010. Purpose.
To serve as a holding category outside the UGB as urban growth takes place elsewhere in the
planning area, and to be preserved as long as possible until needed for orderly growth.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.12.020. Permitted Uses.
The following uses are permitted:
A. Farm uses as defined in DCC Title 19.
B. Single - family dwelling.
C. Home occupation subject to DCC 19.40.140.
D. Other accessory uses and accessory buildings and structures customarily appurtenant to a
permitted use subject to DCC 19.45.020.
E. Day care center facilities subject to site review, DCC 19.25 and DCC 19.40.160.
F. Farm stands subject to DCC 19.25 and DCC 19.40.290.
(Ord. 2009 -002 § 2, 2009; Ord. 2008 -14 §3, 2008; Ord. 91 -001 §2, 1991; Ord. 88 -042 §4, 1988)
19.12.030. Conditional Uses.
The following conditional uses may be permitted subject to a conditional use permit and the
provisions of DCC 19.25 and 19.55.
A. Dude or guest ranch.
B. Commercial riding stable subject to DCC 19.40.020.
C. Livestock sales yard.
D. Commercial livestock feeding yard.
E. Mining, quarrying or other extraction, processing or refining of ore of other natural resource
material subject to DCC 19.40.100.
F. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries
provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no
street borders the cemetery within 200 feet of a lot in a residential zone and subject to DCC
19.40.030.
G. Churches.
H. Community buildings, lodge and fraternal organizations, except those carried on as a business
for profit.
I. Public, parochial and private schools, but not including business, dancing, trade, technical or
similar schools.
J. Parks and recreation facilities, fire stations, libraries, museums, but not including storage or
repair yards, warehouses or similar uses.
K. Recreation facility, public or private, but not including such intensive commercial recreation
uses as a race track or amusement park.
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L. Utility substations or pumping stations with no equipment storage and sewage treatment
facilities subject to DCC 19.40120.
M. Kennel or animal hospital subject to DCC 19.40.020..
N. Destination resort, where mapped in the Bend Area General Plan destination resort map, subject
to DCC 19.106.
O. A plant nursery subject to DCC 19.40.180.
P. Time share unit or the creation thereof, subject to DCC 19.88.230.
Q. Hydroelectric facility subject to DCC 19.40.190.
(Ord. 2009 -002 § 2, 2009; Ord. 2008 -14 §3, 2008; Ord. 99- 001, §3, 1999; Ord. 91- 001, §3, 1991;
Ord. 88 -042 §5, 1988; Ord. 86 -017 §3, 1986; Ord. 83 -045 §2, 1983; Ord. 81 -006 §1, 1981; Ord. 80-
217 §1, 1980)
19.12.040. Height Regulations.
No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet
in height.
(Ord. 90 -038 §1, 1990)
19.12.050. Lot Requirements.
The following requirements shall be observed:
A. Lot Area. Each lot shall have a minimum area of 10 acres.
B. Lot Width. Each lot shall have a minimum average width of 300 feet with a minimum street
frontage of 150 feet.
C. Front Yard. The front yard shall be a minimum of 50 feet from the existing street right -of -way
line or the ultimate street right of way as adopted on the Comprehensive Plan or Official Map,
except that any lot of record less than one acre in size lawfully created prior to (effect date of
this title) shall have a minimum front yard of 30 feet.
D. Side Yard. There shall be a minimum side yard of 10 feet.
E. Rear Yard. There shall be a minimum rear yard of 50 feet.
F. Solar Setback. The solar setback shall be as prescribed in DCC 19.40.210.
(Ord. 2009 -002 § 2, 2009; Ord. 83 -041 §5, 1983)
19.12.060. Off - street Parking.
Off - street parking shall be provided as required in DCC 19.30.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.12.070. Other Required Conditions.
See DCC 19.40 applying to special uses where applicable.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
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Chapter 19.13. URBAN HOLDING - 10
19.13.010. Purpose.
19.13.015. Existing Uses.
19.13.020. Permitted Uses.
19.13.030. Conditional Uses.
19.13.040. Height Regulations.
19.13.050. Lot Requirements.
19.13.060. Off - Street Parking.
19.13.010. Purpose.
A. This zone is intended to retain large undeveloped or underdeveloped properties for future urban
development.
B. The UH -10 zone is a holding zone within the UGB, but outside city limits and is considered
rural until such time as urbanization takes place after annexation.
(Ord. 2009 -002 § 2, 2009)
19.13.015. Existing Uses.
A. Uses and structures lawfully established prior to the adoption of this ordinance shall be treated
as a permitted use.
B. Expansion or enlargement of 25% or less of the existing uses or structures that are non-
residential, shall be subject to the provisions of this chapter.
C. For expansion or enlargement of an existing use that is greater than 25 %, the Conditional Use
criteria, standards and conditions within DCC 19.55; shall also apply.
D. Conditions of prior approvals shall continue to apply.
(Ord. 2009 -002 § 2, 2009)
19.13.020. Permitted Uses.
The following uses are permitted:
A. Farm uses as defined in DCC Chapter 19.04.
B. Single - family dwelling.
C. Home occupation subject to DCC 19.40.140.
D. Other accessory uses and accessory buildings and structures customarily appurtenant to a
permitted use subject to DCC 19.45.020.
E. Day care center facilities subject to site plan review, DCC Chapter 19.25 and DCC 19.40.160.
F. Farm stands subject to DCC 19.25 and DCC 19.40.290.
G. Municipal utility facilities.
(Ord. 2009 -002 § 2, 2009)
19.13.030. Conditional Uses.
The following conditional uses may be permitted subject to a conditional use permit and the
provisions of DCC Chapters 19.25 and 19.55.
A. Dude or guest ranch.
B. Commercial riding stable subject to DCC 19.40.020.
C. Livestock sales yard.
D. Commercial livestock feeding yard.
E. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries
provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no
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street borders the cemetery within 200 feet of a lot in a residential zone and subject to DCC
19.40.030.
F. Churches.
G. Community buildings, lodge and fraternal organizations, except those carried on as a business
for profit.
H. Public, parochial and private schools, but not including business, dancing, trade, technical or
similar schools.
I. Parks and recreation facilities, fire stations, libraries, museums, but not including storage or
repair yards, warehouses or similar uses.
J. Recreation facility, public or private, but not including such intensive commercial recreation
uses as a race track or amusement park.
K. Utility substations or pumping stations with no equipment storage and sewage treatment
facilities subject to DCC 19.40.120.
L. Kennel or animal hospital subject to DCC 19.40.020.
M. A plant nursery subject to DCC 19.40.180.
N. Hydroelectric facility subject to DCC 19.40.190.
O. Non - municipal utilities constituting radio, television and wireless tower, nonmunicipal utility
station or substation
(Ord. 2009 -002 § 2, 2009)
19.13.040. Height Regulations.
No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet
in height.
(Ord. 2009 -002 § 2, 2009)
19.13.050. Lot Requirements.
A. Lot Area. Each lot shall have a minimum area of 15,000 sq ft. where the maximum density
does not exceed one dwelling unit per 10 acres, subject to the provisions of DCC 19.60.
B. Lot Width. Each lot shall have a minimum average width of 300 feet with a minimum street
frontage of 150 feet.
C. Front Yard. The front yard shall be a minimum of 20 feet from the existing street right -of -way
line or the ultimate street right of way as adopted on the Comprehensive Plan or Official Map.
D. Side Yard. There shall be a minimum side yard of 10 feet.
E. Rear Yard. There shall be a minimum rear yard of 20 feet.
F. Solar Setback. The solar setback shall be as prescribed in DCC 19.40.210.
(Ord. 2009 -002 § 2, 2009)
19.13.060. Off - street Parking.
Off - street parking shall be provided as required in DCC 19.30.
(Ord. 2009 -002 § 2, 2009)
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Chapter 19.14. URBAN HOLDING 2 'A (UH -2 'A )
19.14.010. Purpose.
19.14.015 Existing Uses.
19.14.020. Permitted Uses.
19.14.030. Conditional Uses.
19.14.040. Height Regulations.
19.14.050. Lot Requirements.
19.14.060. Off - Street Parking.
19.14.070. Other Required Conditions.
19.14.010. Purpose.
A. This zone is intended to retain large undeveloped or underdeveloped properties for future urban
development.
B. The UH -2 '/2 zone is a holding zone within the UGB, but outside city limits and is considered
rural until such time as urbanization takes place after annexation.
(Ord. 2009 -002 § 2, 2009)
19.14.020. Permitted Uses.
The following uses are permitted:
A. Single - family dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Home occupations subject to DCC 19.40.140.
D. Other accessory uses and accessory buildings and structures customarily appurtenant to a
permitted use subject to DCC 19.45.020.
(Ord. 2009 -002 § 2, 2009)
19.14.030. Conditional Uses.
The following conditional uses may be permitted subject to a conditional use permit and the
provisions of DCC 19.25 and 19.55.
A. Churches subject to DCC 19.40.040.
B. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries
provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no
street borders the cemetery, within 200 feet of a lot in a residential district and subject to DCC
19.40.030.
C. Community buildings, lodge and fraternal organizations, except those carried on as a business
for profit, and subject to DCC 19.40.050.
D. Public, parochial and private schools, including nursery schools, kindergartens and day
nurseries; but not including business, dancing, trade, technical or similar schools subject to
DCC 19.40.160.
E. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or
repair yards, warehouses or similar uses.
F. Recreation facilities, public or private; but not including such intensive commercial recreation
uses as a racetrack or amusement park.
G. Utility substations or pumping stations with no equipment storage and sewage treatment
facilities subject to DCC 19.40.120.
H. Keeping of livestock subject to DCC 19.40.070.
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I. Kennel or commercial riding stable subject to DCC 19.40.020.
J. Plant nurseries subject to DCC 19.40.180.
K. Hydroelectric facility subject to DCC 19.40 and 19.55.
L. Non- municipal utilities constituting radio, television and wireless tower, nonmunicipal utility
station or substation
(Ord. 2009 -002 § 2, 2009)
19.14.040. Height Regulations.
No building or structure in the UH- 2 1/2 district shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height.
(Ord. 2009 -002 § 2, 2009)
19.14.050. Lot Requirements.
The following requirements shall be observed:
A. Lot Area. Each lot shall have a minimum area of 15,000 sq ft where the maximum density does
not exceed one dwelling unit per 10 acres, subject to the provisions of DCC 19.60.
B. Lot Width. Each lot shall have a minimum average width of 300 feet with a minimum street
frontage of 150 feet.
C. Front Yard. The front yard shall be a minimum of 20 feet from the existing street right -of -way
line or the ultimate street right of way as adopted on the Comprehensive Plan or Official Map.
D. Side Yard. There shall be a minimum side yard of 10 feet.
E. Rear Yard. There shall be a minimum rear yard of 20 feet.
F. Solar Setback. The solar setback shall be as prescribed in DCC 19.40.210.
(Ord. 2009 -002 § 2, 2009)
19.14.060. Off - street Parking.
Off - street parking shall be provided as required in DCC 19.30.
(Ord. 2009 -002 § 2, 2009)
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Chapter 19.16. SURFACE MINING ZONE - SM
19.16.010. Purpose.
19.16.020. Uses Permitted Outright.
19.16.030. Conditional Uses Permitted.
19.16.040. Dimensional Standards.
19.16.050. Use Setbacks.
19.16.060. Site Plan Review.
19.16.070. Site Plan Requirements.
19.16.080. Special Requirements Relating to Residential Areas.
19.16.100. Approval of Site Plan.
19.16.110. Bond.
19.16.120. Failure to Comply.
19.16.130. Exceptions.
19.16.140. SM Nonconforming Uses.
19.16.010. Purpose.
The purpose of the Surface Mining Zone is to allow the extraction of surface mining materials
needed by the community while protecting the health and safety of adjoining residents and uses.
(Ord. 90 -038 §1, 1990)
19.16.020. Uses permitted outright.
In the SM Zone, the following uses and their accessory uses are permitted outright subject to the
provisions of DCC 19.16:
A. Extraction of all materials, sand, gravel, rock, cinders, pumice, topsoil, fill material (including
select fill) and any other mineral or aggregate material.
B. Crushing, processing, washing and sizing located at least one -half mile from a residential area.
C. Caretaker's residence.
D. Buildings, structures, apparatus, equipment and appurtenances necessary for these uses to be
carried on.
E. Sale of products produced from the site.
(Ord. 90 -038 §1, 1990)
19.16.030. Conditional Uses Permitted.
In an SM Zone, the following uses and their accessory uses are permitted when authorized in
accordance with the provisions subject to DCC 19.25 and 19.55:
A. Ore smelter using materials from the site subject to stringent pollution controls.
B. Crushing, processing, washing and sizing when located within one -half mile of a residential
dwelling.
C. Other related activities using materials found primarily on the site, such as concrete batching
plants and mineral refining plants, when within one -half mile of a residential dwelling.
D. Landfills when a written tentative approval by DEQ is submitted with the conditional use
application.
E. Utility facility.
F. Hydroelectric facility, in accordance with DCC 19.40 and 19.55.
G. Low intensity recreational uses, such as BMX bicycle tracks, ball fields, and parks and open
space, subject to the criteria set forth in DCC 19.55.030 and the following:
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1. The surface mining shall have been completed on the area to be utilized for recreational
purposes and the site reclaimed prior to or in conjunction with the proposed recreational
use. These preconditions shall not apply where no resource exists on the area to be used.
2. A showing that with respect to the proposed recreational use, the adjacent mining
operation, as currently operated and as may forseeably be operated in the future, will be
able to operate without violating DEQ noise and dust standards applicable to noise or
dust - sensitive uses.
3. The applicant and/or proprietor of the recreational use shall sign and record in the
Deschutes County Book of Records a statement declaring that the applicant and the
applicant's successors will not now or in the future complain about permitted surface
mining activities on the adjacent surface mining site.
4. The proposed recreational use shall be setback 250 feet from existing surface mining
operations and those that may forseeably be located on the site in the future.
(Ord. 2009 -002 § 2, 2009; Ord. 91 -028 §1, 1991; 86 -017 §4, 1986)
19.16.040. Dimensional Standards.
A. In an SM Zone, the following dimensional standard shall apply:
B. The minimum lot size shall be as determined by the Review Authority to be necessary for the
protection of the public health, safety and welfare.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.16.050. Use Setbacks.
A. Uses within an SM Zone shall maintain a 100 foot setback from the property line when adjacent
to a residential dwelling.
B. Three hundred foot setback shall be maintained from the property lines adjoining roads that are
in Landscape Management Areas as defined in the Comprehensive Plan, as well as from any
stream or lake.
C. Solar Setback. The solar setback shall be as prescribed in DCC 19.40.210.
(Ord. 2009 -002 § 2, 2009; Ord. 83 -041 §6, 1983)
19.16.060. Site Plan Review.
A. In an SM Zone, a use permitted outright or a conditional use shall be subject to the provisions
of DCC 19.16.060.
B. Before development of any new site or expansion of any existing site beyond the area covered
by an existing state or county permit may begin after the effective date of DCC Title 19, a site
plan shall be approved by the Review Authority. Construction and development of the site shall
be in full conformance with the approved site plan.
C. This section does not apply to nonconforming uses as defined in DCC Chapter 19.16.140.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.16.070. Site Plan Requirements.
A site plan shall provide for the following:
A. A reclamation plan, meeting guidelines and in a format established by the County and
satisfying such additional standards as are set forth herein.
B. A maintenance program.
1. All buildings, structures and equipment used for the production and processing of minerals
and other materials affected by DCC Title 19 shall be maintained in such a manner as to
assure that such buildings, structures and equipment will not become dilapidated or
hazardous.
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2. The reclamation plan shall also address disposition of buildings, structures and equipment
used in production and processing of minerals and other materials, offices, storage garage
and watchman's house or any remains thereof..
C. Air, water and noise requirements. Air and water quality and noise level shall be in accordance
with the requirements of state and federal laws and regulations and County ordinances.
D. A complete description of all planned uses.
E. The Review Authority may require the following at the time of site plan approval:
1. An increase or decrease in required setbacks.
2. Screening of the proposed use, or parts thereof, by fencing or landscaping.
3. Limitations on lighting.
4. An adequate plan for phased mining and reclamation of the site.
5. Restrictions on the hours, days and noise levels of operation.
6. Applicants may be required to provide dust -free site access roads near residential areas.
7. When SM operations meet the criteria for conflict levels III or IV as specified below, the
Review Authority may, in addition, place more stringent criteria upon the operations in
accordance with DCC 19.16.080.
8. Adequate water supplies to enable landscaping reclamation and dust control conditions are
to be met.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.16.080. Special Requirements Relating to Residential Areas.
A. Unless the applicant can show that the natural topography of the site offers sufficient screening
of the site from public view, the exposed side of the operation shall be screened with
landscaped berms, hedges, walls, fences or similar devices to effectively screen the site from
the public.
B. If necessary, during the site plan review, the Review Authority may determine that meeting
screening requirements is not economically feasible or physically possible.
C. When an unusually high level of conflict exists off -site, stock piling and/or processing may be
required.
(Ord. 90 -038 §1, 1990)
19.16.100. Approval of Site Plan.
A. A site plan final approval shall expire 12 months from the date of approval unless the project
has commenced in accordance with the approved site and reclamation plans.
1. Upon petition by the original applicant showing good cause, an extension for an additional
12 months may be granted by the Review Authority.
2. The operating approval shall be valid for a period of time specified by the reclamation plan,
except as otherwise limited therein.
B. The Review Authority or his designate shall review each site plan approval annually.
1. A reasonable fee for this inspection shall be paid to the County by the permittee.
2. Unless a violation of the site plan or obvious health or safety hazard is found, the permit
shall be renewed.
3. The Review Authority decision may be appealed as in DCC 19.16.090(C).
C. This section does not apply to nonconforming uses as defined in DCC 19.16.140.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.16.110. Bond.
A bond or security deposit shall be required of all applicants sufficient to cover costs plus 10% of
necessary road improvements, berming, reclamation, landscaping and other pertinent conditions.
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(Ord. 90 -038 §1, 1990)
19.16.120. Failure to comply.
A. If the Review Authority determines that the permittee is not in compliance with the site plan, he
may institute enforcement proceedings to require such compliance.
B Enforcement may include citing the permittee to District Court, injunctive proceedings or
enforcement of the bond provisions.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.16.130. Exceptions.
DCC Title 19 shall not apply to the following:
A. Excavation or grading operations conducted in the process of farming or cemetery operations.
B. Mineral and aggregate activities when assumed by the Oregon Division of State Lands pursuant
to ORS 196.800 through 196.870.
C. Nothing herein shall be construed to supersede the provisions of the Forest Practices Act (ORS
527.610 through 527.770, 527.990(1) and 527.992) and regulations thereunder which preempt
County law.
(Ord. 90 -038 §1, 1990)
19.16.140. SM Nonconforming Uses.
A. This title shall not apply to uses having a valid state permit upon the date of adoption of this
title.
B. Expansion of existing uses beyond the area covered by state or county permit shall be
consistent with this title.
(Ord. 90 -038 §1, 1990)
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Chapter 19.20. PUBLIC FACILITIES ZONE - PF
19.20.010. Purpose.
19.20.020. Permitted Uses.
19.20.030. Conditional Uses.
19.20.040. Height Regulations.
19.20.050. Lot Requirements.
19.20.060. Off - Street Parking and Loading.
19.20.070. Other Required Conditions.
19.20.010. Purpose.
The PF Zone is intended to provide area for buildings and facilities that are owned and operated by
federal, state or local governments, public utilities, special districts, or non - profit organizations and
which are occupied by such a body to provide governmental or public services within the UGB but
outside the city limits.
(Ord. 2009 -002 § 2, 2009; Ord. 96 -042 §2, 1996)
19.20.020. Permitted Uses.
Except as otherwise limited by the Bend Area General Plan, the following uses are permitted in the
PF Zone subject to the provisions of DCC 19.25:
A. Public buildings, structures and/or yards.
B. Public park and playground, playing fields, swimming pool or similar recreation facilities
intended for use by the public.
C. Community building.
D. Elementary or middle schools.
E. Public utility buildings, structures, and/or yards.
F. Accessory uses and buildings customarily appurtenant to a permitted use or an approved
conditional use.
(Ord. 2009 -002 § 2, 2009; Ord. 96 -042 §2, 1996)
19.20.030. Conditional Uses.
Except as otherwise limited by the Bend Area General Plan, the following uses may be permitted
subject to a conditional use permit and the provisions of DCC 19.25 and 19.55:
A. Public high school and associated facilities.
B. Solid waste transfer or disposal site.
C. Correctional facilities for adults or juveniles
D. Sport complexes, community event facilities and similar regional outdoor recreational areas.
(Ord. 2009 -002 § 2, 2009; Ord. 96 -042 §2, 1996)
19.20.040. Height Regulations.
No building or structure shall hereafter be erected, enlarged or structurally altered to exceed a height
of 35 feet without a conditional use permit.
(Ord. 2009 -002 § 2, 2009; Ord. 96 -042 §2, 1996)
19.20.050. Lot Requirements.
The following lot requirements shall be observed:
A. Lot Area. No requirements.
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B. Lot Width. No requirements.
C. Lot Depth. Each lot shall have an average minimum depth of 100 feet.
D. Front Yard. Ten feet, except when abutting a lot in an R Zone, and then the front yard shall be
the front yard required in the abutting R Zone.
E. Side Yard. None, except when abutting a lot in an R Zone, and then the side yard shall be a
minimum of 20 feet. The required side yard shall be increased by one -half foot for each foot
the building height exceeds 20 feet.
F. Rear Yard. None, except when abutting a lot in an R Zone, and then the rear yard shall be a
minimum of 20 feet. The required rear yard shall be increased by one -half foot for each foot by
which the building height exceeds 20 feet.
G. Lot Coverage. No requirements.
H. Solar Setback. The solar setback shall be as prescribed in DCC 19.40.210.
(Ord. 2009 -002 § 2, 2009; Ord. 96- 042 §2, 1996)
19.20.060. Off - Street Parking and Loading.
Off - street parking and loading space shall be provided as required in DCC 19.30.
(Ord. 2009 -002 § 2, 2009; Ord. 96 -042 §2, 1996)
19.20.070 Other required condition.
A. All service, repair, processing, or storage on property abutting or across the street from a lot in
an R Zone shall be conducted wholly within an enclosed building unless screened from the R
Zone by a site - obscuring fence or wall.
B. Openings to structures on sides abutting an R Zone shall be prohibited if such access or
openings will cause glare, excessive noise or similar conditions that would have an adverse
effect on property in the R Zone.
C. Vehicle storage lots shall be surfaced and maintained so as to eliminate dust and drained so as
to contain all run -off on site.
D. Parking and loading areas and outdoor storage areas directly across the street from an R Zone
shall be set back at least 10 feet from the right of way, and said areas shall be appropriately
landscaped along the residential street frontage to protect the character of the adjoining
residential property. Such landscaping shall be maintained.
E. Access points from a public road to a use in the PF Zone shall be so located as to minimize
traffic congestion and to avoid directing traffic onto access streets of a primarily residential
character.
F. All materials, including wastes, shall be stored and all grounds shall be maintained in a manner
which will not attract or aid the propagation of insects or rodents or create a health or fire
hazard.
(Ord. 2009 -002 § 2, 2009; Ord. 96 -042 §2, 1996)
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Chapter 19.25. SITE PLAN REVIEW
19.25.010. Purpose.
19.25.020. Site Plan Requirements.
19.25.030. Noncompliance.
19.25.040. Procedure.
19.25.050. Other Conditions.
19.25.060. Agreement and Security.
19.25.070. Site Plan Criteria.
19.25.075. Design Review Standards.
19.25.080. Required Minimum Standards.
19.25.090. Deschutes River Corridor Design Review.
19.25.010. Purpose.
A. The purpose of site plan review is to ensure compliance with the objectives of DCC Title 19
and the Comprehensive Plan where development may cause a conflict between uses in the same
or adjoining zones by creating unsightly, unhealthful or unsafe conditions and thereby
adversely affecting the public health, safety and general welfare.
B. The purpose shall also be to avoid creating undue burdens on public facilities and services.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.25.020. Site Plan Review Applicability and Procedures.
A. In all zones, except for a single family unit on one lot, all new uses, buildings, or alterations
shall be subject to the provisions of DCC 19.25.
B. Site Plan Review approval shall not be required where a proposed alteration of an existing
building does not exceed 10% or 1000 square feet, whichever is greater, of the original
structure unless the Review Authority finds the original structure or proposed alteration does
not meet the requirements of this ordinance or other ordinances of Deschutes County.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.25.030. Noncompliance.
A. Noncompliance with a final approved site plan or development agreement shall be treated as a
zoning ordinance violation.
B. The applicant shall demonstrate continued compliance with the approved landscape plan
established under DCC 19.25.030.
(Ord. 2008 -0)o § x -2008; Ord. 90 -038 §1, 1990)
19.25.040. Application Requirements.
A. General Submission Requirements. The applicant shall submit an application in conformance
with the provisions of Title 22, County Development Procedures.
B. Site Plan Review Information. An application for site development review shall include the
following additional information, as deemed applicable by the Planning Director based on the
size, scale and complexity of the development.
1. Site analysis map. At a minimum the site analysis map shall contain the following:
a. The applicant's entire property and the surrounding property to a distance sufficient
to determine the location of the development, and the relationship between the
proposed development site and adjacent property and development.
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b. The property boundaries, dimensions and gross area shall be identified;
c. Topographic contour lines shown at 6 -inch intervals for slopes 5% or less.
i. For slopes greater than 5 %, contour lines shall be shown at 1 -foot intervals.
ii. Identification of slopes greater than 25 %.
d. The location and width of all public and private streets, drives, sidewalks, pathways,
rights -of -way, and easements on the site and adjoining the site;
e. Potential natural hazard areas, including any areas identified as subject to a 100 -year
flood, areas subject to high water table, and areas mapped by the City, County, or
State as having a potential for geologic hazards;
f. Resource areas, including marsh and wetland areas, streams, and wildlife habitat
identified by the County or any natural resource regulatory agencies as requiring
protection;
g. Site features, including existing structures, pavement, large rock outcroppings, areas
having unique views, and drainage ways, canals and ditches;
h. The location, size and species of trees and other vegetation having a caliper
(diameter) of six (6) inches or greater at four feet above grade;
i. Locally or federally designated historic and cultural resources on the site and the
adjacent parcels.
j. North arrow, scale, names and addresses of all persons listed as owners on the most
recently recorded deed;
k. Name, address and telephone number of project designer, engineer, surveyor, and/or
planner, if applicable.
2. Additional information. The Planning Director may require at the applicant's expense,
including but not limited to studies, reports, impact analysis or exhibits prepared by
qualified professionals to address specific site features.
3. Proposed site development plan. The site development plan shall contain the following
information (as applicable):
a. The proposed development site, including boundaries, dimensions, and gross
area;
b. Existing site features, including trees, identified on the site analysis map, if any,
which are proposed to be retained or modified by the proposed development;
c. The location and dimensions of all existing and proposed structures, utilities,
pavement and other improvements on the site. Setback dimensions for all
existing and proposed buildings shall be provided on the site plan;
d. The location and dimensions of all site circulation for vehicles, pedestrians and
bicycles including entrances and exits to the site, loading and service areas.;
e. The location and dimensions of all vehicle parking areas (show striping for
parking stalls and wheel stops (if applicable) and bicycle facilities;
4. Deed restrictions. The applicant shall submit copies of all existing and proposed
restrictions or covenants.
5. Architectural drawings. The Planning Director may request architectural drawings
showing one or all of the following:
a. Building elevations with building height and width dimensions;
b. Floor Plans
c. Building materials, colors and type;
d. The name, address and phone number of the architect or designer .
6. Preliminary grading plan. A preliminary grading plan prepared by a registered engineer
shall be required.
a. The preliminary grading plan shall show the location and extent to which grading
will take place, indicating general changes to contour lines, slope ratios, slope
stabilization proposals, and location and height of retaining walls, if proposed.
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b. Surface water detention and treatment plans may also be required.
7. Landscape plan. A landscape plan may be required, and at the direction of the Planning
Director shall show the following:
a. The location, size, and species of the existing and proposed plant materials (at
time of planting);
b. Existing and proposed building and pavement outlines;
c. Specifications for soil at time of planting, irrigation if plantings are not drought -
tolerant (may be automatic or other approved method of irrigation) and
anticipated planting schedule;
d. The location, size, and species of the existing and proposed plant materials (at
time of planting);
e. The location of existing and proposed terraces, retaining walls, decks, patios,
shelters, and play areas;
f. Other information as deemed appropriate by the Planning Director. An arborist' s
report may be required for sites with mature trees.
8. Sign drawings shall be required in conformance with the county Sign Code in DCC
15.08.
9. Narrative. Letter or narrative report documenting compliance with the applicable
approval criteria contained in Section (D) Approval Criteria, listed below.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.25.050. Other Conditions.
The Review Authority may require the following in addition to the minimum standards of DCC
Title 19 as a condition for site plan approval.
A. An increase in the required yards.
B. Additional off - street parking.
C. Screening of the proposed use by a fence or landscaping or combination thereof.
D. Limitations on the size, location and number of lights.
E. Limitations on the number and location of curb cuts.
F. Dedication of land for the creation or enlargement of streets where the existing street system
will be impacted by or inadequate to handle the additional burden caused by the proposed use.
G. Dedication of land or an easement for the creation or extension of Access Corridors for
pedestrian and bicycle travel.
H. Improvement, including, but not limited to, paving, curbing, installation of traffic signals,
constructing sidewalks, striping bike lanes, or other improvements to the street system which
serves the proposed use where the existing street system will be burdened by the proposed use.
I. Improvement or enlargement of utilities serving the proposed use where the existing utilities
system will be burdened by the proposed use Improvements may include, but shall not be
limited to, extension of utility facilities to serve the proposed use and installation of fire
hydrants.
J. Landscaping of the site.
K. Transit Facility or an easement for bus pullout if on a mass transit route.
L. Location or orientation of buildings and entrances closer to street to serve pedestrians, bicyclists
and/or mass transit use.
M. Any other limitations or conditions which it considers necessary to achieve the purposes of
DCC Title 19.
(Ord. 2009 -002 § 2, 2009; Ord. 93 -018 §4, 1993; Ord. 90 -038 §1, 1990)
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19.25.060. Agreement and Security.
A. The developer and owner shall, as a condition of approval, execute a development agreement
for any improvements required on a form approved by the County Counsel and may be required
to file with the County a performance bond or other security as approved by the County
Counsel to assure full performance of the required improvements.
B. The bond shall be for the cost of the improvements plus 20 percent.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.25.070. Site Plan Criteria.
Approval of a site plan shall be based on the following criteria:
A. Safety and Privacy. Residential site plans shall be designed to provide a safe living
environment while offering appropriate opportunities for privacy and transitions from public to
private spaces.
B. Special Needs of the Disabled. When deemed appropriate, the site plan shall provide for the
special needs of disabled persons, such as ramps for wheelchairs, drop curbs and disabled
parking stalls.
C. Preservation of Natural Landscape. The landscape and existing grade shall be preserved to the
maximum practical degree, considering development constraints and suitability of the
landscape or grade to serve the applicant's functions. Preserved trees and shrubs shall be
protected during construction.
D. Pedestrian and Vehicular Circulation and Parking. The location and number of points of access
to the site, the interior circulation patterns, designs of parking areas and the separation between
pedestrians and moving and parked vehicles shall be designed to promote safety and avoid
congestion on adjacent streets.
E. Buffering and Screening. Areas, structures and facilities for storage, machinery and equipment,
services, loading and parking and similar accessory areas and structures shall be designed,
located, buffered or screened to minimize adverse impacts to the site and neighboring
properties.
F. Utilities. All utility installations above ground, if such are allowed, shall be located so as to
minimize adverse impacts on the site and neighboring properties.
G. Public Facilities. The proposed use shall not be an undue burden on public facilities, such as
the street, sewer or water system.
H. In considering a site plan, the Review Authority shall take into account the impact of the
proposed development on nearby properties, on the capacity of the street system, on land values
and development potential of the area and on the appearance of the street and community.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.25.075. Design Review Standards.
A. In addition to the standards of DCC 19.25.070, the following standards apply to all non-
residential developments.
B. Except as exempted by DCC 19.25.075(B), the provisions of DCC 19.25.075 shall apply to the
following activities:
1. All new building construction.
2. Any exterior modifications to existing buildings, including change of color.
3. All new parking lots.
4. All outdoor storage and display areas.
5. All new signage.
6. All building expansions greater than 10,000 square feet.
C. Exemptions. DCC 19.25.075 does not apply to the following activities:
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1. Maintenance of the exterior of an existing structure such as re- painting, re- roofing or re-
siding where similar materials and colors are used or materials and colors are used that
comply with DCC 19.25.075.
2. Interior remodeling.
3. Reconstruction of buildings which have been destroyed or substantially damaged by fire or
natural causes.
a. The building(s) shall be reconstructed on the same location as it existed prior to
damage or destruction.
b. Reconstruction shall commence within one year of the damage or destruction.
4. Building expansions not exceeding 25 percent of the gross square footage of the original
building and where the expansion does not exceed 10,000 square feet in area.
5. Parking lot expansions not exceeding 25 percent of the gross square footage of the original
lot and where the total amount of parking provided will not exceed 150 percent of the
parking allowed by the Zoning Ordinance.
6. Buildings that are listed in the Inventory of Historic Sites within the Bend Area General
Plan, Exhibit "A," or buildings designated on the Historic National Landmarks Register.
D. Standards for Approval. The Review Authority shall use the standards in DCC 19.25.075 and
the criteria for site plan review to ensure compliance with the purpose of Design Review.
1. The standards of approval for buildings 30,000 gross square feet or less, and sites less than
six acres in size are as follows:
a. Natural Features.
i. Buildings shall be sited to protect areas of special interest as defined in the Bend
Area General Plan.
ii. Other natural features such as natural grade, trees, vegetation and rock
outcroppings are encouraged to be incorporated into the overall site plan and may
be calculated as part of the landscaping requirement if healthy and not damaged
during construction.
b. Building Location and Orientation. New buildings shall have at least one principal
building entrance oriented toward the primary frontage property line and comply with
the transit requirements of OAR 660 -12- 045(4).
c. Pedestrian Walkways:
i. Walkways from the Sidewalk to Building Entrances.
I. A continuous pedestrian walkway shall be provided from the primary frontage
sidewalk for pedestrians to access building entrances.
II. This internal walkway shall incorporate a mix of landscaping, benches, drop -
off bays and bicycle facilities for at least 50 percent of the length of the
walkway.
III. This walkway is necessary for persons who will access the site by walking,
biking or transit.
IV. Walkways shall be connected to adjacent sites wherever practicable.
ii. Walkways from Parking Areas to Building Entrances.
I. Internal pedestrian walkways shall be developed to provide access to the
building(s) from the parking pods.
II. The walkways shall be located within the pods and shall be designed to
provide access from the pods to the entrances of the building(s).
III. The walkways shall be designed to separate people from moving vehicles as
much as possible.
IV. These walkways shall have a minimum width of five feet with no car overhang
or other obstruction.
V. The walkways must also be designed for disabled access according to the
Uniform Building Code.
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VI. This may require the walkways to be widened or modified.
VII. The walkways shall be distinguished from the parking and driving areas by use
of any of the following materials: special pavers, bricks, raised elevation or
scored concrete.
VIII. Other materials may be used if they are appropriate to the overall design of
the site and building.
d. Mechanical Equipment and Service Areas.
i. Mechanical equipment and service areas shall be screened with visual barriers from
adjacent properties, public roadways, parks or other public areas.
ii. The architectural design of the building shall incorporate design features which
screen, contain and conceal all heating, ventilation, air conditioning units, trash
enclosures, dumpsters, loading docks and service yards.
e. Building Design:
i. Exterior Building Design.
I. Buildings with exterior walls greater than 50 feet in horizontal length shall be
constructed using a combination of architectural features and a variety of
building materials and landscaping near the walls.
II. Walls which can be viewed from public streets shall be designed using
architectural features and landscaping (abutting the building) for at least 50
percent of the wall length.
III. Other walls shall incorporate architectural features and landscaping for at least
30 percent of the wall length.
ii. Architectural Features.
I. Architectural features include, but are not limited to, the following: recesses,
projections, wall insets, arcades, window display areas, awnings, balconies,
window projections, landscape structures or other features that complement the
design intent of the structure.
II. In addition, a portion of the on -site landscaping shall abut the walls so that the
vegetation combined with the architectural features significantly reduce the
visual impact of the building mass as viewed from the street.
III. Additional landscaping requirements are in DCC 19.25.080.
iii. Building Materials.
I. The predominant building materials should be materials that are characteristic
of Central Oregon such as brick, wood, native stone and tinted/textured
concrete masonry units and/or glass products.
I. Other materials such as smooth -faced concrete block, undecorated tilt -up
concrete panels, or pre- fabricated steel panels should only be used as accents
and not dominate the building exterior of the structure.
III. Metal roofs may be allowed if compatible with the overall architectural design
of the building.
iv. Roof Design.
I. Roofs shall be designed to reduce the apparent exterior mass of a building, add
visual interest and be appropriate to the architectural style of the building.
II. Variations within one architectural style are highly encouraged.
III. Visible roof lines and roofs that project over the exterior wall of a building
enough to cast a shadow on the ground are required.
IV. Architectural methods shall be used to conceal flat roof tops.
V. Overhanging eaves, sloped roofs and multiple roof elements are highly
encouraged.
VI. Mansard style roofs are prohibited.
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v. Customer Entrances. Clearly defined, highly visible customer entrances using
features such as canopies, porticos, arcades, arches, wing walls, and integral
planters are required.
vi. Community Amenities. Community amenities such as patio /seating areas, water
features, art work or sculpture, clock towers, pedestrian plazas with park benches
or other features located adjacent to the primary entrance to the building(s) are
required and may be calculated as part of the landscaping requirement.
vii. Building and Sign Colors:
I. Exterior colors shall be of low reflectance, subtle, neutral or earth tone.
II. The Deschutes County color guide provides samples of approved and
prohibited colors.
III. The use of trademark colors shall require approval.
IV. The use of high intensity colors such as black, neon, metallic or florescent for
the facade and/or roof of the building are prohibited except as approved for
building trim.
f. Exterior Lighting and Flag Poles. Exterior lighting shall be shielded and directed down
onto the site and not shine or glare onto adjacent property or streets. Light poles and/or
fixtures and flag poles shall not exceed 25 feet in height.
g. Signage.
i. A comprehensive signage plan shall be required pursuant to DCC 15.08, Signs,
except that pole signs are prohibited.
ii. Ground mounted signs shall not exceed 10 feet in height and eight feet in width.
iii. Wider signs may be allowed provided the total area of the sign does not exceed 80
square feet.
iv. All sign bases shall be constructed of materials compatible with the architecture of
the building(s) located on the premises.
v. White, ivory and yellow backgrounds of internally illuminated signs shall not
exceed 20 percent of the total sign area, including reader boards.
2. The standards of approval for buildings greater than 30,000 gross square feet and/or sites
six acres or larger are as follows:
a. Natural Features.
i. Buildings shall be sited to protect areas of special interest as defined in the Bend
Area General Plan.
ii. Other natural features such as natural grade, trees, vegetation and rock
outcroppings are encouraged to be incorporated into the overall site plan and may
be calculated as part of the landscaping requirement if healthy and not damaged
during construction.
b. Building Location and Orientation. New buildings shall have at least one principal
building entrance oriented toward the primary frontage property line and comply with
the transit requirements of OAR 660 -12- 045(4).
c. Pedestrian Walkways:
i. Walkways from the Sidewalk to Building Entrances.
I. A continuous pedestrian walkway shall be provided from the primary frontage
sidewalk for pedestrians to access building entrances.
II. This internal walkway shall incorporate a mix of landscaping, benches, drop -
off bays and bicycle facilities for at least 50 percent of the length of the
walkway.
III. This walkway is necessary for persons who will access the site by walking,
biking or transit. Walkways shall be connected to adjacent sites wherever
practicable.
ii. Walkways from Parking Areas to Building Entrances.
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I. Internal pedestrian walkways shall be developed to provide access to the
building(s) from the parking pods.
II. The walkways shall be located within the pods and shall be designed to
provide access from the pods to the entrances of the building(s).
III. The walkways shall be designed to separate people from moving vehicles as
much as possible.
IV. These walkways shall have a minimum width of five feet with no car overhang
or other obstruction.
V. The walkways shall be designed for disabled access according to the Uniform
Building Code.
VI. This may require the walkways to be widened or modified.
VII. The walkways shall be distinguished from the parking and driving areas by use
of any of the following materials: special pavers, bricks, raised elevation or
scored concrete.
VIII. Other materials may be used if they are appropriate to the overall design of
the site and building.
d. Mechanical Equipment and Service Areas.
I. Mechanical equipment and service areas shall be screened with visual bathers from
adjacent properties, public roadways, parks or other public areas.
II. The architectural design of the building shall incorporate design features which
screen, contain and conceal all heating, ventilation, air conditioning units, trash
enclosures, dumpsters, loading docks and service yards.
e. Building Design:
i. Exterior Building Design.
I. Buildings with exterior walls greater than 50 feet in horizontal length shall be
constructed using a combination of architectural features and a variety of
building materials and landscaping near the walls.
II. Walls which can be viewed from public streets shall be designed using
architectural features and landscaping (abutting the building) for at least 50
percent of the wall length.
III. Other walls shall incorporated architectural features and landscaping for at
least 30 percent of the wall length.
ii. Architectural Features.
I. Architectural features include, but are not limited to the following: recesses,
projections, wall insets, arcades, window display areas, awnings, balconies,
window projections, landscape structures or other features that complement the
design intent of the structure.
II. A portion of the on -site landscaping shall abut the walls so that the vegetation
combined with the architectural features significantly reduce the visual impact
of the building mass as viewed from the street.
III. Additional landscaping requirements are in DCC 19.25.080.
iii. Building Materials.
I. The predominant building materials shall be materials that are characteristic of
Central Oregon such as brick, wood, native stone and tinted/textured concrete
masonry units and/or glass products.
II. Other materials such as smooth -faced concrete block, undecorated tilt -up
concrete panels, or pre- fabricated steel panels should only be used as accents
and not dominate the building exterior of the structure
III. Metal roofs may be allowed if compatible with the overall architectural design
of the building.
iv. Roof Design.
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I. Roofs shall be designed to reduce the apparent exterior mass of a building, add
visual interest and be appropriate to the architectural style of the building.
Variations within one architectural style are highly encouraged.
II. Visible roof lines and roofs that project over the exterior wall of a building
enough to cast a shadow on the ground are required.
III. Architectural methods shall be used to conceal flat roof tops.
IV. Overhanging eaves, sloped roofs and multiple roof elements are highly
encouraged.
V. Mansard style roofs are prohibited.
v. Customer Entrance. Each building shall have at least one clearly defined, highly
visible customer entrance using a combination of the following architectural
features: canopies, porticos, arcades, arches, wing walls, and permanent above
grade integral planters.
vi. Community Amenities.
I. Each building shall contribute to the establishment or enhancement of the
community and public spaces by providing at least two community amenities
such as a patio /seating area, water feature, art work or sculpture, clock tower,
pedestrian plaza with park benches or other features acceptable to the review
authority.
II. These shall abut the primary entrance to the building.
vii. Building and Sign Colors.
I. Exterior colors shall be of low reflectance, subtle, neutral or earth tone colors.
II. The use of high intensity colors such as black, neon, metallic or florescent
colors for the facade and/or roof of the building are prohibited except as
approved for building trim.
III. The color guide provides samples of approved and prohibited colors.
W. The use of trademark colors will require approval.
f. Exterior Lighting and Flag Poles.
i. Exterior lighting shall be shielded and directed down onto the site and not shine or
glare onto adjacent property or streets.
ii. Light poles, light fixtures and flag poles shall not exceed 25 feet in height.
g.. Signage.
i. A comprehensive signage plan shall be required pursuant to DCC 15.08, except
that pole signs are prohibited.
ii. Ground mounted signs shall not exceed 15 feet in height and eight feet in width.
iii. Wider signs may be allowed provided that the total sign are does not exceed 120
square feet.
iv. All sign bases shall be constructed of materials compatible with the architecture of
building(s) located on the premises.
v. White, ivory and yellow backgrounds of internally illuminated signs shall not
exceed 20 percent of the total sign area including reader boards.
E. Exceptions. The Review Authority is authorized to grant exceptions from the setbacks, height,
landscaping, parking and lot coverage standards if it can be determined that:
1. The exception is the minimum needed to achieve the purpose and objectives of DCC
19.25.075;
2. The exception does not adversely impact an adjacent building or property or create any
unsafe pedestrian or vehicular situation; and
3. The exception is necessary to create a more aesthetic or pleasing vista along the streets
F. Compliance with Plans. Construction, site development and landscaping shall comply with the
approved plans, drawings, sketches and other documents approved by the Review Authority.
(Ord. 2009 -002 § 2, 2009; Ord. 97 -038 §3, 1997)
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19.25.080. Required Minimum Standards.
A. Minimum Landscaping Standards. All developments subject to site plan approval shall meet
the following minimum standards for landscaping:
B. Storage. Areas shall be provided in residential developments for the storage of articles such as
bicycles, barbecues, luggage, outdoor furniture, etc.
C. Drainage. Surface drainage shall be contained on site.
D. Bicycle Parking. The development shall provide the number and type of bicycle parking
facility as required in DCC 19.80.080 and 19.80.090. The location and design of bicycle
parking facilities shall be shown on the site plan.
E. Internal Pedestrian Circulation.
1. Internal pedestrian circulation shall be provided in new office parks and commercial
developments through the clustering of buildings, construction of hard surface pedestrian
walkway, and similar techniques.
2. Walkways shall connect building entrances to one another and from building entrances to
public street and existing or planned transit stops.
3. On -site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian
or bicycle connection on adjacent properties planned or used for commercial, multifamily,
institutional or park use.
(Ord. 2009 -002 § 2, 2009; Ord. 97- 038 §4, 1997; Ord. 93- 018 §5, 1993; Ord. 88- 042 §33, 1988)
19.25.090. Deschutes River Corridor Design Review.
A. Purpose. It is the purpose of the Deschutes River Corridor Design Review to ensure
compliance with the objectives of DCC Title 19 and the goals and policies relating to the
Deschutes River in the Bend Area General Plan. The purpose shall also be to:
1. Recognize and respect the unusual natural beauty and character of the Deschutes River.
2. Conserve and enhance the existing riparian zone along the Deschutes River.
3. Allow the community flexibility in reviewing development proposals within the Areas of
Special Interest that are designated on the Bend Area General Plan.
4. Maintain the scenic quality of the canyon and rimrock areas of the Deschutes River.
5. Conserve and enhance property values.
In considering a Design Plan the Review Authority shall take into account the impact of the
proposed development on nearby properties, on the capacity of the street system, on land
values and development potential of the area, and on the appearance of the street and
community.
B. The following areas and uses are exempt from the Deschutes River Design Review process:
1. Public streets and utility facilities existing as of the date of adoption of DCC Title 19.
Notwithstanding anything to the contrary in DCC Title 19, a variance may be granted to the
mandatory 40 foot setback for future public streets and utility facilities.
2. Irrigation facilities, canals and flumes existing as of the date of adoption of DCC Title 19.
C. Design Review Procedure. All new development, structures, additions and exterior alterations
to structures, including outside storage and off - street parking lots within the Deschutes River
Corridor, are subject to a Design Review process.
1. Prior to filing a design review application, the applicant shall confer with the Planning
Director concerning the requirements of formal application.
2. The design review application shall be filed on a form provided by the Planning Division
and shall be accompanied by drawings and information as specified by the Planning
Division. Copies of the plan shall be submitted and such additional information as is
deemed necessary for the Hearings Body to adequately review the application.
3. The Hearings Body shall in accordance with DCC Title 19 and DCC Title 22 approve,
approve with conditions, or disapprove the design plan. In approving the plan, the Hearing
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Body shall find that all provisions of DCC Title 19 are complied with and that all buildings
and facilities, access points, parking loading facilities, lighting, and walls or fences are so
arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare
are protected, and there will be minimal adverse effect on surrounding property and the
river corridor. The decision of the Hearings Body shall be final unless appealed in
accordance with applicable provisions of DCC Title 22.
D. Minimum Standards. All development within the Deschutes River Corridor shall meet the
following minimum standards for development:
1. Building Setbacks. For the areas described below, the setback for all new development
shall be a minimum of 100 feet from the ordinary high water mark unless the applicant can
demonstrate that a lesser setback is warranted, due to lot size and shape, topography,
preservation of natural vegetation, view corridors, and subject to the criteria in DCC
19.25.090(E). In no case shall the setback be less than 40 feet from the ordinary high water
mark of the Deschutes River. The term "new development" shall not include rebuilding an
existing structure provided that the rebuilt structure is comparable in size, profile, use and
location to the structure that previously existed.
a. The east and west banks from the southern boundary of the City of Bend to the
southern boundary of the Bend Urban Area;
b. The east and west banks from the northern boundary of the City of Bend to the
northern boundary of the Bend Urban Area.
2. Building Heights. Maximum structure height shall be limited to 30 feet at the minimum
setback line. The Review Authority may allow increases in building heights up to the
allowed height in the underlying zone the farther the building sets back from the river. The
Review Authority may limit building height the closer to the river a building is allowed.
The building height shall be measured from the lowest natural grade facing the river to the
highest measurable point on or projecting from the roof of the structure.
E. Site and Design Review Criteria. In addition to the minimum standards above, the Review
Authority shall review the development using the following design criteria:
1. Conservation of natural features. Major rock outcrops, stands of trees or other prominent
natural features are an important part of the visual character and duality of the community.
The Review Authority shall review the applicant's proposal for impacts on these resources
and may limit the amount of removal, require additional screening, or moving or reducing
in size the development addition or structure in order to preserve to the greatest extent
possible, existing natural features.
2. Compatibility with existing area. The Review Authority shall consider the relationship of
the proposed development with the existing surroundings, in terms of building bulk, height,
location, separation, shape, parking areas, lighting, fences, landscaping, open space, visual
and physical corridors to the river and adjacent land use. The Review Authority may
establish increased setbacks, limitations of building heights, and limitations on the bulk and
length of buildings, limitations on lighting, landscaping, fences, size and shape of windows
facing the river, size and location of parking, and outdoor storage areas in order to carry out
the purpose of DCC Title 19.
3. Colors and Materials. The Review Authority shall consider colors and materials. The
Review Authority may require new structures and additions to existing structures to be
finished in muted earth tones that blend with and reduce contrast with the surrounding
vegetation and landscape of the building site or colors that are compatible with adjacent
buildings.
4. No large areas, including roofs, shall be finished with bright or reflective materials. Metal
roofing material is permitted if it is nonreflective and of a color which blends with the
surrounding vegetation and landscape.
(Ord. 2009 -002 § 2, 2009; Ord. 94- 027 §3, 1994; Ord. 90- 038 §1, 1990)
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Chapter 19.30. OFF - STREET PARKING AND LOADING
19.30.010. Compliance.
19.30.020. Off - Street Loading.
19.30.030. Off - Street Parking.
19.30.040. Number of Spaces Required.
19.30.050. General Provisions - Off - Street Parking.
19.30.060. Development and Maintenance Standards for Off - Street Parking Areas.
19.30.070. Off - Street Parking Lot Design.
19.30.080. Required Bicycle Parking.
19.30.090. Bicycle Parking Location and Design; Other Required Conditions.
19.30.010. Compliance.
A. No building or other permit shall be issued until plans and evidence are presented to show how
the off - street parking and loading requirements are to be fulfilled and that property is and will
be available for exclusive use as off - street parking and loading space.
B. The subsequent use of the property for which the permit is issued shall be conditional upon the
unqualified continuance and availability of the amount of parking and loading space required
by DCC Title 19.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.30.020. Off - Street Loading.
A. Uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or
unloading berths in accordance with the following table. Every use for which a building is
erected or structurally altered to the extent of increasing the floor area to equal a minimum floor
area required to provide loading space, and which will require the receipt or distribution of
materials or merchandise by truck or similar vehicle, shall provide off - street loading space on
the basis of minimum requirements as follows:
Floor Area (sq.ft.)
No. of Berths Required
Less than 5,000
0
5,000- 30,000
1
30,000- 100,000
2
100,000 and Over
3
B. Uses which have a gross floor space of 30,000 square feet or more shall provide off - street truck
loading or unloading berths in accordance with the following table:
Floor Area (sq.ft.)
No. of Berths Required
Less than 30,000
0
30,000- 100,000
1
100,000 and Over
2
C. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14
feet. Where the vehicles generally used for loading and unloading exceed these dimensions, the
required length of these berths shall be increased.
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D. If loading space has been provided in connection with an existing use or is added to an existing
use, the loading space shall not be eliminated if elimination would result in less space than is
required to adequately handle the needs of the particular use.
E. Off - street parking areas used to fulfill the requirements of DCC Title 19 shall not be used for
loading and unloading operations, except during periods of the day when not required to take
care of parking needs.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.30.030. Off - Street Parking.
A. Off - street parking space shall be provided and maintained as set forth in DCC 19.30.040 for all
uses in all zones.
B. Such off - street parking spaces shall be provided at the time a new building is erected or
enlarged or the change in the use of a building.
C. Improved off - street parking shall mean paved with two inches of paving.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.30.040. Number of Spaces Required.
Off - street parking shall be provided as follows:
A. Residential.
One, two and three - family dwellings: 12 spaces per dwelling unit.
B. Community Organizations.
Club or Lodge
Spaces to meet the combined requirements of the uses
being conducted such as hotel, restaurant, auditorium, etc.
C. Places of Public Assembly.
Church
1 space per 4 seats or 8 feet of bench length in the main
auditorium
Library, Reading Room, Museum, Art
Gallery
1 space per 400 sq. ft. of floor area plus 1 space per 2
employees
Preschool Nursery or Kindergarten
2 spaces per teacher
Elementary or Junior High School
1 space per employee, or 1 space per 4 seats or 8 ft. of
bench length in auditorium, whichever is greater
High School
1 space per employee plus 1 space for each 6 students, or
1 space per 4 seats or 8 feet of bench length in the main
auditorium, whichever is greater
Other Auditorium or Meeting Room
1 space per 4 seats or 8 feet of bench length. If no fixed
seats or benches, 1 space per 60 sq. ft. of floor area.
D. Other uses not specifically listed above shall furnish parking as required by the Review
Authority .
E. The Review Authority shall use the above list as a guide for determining requirements for said
other uses.
(Ord. 2009 -002 § 2, 2009; Ord. 88 -042 §34, 1988)
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19.30.050. General Provisions - Off - Street Parking.
A. More Than One Use on One or More Parcels. In the event several uses occupy a single
structure or parcel of land, the total requirement for off - street parking shall be the sum of the
requirements of the several uses computed separately.
B. Joint Use of Facilities.
1. The off - street parking requirements of two or more uses, structures or parcels of land may
be satisfied by the same parking or loading space used jointly to the extent that it can be
shown by the owners or operators of the uses, structures or parcels that their operations and
parking needs do not overlap in point of time.
2. If the uses, structures or parcels are under separate ownership, the right to joint use of the
parking space must be evidenced by a deed, lease, contract or other appropriate written
document to establish the joint use.
C. Location of Parking Facilities.
1. Off - street parking spaces for dwellings shall be located on the same lot with the dwellings.
2. All other off - street parking shall be located on the lot with the use or, if not located on the
same lot, shall be first approved as a conditional use.
3. The applicant must prove that the parking located on another parcel is functionally located
and that there is safe vehicular and pedestrian access to and from the use.
4. The burden of proving the existence of such off - premises parking arrangements rests upon
the person who has the responsibility of providing parking.
D. Use of Parking Facilities. Required parking space shall be available for the parking of operable
passenger automobiles of residents, customers, patrons and employees only, and shall not be
used for the storage of vehicles or materials or for the parking of trucks used in conducting the
business or used in conducting the business or use.
E. Accessible Parking.
1. The number, location and design of accessible parking spaces shall be as required by the
building code.
2. Buildings and uses in existence on April 30, 1993 that are retroactively required to provide
disabled parking facilities may place the accessible spaces in the front yard setback area if it
is not possible to locate the parking elsewhere on the site.
(Ord. 2009 -002 § 2, 2009; Ord. 97 -038 §5, 1997; Ord. 93- 018 §6, 1993; Ord. 90 -038 §1, 1990)
19.30.060. Development and Maintenance Standards for Off - Street Parking Areas.
Every parcel of land hereafter used as a public or private area shall be developed as follows:
A. An off - street parking area for more than five vehicles shall be effectively screened by a
site - obscuring fence, hedge or planting on each side which adjoins a residential use or property
situated in a residential zone or the premises of any school or like institution.
B. Any lighting used to illuminate the off - street parking areas shall be so arranged that it will not
project light rays directly upon any adjoining property .
C. Except for single - family and duplex dwellings, groups of more than two parking spaces shall be
so located and served by a driveway that their use will require no backing movements or other
maneuvering within a street or right of way other than an alley.
D. Areas used for standing and maneuvering of vehicles shall be paved surfaces maintained
adequately for all weather use and so drained as to contain any flow of water on the site.
E. Except for parking to serve residential uses, parking and loading areas adjacent to or within
residential zones or adjacent to residential uses shall be designed to minimize disturbance of
residents.
F. Access aisles shall be of sufficient width for all vehicular turning and maneuvering.
PAGE 44 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
G. Service drives to off - street parking areas shall be designed and constructed to facilitate the flow
of traffic, provide maximum safety of traffic access and egress and maximum safety of
pedestrians and vehicular traffic on the site.
1. The number of service drives shall be limited to the minimum that will accommodate and
serve the traffic anticipated.
2. Service drives shall be clearly and permanently marked and defined throughout by the use
of rails, fences, walls or other barriers or markers.
H. Service drives shall have a minimum vision clearance area formed by the intersection of the
driveway center line, the street right -of -way line and a straight line joining said lines through
points 30 feet from their intersection.
I. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or
bumper rail so placed to prevent a motor vehicle from extending over an adjacent property line,
pedestrian walkway, bikeway, or a street right of way.
(Ord. 2009 -002 § 2, 2009; Ord. 93 -018 §7, 1993; Ord. 90 -038 §1, 1990)
19.30.070. Off - Street Parking Lot Design.
All off - street parking lots shall be designed in accordance with county standards for stalls and aisles
set forth in the following drawings and table:
SEE TABLE AT END OF CHAPTER 19.30
A. For one row of stalls, use C plus D as minimum bay width.
B. Public alley width may be included as part of dimension D, but all parking stalls must be on
private property, off the public right of way.
C. For estimating available parking area, use 300 -325 sq. ft. per vehicle for stall, aisle and access
areas.
D. For narrow lots, equivalent size stalls and aisles may be approved by the Public Works
Director.
E. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars
provided that the compact stalls not exceed 30 percent of the total required stalls.
F. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.30.030. Required Bicycle Parking.
A. On -site bicycle parking shall be provided as listed below.
B. Fractional spaces shall be rounded to the next highest number.
C. Bicycle parking for multiple uses or large commercial developments may be provided in one or
more locations.
D. Bicycle Parking Requirements.
Use
Requirement
Elementary school
1 covered space for every 10 students in grades 2
through 5
Junior High or Middle School
1 covered space for every 10 students
Public or private recreational facility
1 space for every 10 employees plus 1 space for every
20 motor vehicle spaces
(Ord. 2009 -002 § 2, 2009; Ord. 93 -018 §8, 1993)
PAGE 45 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
19.30.090. Bicycle Parking Location And Design; Other Required Conditions.
A. Each required bicycle parking space shall be on asphaltic concrete, portland cement, or similar
hard surface material and each space shall be at least two feet wide by six feet long with a
minimum vertical clearance of seven feet.
B. An access aisle at least five feet wide shall be provided and maintained beside or between each
row of bicycle parking.
C. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which
the bicycle can be stored or a stationary rack upon which the bicycle can be locked.
1. Bicycle rack design must accommodate both U- shaped locks and cables and include, but
are not limited to, such shapes as an inverted "U" design or a "ribbon."
2. Racks shall be securely anchored to a walkway, parking lot, building, or other approved
structure.
D. Where required, covered bicycle parking may be provided underneath an awning, eave, or other
structural overhang, inside the main building or an accessory parking structure, or other facility
as determined by the Site Plan Review that protects the bicycle from direct exposure to the
elements.
E. Except as noted below, all required bicycle parking shall be located on -site within 50 feet of
well -used entrances and not farther than the closest motor vehicle parking space.
F. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly
illuminated and visible from adjacent sidewalks or motor vehicle parking lots.
G. Bicycle parking shall be at least as well -lit as motor vehicle parking.
(Ord. 2009 -002 § 2, 2009; Ord. 93 -018 §9, 1993)
OFF STREET PARKING LOT DESIGN
Parking
Angle
Stall Width
20' Stall
Depth
Aisle Width -
One -Way
Curb length
per Car
Bay width
9' -0"
9.0
12.0
22.0
30.0
0°
9' -6"
9.5
12.0
22.0
31.0
10' -0"
10.0
12.0
22.0
32.0
9' -0"
19.8
13.0
12.7
52.5
45°
9' -6"
20.1
13.0
13.4
53.3
10' -0"
20.5
13.0
14.1
54.0
9' -0"
21.0
18.0
10.4
60.0
60°
9' -6"
21.2
18.0
11.0
60.4
10' -0"
21.2
18.0
10.6
60.4
9' -0"
21.0
19.0
9.6
61.0
70°
9' -6"
21.2
18.5
10.1
60.9
10' -0"
21.2
18.0
10.6
30.4
9' -0"
20.0
24.0
9.0
64.0
90°
9' -6"
20.0
24.0
9.5
64.0
10' -0"
20.0
24.0
10.0
64.0
* 24' Minimum For Two -Way Traffic
PAGE 46 OF 100- EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
Chapter 19.35. SPECIAL SETBACK PROVISIONS ON CERTAIN STREETS
19.35.010. Future Width and Special Building Lines.
19.35.020. Landscape Strips and Special Building Lines.
19.35.010. Future Street Widths and Special Building Lines.
A. Applicability.
1. The following special setback standards shall be applied to any lot or parcel that abuts an
arterial, collector or local street.
2. Where applicable, requirements set forth in this provision shall be in addition to the yard
requirements specified by the zoning districts.
3. The distances set forth shall be measured from the center -line and at right angles to the
centerline of the street.
Special Setback Standards
Street Classification
Additional Setback
from Centerline of Street
Local Street
30 feet
Collector
40 feet
Arterial (Principal, Major, Minor)
50 feet
B. The additional setback line shall be an assumed property boundary for the purpose of sidewalk
construction.
(Ord. 2009 -002 § 2, 2009; Ord. 91- 045 §1, 1991; Ord. 90 -038 §1, 1990)
19.35.020. Landscape Strips and Special Building Lines.
A. All properties abutting an Expressway, Arterial or Collector designated street shall provide a
10 -foot building setback line from the street right -of -way line.
1. Areas within this special setback shall be landscaped and continuously maintained by the
property owner.
2. Landscaping shall be installed upon the development of property, the expansion of the use
on the property or upon the change in use on any property within the specified sections of
streets. Where applicable, the requirements set forth in this provision shall supersede the
yard requirements specified for the zones.
B. Compliance Required. It shall be unlawful for any person to construct, erect or locate any
building or other structure within any setback lines as established in DCC 19.35.020.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990; Ord. 88 -042 §35, 1988)
PAGE 47 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
Chapter 19.40. PROVISIONS APPLYING TO SPECIAL USE STANDARDS
19.40.010. Repealed.
19.40.020. Kennels, Riding Academies and Public Stables.
19.40.030. Cemetery, Crematory or Mausoleum.
19.40.040. Churches, Hospitals or Other Religious Institutions.
19.40.050. Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs.
19.40.060. Repealed.
19.40.070. Keeping of Livestock.
19.40.080. Repealed.
19.40.090. Temporary Permits For Manufactured Homes.
19.40.100. Mines, Quarries, Gravel Pits or Gravel Removal Sites.
19.40.110. Repealed.
19.40.120. Utilities.
19.40.130. Repealed.
19.40.140. Home Occupation.
19.40.150. Repealed
19.40.160. Day Care Facility.
19.40.170. Repealed
19.40.180. Plant Nursery.
19.40.190. Hydroelectric Facilities.
19.40.200. Repealed.
19.40.210. Solar Setbacks.
19.40.220. Solar Access Permit.
19.40.230. Repealed
19.40.240. Fill and Removal.
19.40.250. Repealed
19.40.260. Repealed
19.40.270. Repealed
19.40.280. Manufactured Homes.
19.40.290 A Manufactured Home or Recreational Vehicle as a Temporary Residence for
Medical Condition.
19.40.300 Farm Stands
19.40.010. (Repealed by Ord. 2009 -002, 2009)
19.40.020. Kennels, Riding Academies and Public Stables.
A. In zones where kennels, riding academies and public stables are permitted, such facilities shall
be located not less than 200 feet from any property line, shall provide automobile and truck
ingress and egress and also provide parking and loading spaces so designed as to minimize
traffic hazards and congestion.
B. Applicants shall show that odor, dust, noise and drainage shall not constitute a nuisance, hazard
or health problem to adjoining property or uses.
(Ord. 2009 -002 § 2, 2009; Ord. 90- 038 §1, 1990)
PAGE 48 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
19.40.030. Cemetery, Crematory or Mausoleum.
A. A cemetery, crematory or mausoleum shall have its principal access on a major street or road
with ingress and egress so designed as to minimize traffic congestion and shall provide required
SR or off - street parking space.
B. Cemeteries shall establish and maintain appropriate landscaping and screening to minimize the
conflict with abutting residential uses.
(Ord. 90- 038 §1, 1990)
19.40.040. Churches or Other Religious Institutions.
A. Churches or other religious institutions maybe located on an arterial or collector street.
B. Such uses may also be located on a local street provided that there is sufficient access to arterial
or collector streets and that such uses do not unduly impact residential areas.
C. Access and required off - street parking shall be designed to minimize impact on existing traffic
patterns and adjoining properties.
D. All buildings shall be set back 30 feet from side and rear lot lines and all off - street parking
facilities shall be screened from abutting properties.
(Ord. 2009 -002 § 2, 2009; Ord. 40 -044 §1, 1982)
19.40.050. Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs.
A. All buildings shall be set back a minimum of 30 feet from a side or rear lot line.
B. There shall be no external evidence of any incidental commercial activities taking place within
the building.
C. All such uses shall be located on a major street or road and be able to provide access without
causing traffic congestion on local residential streets.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.40.060. (Repealed by Ord. 2009 -002, 2009)
19.40.070. Keeping of Livestock.
The Review Authority may authorize the keeping of livestock as a conditional use in the UAR, UH-
10 and UH 2.5zones, subject to the following standards:
A. One horse, cow, goat, sheep, swine or other livestock shall have a corral or pasture with a
usable area of at least 7,500 square feet; two horses, cows, goats, sheep, swine or other
livestock, at least 10,000 square feet; and for each additional horse, cow, goat, sheep, swine or
other livestock, at least 5,000 square feet, but in no case shall the above use be allowed on any
parcel of land less than one acre in size.
B. No enclosure for horses, cows, goats, sheep, swine or other livestock shall be located closer
than 100 feet to a neighboring dwelling.
C. Fences erected in connection with the keeping of livestock shall be of lumber or other standard
fencing material (not including barbed wire or electric fence), shall be kept in good repair and
shall be at least four feet in height. A fence shall meet the setback requirements of the zone.
(Ord. 90 -038 §1, 1990)
19.40.080 (Repealed by Ord. 90 -038 1990)
19.40.090. Temporary Permits for Manufactured Homes.
Temporary use permits for manufactured home or trailer house type units may be authorized by the
Review Authority in the following circumstances upon such terms and conditions as prescribed by
the Review Authority.
PAGE 49 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
A. Temporary use permits may be granted in favor of schools for a specified time.
B. A manufactured home of any class or a recreational vehicle may be authorized as a temporary
residence on an individual lot and shall comply with the following additional provisions:
1. The manufactured home or recreational vehicle shall be placed upon a lot for which a
building permit for a housing unit has been obtained.
2. The manufactured home or recreational vehicle shall be occupied only during a period in
which satisfactory progress is being made toward the completion of the housing unit on the
same site.
4. Electric, water and sewer utility connections shall be made to the manufactured home or
recreational vehicle.
5. The manufactured home shall be removed from the lot not later than 18 months following
the date on which the building permit for the housing unit is issued or not later than two
months following the date of final building inspection of the housing unit, whichever
occurs first.
6. The habitation of the recreational vehicle must cease, and its connection to all utilities other
than electric must be discontinued not later than 18 months following the date on which the
building permit for the housing unit is issued or not later than two months following the
completion of the housing unit, whichever occurs first.
7. All evidence that the manufactured home has been on the lot shall be removed within the
30 days following the removal of the manufactured home.
C. Temporary use permits may be granted in connection with construction projects.
1. The duration of such permits shall not continue beyond the construction period and the
permit shall terminate upon occupancy of the building being constructed.
2. The Building Official may issue such permits.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.40.100. Mines, Quarries, Gravel Pits or Gravel Removal Sites.
A. Extractions from deposits of rock, stone, gravel, sand, earth, minerals or building or
construction materials shall not be construed to be a permitted use in any zone of DCC Title 19
(except as outlined in DCC 19.16 for permitted uses in an SM zone) unless a conditional use
permit shall first have been obtained as provided in DCC 19.55, except for on -site excavation
and grading in conjunction with a specific construction or improvement project.
B. The Review Authority shall have the power to grant conditional use permits, which are valid for
a specific period of time or are revocable, to permit extractions from deposits of rock, stone,
gravel, sand, earth, minerals or building or construction materials.
C. Odors, dust, noise or drainage shall not be permitted to create or become a nuisance to
surrounding property.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.40.110 (Repealed by Ord. 90 -038, 1990)
19.40.120. Utilities.
A. The erection, construction, alteration or maintenance by public utility or municipal or other
governmental agencies of underground, overhead, electrical, gas, steam or water transmission
or distribution systems, collection, communication, supply or disposal system, including poles,
towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, hydrants and other similar equipment and accessories in connection therewith,
but excluding buildings, may be permitted in any zone.
B. Utility transmission and distribution lines, poles and towers may exceed the height limits
otherwise provided for in DCC Title 19.
PAGE 50 OF 100— EXHIBIT "A" TO ORDNANCE 2009 -002 (1/26/09)
EXHIBIT "A"
C. As far as possible, transmission towers, poles, overhead wires, pumping stations and similar
gear shall be located, designed and installed to minimize their effect on scenic values.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.40.130. (Repealed by Ord. 2009 -002, 2009)
19.40.140. Home Occupation.
A. An occupation carried on within a dwelling by members of the family occupying the dwelling
with no servant, employee or other persons being engaged, provided the occupation is
conducted in such a manner as not to give an outward appearance nor manifest any
characteristics of a business in the ordinary meaning of the term nor infringe upon the right of
neighboring residents to enjoy the peaceful occupancy of their homes.
B. Such occupations shall be a secondary use on the premises, shall not occupy more than 25
percent of the floor area of one floor of the dwelling and there shall be no stock in trade stored
or displayed or goods sold upon the premises.
C. Signs shall be permitted according to the provisions of the sign ordinance.
D. For purposes of DCC Title 19, nursery schools and kindergartens shall not be considered home
occupations in residential zones.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.40.150. (Repealed by Ord. 2009 -002, 2009)
19.40.160. Day Care Facility.
A. Day care facilities shall have a minimum site size of 5,000 square feet and shall provide and
thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total
capacity.
B. All outside play shall be enclosed by a fence of at least four feet but not more than six feet in
height.
C. Day care facilities and nursery schools shall provide adequate off - street parking and loading
spaces and may be required to provide a driveway designed for continuous forward flow of
passenger vehicles for the purposes of loading and unloading.
(Ord. 2009 -002 § 2, 2009; Ord. 88 -042 §37, 1988)
19.40.170. (Repealed by Ord. 2009 -002, 2009)
19.40.180. Plant Nursery.
A. A plant nursery deals primarily with raising and selling shrubs, trees, ornamental bedding plants
and the like.
B. Such a use may be approved where permitted upon compliance with the following standards:
1. Location on an arterial street.
2. If the proposed location is on a major highway, such as 97 or 20, then access to the site
shall be from a frontage road or secondary street.
3. Since these operations are commercial in nature, they shall be permanently and well
landscaped, respecting the character of a residential area or entrance into the community.
4. Site plan review shall consider the need for a subdued use of lights, the need for adequate
parking, berms, screens, etc., for separation of parking and other activities from existing
and future residences.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
PAGE 51 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
19.40.190. Hydroelectric Facilities.
Low -head hydroelectric generating facilities shall be considered a conditional use in all zones
subject to the procedures of DCC 19.100 and the following standards:
A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall
be enlarged or expanded in size of area or generating capacity on: Tumalo Creek.
B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River within the Bend
Urban Growth Boundary (from River Mile 171 below Lava Island Falls downstream to River
Mile 160) subject to DCC 19.100.
(Ord. 2009 -002 § 2, 2009; Ord. 86 -017 §15, 1986)
19.40.200. (Repealed by Ord. 99 -001, 1999)
19.40.210. Solar Setbacks.
A. Purpose. The purpose of DCC 19.40.210 is to provide as much solar access as practical during
the winter solar heating hours to existing or potential buildings by requiring all new structures
to be constructed as far south on their lots as is necessary and feasible.
B. Standards. Every new structure or addition to an existing structure shall meet the following
standards except as provided in DCC 19.40.210(C):
1. South Wall Protection Standard. The south wall protection standard is established in
Appendix A, and all new structures or additions shall meet this standard if feasible. If it is
not feasible due to physical constraints of the lot, including but not limited to, rock
outcroppings, septic systems, existing legal restrictions or lot dimensions as determined by
the Review Authority, then the structure or addition must be located as far to the south on
the lot as feasible and must meet the standard set forth in DCC 19.40.210(B)(3)(b).
2. South Roof Protection Standard. All new structures or additions to existing structures shall
meet the standard for south roof protection set forth in Appendix B.
3. Exceptions. The south roof protection standard shall not apply only if the applicant
establishes:
a. That the structure cannot be located on the lot without violating the requirements
contained in Appendix B of Ordinance No. 83 -041; and
b. That the structure is built with its highest point as far to the south as feasible; and
i. That the structure is a single - family residence with a highest point less than or
equal to 16 feet high; or, if not a single - family residence;
ii. That it is a permitted or conditional use for the lot.
C. Exemptions.
1. The governing body may exempt from the provisions of DCC 19.40.210 any area which it
determines unfeasible for solar use because the area is already substantially shaded due to
heavy vegetation or steep north facing slopes and any area or zone in which taller buildings
are planned.
2. The Review Authority shall exempt a structure from the provisions of DCC 19.40.210 if
the structure will shade only a protected area in which solar uses are not feasible because
the protected area is already substantially shaded at the time a request for exemption is
made and approved by the Review Authority.
3. The Review Authority shall exempt a structure from the provisions of DCC 19.40.180, if
the structure is in conformance with a solar height restriction as provided in Ordinance
81 -043, Deschutes County Subdivision/Partition Ordinance, as amended.
(Ord. 83 -041 §3, 1983)
PAGE 52 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
19.40.220. Solar Access Permit.
A. Purpose. The purpose of DCC 19.40.220 is to provide solar access to productive solar
collectors by establishing limitations, on a case -by -case basis, for the growth of vegetation on
certain lots in the vicinity of a productive solar collector.
B. Application for Solar Access Permit.
1. Any owner may submit an application for a solar access permit to provide solar access for a
productive solar collector located on the owner's real property.
2. The application for a solar access permit shall be on forms prescribed by the county and
shall contain, at a minimum:
a. A legal description of the applicant's lot, including a statement that the applicant is the
owner of the lot, and a description of the nature of the applicant's interest in the lot.
b. Documentation to show that the solar collector is or will be a productive solar collector
within one year of application.
c. Descriptive drawings of the solar collector showing its dimensions and precise location.
d. A sunchart and a statement of the solar heating hours for which solar access is sought.
e. A statement that there is no reasonable alternative location for the solar collector that
would result in a lesser burden on a neighboring lot.
f. A statement that trimming the vegetation on the applicant's lot will not permit an
alternative location that would lessen the burden on a neighboring lot.
g. A list of the lots that are within 150 feet to the south, southeast or southwest of the solar
collector, including streets, alleys and other unbuildable areas; a legal description for
each such lot; the owner of record and his address; the exempt vegetation located on
the lot and any existing nonexempt vegetation likely to encroach on the protected area.
h. A statement that none of the lots impacted are located on a north - facing slope with a
grade that exceeds, on average, 15 percent.
i. A plot plan showing the location of and delineating all exempt and nonexempt
vegetation as shown on the sunchart photograph as well as any nonexempt vegetation
not shown on the sunchart which may encroach on the protected area in the future. The
plot plan shall also include:
i. The exact site of the solar collector, its height and its orientation.
ii. Scale.
iii. An indication of true north.
iv. A survey of the lot.
3. The solar access permit application shall be approved if:
a. The solar collector is or will be a productive solar collector.
b. The protected area to be created by the solar access permit is reasonably located. A
solar access permit shall be denied under DCC 19.40.220(B)(3)(b) if the applicant
could trim his own vegetation to permit an alternative location that would be less
burdensome upon a burdened neighboring lot. A solar access permit shall also be
denied under DCC 19.40.220(B)(3)(b) if there is an alternate location that would
impose a lesser burden on a neighboring lot or lots.
c. The applicant requests solar heating hours no greater than two hours before and after
the solar zenith from September 22 to March 21, and three hours before and after the
solar zenith from March 22 to September 21.
d. The solar access provided by the permit does not burden any lot with a north - facing
slope with a grade that exceeds, on average, 15 percent or which is more than 150 feet
from the solar collector.
5. The application is accurate and complete.
C. Solar Access Permit Issuance and Recordation.
PAGE 53 OF 100— EXHIBIT "A" TO ORDINANCE 2009 -002 (1/26/09)
EXHIBIT "A"
1. Upon the approval of an application, the County shall issue and acknowledge a solar access
permit creating the solar access requested in the application.
2. Upon receiving such a permit, the County Clerk shall:
a. Record the solar access permit in the chain of title of the applicant's lot and of each
neighboring lot identified in the application; and
b. Keep a copy of the approved application on file in County Records.
3. The form of the solar access permit shall be as prescribed by the County and shall contain
at a minimum-
a. A legal description of the applicant's lot and each neighboring lot to be burdened by the
solar access created by the solar access permit.
b. A complete description of the solar access restrictions applicable to each neighboring
lot, including the solar heating hours during which solar access is provided and a
sunchart showing the plotted skyline, including vegetation and structures, and a scaled
drawing showing the size and location of the protected area and its orientation with
respect to true south.
c. A reference to where the approved application may be obtained.
D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access
permit shall trim any vegetation not exempted on the burdened lot that shades the protected area
created by the solar access permit provided that there is no vegetation on the lot benefited by
the solar access permit that also shades the protected area. The cost of such trimming shall be
borne by the owner of the benefited lot if the vegetation existed at the time of permit application
as shown on the plot plan, and for all other vegetation, by the owner of the burdened lot.
Before any trimming is required, the collector owner must certify that the collector is still
productive.
E. Termination of Solar Access Permit.
1. The Review Authority shall terminate the solar access permit with respect to all or part of
the neighboring lots burdened by the solar access permit if a petition for termination is
submitted by the applicant or the applicant's successor in interest or the collector is not
productive for 12 consecutive months.
2. The County Clerk shall record the termination of the solar access permit in the chain of title
of each lot affected by the termination.
(Ord. 2009 -002 § 2, 2009; Ord. 83 -041 §4, 1983)
19.40.230. (Repealed by Ord. 2009 -002, 2009)
19.40.240. Fill and Removal.
Except as otherwise provided in DCC Title 19, no person shall fill or remove any material or
remove any vegetation, regardless of the amount, within the bed and banks of any stream or river,
or in any wetland, unless such fill or removal is approved as a conditional use in accordance with
the following standards:
A. An application shall be filed containing a plan with the following information.
1. A detailed explanation of the planned fill or removal including the amount of material to be
filled or removed.
2. An explanation of why the fill or removal is necessary.
3. A site plan, drawn to scale and accompanied by such drawings, sketches and descriptions
as are necessary to describe and illustrate the proposed fill or removal. The site plan shall,
at a minimum, include:
a. An inventory of existing vegetation.
b. The proposed modifications, if any, to the vegetation.
c. Existing and proposed site contours.
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d. Location of property lines, easements and high -water marks.
e. Other site elements or information which will assist in the evaluation of the proposed
fill or removal.
B. Public facility and service uses, such as construction or maintenance of roads, bridges, electric,
gas, telephone, sewer or water transmission and distribution lines and related facilities
controlled by public utilities or cooperative associations shall not be granted conditional use
permits to fill or remove unless the following findings are made:
1. That all necessary state and federal permits will be obtained as a condition of approval of
the conditional use.
2. That the roads, bridges, transmission and distribution lines and related facilities cannot, as a
practical matter, be located outside of the wetland or bed and bank of the stream or river.
3. That the construction or maintenance requiring the fill or removal will be done in a manner
designed to minimize the adverse impact upon the wetland, stream or river.
4. That erosion will be adequately controlled during and after construction.
5. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to
the greatest extent practical. The Oregon Department of Fish and Wildlife will be
requested to review and comment on the application.
C. Fill or removal required for public park and recreation areas, natural and outdoor education
areas, historic and scientific areas, wildlife refuges, public boat launching ramps, public docks
and public walkways shall not be allowed as a conditional use unless the following findings are
made:
1. That all necessary state and federal permits will be obtained as a condition of approval of
the conditional use permit.
2. That only the minimum removal of vegetation or material and dredging or excavation
necessary for construction and maintenance will be done.
3. That the specific location of the site will require the minimum amount of disturbance to the
natural environment, considering alternative locations in the area and methods of
construction.
4. That such construction and maintenance is designed and done in such a manner as to
minimize the adverse impact on the site.
5. That erosion will be adequately controlled during and after construction.
6. That the impacts on fish and wildlife habitat by the fill or removal will be minimized to the
greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to
review and comment on the application.
D. Except for uses identified in DCC 19.40.240(B) and (C), an application for a conditional use
permit for activity involving fill or removal of material or vegetation within the bed and banks
of a stream, river or wetland:
1. Shall be granted only after consideration by the Review Authority of the following factors:
a. The effects on public or private water supplies and water quality.
b. The effects on aquatic life and habitat and wildlife and habitat. The Oregon
Department of Fish and Wildlife will be requested to review and comment on the
application.
c. Recreational, aesthetic and economic values of the affected water resources.
d. Effects on the hydrologic characteristics of the water body, such as direction and
velocity of flow, elevation of water surface, sediments transportation capacity,
stabilization of the bank and flood hazards.
e. The character of the area, considering existing stream bank, stabilization problems and
fill or removal projects which have previously occurred.
2. Shall not be granted unless all of the following conditions are met:
a. That all necessary state and federal permits will be obtained as a condition of approval
of the conditional use.
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b. That there is no practical alternative to the proposed project which will have less
impact on the surrounding area, considering the factors established in DCC
19.40.240(D)(1).
c. That there will be no significant impacts on the surrounding area, considering the
factors established in DCC 19.40.240(D)(1).
d. That erosion will be adequately controlled during and after the project.
e. That vegetation will maintain the essential character, quality and density of existing
growth. Additional vegetation shall be required if necessary to protect aquatic life
habitats, functions of the ecosystem, wildlife values and aesthetic resources or to
prevent erosion.
f. That the proposed fill or removal activity will be consistent with all relevant goals and
policies of the Deschutes County Comprehensive Plan.
g. That a conservation easement, as defined in DCC 19.04.040 shall be conveyed to the
County which provides, at a minimum, that all elements of the project will be carried
out and maintained as approved, in perpetuity, for the regulated fill or removal area,
and all real property on the same lot within 10 feet of any wetland, river or stream.
(Ord. 2009 -002 § 2, 2009; Ord. 86 -058 §2, 1986)
19.40.250 (Repealed by Ord. 2009 -002, 2009)
19.40.260 (Repealed by Ord. 2009 -002, 2009)
19.40.270 (Repealed by Ord. 2009 -002, 2009)
19.40.280. Manufactured Homes.
A. General Provisions.
1. Nothing in these provisions shall be interpreted as superseding deed covenants or
restrictions.
2. State Requirements. Where standards for manufactured home developments are
established by state law or Depaitment of Commerce Administrative Rule, such
requirements shall be in addition to the provisions of DCC 19.40.280.
3. Manufactured Housing Construction and Safety Standards Code (also referred to as the
HUD Code). Title VI of the 1974 Housing and Community Development Act (42 U.S.C.
5401 et seq), as amended (previously known as the Federal Mobile Home Construction and
Safety Act), rules and regulations adopted thereunder (including information supplied by
the home manufacturer, which has been stamped and approved by a Design Approval
Primary Inspection Agency, and agent of the U. S. Department of Housing and Urban
Development pursuant to HUD rules), and regulations and interpretations of said code by
the Oregon Department of Commerce, all of which became effective for manufactured
home construction on June 15, 1976, shall be utilized as the minimum construction
standard of the County with which all manufactured home placements shall comply, except
as may be exempted by DCC 19.40.280.
4. Definitions. For purposes of DCC 19.40.280 only, the definitions of terms used herein and
not defined in DCC 19.04.040 shall be as defined in ORS Chapter 446 or Oregon
Administrative Rules Chapter 918, Division 500, as amended.
B. Manufactured Home Classes. For purposes of these regulations, manufactured homes are
divided into the following types:
1. A Class A manufactured home shall:
a. Have more than 1,000 square feet of occupied space in a double section or larger multi -
section unit;
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b. The manufactured home shall be placed on an excavated and back - filled foundation
and enclosed at the perimeter such that the manufactured home is located not more than
12 inches above grade;
c. Have wheels, axles and hitch mechanisms removed;
d. Have utilities connected in accordance with the requirements of the Building Codes
Agency and the manufacturer's specifications;
e. Bear an insignia of compliance with the Manufactured Housing Construction and
Safety Standards Code;
f. Have composition, shake, shingle or tile roofing materials. The roof pitch shall be a
minimum of 3/12;
g. Siding materials and trim shall be similar in appearance or complementary to other
homes in the area, including the type, color and horizontal or vertical placement of
materials;
h. A garage or carport shall be constructed in conjunction with the placement of the
manufactured home. It shall be of like materials and color to the dwelling;
i. The manufactured home shall be certified by the manufacturer to have an exterior
thermal envelope meeting performance standards equivalent to those required for
single - family dwellings under the state building code as defined in ORS 455.010;.
2. A Class B manufactured home shall:
a. Have more than 750 square feet of occupied space in a single, double, or multi- section
unit (including those with add -a -room units);
b. Be placed onto a permanent foundation as required in DCC 19.40.280(C)(2);
c. Have wheels, axles and hitch mechanisms removed;
d. Have utilities connected in accordance with manufacturer's specifications and Oregon
Department of Commerce requirements;
e. Bear an insignia of compliance with the Manufactured Housing Construction and
Safety Standard Code as of June 15, 1976;
f. Have composition, shake, shingle or tile roofing materials and a minimum pitch of
2/12;
g. Have nonreflective siding materials and trim typical of new conventional built homes
within the community;
h. Have a carport or garage of like materials and color;
3. A Class C manufactured home shall:
a. Have more than 320 square feet of occupied space in a single, double, or multi- section
unit (including those with add -a -room units);
b. Be placed onto a support system in accordance with approved installation standards as
specified in DCC 19.40.280(C)(2);
c. Be enclosed with foundation siding/skirting in accordance with approved installation
standards as specified in DCC 19.40.280(C)(2);
d. Have utilities connected in accordance with manufacturer's specifications and Oregon
Department of Commerce requirements;
e. Bear an insignia of compliance with the Manufactured Housing Construction and
Safety Standards Code as of June 15, 1976;
f. Be in good repair and free of structural, electrical, mechanical and plumbing defects,
any of which must be corrected prior to placement.
4. A Class D manufactured home is any manufactured home built prior to June 15, 1976, and
under ORS Chapter 446 is not defined as a recreation vehicle. For purposes of determining
appropriateness for placement, Class D manufactured homes shall:
a. Have more than 320 square feet of occupied space;
b. Be placed onto a support system in accordance with approved installation standards as
specified in DCC 19.40.280(C)(2);
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c. Be enclosed with foundation siding/skirting in accordance with approved installation
standards as specified in DCC 19.40.280(C)(2);
d. Have utilities connected in accordance with manufacturer's specifications and Oregon
Depaitruent of Commerce requirements;
e. Be in good repair and free of structural, electrical, mechanical and plumbing defects,
any of which must be corrected prior to placement.
C. Manufactured Home Placement Standards. All manufactured homes placed within the Bend
Urban Area after the effective date of DCC Title 19 shall comply with the following:
1. As defined in DCC 19.40.280(B), each manufactured home shall be classified as Class A,
B, C or D, and shall be permitted within the following areas:
a. Class A - Permitted in the UAR -10, UH -10 and UH -2 1/2 zones, in manufactured home
parks and as replacement to existing nonconforming manufactured homes.
b. Class B - Permitted in manufactured home subdivisions approved as a conditional use
in the RS zone and manufactured home parks, also permitted as replacements for
existing nonconforming manufactured homes which would be classified as Class B, C
or D.
c. Class C - Permitted in all manufactured home parks. Also allowed as replacements for
existing nonconforming manufactured homes in a manufactured home subdivision or
park for units which would be classified as Class C or D and as replacements to any
other Class D unit.
d. Class D - Permitted only in manufactured home parks.
2. Foundations /Skirting Support Systems.
a. All load- bearing foundations, supports and enclosures shall be installed in conformance
with the regulations of the Building Codes Agency and with the manufacturer's
installation specifications (reference Oregon Administrative Rules Chapter 814,
Division 23).
b. All Class A and Class B manufactured homes outside of manufactured home parks
shall be placed on an excavated and back - filled foundation and enclosed at the
perimeter such that the manufactured home is located not more than 12 inches above
grade. The underfloor area shall contain a 24" X 30" exterior access for maintenance
of utilities.
c. Class A and B manufactured homes located in manufactured home parks and Class C
and D manufactured homes must have enclosed perimeters as specified above or be
installed with an approved foundation siding/skirting enclosing the entire perimeter of
the home. Foundation siding/skirting and backup framing shall be weather - resistant,
noncombustible or self - extinguishing materials which blend with the exterior siding of
the home. Materials below grade level and for a minimum distance of six inches above
finish grade shall be resistant to decay or oxidation. The siding shall be installed in
accordance with manufacturer's recommendation or approved equal standards.
3. Except for a structure which conforms to the state definition of a manufactured home
accessory structure, no other extension shall be attached to a manufactured home, except a
garage or carport constructed to the Oregon State Structural Specialty Code.
4. All manufactured home lots and spaces shall be provided with storm drainage, sanitary
sewer, electric, telephone and potable water utility services with easements dedicated where
necessary to provide such services. All such utilities shall be located underground unless
waived by the Review Authority where underground service would require an exception to
local prevalent conditions.
5. Manufactured homes shall not be used for living purposes unless connected to local water,
sewers and electrical systems.
(Ord. 2009 -002 § 2, 2009; Ord. 91- 001 § §6 -10, 1991, Ord. 40- 042 §36, 1940)
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19.40.290. A Manufactured Home or Recreational Vehicle as a Temporary Residence for
Medical Condition.
A. A temporary use permit for one manufactured home of any class or one recreational vehicle on
a lot or parcel in addition to an existing dwelling may be granted when a medical condition
exists.
B. The person with a medical condition must be either one of the property owners or a relative of
one of the property owners.
C. For the purposes of this section, a relative is defined as a grandparent, parent, child, brother or
sister, either blood or legal relationship.
D. Such medical condition must be verified by a doctor's written statement, which shall
accompany the permit application.
E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC
18.116.090.
F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and
disconnected from any electric, water or sewer facility connection for which a permit has been
issued not later than 90 days following the date the medical condition requiring the temporary
use permit ceases to exist.
G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and
shall meet the minimum setbacks for the zone in which it is located.
H. The applicant shall obtain all necessary permits from the County Building and Environmental
Health Divisions prior to initiating the use.
(Ord. 2009 -002 § 2, 2009)
19.40.300. Farm Stands.
Farm stands may be permitted within the UAR -10 and UH -10 zones subject to DCC 19.25,
provided the following special use standards are also established:
A. The minimum lot size of the subject parcel is at least ten (10) acres;
B. The subject parcel is receiving non - exclusive farm use agricultural tax deferral;
C. The subject parcel is improved with a single- family dwelling;
D. 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 sale of incidental items and fees
from the promotional activity do not make up more than 25 percent of the total annual sales of
the farm stand; and
E. The farm stand does not include structures designed for occupancy as a residence or for activity
other than the sale of farm crops or livestock and does not include structures for banquets,
public gatherings or public entertainment.
(Ord. 2008 -14 §3, 2008)
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Chapter 19.45. INTERPRETATIONS AND EXCEPTIONS
19.45.010. General Exceptions to Lot Size Requirements.
19.45.020. Accessory Uses and Structures.
19.45.030. Exception to Height Regulations.
19.45.040. Establishment and Measure of Clear Vision Areas.
19.45.050. Exceptions to Yard Requirements.
19.45.060. Authorization for Similar Uses.
19.45.070. Repealed.
19.45.080. Pending Building Permits.
19.45.090. Repealed.
19.45.100. Repealed.
19.45.110. Solar Height Restrictions.
19.45.120. Conservation Easements on Property Adjacent to Rivers and Streams;
Prohibitions.
19.45.130. Fill and Removal Exceptions.
19.45.010. General Exceptions to Lot Size Requirements.
A. Any parcel of land or portion thereof which is to be dedicated to a public or other entity for a
road, canal, railroad, utility or other public use shall be exempt from the minimum lot size
requirements set forth by DCC Title 19.
B. Any legal lot or parcel which is smaller than the minimum area required in any zone may be
occupied by an allowed use in that zone provided that:
1. The lot or parcel is a lot of record, as defined in DCC 19.04.040.
2. The use conforms to all other requirements of that zone.
3. If there is an area deficiency, residential use shall be limited to a single dwelling unit.
4. All necessary permits are obtained.
(Ord. 2009 -002 § 2, 2009; Ord. 90- 038 §1, 1990)
19.45.020. Accessory Uses and structures.
A. A greenhouse may be maintained accessory to a dwelling provided there are no sales.
B. A guest house may be maintained accessory to a dwelling provided there are no cooking
facilities.
C. An accessory building shall not be located within 10 feet of a principal dwelling existing or
under construction on the same lot.
D. Site - obscuring fences may be located in a required front yard or in a vision clearance area
provided that they shall not exceed 2.5 feet in height measured from the top of the curb.
E. Solar panels, collectors or other similar solar devices may be maintained as accessory
structures.
(Ord. 2009 -002 § 2, 2009; Ord. 88 -042 §38, 1988)
19.45.030. Exception to Height Regulations.
A. Height limitations set forth elsewhere in DCC Title 19 shall not apply to barns, silos, water
towers and tanks or other farm buildings and structures, provided they are not less than 50 feet
from every lot line; public schools, chimneys, church spires, belfries, cupolas, domes,
smokestacks, flagpoles, grain elevators, cooling towers, fire hose towers, masts, aerials,
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elevator shafts and other similar projections and outdoor theater screens, provided said screens
contain no advertising matter other than the name of the theater.
B. This exception does not apply to the solar access provisions of DCC 19.40.210 and 19.40.220.
(Ord. 2009 -002 § 2, 2009; Ord. -037 §1, 1992; Ord. 83 -041 §19, 1983)
19.45.040. Establishment and Measure of Clear Vision Areas.
A. In all zones, on all corners adjacent to the intersection of two streets, an alley and a street or of a
street and railroad, within a triangle formed by the street lines of such building site (ignoring
any corner radius) and a line drawn between points on such street lines at designated distances
from the intersection thereof, there shall be no fence, wall, hedge, building or any other
obstruction to vision other than a post column or tree trunk (clear of branches or foliage)
between a height of two feet and a height of eight feet above the level of the curb, or of the level
of the above - mentioned point of intersection if the streets are sloping.
B. A clear vision area shall consist of a triangular area two sides of which are lot lines measured
from the corner intersection of the street lot lines for a distance specified in this regulation, or,
where the lot lines have rounded corners, the lot line extended in a straight line to a point of
intersection and so measured, and the third side of which is a line across the corner of the lot
joining the nonintersection ends of the other two sides.
C. The following measurements shall establish clear vision areas.
D. The minimum distance shall be in relationship to street and road right -of -way widths as
follows, except at intersections of an alley and a street in a residential zone, the minimum
distance shall be 15 feet.
R.O.W. Width Clear Vision
Measurement
80 feet and more 20 feet
60 feet 30 feet
50 feet 40 feet
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.45.050. Exceptions to Yard Requirements.
A. Projections into Required Yards. Certain architectural features may project into required yards
or courts as follows:
1. Cornices, canopies, eaves, belt courses, sills or other similar architectural features, or
fireplaces, but these may not in any case extend more than 18 inches into any required yard
area.
2. Fire escapes, open, uncovered porches, balconies, landing places or outside stairways, may
not in any case extend more than 18 inches into any required side or rear yards, and not
exceeding six feet into any required front yard.
3. This is not to be construed as prohibiting open porches or stoops not exceeding 18 inches in
height and not approaching closer than 18 inches to any lot line.
B. Exceptions to Front Yard Requirements.
1. If there are dwellings on both abutting lots with front yards less than required depth for the
zone, the front yard for the lot need not exceed the average front yard of the abutting
dwellings.
2. If there is a dwelling on one abutting lot with a front yard of less than the required depth for
the zone, the front yard need not exceed a depth of one -half way between the depth of the
front yard on the abutting lot and the required front yard depth.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
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19.45.060. Authorization for Similar Uses.
The Review Authority may rule that a use not specifically named in the permitted or conditional
uses of DCC Title 19 shall be included among the permitted outright or conditional uses if the use is
of the same general type and is similar to the permitted or conditional uses of that zone.
(Ord. 2009 -002 § 2, 2009; Ord. 90- 038 §1, 1990)
19.45.070. (Repealed by Ord. 2009 -002, 2009)
19.45.080. Pending Building Permits.
Nothing herein shall require any change in the location, plans, construction, size or designated use
of any development, building, structure or part thereof for which the required official approval and
building permit have been granted prior to the adoption of DCC Title 19.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.45.090 River setback. (Repealed by Ord. 94 -027 1994)
19.45.100. (Repealed by Ord. 2009 -002, 2009)
19.45.110. Solar Height Restrictions.
No building, structure or nonexempt vegetation may exceed the solar height restriction established
on a burdened property by the solar access of a benefited property.
(Ord. 2009 -002 § 2, 2009; Ord. 83 -041 §21, 1983)
19.45.120. Conservation Easements on Property Adjacent to Rivers and Streams;
Prohibitions.
A. As a condition of approval of all land use actions involving property adjacent to the Deschutes
River and Tumalo Creek, the property owner shall convey to the County, assignable to the City
of Bend upon annexation within the City limits, a conservation easement as defined in DCC
19.04.040, affecting all property on the subject lot which is within 10 feet of the mean
high -water mark of the Deschutes River or Tumalo Creek.
B. The form of the conservation easement shall be as prescribed by the County and may contain
such conditions as the County deems necessary to carry out the purposes described in DCC
19.04.040.
(Ord. 2009 -002 § 2, 2009; Ord. 86 -055 §2, 1986)
19.45.130. Fill and Removal Exceptions.
A. The following fill and removal activities are permitted outright if the material to be filled or
removed will not exceed 50 cubic yards in volume:
1. Removal of vegetation for the purpose of:
a. Removal of diseased or insect - infested trees or shrubs, or rotten or damaged trees that
present safety hazards.
b. Normal maintenance and pruning of trees and shrubs.
B. The following fill and removal activities may be authorized by the Review Authority upon a
finding that no adverse impacts will occur to the water resources of Deschutes County:
1. Minor fill or removal required for vegetative enhancement, including excavation and
preparation of the ground for planting additional vegetation.
2. Fill or removal for maintenance and repair of existing bridges, dams, irrigation facilities
and similar public and semipublic facilities, provided such fill and removal does not alter
the existing characteristics of the stream, river or wetland.
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3. Fill or removal for maintenance and repair of nonconforming structures or boat docks.
(Ord. 2009 -002 § 2, 2009; Ord. 86 -058 §3, 1986)
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Chapter 19.50. NONCONFORMING USES
19.50.010. Verification of Nonconforming Use.
19.50.020. Maintenance of Nonconforming Use.
19.50.030. Restoration or Replacement of Nonconforming Use.
19.50.040. Alteration of a Nonconforming Use.
19.50.010. Verification of Nonconforming Use.
A. Subject to the procedures set forth in DCC 22.40, upon application, the Review Authority will
verify whether or not a use constitutes a valid nonconforming use in accordance with the
provisions of DCC 19.50.010 and applicable state law.
B. Verification of the existence of a nonconforming use shall be required prior to or concurrently
with any application to alter or restore the use.
C. The burden shall be upon the applicant for alteration or restoration of a nonconforming use to
demonstrate its lawful existence.
D. The applicant shall demonstrate all of the following:
1. The nonconforming use was lawful on the effective date of the provisions of DCC Title 19
prohibiting the use.
2. The nonconforming use was actually in existence on the effective date of the provisions of
DCC Title 19 prohibiting its use, or had proceeded so far toward completion that a right to
complete and maintain the use would be deemed to have vested.
3. The nonconforming use has existed continuously, or if it has not existed continuously, has
not been abandoned, or has not been interrupted for a period in excess of one year. The
decision verifying the nonconforming use shall be made pursuant to the provisions of the
County land use procedures ordinance.
(Ord. 2009 -002 § 2, 2009; Ord. 95- 050 §7, 1995; Ord. 90- 038 §1, 1990)
19.50.020. Maintenance of Nonconforming Use.
Normal maintenance of a verified nonconforming use shall be permitted provided that no alterations
in the use or structure are made which change the size or outward appearance of the nonconforming
use.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.50.030. Restoration or Replacement of Nonconforming Use.
A verified nonconforming use may be restored or replaced if all of the following criteria are met:
A. The nonconforming use has been damaged or destroyed by fire or other casualty or natural
disaster.
B. The nonconforming use is restored or replaced on the same location as it existed prior to
damage or destruction.
C. The restoration or replacement of the nonconforming use is commenced within one year of the
damage or destruction.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.50.040. Alteration of a Nonconforming Use.
A. The alteration of a nonconforming use shall be permitted when necessary to comply with any
lawful requirement.
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B. In all cases other than that described in DCC 19.50.040(A), alteration of a nonconforming use
or structure or physical improvements shall be permitted when all of the following criteria are
met:
1. The alteration is necessary to reasonably continue the nonconforming use.
2. The alteration will have no increased adverse impact upon the neighborhood.
3. Any alteration to a nonconforming use permitted under DCC 19.50.040 also shall be
subject to all applicable provisions of DCC Title 19, including site plan review under DCC
19.25.
(Ord. 2009 -002 § 2, 2009; Ord. 96 -017 §1, 1996; Ord. 88 -042 §39, 1988)
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Chapter 19.55. CONDITIONAL USE PERMITS
19.55.010. Repealed.
19.55.020. Repealed.
19.55.030. General Conditional Use Criteria.
19.55.040. Application.
19.55.050. Repealed
19.55.060. Action on an Application.
19.55.070. Special Requirements.
19.55.080. Hydroelectric Facilities.
19.55.090. Repealed.
19.55.010. (Repealed by Ord. 2009 -002, 2009)
19.55.020. (Repealed by Ord. 2009 -002, 2009)
19.55.030. General Conditional Use Criteria.
Except for those conditional uses permitting individual single - family dwellings, conditional uses
shall comply with the following standards in addition to the standards of the zone in which the
conditional use is located and any other applicable standards of the chapter.
A. The location, size, design and operating characteristics of the proposed use are such that it will
have minimal adverse impact on the property value, livability and permissible development of
the surrounding area. Consideration shall be given to compatibility in terms of scale, coverage
and density with the alteration of traffic patterns and the capacity of surrounding streets and to
any other relevant impact of the proposed use.
B. The site planning of the proposed use will, as far as reasonably possible, provide an
aesthetically pleasing and functional environment to the highest degree consistent with the
nature of the use and the given setting.
C. If the use is permitted outright in another zone, there is substantial reason for locating the use in
an area where it is only conditionally allowed, as opposed to an area where it is permitted
outright.
D. The proposed use will be consistent with the purposes of DCC Title 19, the Comprehensive
Plan, Statewide Goals and any other applicable statutes, ordinances or policies.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.55.040. Application.
A. A request for a conditional use may be initiated by a property owner or his agent, authorized in
writing, by filing an application with the Planning Director.
B. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions
and arrangement of the proposed development.
C. The Review Authority may request other drawings or material essential to an understanding of
the proposed use and its relationship to the surrounding properties.
(Ord. 2009 -002 § 2, 2009; Ord. 95 -050 §8, 1995; Ord. 90 -038 §1, 1990)
19.55.050. (Repealed by Ord. 2009 -002, 2009)
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19.55.060. Action on an Application.
A. The Review Authority may approve, approve with conditions or disapprove the application for
a conditional use permit subject to the land use procedures ordinance.
B. In permitting a conditional use, the Review Authority may impose, in addition to regulations
and standards expressly specified in DCC Title 19, other conditions found necessary to protect
the best interests of the surrounding property or neighborhood or the urban area as a whole.
C. Any future enlargement or alteration of the use shall be reviewed by the County and new
conditions may be imposed.
D. In order to grant any conditional use, the Review Authority must find that the establishment,
maintenance or operation of the use applied for will not, under the circumstances of the
particular case, be detrimental to the health, safety or general welfare of persons residing or
working in the neighborhood of such proposed uses, or be detrimental or injurious to the
property and improvements in the neighborhood or to the general welfare of the urban area.
E. Duration of permits issued under DCC 19.55 shall be as set forth in DCC 22.36.
(Ord. 2009 -002 § 2, 2009; Ord. 95- 018 §6, 1995; Ord. 90 -038 §1, 1990)
19.55.070. Special Requirements.
A. The request for a building to exceed 45 feet in height shall be considered in light of the Fire
Department's fire fighting apparatus and the location of that apparatus.
B. The community should have adequate apparatus before taller structures are allowed.
(Ord. 2009 -002 § 2, 2009; Ord. 88 -042 §40, 1988)
19.55.080. Hydroelectric Facilities.
A. In addition to the general conditional use permit criteria set forth in DCC 19.55.080(A)(6)(c),
the criteria set forth below shall apply to any construction or expansion of, or other
modification to, hydroelectric facilities in zones where such facilities are permitted as a
conditional use.
B. A conditional use permit may be granted for the construction or expansion of, or other
modification to, a hydroelectric facility only upon findings by the Review Authority that the
proposal meets each of the following criteria, where applicable:
1. The facility is located at and physically connected to an existing man -made diversion or
impoundment.
2. The facility will not increase the maximum surface area or capacity of the impoundment
created by the existing dam or diversion to which the facility will be connected.
3. The facility will maintain or enhance, to the greatest extent possible, the existing scenic
visual, environmental and aesthetic qualities of the affected stretch of the river.
4. The facility will maintain or enhance the existing recreational opportunities on or adjacent
to the affected stretch of the river.
5. The facility will maintain or enhance existing fish and wildlife habitat, and will have no
adverse impact upon any threatened or endangered fish, wildlife or plant species or their
habitat.
6. The facility and its operation will maintain or enhance existing water quality in the affected
stretch of the river, except during construction of the facility when adverse impacts on
water quality will be minimized. Specifically, the facility and its operation will not:
a. Deposit, or create a zone for the deposit of, sediments in the river at or adjacent to the
site;
b. Increase the temperature of the river in the affected stretch by any means, including but
not limited to removal of vegetation or reduction in stream flow; or
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c. Create the potential for, or result in spillage, leakage or discharge of oil, chemicals or
other substances or waste products which could reach the river.
7. The facility and its operation will not increase soil or bank erosion or destroy bank habitat
at or on land adjacent to the site, except during construction of the facility during which
time soil or bank erosion and destruction of bank habitat will be minimized
8. The facility and its operation will maintain existing public access to the affected stretch of
the river.
9. The facility will not be located at or immediately adjacent to any identified archaeological
or historical site, national or state park, wildlife refuge, Bureau of Land Management
Outstanding Natural Area or Area of Critical Environmental Concern, Federal Research
Natural Area or U.S. Forest Service Special Interest Area.
10. The facility and its operation will comply with all applicable noise, water quality and
pollution regulations of the Oregon Department of Environmental Quality.
11. The facility and its operation will comply with all applicable state and local
fill -and- removal statutes and regulations.
C. The applicant for a conditional use permit for a hydroelectric facility, in addition to all other
requirements, shall submit the following for approval:
1. Detailed construction plans and profiles of all facility features, including building
elevations of the powerhouse and other structures, excavation plans and narrative as to
where blasting will occur and where excess material will be deposited, and landscaping and
reclamation plans.
2. Detailed plans for meeting the criteria set forth in DCC 19.55.080(A).
3. Detailed plans for river enhancement documenting both on -site and off -site enhancement
plans consistent with adopted river- related goals and policies, such as plans and methods
for conserving water and enhancing stream flows. The plan shall identify costs, time
schedules and coordination activities with affected persons and agencies for such
enhancement plans.
4. A cash deposit, performance bond or other security acceptable to Deschutes County, in an
amount equal to 100 percent of the estimated cost of river enhancement.
5. Detailed plans for a water conservation and stream enhancement program to be funded by a
portion of revenues generated by the operation of the proposed facility. The program plans
shall contain the following:
a. A program timetable;
b. Projected gross revenues from the proposed facility;
c. Projected program expenditures and the percentage of gross revenues they represent;
d. Projected water savings and the percentage of known current water losses they
represent;
e. A declaration by the applicant that at least 50 percent of the conserved water will
remain undiverted by the applicant;
f. A declaration by the applicant that water diversion for power generation will not cause
water flow in the affected stretch of the river (from the diversion to the tailrace exit) to
fall below the minimum stream flow for that stretch as recommended by the Oregon
Department of Fish and Wildlife; and
g. A declaration by the applicant that it will enter into an agreement with Deschutes
County prior to beginning construction of the facility by which the applicant agrees to
fulfill all of the requirements in DCC 19.55.080(B)(5)(a) through (g).
(Ord. 2009 -002 § 2, 2009; Ord. 86 -017 §16, 1986)
19.55.090. (Repealed by Ord. 2009 -002, 2009)
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Chapter 19.60. PROVISIONS FOR CLUSTER DEVELOPMENTS
19.60.010.
19.60.020.
19.60.030.
19.60.040.
19.60.050.
19.60.060.
Purpose.
Application
Repealed
Repealed
Standards for Approval
Standards and Requirements
19.60.010. Purpose.
Cluster developments within the urban holding zones, UH -2 ''/2, and UH -10, will encourage the
preservation of large tracts of land for future urban development and promote the efficient use of
land, while ensuring compliance with the purposes and objectives of the various zoning regulations
and the intent and purpose of DCC Title 19.
(Ord. 2009 -002 § 2, 2009)
19.60.020. Cluster Development Standards
A. Partitions and subdivisions shall develop as a "cluster" development.
B. Lot Requirements for cluster developments.
1. Minimum Lot Size: 15,000 sq ft.
2. Maximum lot Size: %2 acre
3. Minimum lot width: 60 feet
4. Minimum lot depth: 100 feet
C. An example of 19.60.020 is as follows:
1. A 40 acre property in the UH -10 zone could be subdivided into 4 lots.
2. The "cluster lot" development provision will require the development of three (3) small lots
with a maximum size of /2 acre and the remaining larger parent parcel.
D. Cluster lot development will allow one single family home to be constructed on each lot.
E. The lots within a cluster development shall be served with an onsite sewage disposal system.
F. While the property remains outside the City of Bend city limits, no further land division within
a cluster development may occur on the parent parcel.
(Ord. 2009 -002 § 2, 2009)
19.60.030. (Repealed by Ord. 2009 -002, 2009)
19.60.040. (Repealed by Ord. 2009 -002, 2009)
19.60.050. Standards for Approval.
The following standards apply to all cluster development approvals:
A. Whether the project will satisfactorily take care of the traffic it generates by means of adequate
off - street parking, access points, additional street right of way and improvements and any other
traffic facilities required.
B. Whether the project will be compatible with adjacent developments and will not adversely
affect the character of the area.
C. Whether the project will satisfactorily provide sewer and water to the individual lots consistent
with the Bend Urban Area General Plan.
(Ord. 2009 -002 § 2, 2009)
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19.60.060. Standards and Requirements.
A. The following minimum standards and requirements shall apply to cluster developments:
1. A use permitted or conditionally allowed in an Urban Holding zone may be a permitted or
conditional use in a cluster lot development.
2. Future street alignments shall be preserved.
a. New streets within a cluster lot development shall be public streets.
b. Adequate right of way shall be dedicated to accommodate future pedestrian walkways
and bikeways.
3. All utility facilities shall be installed underground and in accordance with County
standards.
4. A statement must be submitted relative to the solar access to be provided by the cluster
development.
(Ord. 2009 -002 § 2, 2009)
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Chapter 19.64. LIGHT INDUSTRIAL ZONE - IL
19.64.010. Purpose.
19.64.020. Permitted Uses.
19.64.030. Conditional Uses.
19.64.040. Height Regulations.
19.64.050. Lot Requirements.
19.64.060. Off - Street Parking and Loading.
19.64.070. Other Required Conditions.
19.64.010. Purpose.
This zone is intended to provide for those heavier commercial and light industrial uses located in
existing built -up areas of the city.
(Ord. 90- 038 §1, 1990)
19.64.020. Permitted Uses.
The following uses are permitted in the IL Zone subj ect to the provisions of DCC 19.76.
A. Any permitted use in the IP Zone.
B. Cold storage plants, including storage and office.
C. Fuel oil distributors.
D. Printing, publishing and book binding.
E. Public utility buildings and yards.
F. Veterinary clinic and hospitals operated entirely within an enclosed building.
G. Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating,
machine, sheet metal, sign, stone monuments, upholstery and welding.
H. Assembly, manufacture or preparation of articles and merchandise from the following
previously prepared types of materials: Bone, canvas, cellophane, cloth, cork, feathers, felt,
leather, precious or semiprecious metal or stones, shell, textiles, tobacco, wax, wire, wood
(excluding sawmills, lumber mills, planing mills, molding plants, particle board, wafer board,
plywood and pulp process) yarns and paint not employing a boiling process.
I. Manufacture, compounding, processing, packing or treatment of such products as bakery goods,
candy, cosmetics, dairy products and meat, drugs, perfume, pharmaceuticals, perfumed toilet
soap, toiletries; excluding the rendering of fats and oils, fish and meat slaughtering and
fermented foods, such as sauerkraut, vinegar and yeast.
J. Processing uses such as bottling plants, creameries, laboratories, blueprinting and
photocopying, laundries, carpet and rug cleaning plants, cleaning and dyeing plants, tire
retreading, recapping and rebuilding.
K. Contractor's equipment, storage or sale yard, house mover, delivery vehicles, transit storage,
trucking terminal and used equipment in operable condition.
L. Manufacture of concrete products and ceramic products using only previously pulverized clay.
M. Manufacture of musical instruments, novelties, rubber or metal stamps, toys, optical goods or
precision instruments or equipment.
N. Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and dressings and
other devices employed by the medical and dental professions.
O. Mini storage units.
P. Planned unit developments subject to the provisions of DCC 19.104.
Q. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental
storage, are permitted.
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R. Wholesale distribution of all standard types of prepared or packaged merchandise such as
automobile supplies, drug and electrical supplies, furniture, food products, hardware, leather
goods, plumbing supplies, textiles and fabrics and general merchandise.
S. Public buildings.
(Ord. 92- 043 §2, 1992; Ord. 88 -042 § §27, 28 and 29, 1988)
19.64.030. Conditional Uses.
The following Conditional Uses may be permitted subject to a Conditional Use Permit and the
provisions of DCC 19.76 and 19.100:
A. Building over 35 feet in height.
B. Livestock feed and sales yard.
C. Ambulance service.
D. Service commercial uses such as banks, offices, restaurants, cafes, refreshment stands, bars and
taverns.
E. All types of automobile, motorcycle and truck sales, service, repair and rental. Automobile and
truck service stations subject to DCC 19.88.
F. Boat building and repair.
G. Retail or combination retail/wholesale lumber and building materials yard, not including
concrete mixing.
H. Trailer sales, storage and rental.
I. Commercial parking lot.
J. Nursery school, kindergarten and day care facility.
K. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190.
L. Manufactured home sales and service.
(Ord. 92 -008 §1, 1992, Ord. 88 -042, 1988; Ord. 86 -017 §13, 1986)
19.64.040. Height Regulations.
No building or structure shall hereafter be erected, enlarged or structurally altered to exceed a height
of 35 feet without a conditional use permit.
(Ord. 90 -038 §1, 1990)
19.64.050. Lot Requirements.
The following lot requirements shall be observed:
A. Lot Area. No requirements.
B. Lot Width. No requirements.
C. Lot Depth. Each lot shall have a minimum depth of 100 feet.
D. Front Yard. Ten feet, except when abutting a lot in an R Zone, and then the front yard shall be
the front yard required in the abutting R Zone.
E. Side Yard. None, except when abutting a lot in an R Zone, and then the side yard shall be a
minimum of 20 feet. The required side yard shall be increased by one -half foot for each foot
the building height exceeds 20 feet.
F. Rear Yard. None, except when abutting a lot in an R Zone, and then the rear yard shall be a
minimum of 20 feet. The required rear yard shall be increased by one -half foot for each foot by
which the building height exceeds 20 feet.
G. Lot Coverage. No requirements.
H. Solar Setback. The solar setback shall be as prescribed in DCC 19.88.210.
(Ord. 83 -041 §18, 1983)
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19.64.060. Off - Street Parking and Loading.
Off - street parking and loading space shall be provided as required in DCC 19.80.
(Ord. 90 -038 §1, 1990)
19.64.070. Other Required Conditions.
A. All business, service, repair, processing, storage or merchandise display on property abutting or
across the street from a lot in an R Zone shall be conducted wholly within an enclosed building
unless screened from the R Zone by a sight- obscuring fence or wall.
B. Openings to structures on sides abutting to or across the street from an R Zone shall be
prohibited if such access or openings will cause glare, excessive noise or similar conditions that
would have an adverse effect on property in the R Zone.
C. Motor vehicle, boat or trailer rental, sales or storage lots shall be drained and surfaced with
pavement, except in those portions of the lot maintained as landscaped areas.
D. In any IL zone directly across the street from an R zone, the parking and loading area and
outdoor display or storage areas shall be set back at least 10 feet from the right of way, and said
areas shall be appropriately landscaped along the residential street frontage to protect the
character of the adjoining residential property. Such landscaping shall be maintained.
E. Access points from a public road to properties in an IL zone shall be so located as to minimize
traffic congestion and to avoid directing traffic onto access streets of a primarily residential
character.
F. All materials, including wastes, shall be stored and all grounds shall be maintained in a manner
which will not attract or aid the propagation of insects or rodents or create health or fire
hazards.
G. The emission of disturbing vibrations or of unpleasant odorous gases or matter in such quantity
or at such amplitude as to be readily detectable at any point beyond the property line of the use
creating the vibrations or odors is prohibited.
H. All uses in the IL zone shall be carried on in such a manner that they do not create smoke, gas,
odor, dust, sound, vibration, soot or lighting to a degree which might be obnoxious or offensive
to persons residing in or conducting business in this or any other zone.
(Ord. 90 -038 §1, 1990; Ord. 88 -042 §30, 1988)
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Chapter 19.65. VARIANCES
19.65.010. Authorization to Grant or Deny Variances.
19.65.020. Criteria.
19.65.030. Authorization to Grant or Deny Variances to On -Site Requirements.
19.65.040. Criteria for Variances Granted Under DCC 19.65.030.
19.65.050. Application for a Variance.
19.65.010. Authorization to Grant or Deny Variances.
A. Except as provided in DCC 19.65.030, the Review Authority may authorize variances from the
standards of DCC Title 19 where it can be shown that, owing to special and unusual
circumstances related to a specific piece of property, the literal interpretation of DCC Title 19
would cause an undue or unnecessary hardship; except that no variance shall be granted to
allow the use of the property for purposes not authorized within the pertinent zone or to alter
any procedural requirements of DCC Title 19.
B. In granting a variance, the Review Authority may attach conditions necessary to protect the best
interest of the surrounding property or neighborhood and to otherwise achieve the purposes of
DCC Title 19.
(Ord. 2009 -002 § 2, 2009; Ord. 90- 038 §1, 1990)
19.65.020. Criteria.
No variance shall be granted pursuant to the provisions of DCC 19.65.010 unless the applicant can
establish:
A. That special conditions exist which are peculiar to the land, structure or building involved and
which are not applicable to other lands, buildings or structures in the same zone; and
B. That strict interpretation of the provisions of DCC Title 19 would deprive the applicant of rights
commonly enjoyed by other properties in the same zone under the terms of DCC Title 19; and
C. That the special conditions and circumstances do not result from the actions of the applicant and
such conditions and circumstances do not merely constitute pecuniary hardship or
inconvenience; and
D. That granting the variance will be in harmony with the objectives of DCC Title 19 and not
injurious to the neighborhood or otherwise detrimental to the public welfare.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.65.030. Authorization to Grant or Deny Variances to On -Site Requirements.
The Review Authority may authorize a variance from the standards of DCC Title 19 relating to
on -site requirements (e.g. yards, parking, etc.), provided that no variance under DCC 19.65.030
shall be greater than 25% of the setback, parking or other similar area requirement from which the
variance is sought.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.65.040. Criteria for Variances Granted Under DCC 19.65.030.
In the case of a yard variance, the applicant shall show the approval will result in:
A. More efficient use of the site; and
B. Preservation of natural features, where appropriate; and
C. Adequate provision of light and privacy to adjoining properties; and
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D. Preservation of natural features of the site (topography, vegetation and drainage) which would
be adversely affected by application of required parking standards, where appropriate.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.65.050. Application for a Variance.
A. A property owner or his agent, authorized in writing, may initiate a request for a variance by
filing an application with the Planning Director.
B. The application shall be accompanied by a plan, drawn to a suitable scale, showing the
condition to be varied and the dimensions and arrangements of the proposed development.
C. The application shall be reviewed in the manner provided for in DCC Title 22.
(Ord. 2009 -002 § 2, 2009; Ord. 95 -050 §9, 1995; Ord. 88 -042 §42, 1988)
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Chapter 19.70. REVOCATION OF PERMITS OR VARIANCES
19.70.010.
19.70.020.
Revocation for Noncompliance With Conditions.
Public Hearing.
19.70.010. Revocation for Noncompliance With Conditions.
Any conditional use permit or variance granted in accordance with the terms of DCC Title 19 may
be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or
ordinance is violated in connection therewith.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.70.020. Public Hearing.
The procedures for considering a revocation under DCC 19.70 shall be as set forth in DCC Title 22.
(Ord. 2009 -002 § 2, 2009; Ord. 95 -050 §10, 1995; Ord. 88 -042 §43, 1988)
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Chapter 19.72. FLOOD PLAIN COMBINING ZONE - FP
19.72.010. Purpose.
19.72.020. Application of FP Zone.
19.72.030. Warning and Disclaimer of Liability.
19.72.040. Alteration of Watercourses.
19.72.050. Permit for Use or Development in an FP Zone.
19.72.060. Structural Elevation Data Required.
19.72.070. Regulation of Structures in an FP Zone.
19.72.080. Construction Materials and Methods.
19.72.085. Anchoring.
19.72.090. Land Development Standards in a Flood Hazard Area.
19.72.100. Manufactured Home Development Standards.
19.72.110. Utilities Standards in a Flood Hazard Area.
19.72.120. Floodways.
19.72.125. Before Regulatory Floodway.
19.72.127. Critical Facilities.
19.72.130. Technical Variances.
19.72.140. Historic Variance.
19.72.150. Other Variances.
19.72.160. Application for Variances.
19.72.170. Granting of Variances.
19.72.010. Purpose.
It is the purpose of this zone to promote the public health, safety and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines and streets and bridges located in areas of special flood hazard;
F. To ensure that potential buyers are notified that property is in an area of special flood hazard;
G. To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
H. To implement the Comprehensive Plan Flooding Section;
I. To conserve important riparian areas along rivers and streams for the maintenance of the fish
and wildlife resources; and
J. To preserve significant scenic and natural resources while balancing the public interests with
those of individual property owners in the designated areas.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.020. Application of FP Zone.
A. The FP Combining Zone shall apply to the areas identified on the Flood Insurance Rate Map
(FIRM), as special flood hazard areas inundated by 100 -year flood and floodway areas.
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1. The FIA Flood Insurance Study for "Deschutes County, Oregon and Incorporated Areas"
and the FIRM map dated September 28, 2007 are hereby adopted and by this reference
included herein. The Flood Insurance Study is on file at the Planning Division.
2. The A and AE zones shown on the FIRM map are hereby zoned FP.
B. The Planning Director is hereby appointed to administer and implement the Flood Plain
Combining Zone by granting or denying development permit applications in accordance with
its provisions.
C. Duties and responsibilities of the Planning Director shall include, but not be limited to:
1. Review all development permits to determine that the permit requirements of this
ordinance have been satisfied.
2. Review all development permits to determine that all necessary permits have been
obtained from those Federal, State, or local governmental agencies from which prior
approval is required.
3. Review all development permits to determine if the proposed development is located in
the floodway. If located in the floodway, assure that the encroachment provisions of
Section M.1 are met.
4. Make interpretations where needed, as to the exact location of the boundaries of the areas
of special flood hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions).
D. A person contesting the location of the special flood hazard boundary shall be given an
opportunity to seek a declaratory ruling or to appeal the interpretation as provided in Chapter
4.1.
1. When base flood elevation data has not been provided on the FIRM, the Planning
Director shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, State or other source, in order to administer this
section.
2. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance Study,
FIRM, or required as in Subsection B(3), above, verify and record the actual
elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new or substantially improved structures, and whether or not the structure contains
a basement.
b. For all new or substantially improved floodproofed structures, verify and record the
actual elevation (in relation to mean sea level) to which the structure was
floodproofed and maintain the floodproofing certifications required in Section G.2,
below.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.030. Warning and Disclaimer of Liability.
A. The degree of flood protection required by DCC 19.72.030 is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
B. Larger floods can and will occur on rare occasions.
C. Flood heights may be increased by man -made or natural causes.
D. This title does not imply that land outside the areas will be free from flooding or flood damages.
E. This title shall not create liability on the part of the County, any officer or employee thereof, or
the Federal Insurance Administration for any flood damages that result from reliance on this
title or any administrative decision made hereunder.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
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19.72.040. Alteration of Watercourses.
A. Prior to any alteration or relocation of a watercourse, notice of the proposed alteration shall be
given to affected, adjacent communities and appropriate state agencies such as the Department
of Land Conservation and Development, Department of State Lands and the State Department
of Water Resources.
B. The applicant shall maintain the altered or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.050. Permit for Use or Development in an FP Zone.
A. No development shall occur in an FP Zone unless a permit has been received for the work.
B. Except for improvement of an existing structure which is less than substantial, as determined by
the County, no permit shall be issued unless the work will be reasonably safe from flooding,
and otherwise complies with this title.
C. All necessary state, federal and local permits will be obtained as a condition of approval on any
permit in an FP Zone.
D. The following information shall be submitted with the permit application:
1. The location of the property with reference to channel locations and flood profile
elevations.
2. The existing topography and proposed grading plan for the property. Contour intervals
shall not be more than one -foot for ground slopes up to five percent and, for areas
immediately adjacent to a stream, two -foot for ground slopes between five and 10 percent
and five -foot for greater slopes.
3. The location of existing and proposed diking or revetments, if any.
4. Review of building permits.
5. Where elevation data is not available either through the Flood Insurance Study or from
another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.060. Structural Elevation Data Required.
A. A building permit application for substantial improvement to an existing structure or for a new
structure within an FP Zone shall contain the following data referenced to mean sea level.
1. The level of the lowest habitable floor and of any basement floor whether or not intended to
be habitable, submitted on FEMA Form 81 -31.
2. The level to which the structure is to be flood proofed, if applicable.
B. A statement which notes whether the structure contains a basement.
C. The information required by DCC 19.72.060 shall be maintained in the files of the Building
Department with the subject building permit.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.070. Regulation of Structures in an FP Zone.
A. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated a minimum of 1 foot above base flood
elevation.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited
unless designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
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3. Designs for meeting the above requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
b. Openings may be equipped with screens, louvers or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
c. The bottom of all openings shall be no higher than one foot above grade.
B. Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated to the level of the base flood elevation, or together with attendant
utility and sanitary facilities shall:
1. Be flood proofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods
of construction are in accordance with accepted standards of practice for meeting
provisions of DCC 19.72.070 based on their development and/or review of the structural
design, specifications and plans. Such certifications shall be provided to the county's
building official.
4. Nonresidential structures that are elevated, not flood proofed, must meet the same standards
for space below the lowest floor as described in DCC 19.72.070(A)(1).
5. Applicants flood proofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates for buildings that are one foot below the flood proofed
level (e.g., a building constructed to the base flood level will be rated as one foot below that
level).
C. Crawlspace Construction. Below -grade crawlspaces are allowed subject to the following
standards as found in FEMA Technical Bulletin 11 -01, Crawlspace Construction for
Buildings Located in Special Flood Hazard Areas:
1. The building must be designed and adequately anchored to resist flotation, collapse, and
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
a. Hydrostatic loads and the effects of buoyancy can usually be addressed through the
required openings stated in Section b. below.
b. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with
flood velocities greater than five (5) feet per second unless the design is reviewed by
a qualified design professional, such as a registered architect or professional
engineer.
c. Other types of foundations are recommended for these areas.
2. The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such,
must have openings that equalize hydrostatic pressures by allowing the automatic entry
and exit of floodwaters.
3. The bottom of each flood vent opening can be no more than one (1) foot above the lowest
adjacent exterior grade.
4. Portions of the building below the BFE must be constructed with materials resistant to
flood damage.
a. This includes not only the foundation walls of the crawlspace used to elevate the
building, but also any joists, insulation, or other materials that extend below the BFE.
b. The recommended construction practice is to elevate the bottom of joists and all
insulation above BFE.
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5. Any building utility systems within the crawlspace must be elevated above BFE or
designed so that floodwaters cannot enter or accumulate within the system components
during flood conditions.
6. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.
7. The interior grade of a crawlspace below the BFE must not be more than two (2)_feet
below the lowest adjacent exterior grade.
8. The height of the below -grade crawlspace, measured from the interior grade of the
crawlspace to the top of the crawlspace foundation wall must not exceed four (4) feet at
any point.
9. The height limitation is the maximum allowable unsupported wall height according to the
engineering analyses and building code requirements for flood hazard areas.
10. There must be an adequate drainage system that removes floodwaters from the interior
area of the crawlspace.
a. The enclosed area should be drained within a reasonable time after a flood event.
b. The type of drainage system will vary because of the site gradient and other drainage
characteristics, such as soil types.
c. Possible options include natural drainage through porous, well- drained soils and
drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone
drainage by gravity or mechanical means.
11. The velocity of floodwaters at the site should not exceed five (5) feet per second for any
crawlspace.
12. For velocities in excess of five (5) feet per second, other foundation types should be used.
D. Manufactured Homes. All manufactured homes to be placed or substantially improved within
Zones AH or AE shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is a minimum of 1 foot above the base flood elevation and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
DCC 19.72.085.
E Recreational Vehicles. Recreational vehicles placed on sites are required to either:
1. Be on the site for fewer than 180 consecutive days,
2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
3. Meet the requirements of 19.72.70(C) above and the elevation and anchoring
requirements for manufactured homes.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.080. Construction Materials and Methods.
A. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
B. All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
C. Electrical, heating, ventilation, plumbing and air - conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(Ord. 90 -038 §1, 1990)
19.72.085. Anchoring.
A. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
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B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to
ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques).
(Ord. 2009 -002 § 2, 2009)
19.72.090. Land Development Standards in a Flood Hazard Area.
A. In addition to the terms of DCC 19.72.090 and 19.72.100 a subdivision or other land
development, including all utility facilities, within an FP zone shall be designed and constructed
to minimize flood damage, including special provisions for adequate drainage to reduce
exposure to flood hazards.
B. A land development which will alter or relocate a watercourse shall be designed, constructed
and maintained to retain the flood - carrying capacity of the watercourse.
C. Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or 5 acres (whichever is less).
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.100. Manufactured Home Development Standards.
A. All manufactured homes to be placed or substantially improved within the FP zone shall be
elevated on a permanent foundation such that the lowest floor of the manufactured home is a
minimum of one foot above the base flood elevation and shall be securely anchored to an
adequately anchored foundation system in accordance with the provisions of DCC 19.085(2).
B. The placement of a manufactured home in the floodway is prohibited.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.110. Utilities Standards in a Flood Hazard Area.
A. A public utility or facility associated with a land development within an FP zone shall be
designed, located and constructed to minimize or eliminate flood damage and to avoid raising
the water elevation in a regulatory floodway.
B. Any new or replacement water supply system shall be designed, located and constructed to
minimize or eliminate infiltration of floodwaters into the system.
C. Any new or replacement sewerage system shall be designed, located and constructed to
minimize or eliminate infiltration of floodwaters into the system and discharge from the system
into the floodwaters.
(Ord. 90 -038 §1, 1990)
19.72.120. Floodways.
A. Located within areas of special flood hazard established in DCC 19.72.020(A) are areas
designated as floodways.
B. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles and erosion potential, the following provisions apply:
C. Prohibit encroachments, including fill, new construction, substantial improvements and other
development unless certification by a registered professional civil engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
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D. If DCC 19.72.120(A) is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of DCC 19.72.070.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.125. Before Regulatory Floodway.
In areas where a regulatory floodway has not been designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within Zone AE on the
community's FIRM, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at any point within the community.
19.72.127. Critical Facilities.
A. Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the Special Flood Hazard Area (SFHA) (100 -year floodplain).
B. Construction of new critical facilities shall be permissible within the SFHA if no feasible
alternative site is available.
C. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet
or to the height of the 500 -year flood, whichever is higher.
D. Access to and from the critical facility should also be protected to the height utilized above.
E. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be
displaced by or released into floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities to the extent possible
(Ord. 2009 -002 § 2, 2009)
19.72.130. Technical Variances.
A. A technical variance from the requirements of DCC 19.72 may be granted by the Review
Authority for new construction and for improvements to existing structures which could not
otherwise be authorized, provided the construction or improvements are to be erected or
installed on a parcel of land one -half acre or less in size, contiguous to or substantially
surrounded by lots with existing structures constructed below the minimum floor elevation
established for flood protection purposes.
B. A parcel of land in excess of the one -half acre in single ownership on the effective date of this
title is not excluded from the granting of a technical variance, but the burden of proof required
for issuing the variance increases as the size of the property under single ownership increases,
and the variance shall be granted only if required to equalize circumstances, considering
previously developed land adjacent to the parcel for which a variance is sought.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.72.140. Historic Variance.
A variance for historic preservation may be granted for the reconstruction, rehabilitation or
restoration of a structure listed on the National Register of Historic Places or the State Inventory of
Historic Places.
(Ord. 90 -038 §1, 1990)
19.72.150. Other Variances.
All other variance applications shall be considered according to the terms of DCC 19.65 and the
following factors:
A. The danger that materials may be swept onto others' property.
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B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility to flood damage and the effect of such damage on the
individual owner.
D. The importance of the services provided to the community by the proposed facility.
E. The necessity to the use of a waterfront location, where applicable.
F. The availability of alternate locations not subject to flooding or erosion damage.
G. The relationship of the use to the area floodplain management program.
H. The safety of access to the property in times of flood for ordinary and emergency vehicles.
I. The expected height, velocity, duration, rate of rise and sediment transport of floodwaters and
the effect of wave action, if applicable, expected at the site.
J. The cost of providing governmental and utility services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical
and water systems, streets and bridges.
(Ord. 90 -038 §1, 1990)
19.72.160. Application for Variances.
Applicants for a variance shall include with their application the following information:
A. The location of the property with reference to channel location and flood profile elevation.
B. The existing topography and proposed grading plan for the property. Contour intervals shall
not be more than one -foot for ground slopes up to five percent and for areas immediately
adjacent to a stream, two -foot for ground slopes between five and 10 percent and five -foot for
greater slopes.
C. The location of existing and proposed diking or revetments, if any.
(Ord. 90 -038 §1, 1990)
19.72.170. Granting of Variances.
The Review Authority may grant a variance upon a finding that the variance request meets the
approval criteria in 19.65 and will not result in increased flood heights, additional threats to public
safety or extraordinary public expense.
(Ord. 2009 -002 § 2, 2009; Ord. 88 -042 §32, 1988)
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Chapter 19.75. AMENDMENTS, APPEALS
19.75.010. Amendments.
19.75.020. Standards for Zone Change.
19.75.030. Record of Amendments.
19.75.040. Resolution of Intent to Rezone.
19.75.010. Amendments.
DCC Title 19 may be amended by changing the boundaries of zones or by changing any other
provisions thereof subject to the provisions of DCC 19.75.
A. Text changes and legislative map changes may be proposed by the Board on its own motion, by
the motion of the Planning Commission, upon payment of a fee, by the application of a member
of the public. Such changes shall be made pursuant to DCC 22.12 and ORS 215.110 and
215.060.
B. Any proposed quasi-judicial map amendment or change shall be handled in accordance with the
applicable provisions of DCC Title 22.
(Ord. 2009 -002 § 2, 2009; Ord. 95 -050 § §11 and 12, 1995; Ord. 90 -038 § 1, 1990)
19.75.020. Standards for Zone Change.
A. The burden of proof is upon the applicant.
B. The applicant shall in all cases establish:
1. That the change conforms with the Comprehensive Plan. Specifically, the change is
consistent with the plan's intent to promote an orderly pattern and sequence of growth.
2. That the change will not interfere with existing development, development potential or
value of other land in the vicinity of the proposed action.
3. That the change in classification for the subject property is consistent with the purpose and
intent of the proposed zone classification.
4. That the change will result in the orderly and efficient extension or provision of public
services. Also, that the change is consistent with the County's policy for provision of
public facilities.
5. That there is proof of a change of circumstance or a mistake in the original zoning.
(Ord. 2009 -002 § 2, 2009; Ord. 95 -050 §13, 1995; Ord. 88 -042 §44, 1988)
19.75.030. Record of Amendments.
A. The signed copy of each amendment to the text of Title 19, including the legal description of all
lands rezoned legislatively or quasi judicially, shall be maintained on file in the office of the
County Clerk.
B. A record of such amendments shall be maintained in a form convenient for the use of the public
by the Planning Director, including a map showing the area and date of all amendments hereto.
C. The County Clerk shall keep the map of DCC Title 19 as originally enacted.
D. Every five years after the enactment hereof, a map showing the cumulative amendments hereto
for that period shall be filed with the County Clerk.
E. In case of inconsistencies, the controlling record shall be first the original map filed with the
County Clerk, and its five -year updates, if any.
F. The Planning Director's map shall control as to map amendments not shown on the original for
changes less than five years old.
(Ord. 2009 -002 § 2, 2009; Ord. 95 -050 §14, 1995; Ord. 90 -038 §1, 1990)
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19.75.040. Resolution of Intent to Rezone.
A. If, from the facts presented and findings and the report and recommendations of the Review
Authority, as required by DCC 19.75.040, the Board determines that the public health, safety,
welfare and convenience will be best served by a proposed change of zone, the Board may
indicate its general approval in principal of the proposed rezoning by the adoption of a
"resolution of intent to rezone."
B. This resolution shall include any conditions, stipulations or limitations which the Board may
feel necessary to require in the public interest as a prerequisite to final action, including those
provisions which the Board may feel necessary to prevent speculative holding of property after
rezoning.
C. The fulfillment of all conditions, stipulations and limitations contained in said resolution, on the
part of the applicant, shall make such a resolution a binding commitment on the Board.
D. Such a resolution shall not be used to justify spot zoning or create unauthorized zoning
categories by excluding uses otherwise permitted in the proposed zoning.
E. Upon completion of compliance action by the applicant, the Board shall, by ordinance, effect
such rezoning.
F. The failure of the applicant to substantially meet any or all conditions, stipulations or
limitations contained in a resolution of intent, including the time limit placed in the resolution,
shall render said resolution null and void automatically and without notice, unless an extension
is granted by the Board upon recommendation of the Review Authority.
G. Content of Site Plan. Where a site plan is required pursuant to DCC 19.45, it shall include:
1. the location of existing and proposed buildings, structures, accesses, off - street parking and
loading spaces and landscaping;
2. existing and proposed topography;
3. mechanical roof facilities, if subject property is so oriented as to become part of the view
from adjacent properties;
4. architectural perspective, layout and all elevations drawn without exaggerations, except
where noted, including locations, area and design of signs and all landscaping.
H. The fulfillment of all conditions, stipulations and limitations contained in the resolutions of
intent on the part of the applicant shall make the resolution binding on the Board.
I. Upon compliance with the resolution by the applicant, the Board shall, by ordinance, effect
such reclassification.
(Ord. 2009 -002 § 2, 2009; Ord. 95 -050 §15, 1995)
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Chapter 19.80. ENFORCEMENT AND PENALTIES
19.80.010. Enforcement.
19.80.020. Penalties for Violations.
19.80.030. Repealed
19.80.040. Repealed
19.80.010. Enforcement.
A. All departments, officials and employees of Deschutes County vested with the duty or authority
to issue permits shall conform to the provisions of DCC Title 19 and shall issue no permit,
certificate or license for any use, building or purpose which violates or fails to comply with
conditions or standards imposed by DCC Title 19.
B. Any permit, certificate or license issued in conflict with the provisions of DCC Title 19,
intentionally or otherwise, shall be voidable by the Board to the extent allowed by law.
(Ord. 2009 -002 § 2, 2009; Ord. 83- 032 §1, 1983)
19.80.020. Penalties for Violations.
A. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating
or causing the violation of any of the provisions of DCC Title 19 commits a Class A violation
B. Enforcement of any violation of DCC Title 19 is enforceable in accordance with DCC Chapter
1.16
(Ord. 2009 -002 § 2, 2009; Ord. 2003 -021 §40, 2003; Ord. 86 -034 §1, 1986)
19.80.030. (Repealed by Ord. 2009 -002, 2009)
19.80.040. (Repealed by Ord. 2009 -002, 2009)
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Chapter 19.90. SEVERABILITY AND VALIDITY
19.90.010. Severability and Validity.
19.90.020. Repealed
19.90.010. Severability and Validity.
A. If any section, subsection, sentence, clause or phrase of DCC Title 19 is for any reason held by
a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remaining portions of DCC Title 19.
B. The Board hereby declares that it would have passed DCC Title 19, and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more
section, subsection, sentence, clause or phrase might be declared invalid.
C. All references herein to other statutes and ordinances shall include amendments or legislation
superseding the statutes and ordinances cited.
(Ord. 2009 -002 § 2, 2009; Ord. 90 -038 §1, 1990)
19.90.020. (Repealed by Ord. 2009 -002, 2009)
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Chapter 19.106. DESTINATION RESORTS
19.106.010. Purpose.
19.106.020. Applicability.
19.106.030. Uses in Destination Resorts.
19.106.040. Application Submission.
19.106.050. Requirements for Conditional Use Permit and Conceptual Master Plan
Applications.
19.106.060. Standards for Destination Resorts.
19.106.070. Approval Criteria.
19.106.075. Imposition of Conditions.
19.106.080. Procedure for Modification of a Conceptual Master Plan.
19.106.090. Requirements for Final Master Plan.
19.106.100. Procedure for Approval of Final Master Plan.
19.106.110. Provision of Streets, Utilities, Developed Recreational Facilities and Visitor -
Oriented Accommodations.
19.106.120. Conservation Easement to Protect Resource Site.
19.106.010. Purpose.
A. The purpose of DCC 19.106 to establish an approval process for siting destination resorts under
LCDC Goal 8 and the Bend Urban Area General Plan on lands identified on the Bend Urban
Area General Plan map as eligible for destination resort siting.
B. DCC 19.106 provides for properly designed and sited destination resort facilities which
enhance and diversify the recreational opportunities and the economy of the Bend area and
Deschutes County. It will ensure resort development that compliments the natural and cultural
attractiveness of the Bend area and its surroundings and enhances its economic base without
significant adverse effect on commercial farming and forestry, environmental and natural
features, cultural and historic resources and their settings and other significant resources.
C. It is the intent of DCC 19.106 to establish procedures and standards for developing destination
resorts while ensuring that all applicable Bend Urban Area General Plan policies are achieved.
D. It is the intent of DCC 19.106 to ensure that all elements of a destination resort which are
proposed are financially secured in a manner which will protect the public's interest should the
development not be completed as proposed.
E. It is not the intent of DCC 19.106 to site developments that are in effect rural subdivisions
whose primary purpose is to serve full -time residents of the area.
(Ord. 99 -001 §1, 1999)
19.106.020. Applicability.
A. The provisions of DCC 19.106 shall apply to proposals for the development of destination
resorts, as defined in areas designated by the Bend Area General Plan destination resort map.
The provisions of DCC 19.106 shall not apply to any development proposal for resort siting in
an area designated in the Bend Area General Plan.
B. When these provisions are applicable, they shall supersede all other provisions of the
underlying zone. Other provisions of the zoning ordinance made applicable by specific map
designations such as the FP otherwise applicable under the terms of the zoning ordinance text
shall remain in full force and effect, unless otherwise specified herein.
C. The provisions of DCC 19.106 shall also apply to destination resorts sited through the Goal 2
exception process.
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(Ord. 99 -001 §1, 1999)
19.106.030. Uses in Destination Resorts.
The following uses are allowed, provided they are part of and are intended to serve persons at the
destination resort pursuant to DCC 19.106.030 and are approved in a final master plan:
A. Visitor - oriented accommodations designed to provide for the needs of visitors to the resort:
1. Overnight lodging, including lodges, hotels, motels, bed and breakfast facilities, time share
units and similar transient lodging facilities;
2. Convention and conference facilities and meeting rooms;
3. Retreat centers;
4. Restaurants, lounges and similar eating and drinking establishments; or
5. Other similar visitor - oriented accommodations consistent with the purposes of DCC 19.106
and Goal 8.
B. Developed recreational facilities designed to provide for the needs of visitors and residents of
the resort including:
1. Golf courses and clubhouses;
2. Indoor and outdoor swimming pools;
3. Indoor and outdoor tennis courts;
4. Physical fitness facilities;
5. Equestrian facilities;
6. Wildlife observation shelters;
7. Walkways, bike paths, jogging paths, equestrian trails; or
8. Other similar recreational facilities consistent with the purposes of DCC 19.106 and Goal 8.
C. Residential accommodations:
1. Single - family dwellings;
2. Duplexes, triplexes, fourplexes and multi- family dwellings;
3. Condominiums;
4. Townhouses;
5. Living quarters for employees; or
6. Time share projects.
D. Commercial services and specialty shops designed to provide for the visitors to the resort:
1. Specialty shops including, but not limited to delis, clothing stores, book stores, gift shops
and specialty food shops;
2. Barber shops and beauty salons;
3. Automobile service stations limited to fuel sales, incidental parts sales and minor repairs;
4. Craft and art studios and galleries;
5. Real estate offices;
6. Convenience stores; or
7. Other similar commercial services which provide for the needs of resort visitors and are
consistent with the purposes of DCC 19.106 and Goal 8.
E. Uses permitted in open space areas generally include only those uses that, except as specified
herein, do not alter the existing or natural landscape of the proposed open space areas. No
improvements, development or other alteration of the natural or existing landscape shall be
allowed in open space areas, except as necessary for development of golf course fairways and
greens, hiking and bike trails, lakes and ponds and primitive picnic facilities including park
benches and picnic tables. Where farming activities would be consistent with identified pre-
existing open space uses, irrigation equipment and associated pumping facilities shall be
allowed.
F. Facilities necessary for public safety and utility service within the destination resort.
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G. Other similar uses permitted in the underlying zone consistent with the purposes of DCC
19.106.020.
H. Accessory uses in destination resorts:
1. The following accessory uses shall be permitted provided they are ancillary to the
destination resort and consistent with the purposes of DCC 19.106 and Goal 8:
a. Transportation - related facilities excluding airports;
b. Emergency medical facilities;
c. Storage structures and areas;
d. Kennels as a service for resort visitors only;
e. Recycling and garbage collection facilities; or
f. Other similar accessory uses are consistent with the purposes of DCC 19.106 and Goal
8.
(Ord. 99 -001 §1, 1999)
19.106.040. Application Submission.
The authorization of a permit for a destination resort shall consist of three steps.
A. Conceptual master plan and conditional use permit for destination resort. A conceptual master
plan (CMP) shall be submitted which addresses all requirements established in DCC
19.106.040. The CMP application shall be processed as if it were a conditional use permit
under DCC Title 22 and DCC 19.100, and shall be reviewed for compliance with the standards
and criteria set forth in DCC 19.106.
B. Final master plan. The applicant shall prepare a final master plan (FMP) which incorporates all
requirements of the County approval for the CMP. The Planning Director shall review the
FMP to determine if it complies with the approved CMP and all conditions of approval of the
conditional use permit. The Planning Director shall have the authority to approve, deny or
return the FMP to the applicant for additional information. When interpretations of the
Planning Director involve issues which are discretionary, the FMP approval shall be treated as a
land use permit in accordance with DCC Title 22.
C. Site plan review. Each element or development phase of the destination resort must receive
additional site plan review and approval pursuant to DCC 19.76 or subdivision review and
approval pursuant to DCC Title 17. In addition to findings satisfying the site plan or
subdivision criteria, findings shall be made that the specific development proposal complies
with the standards and criteria of DCC 19.106 and the FMP.
(Ord. 99 -001 §1, 1999)
19.106.050. Requirements for Conditional Use Permit and Conceptual Master Plan
Applications.
The CMP provides the framework for development of the destination resort and is intended to
ensure that the destination resort meets the requirements of DCC 19.106. The CMP application
shall include the following information:
A. Illustrations and graphics to scale, identifying:
1. The location and total number of acres to be developed as a planned destination resort;
2. The subject area and all land uses adjacent to the subject area;
3. The topographic character of the site;
4. Types and general location of proposed development uses, including residential and
commercial uses;
5. Major geographic features;
6. Proposed methods of access to the development, identifying the main vehicular circulation
system within the resort and an indication of whether streets will be public or private;
7. Major pedestrian, equestrian and bicycle trail systems;
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8 Important natural features of the site, including habitat of threatened or endangered species,
streams, rivers, wetlands and riparian vegetation within 200 feet of streams, rivers and
wetlands.
9. The location and number of acres reserved as open space, buffer area or common area.
Areas designated as "open space," "buffer area" or "common area" should be clearly
illustrated and labeled as such;
10. All proposed recreational amenities;
11. Proposed overall density.
B. Further information as follows:
1. A description of the natural characteristics of the site and surrounding areas, including a
description of resources and the effect of the destination resort on the resources; methods
employed to mitigate adverse impacts on resources; analysis of how the overall values of
the natural features of the site will be preserved, enhanced or utilized in the design concept
for the destination resort; and a proposed resource protection plan to ensure that important
natural features will be protected and maintained. Factors to be addressed include:
a. Compatibility of soil composition for proposed development(s) and potential erosion
hazard;
b. Geology, including areas of potential instability;
c. Slope and general topography;
d. Areas subject to flooding,
e. Other hazards or development constraints;
f. Vegetation;
g. Water areas, including streams, lakes, ponds and wetlands;
h Important natural features;
i. Wildlife.
2. A traffic study which addresses (a) impacts on affected county, city and state road systems;
and (b) transportation improvements necessary to mitigate any such impacts. The study
shall be submitted to the affected road authority at the same time as the conceptual master
plan and shall be prepared by a licensed traffic engineer to the minimum standards of the
road authorities.
3. A description of how the proposed destination resort will satisfy the standards and criteria
of DCC 19.106.060 and 19.106.070.
4. Design guidelines and development standards defining visual and aesthetic parameters for:
a. Building character;
b. Landscape character;
c. Preservation of existing topography and vegetation;
d. Siting of buildings; and
e. Proposed standards for minimum lot area, width, frontage, lot coverage, setbacks and
building heights.
5. An open space management plan which includes:
a. An explanation of how the open space management plan meets the minimum standards
of DCC 19.106 for each phase of the development;
b. An inventory of the important natural features identified in the open space areas and
any other open space and natural values present in the open space;
c. A set of management prescriptions that will operate to maintain and conserve in
perpetuity any identified important natural features and other natural or open space
values present in the open space;
d. Deed restrictions that will assure that the open space areas are maintained as open
space in perpetuity.
6. An explanation of public use of facilities and amenities on the site.
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7. A description of the proposed method of providing all utility systems, including the
location and sizing of the utility systems;
8. A description of the proposed order and schedule for phasing, if any, of all development
including an explanation of when facilities will be provided and how they will be secured if
not completed prior to closure of sale of individual lots or units;
9. An explanation of how the destination resort has been sited or designed to avoid or
minimize adverse effects or conflicts on adjacent lands. The application shall identify the
surrounding uses and potential conflicts between the destination resort and adjacent uses
within 660 feet of the boundaries of the parcel or parcels upon which the resort is to be
developed. The application shall explain how any proposed buffer area will avoid or
minimize adverse effects or conflicts;
10. A description of the proposed method for providing emergency medical facilities and
services and public safety facilities and services including fire and police protection;
11. Unless the destination resort is proposing to utilize municipal water, the application shall
include a study prepared by a hydrologist, engineering geologist or similar professional
certified in the State of Oregon describing:
a. An estimate of water demands (other than municipal water) for the destination resort at
maximum buildout, including a breakdown of estimated demand by category of
consumption, including but not limited to, residential, commercial, golf courses and
irrigated common areas;
b. Availability of water (other than municipal water) for estimated demands at the
destination resort, including (1) identification of the proposed source; (2) identification
of all available information on ground and surface waters relevant to the determination
of adequacy of water supply for the destination resort; (3) identification of the area that
may be measurably impacted by the water used by the destination resort (water impact
area) and an analysis supporting the delineation of the impact area; and (4) a
statistically valid sampling of domestic and other wells within the impact area;
c. A water conservation plan including an analysis of available measures which are
commonly used to reduce water consumption. This shall include a justification of the
chosen water conservation plan. The water conservation plan shall include a waste
water disposal plan utilizing beneficial use of reclaimed water to the maximum extent
practicable unless the destination resort proposes to utilize city sewer services.
For the purposes of DCC 19.106.050, beneficial uses shall include, but are not limited
to:
i. Irrigation of golf courses and greenways;
ii. Establishment of artificial wetlands for wildlife habitation.
d. A water service agreement with the city of Bend, if municipal water is proposed for the
destination resort.
12. An erosion control plan for all disturbed land, as required by ORS Chapter 468B. This plan
shall include storm and melt water erosion control to be implemented during all phases of
construction and permanent facilities or practices for the continuing treatment of these
waters. This plan shall also explain how the water shall be used for beneficial use or why it
cannot be used as such;
13. A description of proposed sewage disposal methods or a sewer service agreement with the
city of Bend;
14. Wildfire prevention, control and evacuation plans;
15. A description of interim development including temporary structures related to sales and
development;
16. Plans for owners' associations and related transition of responsibilities and transfer of
property;
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17. A description of the methods of ensuring that all facilities and common areas within each
phase will be established and will be maintained in perpetuity;
18. A survey of housing availability for employees based upon income level and commuting
distance;
19. An economic impact and feasibility analysis of the proposed development prepared by a
qualified professional economist(s) or financial analyst(s) shall be provided which includes:
a. An analysis which addresses the economic viability of the proposed development;
b. Fiscal impacts of the project, including changes in employment, increased tax revenue,
demands for new or increased levels of public services, housing for employees and the
effects of loss of resource lands during the life of the project.
20. A solid waste management plan;
21. A description of the system to be used for the management of any individually owned units
that will be used for overnight lodging and how it will be implemented, including proposed
rental contract provisions to assure that any individually -owned lodging facilities will be
available for overnight rental use by the general public for at least 45 weeks per calendar
year through a central reservation and check -in service;
22. A survey of historic and cultural resources inventoried on an acknowledged Goal 5
inventory;
23. Other information as may reasonably be required by the Planning Director to address the
effect of the proposed development as related to the requirements of this ordinance.
(Ord. 99 -001 §1, 1999)
19.106.060. Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase, provide for and include as part of the CMP the
following minimum requirements:
1. At least 150 separate rentable units for visitor - oriented lodging as follows;
a. The first 50 overnight lodging units must be constructed prior to the closure of sales,
rental or lease of any residential dwellings or lots.
b. The resort may elect to phase in the remaining 100 overnight lodging units as follows:
i. At least 50 of the remaining 100 required overnight lodging units shall be
constructed or guaranteed through surety bonding or equivalent financial assurance
within 5 years of the closure of sale of individual lots or units, and;
ii. The remaining 50 required overnight lodging units shall be constructed or
guaranteed through surety bonding or equivalent financial assurance within 10
years of the closure of sale of individual lots or units.
iii. If the developer of a resort guarantees a portion of the overnight lodging units
required under subsection (D)(1)(b) above through surety bonding or other
equivalent financial assurance, the overnight lodging units must be constructed
within 4 years of the date of execution of the surety bond or other equivalent
financial assurance.
iv. The 2:1 accommodation ratio required by Paragraph 2 below must be maintained
at all times.
c. If a resort does not chose to phase the overnight lodging units as described in DCC
19.106.110(B)(1), then the required 150 units of overnight lodging must be constructed
prior to the closure of sales, rental or lease of any residential dwellings or lots.
2. Visitor - oriented eating establishments for at least 100 persons and meeting rooms which
provide eating for at least 100 persons;
3. At least $7 million shall be spent on improvements for on -site developed recreational
facilities and visitor - oriented accommodations exclusive of costs for land, sewer and water
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facilities and roads. Not less than one -third of this amount shall be spent on developed
recreational facilities. The spending minimums provided for are stated in 1993 dollars; and
4. The facilities and accommodations required by this DCC 19.106.060 must be physically
provided or financially assured pursuant to DCC 19.106.110 prior to closure of sales, rental
or lease of any residential dwellings or lots.
B. All destination resorts shall have a minimum of 160 contiguous acres of land. Acreage split by
public roads or rivers or streams shall count toward the acreage limit, provided that the CMP
demonstrates that the isolated acreage will be operated or managed in a manner that will be
integral to the remainder of the resort.
C. All destination resorts shall have direct access onto a state, county, or city arterial or collector
roadway, as designated by the Bend Urban Area General Plan.
D. A destination resort shall, cumulatively and for each phase, meet the following minimum
requirements:
1. The resort shall have a minimum of 50 percent of the total acreage of the development
dedicated to permanent open space, excluding yards, streets and parking areas. Portions of
individual residential lots and landscape area requirements for developed recreational
facilities, visitor - oriented accommodations or multi - family or commercial uses established
by DCC 19.76.080 shall not be considered open space; and
2. Individually -owned residential units shall not exceed two such units for each unit of visitor -
oriented overnight lodging. Individually -owned units shall be considered visitor - oriented
lodging if they are available for overnight rental use by the general public for at least 45
weeks per calendar year through one or more central reservation and check -in service(s).
E. Phasing. A destination resort authorized pursuant to DCC 19.106.060 may be developed in
phases. If a proposed resort is to be developed in phases, each phase shall be as described in the
CMP. Each individual phase shall meet the following requirements:
1. Each phase, together with previously completed phases, if any, shall be capable of
operating in a manner consistent with the intent and purpose of DCC 19.106 and Goal 8;
2. The first phase and each subsequent phase of the destination resort shall cumulatively meet
the minimum requirements of DCC 19.106.060 and DCC 19.76.070, and;
3. Each phase may include two or more distinct non - contiguous areas within the destination
resort.
F. Dimensional standards:
1. The minimum lot area, width, lot coverage, frontage and yard requirements and building
heights otherwise applying to structures in underlying zones and the provisions of DCC
19.88.210 relating to solar access shall not apply within a destination resort. These
standards shall be determined by the Planning Director or Hearings Body at the time of the
CMP. In determining these standards, the Planning Director or Hearings Body shall find
that the minimum specified in the CMP are adequate to satisfy the intent of the Bend Urban
Area General Plan relating to solar access, fire protection, vehicle access, and to protect
resources identified by LCDC Goal 5 which are identified in the Bend Urban Area General
Plan. At a minimum, a 100 foot setback shall be maintained from all streams and rivers.
No lot for a single - family residence shall exceed an overall project average of 22,000
square feet in size.
2. Exterior setbacks and buffers.
a. A destination resort shall provide for the establishment and maintenance of buffers
between the resort and adjacent land uses, including natural vegetation and where
appropriate, fences, berms, landscaped areas, and other similar types of buffers.
b. Exterior setbacks shall also be provided to ensure that improvements and activities are
located to minimize adverse effects of the resort on uses on surrounding lands.
G. Floodplain requirements. The Flood Plain Zone (FP) requirements of DCC 19.72 shall apply to
all developed portions of a destination resort in an FP Zone in addition to any applicable criteria
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of DCC 19.106. Except for flood plain areas which have been granted an exception to LCDC
goals 3 and 4, Flood Plain Zones shall not be considered part of a destination resort when
determining compliance with the following standards;
1. One hundred sixty acre minimum site;
2. Open space requirements.
A conservation easement as described in DCC Title 19 shall be conveyed to the County for
all areas within a flood plain which are part of a destination resort.
H. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
wetland shall be a separate conditional use subject to all pertinent requirements of DCC Title
19.
I. Time share units not included in the overnight lodging calculations shall be subject to approval
under the conditional use criteria set forth in DCC 19.100. Time share units identified as part of
the destination resort's overnight lodging units shall not be subject to the time share conditional
use criteria of DCC 19.100.
(Ord 2009 -002, § 2, 2008; Ord. 99 -001 §1, 1999)
19.106.070. Approval Criteria.
In order to approve a destination resort, the Planning Director or Hearings Body shall find from
substantial evidence in the record that:
A. The subject proposal is a destination resort as defined in DCC 19.04.040.
B. All standards established by DCC 19.106.060 are or will be met.
C. The economic analysis demonstrates that:
1. The necessary financial resources are available for the applicant to undertake the
development consistent with the minimum investment requirements established by DCC
19.106;
2. Appropriate assurance has been submitted by lending institutions or other financial entities
that the developer has or can reasonably obtain adequate financial support for the proposal
once approved;
3. The destination resort will provide a substantial financial contribution which positively
benefits the local economy throughout the life of the entire project, considering changes in
employment, demands for new or increased levels of public service, housing for employees
and the effects of loss of resource land, and;
4. The natural amenities of the site considered together with the identified developed
recreation facilities to be provided with the resort will constitute a primary attraction to
visitors, based on the economic feasibility analysis.
D. The destination resort incorporates design components, setbacks, and buffers to protect
designated wildlife areas.
E. Important natural features, including but not limited to, significant wetlands, riparian habitat
and landscape management corridors will be maintained. Riparian vegetation within 100 feet
of streams, rivers and significant wetlands will be maintained. Alterations to important natural
features, including placement of structures, is allowed so long as the overall values of the
feature are maintained.
F. The development will not force a significant change in accepted farm or forest practices or
significantly increase the cost of accepted farm or forest practices on surrounding lands devoted
to farm or forest use.
G. Destination resort developments that significantly affect a transportation facility shall assure
that the development is consistent with the identified function, capacity and level of service of
the facility. This shall be accomplished by either:
1. Limiting the development to be consistent with the planned function, capacity and level of
service of the transportation facility;
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2. Providing transportation facilities adequate to support the proposed development consistent
with OAR Chapter 660, Division 12; or
3. Altering land use densities, design requirements or using other methods to reduce demand
for automobile travel and to meet travel needs through other modes.
A destination resort significantly affects a transportation facility if it would result in levels
of travel or access that are inconsistent with the functional classification of a facility or
would reduce the level of service of the facility below the minimum acceptable level
identified in the relevant transportation system plan.
a. Where the option of providing transportation facilities is chosen, the applicant shall be
required to improve impacted roads to the full standards of the affected authority as a
condition of approval. Timing of such improvements shall be based upon the timing of
the impacts created by the development as determined by the traffic study or the
recommendations of the affected road authority.
b. Access within the project shall be adequate to serve the project in a safe and efficient
manner for each phase of the project.
H. The development will not create the potential for natural hazards identified in the Bend Urban
Area General Plan. No structure will be located on slopes exceeding 25 percent. A wildfire
management plan will be implemented to ensure that wildfire hazards are minimized to the
greatest extent practical and allow for safe evacuation.
I. Adequate public safety protection will be available through existing fire districts or will be
provided on -site according to the specification of the state fire marshal. If the resort is located
outside of an existing fire district, the developer will provide for staffed structural fire
protection services or contract with or annex to the existing district. Adequate public facilities
to provide for necessary safety services such as police and fire will be available to serve the
proposed development.
J. Streams and drainage. Unless otherwise agreed to in writing by the adjoining property
owner(s), existing natural drainages on the site will not be changed in any manner which
interferes with drainage patterns on adjoining property. All surface water drainage changes
created by the development will be contained on -site in a manner which meets all standards of
the Oregon State Department of Environmental Quality (DEQ). The erosion control plan for
the subject development will meet all standards of ORS Chapter 468B.
K. Adequate water will be available for all proposed uses at the destination resort, based upon the
water study, a water service agreement with the city of Bend or a proposed water conservation
plan as required by DCC 19.106.050. Water use will not reduce the availability of water in the
water impact areas identified in the water study considering existing uses and potential
development previously approved in the affected area. Water sources identified in the water
plan shall not include any perched water table. Water shall only be taken from the regional
aquifer. Where a perched water table is pierced to access the regional aquifer, the well must be
sealed off from the perched water table.
L. Unless a sewer service agreement exists, the waste water disposal plan includes beneficial use
to the maximum extent practicable. Approval of the CMP shall be conditioned on applicant's
making application to DEQ for a Water Pollution Control Facility (WPCF) permit consistent
with such an approved waste water disposal plan. Approval shall also be conditioned upon
applicant's compliance with applicable Oregon Administrative Rules regarding beneficial use of
waste water, as determined by DEQ. Applicant shall receive approval of a WPCF permit
consistent with this provision prior to applying for approval for its final master plan under DCC
19.106.
M. The resort will mitigate any demands it creates on publicly owned recreational facilities on
public lands in the surrounding area.
N. Site improvements will be located and designed to avoid or minimize adverse effects of the
resort on the surrounding land uses. Measures to accomplish this may include establishment
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and maintenance of buffers between the resort and adjacent land uses, including natural
vegetation and appropriate fences, berms, landscaped areas and similar types of buffers, and
setback of structures and other developments from adjacent land uses.
O. The resort will be served by an on -site sewage system approved by DEQ and a water system
approved by the Oregon State Health Division, or by municipal sewer and water as allowed by
the Bend Urban Area General Plan.
P. The destination resort will not alter the character of the surrounding area in a manner that
substantially limits, impairs or prevents permitted or conditional uses of surrounding properties.
Q. The commercial uses developed as part of the resort will be contained within the project and not
oriented to public highways adjacent to the property. The commercial uses permitted in the
destination resort will be limited in type and levels of use necessary to meet the needs of resort
visitors. A commercial use is necessary to serve the needs of visitors if:
1. Its primary purpose is to provide goods or services that are typically provided to overnight
or other short-term visitors to resorts, or the use is necessary for operation, maintenance or
promotion of the destination resort; and
2. The use is oriented to the resort and is located away from or screened from highways or
other major through roadways.
R. A plan exists to ensure a transfer of common areas, facilities such as sewer, water, streets and
responsibility for police and fire protection to owners' associations or similar groups if
contemplated. If such transfer is not contemplated, the owner or responsible party shall be
clearly designated. Adequate open space, facility maintenance and police and fire protection
shall be ensured in perpetuity in a manner acceptable to the County.
S. Temporary structures will not be allowed unless approved as part of the CMP. Temporary
structures will not be allowed for more than 18 months and will be subject to all use and site
plan standards of DCC Title 19.
T. The open space management plan is sufficient to protect in perpetuity identified open space
values.
U. A mechanism to ensure that individually -owned units counting toward the overnight lodging
total remain available for rent for at least 45 weeks per calendar year through a central
reservation and check -in service. Such a mechanism shall include all of the following:
1. Designation on the plat of which individually owned units are to be considered to be
overnight lodging as used in DCC 19.106;
2. Deed restrictions limiting use of such identified premises to overnight lodging purposes
under DCC 19.106 for at least 45 weeks each year;
3. Inclusion in the CC &R's of an irrevocable provision enforceable by the County limiting use
of such identified units to overnight lodging purposes under DCC 19.106 for at least 45
weeks each year;
4. Inclusion of language in any rental contract between the owner of the unit and any central
reservation and check -in service requiring that such units be made available as overnight
lodging facilities under DCC 19.106 for at least 45 weeks each year; and
5. A requirement that each such unit be registered and a report be filed on each such unit
yearly by the owner or central booking agent on January 1 with the Planning Division as to
the following information:
a. Who the owner or owners have been over the last year;
b. How many nights out of the year the unit was available for rent through the central
reservation and check -in service; and
c. How many nights out of the year the unit was rented out as an overnight lodging
facility under DCC 19.106.
(Ord. 99 -001 §1 1999)
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19.106.075. Imposition of Conditions.
The standards made applicable by DCC 19.106 may be met by the imposition of conditions
calculated to insure that the standard will be met.
(Ord. 99 -001 §1, 1999)
19.106.080. Procedure for Modification of A Conceptual Master Plan.
Any substantial change, as determined by the Planning Director, proposed to an approved CMP
shall be reviewed in the same manner as the original CMP. An insubstantial change may be
approved by the Planning Director. Substantial change to an approved CMP, as used in DCC
19.106.080, means an alteration in the type, scale, location, phasing or other characteristic of the
proposed development such that findings of fact on which the original approval was based would be
materially affected.
(Ord. 99 -001 §1, 1999)
19.106.090. Requirements for Final Master Plan.
It shall be the responsibility of the applicant to provide a Final Master Plan (FMP) which includes
text and graphics explaining and illustrating:
A. The use, location, size and design of all important natural features, open space, buffer areas and
common areas;
B. The use and general location of all buildings, other than residential dwellings and the proposed
density of residential development by location;
C. Preliminary location of all sewer, water, storm drainage and other utility facilities and materials,
and specifications and installation methods for water and wastewater systems;
D. Location and widths of all roads, streets, parking, pedestrian ways, equestrian trails and bike
paths;
E. Methods to be employed to buffer and mitigate potential adverse impacts on adjacent resource
uses and property;
F. Building elevations of visitor - oriented accommodations, recreational facilities and commercial
services sufficient to demonstrate the architectural character of the proposed development;
G. A description of all commercial uses including approximate size and floor area;
H. The location of or distance to any emergency medical facilities and public safety facilities;
I. When a phase includes a residential subdivision, a general layout of the subdivision shall
include the number of lots, minimum and maximum lot sizes and approximate location of
roadways.
J. A description of measures taken, with copies of deed restrictions, CC &R's and rental contracts
to implement the measures identified in DCC 19.106 assuring that individually -owned lodging
units considered to be overnight lodgings for at least 45 weeks per calendar year through a
central reservation and check -in service.
K. A description of measures taken, with copies of deed restrictions and a final management plan,
to implement the open space management plan required by DCC 19.106.
L. The status of all required off -site roadway improvements.
M. Methods to be employed for managing automobile traffic demand.
N. A copy of an WPCF permit issued by DEQ consistent with the requirements of DCC
19.106.070(L).
(Ord. 99 -001 §1, 1999)
19.106.100. Procedure for Approval of Final Master Plan.
A. The FMP shall be submitted in a form approved by the County Planning Director consistent
with DCC Title 22 for a development permit. The Planning Director shall review the FMP and
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if the Planning Director finds that all standards of the CMP have been met, the FMP shall be
approved in writing without notice. If approval of the FMP involves the exercise of discretion,
the FMP shall be treated as a land use action and notice shall be provided in accordance with
DCC Title 22.
B. If the Planning Director finds evidence in the FMP of a substantial change from the CMP, the
Planning Director shall advise the applicant to submit an application for modification or
amendment of the CMP.
(Ord 99 -001 §1, 1999)
19.106.110. Provision of Streets, Utilities, Developed Recreational Facilities and Visitor -
Oriented Accommodations.
A. The Planning Director or Hearings Body shall find that all streets, utilities, developed
recreational facilities and visitor - oriented accommodations required by the FMP are physically
provided or are guaranteed through surety bonding or substantial financial assurances approved
by the County prior to closure of sale of individual lots or units.
B. Financial assurance or bonding to assure completion of streets and utilities, developed
recreational facilities and visitor - oriented accommodations in the FMP shall be required
pursuant to the security requirements for site plan review and subdivision review established by
the Deschutes County Code.
(Ord. 99 -001 §1, 1999)
19.106.120. Conservation Easement to Protect Resource Site.
A. If a tract to be used as a destination resort contains a resource site designated for protection in
an acknowledged comprehensive plan pursuant to open spaces, scenic and historic areas and
natural resource goals in an acknowledged comprehensive plan, that tract of land shall preserve
the resource site by conservation easement sufficient to protect the resource values of the
resource site in accordance with ORS 271.715 to 271.795
B. A conservation easement under DCC 19.106.120 shall be recorded with the property records of
the tract on which the destination resort is sited.
(Ord. 99 -001 §1, 1999)
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