HomeMy WebLinkAboutEvent Venue Code Amendment ProposalChapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.010. Title.
18.04.020. Purpose.
18.04.030. Definitions.
18.04.010. Title.
DCC Title 18 shall be known as the Deschutes County Zoning Ordinance of 1979.
(Ord. 91-020 § 1, 1991)
18.04.020. Purpose.
A. The intent or purpose of DCC Title 18 is to promote the public health, safety and general
welfare and to carry out the Deschutes County Comprehensive Plan, the provisions of ORS 215
and the Statewide Planning Goals adopted pursuant to ORS 197. DCC Title 18 is to establish
zoning districts and regulations governing the development and use of land within portions of
Deschutes County, Oregon;
B. To provide regulations governing nonconforming uses and structures; to establish and provide
for the collection of fees; to provide for the administration of DCC Title 18 and for the officials
whose duty it shall be to enforce the provisions thereof; to provide penalties for the violations
of DCC Title 18; and to provide for resolution of conflicts;
C. To regulate the placement, height and bulk of buildings; and the placement and growth of
vegetation within the County to ensure 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 polices relating to solar energy;
and
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. 2007-019 §1, 2007; Ord. 91-020 §1, 1991; Ord. 83-037 §1, 1983)
18.04.030. Definitions.
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC
18.04.030.
"Accepted farming practice" means a mode of operation common to farms and ranches of a similar
nature, necessary for the operation of such farms and ranches with the intent to obtain a profit in
money, and customarily utilized in conjunction with farm use.
"Access" means the right to cross between public and private property allowing pedestrians and
vehicles to enter and leave property.
“Accessory dwelling” as applied in the La Pine Urban Unincorporated Community, La Pine
Neighborhood Planning Area, means a complete dwelling unit either attached to or separate from
the primary dwelling unit. An accessory dwelling may be no larger than 33 percent of the living
area, excluding the garage, of the primary dwelling, or 800 square feet, whichever is less. Maximum
height for a detached accessory dwelling is 24 feet.
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"Accessory use or accessory structure" means a use or structure incidental and subordinate to the
main use of the property, and located on the same lot as the main use. Accessory uses include
drilling for, and utilization of, low-temperature geothermal fluid in conjunction with the main use of
the property.
"Adjoining" means contiguous; touching or connected, including tracts of land that only connect or
touch at a common point.
Affected persons (Repealed by Ord. 91-038, 1991)
"Agricultural Land" means lands classified by the U. S. Soil Conservation Service (SCS) as
predominately Class I-VI soils, and other lands in different soil classes which are suitable for farm
use, taking into consideration soil fertility, suitability for grazing and cropping, climatic conditions,
existing and future availability of water for farm irrigation purposes, existing land use patterns,
technological and energy inputs required, and accepted farming practices. Lands in other classes
which are necessary to permit farm practices to be undertaken on adjacent or nearby lands shall be
included as agricultural lands in any event.
“Agricultural structure” means any structure considered to be an “agricultural building” under the
State Building Code (Section 326) as referenced in DCC 15.04.010 and is (1) located on a parcel
that is at least 20 acres in size and contains at least 8.5 irrigated acres, or (2) a parcel that is at least
80 acres in size, regardless of irrigation.
"Agricultural use" means any use of land, whether for profit or not, related to raising, harvesting
and selling crops or by 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 not specifically
covered elsewhere in the applicable zone. Agricultural use includes the preparation and storage of
the products raised on such land for human and animal use and disposal by marketing or otherwise.
Agricultural use also includes the propagation, cultivation, maintenance and harvesting of aquatic
species. Agricultural 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.
"Aircraft" means any vehicle designed or used for flight through the air and capable of carrying
goods or people.
"Airport" means any area of land or water which is used or intended to be used by the general
public for the landing and taking off of aircraft. This also includes any appurtenant areas, buildings
or facilities.
“Amateur Radio Facilities” means the external, outdoor structures associated with an operator’s
amateur radio service. This includes antennae, masts, towers, guy wires, and other antenna support
structures that consist of solid tubular or open lattice metal structure not exceeding 25 inches on
average in diameter or face width.
“Amateur (“Ham”) Radio Services” means radio communication services, including amateur-
satellite service and amateur service, which are for the purpose of self-training, intercommunication,
and technical investigations carried out by duly licensed amateur radio operators solely for personal
aims and without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97
and regulated there under.
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Animal hospital (Repealed by Ord. 94-053, 1994)
"Apartment" see "dwelling, multiple-family."
Area of shallow flooding (Repealed by Ord. 93-002, 1993)
"Area of special flood hazard" means the land in the flood plain within a community subject to a
one percent or greater chance of flooding in any given year. Such areas are designated by the letter
A or V on the Flood Insurance Rate Map (FIRM).
"Automobile and trailer sales area" means an open area, other than a street, for the display, sale or
rental of new or used automobiles or trailers and where no repair work is done except minor
incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
"Automobile repair garage" means a building or portion thereof used for the care and repair of
motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.
"Automobile service station" means a building or portion thereof or land used for the retail sale of
automobile fuel, oil and accessories and service.
"Automobile wrecking yard" means a premises used for the storage or sale of used automobile or
truck parts or for the storage, dismantling or abandonment of obsolete automobiles, trailers, trucks,
machinery or parts thereof.
"Auxiliary" as used in DCC 18.36 and 18.40, "auxiliary" means a use or alteration of a structure or
land which provides help or is directly associated with the conduct of a particular forest practice.
An auxiliary structure is located on a site, temporary in nature, and is not designed to remain for the
forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a
particular forest practice has concluded.
"Bank-full stage" means the elevation at which water overflows the natural banks of a stream, river
or lake and begins to inundate the upland. In the absence of physical evidence, the two-year
reoccurrence interval flood elevation may be used to approximate bank-full stage.
"Basement" means a story partly or wholly underground. A basement shall be counted as a story in
building height measurement when the floor level directly above is more than six feet above the
average level of the adjoining grade.
"Bed and breakfast inn" means a single-family dwelling unit where lodging and meals are provided
for compensation, in which no more than three guest rooms are provided for no more than eight
guests. A guest shall not rent for a time period longer than 30 consecutive days.
"Bed or banks of stream or river" means the physical container of the waters of a stream or river
lying below bank-full stage and the land 10 feet on either side of the container.
“Below-grade parking garage,” for purposes of DCC 18.108.055, is a parking garage where the
floor of the garage is below the average finished grade of a building, and:
A. For a Mixed Use Structure, the level above the garage provides the primary point of pedestrian
access to commercial uses in the building.
B. For all other structures, the floor level directly above the garage level is less than six feet above
the average level of the adjoining grade.
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"Bicycle" means a vehicle designed to operate on the ground on wheels, propelled solely by human
power, upon which any person or persons may ride, and with every wheel more that 14 inches in
diameter or two tandem wheels either of which is more than 14 inches in diameter or having three
wheels in contact with the ground, any of which is more than 14 inches in diameter.
"Bicycle commuter facilities" means shower(s) and changing room(s) provided in commercial and
public buildings employing at least 25 people. Such facilities may be part of regular bathroom
facilities.
"Bicycle facilities" is a general term denoting improvements and provisions made to accommodate
or encourage bicycling, including parking facilities, all bikeways, and shared roadways not
specifically designated for bicycle use.
"Bicycle route" means a segment of a bikeway system designated with appropriate directional and
information markers by the jurisdiction having authority.
"Bikeway" means any road, path or way which in some manner is specifically designated as being
open to bicycle travel, regardless of whether such facility is designated for the exclusive use of
bicycles or is shared with other transportation modes.
"Boarding house" means a building or portion thereof, other than a motel, restaurant or hotel, where
meals or lodging or both are provided for compensation for more than four persons, other than a
family.
"Boat dock or pier, community" means a personal use boating structure that is built over or floats
upon the water of a lake, river or stream that serves more than one property owner for the mooring
of boats or as a landing place for marine transport, and that has a surface area of 320 square feet or
less.
"Boat dock or pier, individual" means a personal use boating structure that is built over or floats
upon the water of a lake, river or stream, and that serves one property owner for mooring boats or as
a landing place for marine transport, and that has a surface area of 160 square feet or less.
"Boat house" means a covered or enclosed structure designed to provide moorage and/or storage for
recreational or commercial marine transport and built over or floating upon a lake, river or stream.
"Boat slip" means an area of bank or shore where soil or other material is excavated to a level at or
below the level of the waters of an adjacent lake, river or stream, to allow the mooring or landing of
marine transport within the excavated area.
"Building" means a structure built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind.
Camp, tourist or trailer park (Repealed by Ord. 91-038, 1991)
“Campground” means an area devoted to overnight, temporary use for vacation, recreational or
emergency purposes, but not for residential purposes and is established on a site or is contiguous to
lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of
the campground. It is also where facilities are provided to accommodate camping for two or more
tents, travel trailers, yurts or recreational vehicles. A campground shall not include campsite utility
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hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or
commercial activities such as retail stores or gas stations. A private campground may provide yurts
for overnight camping. The yurt shall be located on the ground or on a wood floor with no
permanent foundation. No more than one-third or a maximum of 10 campsites, whichever is
smaller, may include a yurt. Overnight temporary use in the same campground by a camper or
camper’s vehicle shall not exceed a total of 30 days during any consecutive 6 month period.
Camping vehicles (Repealed by Ord. 91-038, 1991)
“Carport” means a structure used to shelter a vehicle, having no enclosed uses above and entirely
open on two or more sides.
"Carrying capacity" means level of use which can be accommodated and continued without
irreversible impairment of natural resource productivity, the ecosystem and the quality of air, land
and water resources.
“Child care center” means a child care facility that is certified to care for thirteen or more children
or a childcare facility that was not constructed as single family home that is certified to care for 12
or fewer children.
"Church" means an institution that has nonprofit status as a church established with the Internal
Revenue Service.
"Clear vision area" means a triangular area on the corner of a lot at the intersection of two streets or
a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or
railroad measured from the corner to a distance specified in DCC 18.116.020(B). Where lot lines
have rounded corners, the specified distance is measured from a point determined by the extension
of the lot lines to a point of intersection. The third side of the triangle is the line connecting the
ends of the measured sections of the street lot lines.
"Cluster development" means a development permitting the clustering of single or multi-family
residences on part of the property, with individual lots of not less than two acres in size and not
exceeding three acres in size. No commercial or industrial uses not allowed by the applicable
zoning ordinance are permitted.
"Commercial agricultural enterprise" means farm operations which will:
A. Contribute in a substantial way to the area's existing agricultural economy; and
B. Help maintain agricultural processors and established farm markets. When determining
whether a farm is part of a commercial agricultural enterprise, not only what is produced, but
how much and how it is marketed shall be considered.
"Commercial amusement establishment" means a facility supplying refreshments and various forms
of entertainment to the general public.
"Commercial farm" as used in DCC 18.16 means those land tracts shown on the 1991 Assessor's
records as contiguous ownership tracts under one name (or separated only by a road), zoned EFU,
receiving special assessment for farm use and in the top 90 percent of assessed farm use values
(arranged in ascending order). These farms are identified in the resource element of the
comprehensive plan.
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"Commercial forest land" means land which is used for the growing and harvesting of forest tree
species.
"Commercial residential use" means a building, portion of a building or group of buildings designed
or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel or tourist
camp, but excluding quarters intended for permanent occupancy such as a duplex or apartment. A
manufactured home park is not included in this definition.
“Commercial use” means the use of land primarily for the retail sale of products or services,
including offices. It does not include factories, warehouses, freight terminals or wholesale
distribution centers.
“Community center” means a community meeting, retreat and activity facility serving the social or
recreational needs of community residents or visitors.
"Community service use" means any public or semi-public uses, such as landfills schools, utility
facilities, churches, community buildings, fire stations, cemeteries, mausoleums, crematories,
airports and private uses which attract significant numbers of people, such as airports, livestock
sales yards and other similar uses.
"Community sewage system" means a sewage disposal system serving or designed to serve more
than 10 individual residences or other uses for the purpose of disposing of household liquid wastes,
having legal and financial capacity for long-term operation and maintenance. Does not include
municipal or public utility sewage disposal system.
"Community water system" means a domestic water supply source or distribution system which
serves or is designed to serve more than three individual residences or other uses for the purpose of
supplying water for household uses, having legal and financial capacity for long-term operation and
maintenance. Does not include municipal water supply systems.
"Conditional use" means a use that may be permitted, permitted with conditions or denied at the
discretion of the Hearings Body based upon findings of fact as required by DCC Title 18, the
County Uniform Development Procedures Code and the Comprehensive Plan.
"Condominium" means a type of ownership defined by state statute as the land, if any, whether
leasehold or in fee simple, and whether contiguous or not contiguous; any buildings, improvements
and structures on the property; and any easements, rights and appurtenances belonging to the
property which are submitted to the provisions of ORS 100.005 to 100.625.
"Conduit" means any tunnel, canal, pipeline, aqueduct, flume, ditch or similar man-made structure
which is or may be used to convey water.
"Conflicting use" means a land use which could negatively impact or be negatively impacted by a
Goal 5 resource.
"Conservation easement" means a nonpossessory interest in real property conveyed by the property
owner to the County, imposing limitations or affirmative obligations concerning the use of the
property. The purposes of a conservation easement include, but are not limited to, retaining or
protecting natural, scenic or open space values, public access, protecting natural resources,
maintaining or enhancing air and water quality and preserving the historical, archaeological or
cultural aspects of the property.
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"Contiguous land" means parcels of land under the same ownership which abut, irrespective of
roadways, stream or valley bottom.
"Cross-section" means a profile of the ground surface perpendicular to the center line of a street,
stream or valley bottom.
"Dam" means any man-made structure which is or may be used to impound water.
"Destination resort" means a self-contained development providing visitor-oriented
accommodations and developed recreational facilities in a setting with high natural amenities. To
qualify as a "major 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, street and
parking areas.
C. At least $7,000,000 (in 1993 dollars) is spent in the first phase on improvements for on-site-
developed recreational facilities and visitor-oriented accommodations, exclusive of costs for
land, sewer and water facilities and roads. Not less than one-third of this amount shall be spent
on developed recreational facilities.
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 as described in
DCC 18.113.060(A). Accommodations available for residential use will not exceed two such
units for each unit of overnight lodging.
F. Commercial uses limited to those types and levels necessary to meet the needs of visitors to the
development. Industrial uses are not permitted.
"DEQ" means the Oregon Department of Environmental Quality.
"Developed recreation facilities" with respect to destination resorts, means improvements
constructed for the purpose of recreation. These include, but are not limited to, golf courses, tennis
courts, swimming pools, marinas, equestrian trails and facilities and bicycle paths.
"Disposal site" means land facilities used for disposal, handling or transfer of or resource recovery
of solid wastes.
"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.
"DOGAMI" means the Oregon Department of Geology and Mineral Industries.
"Driveway" means a way created to provide vehicular access from a public or private road to a
garage or parking area.
“Drainage swale” means a broad manmade depression, running parallel to the right of way, between
the pavement and the sidewalks for containing storm runoff from streets.
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"Dust-sensitive use" means real property normally used as a residence, school, church, hospital or
similar use. Property used in industrial or agricultural activities is not "dust-sensitive" unless it
meets the above criteria in more than an incidental manner. Accessory uses such as garages and
workshops do not constitute dust-sensitive uses.
"Dwelling, multi-family" means a building or portion thereof designed for occupancy by three or
more families living independently of each other.
"Dwelling, seasonal" means a dwelling unit, including a manufactured home, travel trailer, or
camping vehicle, designed for and used as a temporary dwelling by one family for recreational or
seasonal purposes only.
"Dwelling, single family" means a detached building containing one dwelling unit and designed for
occupancy by one family only, not including temporary structures such as tents, teepees, travel
trailers and other similar structures.
"Dwelling, single family – zero lot line” and in the Neighborhood Planning Area means a detached
building containing one dwelling unit and designed for occupancy by one family only where one or
more of the building’s sides coincide with a lot line, not including manufactured homes and such
temporary structures as tents, teepees travel trailers and other similar structures.
"Dwelling, two-family" means a building containing two dwelling units and designed for
occupancy by two families.
"Dwelling unit" means one or more rooms in a building designed for occupancy by one family and
having not more than one cooking area or kitchen.
"Dude ranch" means a ranch operated wholly or in part as a resort offering horse riding related
activities as outdoor recreation opportunities, and offering only temporary rental accommodations
for vacation use by nonresidents.
"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.
"Ensure" means guarantee; make sure or certain something will happen.
"ESEE" stand for "economic, social, environmental, and energy." ESEE means the economic,
social, environmental and energy "consequences," as defined in OAR 660-16-005, that might result
from prohibiting, restricting, or fully allowing a "conflicting" use. A conflicting use is one which
could negatively impact or be negatively impacted by the Goal 5 resource.
"Excavation, grading and fill and removal" as used in DCC Title 18, these activities shall not
include practices that constitute accepted farming practices as defined in ORS chapter 215.
"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.
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"Exploration (for minerals)" means all activities conducted on or beneath the surface of the earth for
the purpose of determining presence, location, extent, grade or economic viability of a deposit.
"Exploration" does not include prospecting, chemical processing of minerals or the off-premises
sale or use of any minerals.
"Factory built dwelling" means a dwelling unit built substantially or entirely at a place other than
the residential site, meeting County and state building code requirements and including, but not
limited to, prefabricated or modular homes, but excluding manufactured homes.
"Family" means an individual or two or more persons related by blood, marriage, legal adoption, or
legal guardianship living together as one housekeeping unit using a common kitchen and providing
meals or lodging to not more than three additional unrelated persons, excluding servants; or a group
of not more than five unrelated persons living together as one housekeeping unit using a common
kitchen.
“Family child care provider” means a child care provider who regularly provides childcare to fewer
than 13 children, including children of the provider (regardless of part- or full-time status), in the
family living quarters of the provider’s single-family home.
“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 by 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 the 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 species and bird and animal species to the extent allowed by
the rules adopted by the State Fish and Wildlife Commission. “Farm use” includes the on-site
construction and maintenance of equipment and facilities used for the activities described above.
“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 ORS 215.203(3). Current
employment of the land for farm use also includes those uses listed under ORS 215.203(2)(b).
"Feed lot" means a livestock-feeding yard.
"Fence, sight-obscuring" means a continuous fence, wall, evergreen planting or combination thereof
constructed and/or planted to effectively screen a particular use from view.
"Fill and removal" means the deposit or removal by artificial means of material at a location within
the waters of any lake, river or stream, or in wetlands or riparian areas.
"Fire break" means a break in the ground cover fuels intended to prevent the spread of fire.
"Fish passage device" means any man made structure which is or may be used to enable fish to pass
over a dam to move upstream.
"Fish protection device" means any man made structure, such as a fish screen, which is or may be
used to prevent fish from entering into or passing through conduits, penstocks and other water
conducting structures or devices connected to a hydroelectric facility.
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"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 of surface waters from any source.
"Flood, base" means the flood having a one percent chance of being equaled or exceeded in any
given year. Also referred to as the "100-year flood." Such areas are designated by the letter A or V
on the Flood Insurance Rate Map (FIRM).
Flood hazard area (Repealed by Ord. 88-030, 1988)
Flood hazard boundary map (Repealed by Ord. 88-030, 1988)
"Flood Insurance Rate Map (FIRM)" is the official map on which the United States Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community. The FIRM is adopted by reference in Ordinance No.
88-031.
"Flood Insurance Study" is the official report provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the
base flood condition of partial or complete inundation of normally dry land areas. The Study is
adopted by reference in Ordinance No. 88-031.
"Flood plain" means the area adjoining a stream that is subject to inundation by the base flood
discharge that is outside the floodway.
"Flood plain development" means any man made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations, or storage of equipment or materials located within the
area of special flood hazard.
Flood plain profile (Repealed by Ord 88-030, 1988)
"Floodway" means the channel of a river or other water course, 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.
"Forest lands" means lands which are suitable for commercial forest uses including adjacent or
nearby lands which are necessary to permit forest operations or practices and other forested lands
that maintain soil, air, water and fish and wildlife resources.
"Forest operation" means any commercial activity relating to the growing and harvesting of forest
tree species.
"Forest practice" means any operation conducted on or pertaining to commercial forestlands,
including but not limited to:
A. Reforestation of forestland;
B. Road construction and maintenance;
C. Harvesting of forest tree species;
D. Application of chemicals; and
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E. Disposal of slash.
"Forest uses" include production of trees and the processing of forest products; open space; buffers
from noise and visual separation of conflicting uses; watershed protection and wildlife and fisheries
habitat; soil protection from wind and water; maintenance of clean air and water; outdoor
recreational activity and related support services and wilderness values compatible with these uses;
and grazing for livestock.
“Front of building” means the building face, or scaled drawing thereof, from grade to the roof
ridgeline, that is facing a front lot line and located at or behind a front setback.
"Frontage" means all property adjoining one side of a street and measured along the street line,
between intersecting and intercepting streets or between a street and a right of way, waterway, end
of a dead-end or city boundary.
"Geothermal energy facility, small-scale" means an electrical power generating plant with a
nominal electric generating capacity of less than 25 MW; a pipeline that is less than 16 inches in
diameter and less than five miles in length used to carry geothermal resources; and related or
supporting equipment and facilities.
"Geothermal resource, high-temperature" means any groundwater, steam or other fluid 250 degrees
Fahrenheit or greater which is used for its thermal characteristics.
"Geothermal resource, low-temperature" means any groundwater, steam or other fluid less than 250
degrees Fahrenheit which is used for its thermal characteristics.
"Geothermal well, high-temperature" means any excavation as defined by ORS 522.005(10),
522.005(12) or 522.005(15), that is constructed or used for the thermal properties of the resource
contained within, or which is constructed or used for returning such resource to an underground
reservoir.
"Geothermal well, low-temperature" means any excavation as defined by ORS 537.515(9), that is
constructed or used for the thermal properties of the resource contained within, or which is
constructed or used for returning such resource to an underground reservoir.
"Goal 5 resource" means open spaces, scenic and historic areas and natural resources as specified in
Goal 5 of Oregon's Statewide Planning Goals and its implementing Administrative Rule, OAR
chapter 660, division 15.
"Golf course" means an area of land with highly maintained natural turf laid out for the game of
golf with a series of nine or more holes, each including a tee, a fairway, a putting green and often
one or more natural or artificial hazards. A "golf course" may be a nine or 18-hole regulation golf
course or a combination nine and 18 hole regulation golf course consistent with the following:
A. A regulation 18-hole golf course is generally characterized by a site of about 120 to 150 acres
of land, has a playable distance of 5,000 to 7,200 yards, and a par of 64 to 73 strokes.
B. A regulation nine-hole golf course is generally characterized by a site of 65 to 90 acres of land,
has a playable distance of 2,500 to 3,600 yards and a par of 31 to 36 strokes.
"Golf course" does not include a stand-alone driving range. In EFU zones, "golf course"
includes only regulation golf courses and does not include a golf course or golf course-like
development that does not meet this definition. Excluded from this definition is such
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nonregulation development as executive golf courses, Par 3 golf courses, pitch and putt golf
courses and miniature golf courses.
"Golf course, accessory uses" means an accessory use to a golf course is a facility or improvement
that is incidental to the operation of the golf course and is either necessary for the operation and
maintenance of the golf course or that provides goods or services customarily provided to golfers at
a golf course. An accessory use or activity does not serve the needs of the nongolfing public.
Accessory uses to a golf course may include: Parking; maintenance buildings; cart storage and
repair; practice range or driving range; clubhouse; restrooms; lockers and showers; food and
beverage service; pro shop; a practice or beginners course as part of an 18 hole or larger golf course.
In an EFU Zone, accessory uses to a golf course do not include: Sporting facilities unrelated to
golfing such as tennis courts, swimming pools and weight rooms; wholesale or retail operations
oriented to the nongolfing public; housing.
"Grade (ground level)" means the average of the finished ground elevations of all walls of a
building. For purposes of height determination in the Landscape Management Combining Zone,
grade shall be the average of natural ground elevations prior to construction for the wall closest to
and facing the road, river or stream.
"Guest house" means living quarters within a detached accessory building located on the same lot as
the main building for use by temporary guests of the occupants of the main premises, not rented or
otherwise used as a separate dwelling. A guesthouse shall contain no kitchen, kitchenette or other
cooking facilities.
“Guest lodge” means an owner-occupied single-family dwelling unit located on a parcel of not less
than five acres where lodging and meals are provided for compensation and in which no more than
five guest rooms are provided for no more than 10 guests at one time.
"Habitable floor" means any floor usable for living purposes, including working, sleeping, eating,
cooking, or recreation or a combination thereof. A floor used only for storage purposes is not a
habitable floor.
“Health and fitness facility” means a building or series of buildings within which recreational
amenities are included. Such facilities typically include, but are not limited to, any combination of
the following recreational amenities and uses: swimming pool, basketball court, racquetball court,
weight room, exercise room or tennis court, and instruction and counseling related to health and
fitness.
“Height of building" means the vertical distance from grade to the highest point of the roof.
"High-value farmland" means land in a tract composed predominantly of the following soils when
they are irrigated: Agency loam (2A and 2B), Agency sandy loam (1A), Agency-Madras complex
(3B), Buckbert sandy loam (23A), Clinefalls sandy loam (26A), Clovkamp loamy sand (27A and
28A), Deschutes sandy loam (31A, 31B and 32A), Deschutes-Houstake complex (33B), Deskamp
loamy sand (36A and 36B), Deskamp sandy loam (37B), Era sandy loam (44B and 45A), Houstake
sandy loam (65A, 66A and 67A), Iris silt loam (68A), Lafollette sandy loam (71A and 71B),
Madras loam (87A and 87B), Madras sandy loam (86A and 86B), Plainview sandy loam (98A and
98B), Redmond sandy loam (104A), Tetherow sandy loam (150A and 150B) and Tumalo sandy
loam (152A and 152B). In addition to the above described land, high-value farmland includes
tracts growing specified perennials as demonstrated by the most recent aerial photography of the
Chapter 18.04 (08/2008) 12
Agricultural Stablization and Conservation Service of the United States Department of Agriculture
taken prior to November 4, 1993. For purposes of this definition, “specified perennials” means
perennials grown for market or research purposes including, but not limited to, nursery stock,
berries, fruits, nuts, Christmas trees or vineyards but not including seed crops, hay, pasture or
alfalfa.
"Highest shade producing point" means the highest shade producing point of the structure two hours
before and after the solar zenith on December 21.
"Historic area or district" means lands with sites, structures or objects of local, regional, statewide
or national historical significance as indicated in the Comprehensive Plan Resource Element.
"Historic site" means a location, structure or object having local, regional, statewide or national
historic significance as indicated in the Comprehensive Plan Resource Element.
"Hog farm" means any premises where 25 or more hogs are maintained.
"Home occupation" means an occupation or profession carried on within a dwelling and/or a
residential accessory structure by a resident of the dwelling or employees, depending on type
pursuant to DCC 18.116.280 and is secondary to the residential use of the dwelling and/or the
residential accessory structure.
"Horse events" means any exhibition or competition involving horses whose purpose is to test
and/or advance the skills of a horse and/or its rider, such as but not limited to horse shows,
schooling events, horse training seminars or clinics, open houses, cutting competitions, rodeos or
jackpot roping contests.
"Horse stables" means structures, including indoor and outdoor riding arenas, for the stabling or
training of horses and other facilities normally associated with such uses.
"Horse stables, commercial" means stables for the boarding and/or keeping of horses and the
training of horses that are not non-commercial riding stables as defined in DCC Title 18.
"Horse stable, noncommercial" means a detached accessory structure for the stabling or training of
horses owned by the landowner or a single lessee of the stable facility for personal use. May also
include the incidental boarding or keeping of up to five horses owned by persons not the owner or
lessee of the horse stable for their personal use.
“Hotel/motel unit” means a single room, or suite of rooms, however owned, including but not
limited to the condominium form of ownership, within a multiple unit building that provides
separately rentable overnight sleeping accommodations on a temporary basis that are not available
for residential use.
"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.
Chapter 18.04 (08/2008) 13
“Industrial use” means the use of land primarily for the manufacture, processing, storage or
wholesale distribution of products, goods or materials. It does not include commercial uses.
“Inn” means a multiple unit building, with more than three and up to 20 guest rooms, where
overnight lodging and meals are provided for compensation. Meals include breakfast, lunch and
dinner served only to guests who are provided overnight lodging.
Insure (Repealed by Ord. 91-020, 1991)
"Intensive agricultural use" means any agricultural use where accepted farming practice may
produce noise, dust, chemical application or other potential nuisance at any time during the year.
"Interest" includes a lot or parcel, a share, undivided interest or membership which includes the
right to occupy the land overnight, and a lessee's interest in land for more than three years or less
than three years if the interest may be renewed under the terms of the lease for a total period of
more than three years. Interest does not include any interest in a condominium as that term is
defined in ORS 100.505 or any security interest under a land sales contract, trust deed or mortgage.
Interest does not include division’s deed or mortgage. Interest does not include divisions of land
created by lien foreclosures or foreclosures of recorded contracts for the sale of real property.
“Irrigated.” As used in DCC 18.16, irrigated means watered by an artificial or controlled means,
such as sprinklers, furrows, ditches or spreader dikes. An area or tract is “irrigated” if it is currently
watered, or has established rights to use water for irrigation from a water or irrigation district or
other provider. For the purposes of identifying high-value farmland, an area or tract within a water
or irrigation district that was once irrigated shall continue to be considered “irrigated” even if the
irrigation water was removed or transferred to another tract.
"Junk yard" means primary or accessory use of a parcel of land for the storage, dismantling or
selling of castoff or salvage material of any sort in other than the original form in which it was
manufactured or assembled, not including reconditioned secondhand furniture or fixtures sold from
within a walled building.
"Kennel" means a lot or building in which four or more dogs, cats, pot-bellied pigs or other animals
at least four months of age are kept commercially for board, breeding, training or sale.
"Key facilities" means basic services usually furnished by local government but which also may be
provided by private enterprise, essential to the support of more intensive development. Includes
public schools, transportation, water supply, fire protection, sewage and solid waste disposal.
“La Pine Collector Street” means a collector street in the La Pine Urban Unincorporated
Community, La Pine Neighborhood Planning Area as a depicted on the Neighborhood Planning
Area Street Plan, Figure 15, in DCC 23.36.052, the Deschutes County Comprehensive Plan.
“La Pine central collector” means the collector street running north and south through the center of
the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area. The
generalized corridor location for the Central Collector is depicted on the Neighborhood Planning
Area Street Plan, Figure 15, in DCC 23.36.052.
"Land development" means the division of land into parcels or lots for any purpose or the creation
of units or parcels for the purpose of sale or lease for a term of one year or more. Includes the intent
for disposition of any land, whether contiguous or not, including any land divided, lots, parcels,
Chapter 18.04 (08/2008) 14
units or interests offered as a part of a common promotional plan of advertising and disposition by a
single developer or group of developers acting in concert. If the land is contiguous or is known,
designated or advertised as a common unit or by a common name, the land shall be presumed,
without regard to the number of lots covered by each individual offering to be offered for
disposition as part of a common promotional plan.
"Land disposal site" means a disposal site and related facilities at which the method of disposing
solid waste is by landfill.
"Landing strip" means an area used for the landing and taking off of aircraft for the personal use of
the property owner or his guests, or aircraft employed in agricultural operations.
"Landing strip, personal use" see "Personal use landing strip" for airplanes and helicopter pad.
"Landscaping" means trees, grass, bushes, shrubs, flowers, and garden areas, and incidental
arrangements of fountains, patios, decks, street furniture and ornamental concrete or stonework and
artificial plants, bushes or flowers.
"Legislative" means a planning or zoning action resulting in a general rule or policy which is
applicable to an open class of individuals or situations.
“Live/work dwelling” is a use permitted in the La Pine Urban Unincorporated Community, La Pine
Neighborhood Planning Area, and Residential Center District in which a business may be operated
on the ground floor. The ground floor commercial or office space has visibility, signage and access
from the primary street. To preserve the pedestrian orientation of the commercial or office space,
alley access is required for parking. The location of lots where live/work dwellings may be sited
shall be specified on the subdivision plat. The live/work housing types are defined below:
A. Live/work house: A single-family detached house with no more than 50 percent of the first
story of the building available as commercial or office space.
B. Live/work town home: A residential, fee simple town home unit in which a business may be
operated. The commercial or office portion of the building shall be limited to the ground floor
and may not exceed 50 percent of the square footage of the entire building, excluding the
garage.
Live/work residence,” for purposes of DCC 18.108.055, is a residential dwelling unit, designed for
occupancy by one family, in which a commercial business may be operated on the ground floor of
the residential unit.
"Livestock" means domestic animals of types customarily raised or kept on farms for profit or other
productive purposes. This definition does not include household dogs, cats and pot-bellied pigs.
"Livestock feed lot" means an enclosure designed or used for the purpose of the concentrated
feeding or fattening of livestock for commercial.
"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,
having direct access to a street or alley, for the temporary parking of a commercial vehicle or truck
while loading or unloading merchandise or materials.
Chapter 18.04 (08/2008) 15
“Lock-off Area,” for purposes of DCC 18.108.055, means a part of one dwelling unit that has all of
the following characteristics; (a) a sleeping area that is separated by an interior, locking door that
bars access from the sleeping area to the remainder of the dwelling unit; and (b) the separated
sleeping area has a separate, external point of access; and (c) is used to provide overnight
accommodations on a temporary basis.
"Lodge" means a structure or group of related structures wherein transient eating and/or sleeping
accommodations are provided for a fee in connection with outdoor recreation activities.
"Lot" means a unit of land created by a subdivision of land.
“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 acres 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. Provided, however, that the
Planning Director or Hearings Body shall include in gross lot areas all streets, roads, and easement
of access to other property that would accrue to that lot if the road, street or easement were vacated,
and shall treat the gross area 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 adjoining two or more streets, other than alleys, at their intersection
provided the angle of intersection of the adjoining streets does not exceed 135 degrees.
"Lot Depth" means the average horizontal distance between the front and rear lot lines.
"Lot Line" means the property lines bounding a lot.
"Lot Line, Front" means the lot line separating a lot from a street other than an alley. In the case of
a lot that does not front directly on any street, the front lot line shall be that lot line parallel to and
facing the same direction as the front lot lines of the majority of other properties in the immediate
area.
"Lot Line, Rear" means the lot line opposite and most distant from the front lot line. In the case of
an irregular, triangular, or other odd shaped lot, a line 10 feet in length within the lot, parallel to and
at a maximum distance from the front lot line.
"Lot Line, Side" means any lot line other than a front or rear lot line bounding a lot.
"Lot, Through or Double Frontage" means a lot having frontage on two parallel or approximately
parallel streets other than alleys.
"Lot Width" means the average horizontal distance between the side lot lines, ordinarily measured
parallel to the front 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;
Chapter 18.04 (08/2008) 16
2. By a subdivision plat, as defined in ORS 92, 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 subject to a recorded subdivision or town plat;
4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes
County Record of Plats; or
5. By the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot
or parcel.
B. The following shall not be deemed to be a lot of record:
1. A lot or parcel created solely by a tax lot segregation because of an assessor's roll change or
for the convenience of the assessor.
2. A lot or parcel created by an intervening section or township line or right of way.
3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed
subject to DCC 18.04.030(B).
4. A parcel created by the foreclosure of a security interest.
For the purposes of DCC Title 18, "lot" or "parcel" means a lot of record as defined DCC
18.04.030.
"Lowest floor" means the lowest floor of the lowest enclosed area of a structure, including the
basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirements of DCC 18.96.060.
"Major partition" means a partition which includes the creation of a road or street.
"Manufactured home" shall have the meaning as set forth in ORS 446.003(26).
"Manufactured home park" means any place where two or more manufactured homes are parked
within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the
primary purpose of which is to rent space or keep space for rent to any person for a charge or fee
paid or to be paid for the rental or use of facilities or to offer space free in connection with securing
the trade or patronage of such person.
"Manufactured home subdivision" means a subdivision intended to be occupied primarily or
exclusively by manufactured homes.
"Marina" means a facility developed along a body of water which includes docks, boat slips or
moorings, and uses or improvements which are either necessary for its operation and maintenance,
or provides goods or services customarily provided to boaters. Such uses and improvements may
include: parking lots, maintenance buildings, boat storage, boat rental, restrooms, lockers and
showers, food and beverage service, and retail sales of goods and services related to boating
activities. A marina does not include boat sales, boat houses or facilities unrelated to boating, such
as wholesale or retail businesses oriented toward the nonboating public, stand alone restaurants or
other recreational amenities.
"Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on the Flood Insurance Rate Map (FIRM) are referenced.
Chapter 18.04 (08/2008) 17
"Mineral" includes, but is not limited to soil, select fill, coal, clay, stone, sand, gravel, aggregate,
pumice, cinders, metallic ore and any other inorganic solid excavated from a natural deposit in the
earth for commercial, industrial or constructional use.
"Mini-storage" means commercial development of multiple storage units for rental to the public.
"Minor partition" means a partition that does not include the creation of a road or street.
"Mitigation" means the minimizing or offsetting of impacts by the provision of on- or off-site
improvement or compensation which benefits impacted property owners, resources and the public
interest. Mitigation measures include, but are not limited to, the provision of additional fish and
wildlife habitat, conservation easements, on- and off-site screening and buffering, compensation for
the maintenance of existing off-site screening, fees in lieu of improvements and similar
arrangements which are agreed to in writing by the affected parties and which relate to and are
necessitated by a surface mining development or operation.
“Mixed Use Structure,” for purposes of DCC 18.108.055, is a structure or building that contains
residential dwellings and/or resort hotel units that also contains commercial uses.
Mobile home (Repealed by Ord. 91-005, 1991)
Mobile home park (Repealed by Ord. 91-005, 1991)
Mobile home subdivision (Repealed by Ord. 91-005, 1991)
"Modular homes" see "factory built dwelling."
“Multi-use path” means a path physically separated from motor vehicle traffic by an open space or
barrier and either within a highway right-of-way or within an independent right-of-way. The multi-
use path is used by bicyclists, pedestrians, joggers, skaters and other non-motorized travelers.
"Municipal water supply system" means a domestic water supply source and distribution system
owned and operated by a city, county, special district or other public corporation which has
independent tax-levying powers to support the system and which supplies water to a total of 1,000
or more households.
"Natural area" means as indicated in the Comprehensive Plan Resource Element, land and water
that has substantially retained its natural character or land and water that, although altered in
character is important as habitats for plant, animal or marine life, for the study of its natural,
historical, scientific or paleontological features or for the enjoyment of its natural features.
"Natural hazard area" means an area subject to natural events known to result in death or
endangerment of the works of man, such as stream flooding, ground water, flash flooding, erosion
or fluvial deposits, landslides, earthquakes, weak foundation soils and other hazards unique to a
local or regional area.
"Natural resources" means air, land, water and the elements thereof valued for their existing and
potential usefulness to man.
Chapter 18.04 (08/2008) 18
"Necessary for" as used in DCC 18.36.050 and 18.40.050, means the dwelling will contribute
substantially to effective and efficient management of the forestland to be managed by the
resident(s) of the dwelling.
“Neighborhood” means one of four areas in the La Pine Urban Unincorporated Community, La
Pine Neighborhood Planning Area, as depicted on the Neighborhood Planning Area Neighborhood
and Quadrant Plan, Figure 11, in DCC 23.36.052, the Deschutes County Comprehensive Plan. Each
Neighborhood has a Residential Center District including a Neighborhood Park and is divided into
Quadrants by neighborhood collector streets.
“Neighborhood commercial building” means a building located in the La Pine Urban
Unincorporated Community, La Pine Neighborhood Planning Area, Residential Center District that
does not exceed a total of 4,000 square feet of gross floor area and may contain retail, service,
office, or food service establishment, excluding drive-through. A neighborhood commercial
building is a stand-alone commercial use to serve neighborhood needs. It is not intended to draw
large numbers of patrons from outside of the neighborhood. The design of the building shall be
residential in scale and character. Off-street parking is limited to a maximum of one space per 500
square feet of building. Off-street parking must be located at the side or rear of the building. The
public entrance to the building shall be from the primary street frontage.
“Neighborhood park” means a public park located in the central area of each Neighborhood in the
La Pine Neighborhood Planning Area. Neighborhood Park size ranges from two to five acres.
“Neighborhood quadrant” means one of the four sub areas in each of the four neighborhoods in the
La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area. The Quadrants
are depicted on the Quadrant Plan, Figure 11, in DCC 23.36.052, the Deschutes County
Comprehensive Plan.
"New construction" means any structure for which the start of construction commenced on or after
the effective date of Ordinance PL-15. For purposes of the Flood Plain Zone (FP), "new
construction" means any structure for which the start of construction commenced on or after the
date of adoption of the amendments to the Flood Plain Zone in Ordinance No. 88-030.
"Noise-sensitive use" means real property normally used for sleeping or normally used as schools,
churches, hospitals or public libraries. Property used in industrial or agricultural activities is not
"noise-sensitive" unless it meets the above criteria in more than an incidental manner. Accessory
uses such as garages or workshops do not constitute noise-sensitive uses.
"Nonconforming lot or parcel" means a lot or parcel which is smaller in area than the minimum lot
or parcel size in the zone.
"Nonconforming structure or use" means a lawful existing structure or use at the time DCC Title 18
or any amendment thereof becomes effective which does not conform to the requirements of the
zone in which it is located.
"North lot line" means a lot line that requires solar access protection, as specified in DCC
18.116.180, that is 45 degrees or more from a north-south axis as determined by a metes and bounds
description established on a County Assessor's tax lot map, verified by a survey filed with the
County Surveyor or established by an official plat recorded in the County Clerk's Office. If more
than one north lot line exists for a parcel or lot, solar protection shall be required for each line and
the most restrictive solar setback must be met.
Chapter 18.04 (08/2008) 19
"Nursery, day" means a facility providing day care to three or more children, aged 14 years or
under, but not including any:
A. Facility providing care that is primarily educational unless provided to a preschool child for
more than four hours a day;
B Facility providing care that is primarily supervised training in a specific subject, including but
not limited to dancing, drama, music or religion;
C. Facility providing care that is primarily an incident of group athletic or social activities
sponsored by or under the supervision of an organized club or hobby group;
D. Facility operated by a school district or governmental agency; or
E. Residential facility licensed under ORS 443.400 to 443.445 and 443.991(2).
"Nursing home" means any home, institution or other structure maintained or operated for the
nursing or care of 16 or more ill, aged or infirm adults not requiring hospital care or hospital
facilities.
"Open space" means lands used for agricultural or forest uses and any land area that would, if
preserved and continued in its present use:
A. Conserve and enhance natural or scenic resources;
B. Protect air, streams or water supply;
C. Promote conservation of soils, wetlands, beaches or marshes;
D. Conserve landscaped areas such as public or private golf courses, that reduce pollution and
enhance the value of adjoining or neighboring property;
E. Enhance the value to the public of adjoining or neighboring parks, forests, wildlife preserves,
nature reservations or other open space;
F. Enhance recreation opportunities;
G. Preserve historic, geological and archeological sites;
H. Promote orderly urban development; and
I. Minimize conflicts between farm and nonfarm uses.
“Open space buffer” means the open space designated on the La Pine Urban Unincorporated
Community, La Pine Neighborhood Planning Area Parks and Open Space Plan, Figure 17 in DCC
23.36.052, the Deschutes County Comprehensive Plan. The open space buffer provides space between
the Neighborhoods and Highway 97, Huntington Road, Burgess Road and the existing subdivision
adjacent to the La Pine Neighborhood Planning Area.
“Open space corridor” means the corridors designated on the La Pine Urban Unincorporated
Community, La Pine Neighborhood Planning Area Parks and Open Space Plan, Figure 17 in DCC
23.36.052, the Deschutes County Comprehensive Plan. The open space corridors define the
boundaries between the Neighborhoods and are the locations for paths in the non-motorized
circulation network.
"Ordinary High Water Mark (OHM)" means the highest level on the bank or shore of a lake, river
or stream to which the water ordinarily rises annually in season.
"Ordinary Low Water Mark (OLM)" means the lowest level on the bank or shore of a lake, river or
stream to which the water ordinarily recedes annually in season.
“Outdoor Recreational Equipment Storage Area” means a fenced area for the outdoor storage of
recreational or sporting equipment which may include: recreational vehicles as defined by Chapter
18.04, boats, jet skis, golf carts, snowmobiles, and dog sleds. The equipment may be stored outside
or under a roof without enclosed sides.
Chapter 18.04 (08/2008) 20
"Overburden" means earth or rock that lies above a natural deposit of a mineral.
"Overnight lodgings" with respect to destination resorts, means permanent, separately rentable
accommodations that are not available for residential use. Overnight lodgings include hotel or
motel rooms, cabins and time-share units. Individually-owned units may be considered overnight
lodgings if they are available for overnight rental use by the general public for at least 38 weeks per
calendar year through a central reservation and check-in service operated by the destination resort
or through a real estate property manager, as defined in ORS 696.010. Tent sites, recreational
vehicle parks, mobile homes, dormitory rooms and similar accommodations do not qualify as
overnight lodging for the purpose of this definition.
"Owner" means the owner of DCC Title 18 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 Recorder's records.
"Parcel" means a unit of land created by a partitioning of land.
“Parking garage, below-grade” see “Below-grade parking garage” definition.
"Parking space" means a clear, off-street area for temporary parking or storage of one automobile,
having an all-weather surface of a width not less than eight and one-half feet, a length of not less
than 22 feet and not less than eight and one-half feet in height when within a building or structure.
Such parking space shall not be less than 190 square feet in area and shall have easy access to a
street or alley by a driveway having an all-weather surface, except as approved subject to DCC
18.116.030.
"Partition" means an act of partitioning land or an area or tract of land partitioned as defined under
"partition land."
"Partition land" means to divide land into two or three parcels within a calendar year. Partition land
does not include divisions of land resulting from lien foreclosures, or recorded contracts for the sale
of real property and divisions of land resulting from the creation of cemetery lots. Partition land
does not include a division of land resulting from the recording of a subdivision or condominium
plat. Partition land does not include an adjustment of a property line by the relocation of a common
boundary where an additional unit of land is not created and where the existing unit of land reduced
in size by the adjustment complies with any applicable zoning ordinance.
"Partition plat" means the final map describing parcels created by partition and other writing as
specified in the subdivision and partition ordinance containing all other descriptions, locations,
specifications, dedications, provisions and information concerning a major or minor partition.
"Pedestrian facilities" means improvements which provide for public pedestrian foot traffic
including sidewalks, walkways, crosswalks and other improvements, such as lighting and benches
which make it safe or convenient to walk.
"Penstock" means any conduit or other structure which is or may be used to convey water to the
driving mechanism of a generator.
Chapter 18.04 (08/2008) 21
"Person" means a natural person, firm, partnership, association, social or fraternal organization,
corporation, trust, estate, receiver, syndicate, branch of government or any group or combination
acting as a unit.
"Personal use landing strips for airplanes and helicopter pad" means an airstrip restricted, except for
aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited
guests and by commercial aviation activities in connection with permitted uses of the land. No
aircraft may be based on a personal-use landing strip other than those owned or controlled by the
owner of the airstrip. Exception to the activities permitted under this definition may be granted
through waiver action by the Aeronautics Division in specific instances. A personal use airport
lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable
regulations of the Aeronautics Division.
"Petroleum distribution facility" 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.
"Planned community" means a self-contained complex of residential, commercial and industrial
uses in the form of a planned development in conjunction with a master plan with an interrelated
system for transportation, utilities, recreational areas and other public facilities all of which
constitute a separate community which is at least 640 acres in size. Sunriver is an example of a
planned community.
"Planned development" means the development of an area of land at least 40 acres in size for a
number of dwelling units, commercial or industrial 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 18, and usually featuring a
clustering of residential units.
"Planned unit development," see "planned development."
"Plant nursery" means a place where young trees or other plants are raised for experimental
purposes or for transplanting for sale.
"Plat" means a final map or diagram concerning a subdivision or partition. Includes a subdivision
plat, replat or partition plat.
"Pole height" means the height of the point on a building that casts the longest shadow on the north
side of the building as measured between 10:00 a.m. and 2:00 p.m. on December 21.
"Pot-bellied pig" means a swine commonly referred to as Miniature Vietnamese, Chinese or
Oriental pot-bellied pig. Such animals shall not exceed a maximum height of 18 inches at the
shoulder.
"Potential structure," for purpose of solar access protection on 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.
"Preexisting nonconforming lot or parcel" means a nonconforming lot or parcel which is a lot of
record.
"Prefabricated house" see "factory built dwelling."
Chapter 18.04 (08/2008) 22
"Primary or principal use" means the first use to which property is or may be devoted, and to which
all other uses on the premises are accessory or secondary uses. As used relative to dwelling units,
the primary dwelling would be the first dwelling unit to be located on a specific parcel or lot.
"Productive solar collector" means a solar collector that provides no less than a) 10 percent of a
building's annual total energy requirement; or b) 50 percent of a building's annual water heating
requirements.
"Prospect well" means any well drilled as a geophysical test well, seismic shot hole, mineral
exploration drilling, core drilling or temperature gradient test well less than 2,000 feet in depth.
Prospect well does not include a geothermal well as defined in DCC 18.04.030.
"Protect" means save or shield from loss, destruction, 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 18.
"Provide" means prepare, plan for and supply what is needed.
"Public park" means an area of natural or ornamental quality for outdoor recreation that provides
the resource base for the following activities: picnicking, boating, fishing, swimming, camping and
hiking or nature oriented recreation such as viewing and studying nature and wildlife habitat, and
may include play areas and accessory facilities that support the activities listed above.
"Public use" means a use owned or operated by a public agency for the benefit of the public
generally. This does not include landfill sites, garbage dumps or utility facilities.
Public utility water system (Repealed by Ord. 93-043, 1993)
"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.
“Quadrant plan” means a development plan for a Neighborhood Quadrant in the La Pine
Neighborhood Planning Area.
"Quasi-judicial" means a land use action entailing application of a general rule or policy to specific
individuals or situations.
"Ramada" means a stationary structure having a roof extending over a manufactured structure
which may also extend over a patio or parking space of motor vehicles and is used principally for
protection from snow, sun or rain. A ramada is open on two or more sides and has no enclosed
uses.
"Ranch hand residence" means a building, structure or manufactured home used for residential
purpose for an agricultural employee and his family.
"Reclamation" means the employment in a surface mining operation of procedures designed to
minimize, as much as practical, the disruption of the surface mining operation and to provide for
rehabilitation of any such surface resources adversely affected by such mining operations through
Chapter 18.04 (08/2008) 23
the rehabilitation of plant cover, soil stability, water resource and other measures appropriate to the
subsequent beneficial use of mined and reclaimed lands.
"Recreation camps or resorts" means an area devoted to facilities and equipment for recreational
purposes, including swimming pools, tennis courts, playgrounds, and other similar uses, whether
the use of such area is limited to private membership or open to the public upon payment of a fee.
"Recreation parks" means an area designated by the landowner for picnicking or overnight camping
and offered to the general public whether or not a fee or charge is made for such accommodations.
“Recreational path” means a pathway constructed as part of a community wide path system used for
multi-purpose recreational uses, including but not limited to: walking, running, bicycling, cross-
country skiing and roller and in-line skating. Such paths may be improved with wood chips,
aggregate, asphalt or other material necessary to designate and maintain the pathway for the use
intended. Recreational paths do not include running tracks, velodromes or other single purpose
tracks not developed as part of the community wide path system.
"Recreational vehicle" means a mobile unit which is designed for temporary human occupancy and
licensed as a motor home, recreational trailer or camper by the Oregon Motor Vehicles Division or
similar units licensed by another state. This mobile unit is designed to be:
A. self-propelled or permanently towable by a light duty truck;
B. built on a single chassis; and
C. 400 square feet or less when measured at the largest horizontal projection
"Recreational vehicle park" means a park intended, designed or utilized for temporary occupancy
primarily by recreational vehicles.
“Regional park” means a park ranging in size from 10 to 25 acres with recreational facilities to
serve the La Pine Urban Unincorporated Community and surrounding region.
"Replat" means the act of platting the lots, parcels and easements in a recorded subdivision or
partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase
or decrease the number of lots in the subdivision.
"Residential" means any dwelling unit or group of units built or used for human occupancy.
"Residential facility" means a facility licensed by or under the authority of the Department of
Human Resources which provides residential care alone or in conjunction with treatment or training
or a combination thereof for six to 15 individuals who need not be related. Staff persons required to
meet Department of Human Resources licensing requirements shall not be counted in the number of
facility residents, and need not be related to each other or to any resident of the residential facility.
"Residential home" means a home licensed by or under the authority of the Department of Human
Resources which provides residential care alone or in conjunction with treatment or training or a
combination thereof for five or fewer individuals who need not be related. Staff persons required to
meet Department of Human Resources licensing requirements shall not be counted in the number of
facility residents, and need not be related to each other or to any resident of the residential home.
“Resort facility” means a building or series of buildings, portions of which are under common
ownership which provide interrelated visitor and vacation services and are intended to serve the
community and the travel needs of people traveling through the area. Typical uses include, but are
Chapter 18.04 (08/2008) 24
not limited to: overnight accommodations, meeting rooms, convention and banquet facilities,
administrative facilities, maintenance and storage facilities, resort recreation facilities, and
restaurant and retail uses which are customarily appurtenant to such uses.
“Resort recreation facilities” means any combination of the following recreational amenities and
their accessory uses: health and fitness facility, golf course (including development such as
executive, Par 3 and pitch and putt golf course), golf course accessory uses, tennis court, park,
playground, picnic and barbecue area, in-line skating area, recreational path, miniature golf facility,
nature center, equestrian facility, swimming pool, basketball and volleyball court, running track,
ball fields, ice skating rink, or similar use intended for sport or play, and community center.
“Resort utility facilities” means buildings, structures and uses, not including living quarters, that
provide or are used in connection with activities of a service or infrastructure nature for the
operation and maintenance of a resort community. Such facilities include, but are not limited to:
sewage treatment plant, water treatment, transmission lines, wells and pumping equipment,
substation or pump station, irrigation systems, equipment storage, repair yard or building, facilities
mandated by the Oregon Department of Environmental Quality, cable television facility, and
administrative offices.
"Resource recovery" means the process of obtaining useful material or energy resources from solid
waste and includes:
A. "Energy recovery," which means recovery in which all or a part of the solid waste materials are
processed to utilize the heat content, or other forms of energy, of or from the material.
B. "Material recovery," which means any process of obtaining from solid waste, by presegregation
or otherwise, materials which still have useful physical or chemical properties and can be
reused or recycled from some purpose.
C. "Recycling," which means any process by which solid waste materials are transformed into new
products in such a manner that the original products may lose their identity.
D. "Reuse," which means the return of a commodity into the economic stream for use in the same
kind of application as before without change in its identity.
"Right of way" means the area between the boundary lines of a street, road or other public
easement.
"Rimrock" means any ledge, outcropping or top or overlying stratum of rock, which forms a face in
excess of 45 degrees, and which creates or is within the canyon of the following rivers and streams:
(1) Deschutes River, (2) Crooked River, (3) Fall River (4) Little Deschutes River (5) Spring River
(6) Paulina Creek (7) Whychus Creek and (8) Tumalo Creek. For the purpose of DCC Title 18, the
edge of the rimrock is the uppermost rock ledge or outcrop of rimrock.
"Road and street project" means the construction and maintenance of the roadway, bicycle lane,
sidewalk or other facility related to a road or street. Road and street projects shall be a Class I, Class
II or Class III project.
A. Class I Project. Land use permit required. "Class I Project" is a major project such as:
1. A new controlled-access freeway;
2. A road or street project of four or more lanes on a new location; and
3. A major project involving the acquisition of more than minor amounts of rights of way,
substantial changes in access control, a large amount of demolition, displacement of a large
number of residences or businesses or substantial changes in local traffic patterns.
B. Class II Project. Land use permit required. "Class II Project" is a:
1. Modernization where a road or street is widened by more than one lane;
Chapter 18.04 (08/2008) 25
2. Traffic safety or intersection improvement which changes local traffic patterns;
3. System change which has significant land use implications; or
4. The construction of a new County road or street within a dedicated pubic right-of-way,
where none existed before.
C. Class III Project. No land use permit required. "Class III Project" is a modernization, traffic
safety improvement, maintenance, repair or preservation of a road or street.
"Road or street" means a public or private way created to provide ingress or egress to one or more
lots, parcels, areas or tracts of land.
A. "Alley" means a narrow street through a block primarily for vehicular service access to the back
or side of properties adjoining another street.
B. "Arterial" means a restricted access street of substantial continuity which is primarily a traffic
artery for intercommunication among large areas, and so designated by the County.
C. "Bicycle route" means a right of way for bicycle traffic.
D. "Collector" means a street supplementary to the arterial street system used or intended to be
used principally for the movement of traffic between arterial and local streets and roads within
the County.
E. "Cul-de-sac" means a short street having one end open to traffic and the other end terminated
by a vehicle turnaround.
F. "Half street" means a portion of the width of a street sufficient for safe service temporarily (as
approved by the County Engineer) when the remaining portion of the street is likely to be
provided in another subdivision.
G. "Marginal access street" means a minor street parallel and adjacent to a major arterial providing
access to adjoining properties, but protected from through traffic.
H. "Local street" means a street intended primarily for access to adjoining properties.
I. "Stubbed streets" means a street having only one outlet for vehicular traffic and which is
intended to be extended or continued to serve future subdivisions or developments on adjacent
lands.
"Roadway" means that portion of a street or road right of way developed for vehicular traffic.
"Scenic area" means land and other natural features valued for their aesthetic qualities.
"School, private" means any licensed or accredited private entity that offers instruction or training
for any academic, technical or identified occupational objective.
"School, public" means a school operated by a government agency.
"Self-contained development" with respect to destination resorts, means community sewer, water
and recreational facilities provided on-site and limited to meet the needs of the resort or provided by
existing public sewer or water service as long as all costs related to service extension and any
capacity increase are borne by the development. A "self-contained development" shall have
developed recreational facilities provided on-site.
"Semipublic use" means a structure or use intended or used for both private and public purposes by
a church, lodge, club or any other nonprofit organization.
"Service establishment" means a business selling a service and products directly related to that
service. Service establishment includes, but is not limited to, shoe or appliance repair; hair cutting
and styling; realtor; interior decorator; upholsterer; pet grooming; optician and travel agent. An
Chapter 18.04 (08/2008) 26
automobile repair garage or medical office is not a service establishment for the purposes of DCC
Title 18.
"Setback" means an open space on a lot which is unobstructed from the ground upward except as
otherwise provided in DCC Title 18.
"Setback, front" means a setback between side lot lines, measured horizontally at right angles to the
front lot line from the front lot line to the nearest point of a building.
"Setback, rear" means a setback between side lot lines, measured horizontally at right angles to the
rear lot line from the rear lot line to the nearest point of a building.
"Setback, side" means a setback between the front and rear yard measured horizontally at right
angles from the side lot line to the nearest point of a building.
"Setback, street side" means a setback adjacent to a street between the front setback and rear lot line
measured horizontally and at right angles from the side lot line to the nearest point of a building.
"Shade" means a shadow, except a shadow caused by a narrow object, including, but not limited to,
a utility pole, an antenna, a wire or a flagpole.
"Shopping complex" means a group of commercial establishments planned, constructed and
managed as a total entity with customer and employee parking on site and aesthetic considerations
which integrate it with the surrounding area.
“Sidewalk” means a pedestrian walkway separated from a road, with or without a curb, constructed
of a durable, hard surface, usually concrete.
"Sign" means an identification, description, illustration or device which is affixed to or represented,
directly or indirectly upon a building, structure or land, and which directs attention to a product,
place, activity, person, institution or business.
"Sign, advertising" means a sign which directs attention to a business, product, activity, or service
not necessarily conducted, sold or offered upon the premises where such a sign is located.
"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.
"Solid waste" for the purposes of DCC Title 18, means all putrescible and nonputrescible wastes,
including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard; commercial,
Chapter 18.04 (08/2008) 27
industrial, demolition and construction wastes, discarded home and industrial appliances; and other
wastes; but the term does not include:
A. Hazardous wastes as defined in ORS 466.005(7).
B. Materials used for fertilizer or for other productive purposes or which are salvageable as such
materials are used on land in agricultural operations and growing or harvesting of crops and the
raising of animals.
Stables, Private (Repealed by Ord. 94-008, 1994)
Stables, Public (Repealed by Ord. 94-008, 1994)
"Stabling or training equines" as used in the definition of "farm use" means the use of land
involving the pasturing, keeping, boarding, management or training of horses. For the purposes of
this definition, horse events, as defined herein are deemed to be an incident of training.
"Start of construction" means the first act 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 the installation of streets or
walkways, excavation for a basement, footings, piers or foundations, the erection of temporary
forms or the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or as part of the main structure. For a structure other than a
manufactured home without a basement or poured footings, the start of construction includes the
first permanent framing or assembly of the structure, or any part thereof, on its piling or
foundations. For manufactured homes not within a manufactured home park or manufactured home
subdivision, start of construction means the affixing of the mobile home to its permanent site. For
manufactured homes within manufactured home parks or manufactured home subdivisions, start of
construction is the date on which 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 pouring of concrete pads, and installation of utilities) is begun.
"Story" means that portion of a building included between the upper surface of any floor and the
upper surface of the floor next above it, except the top story shall be that portion of a building
included between the upper surface of the top-most floor and the ceiling or roof above.
"Story, half" means a story under a gable, hip or gambrel roof, the wall plates of which, on at least
two opposite exterior walls, are not more than two feet above the floor of such story.
"Stream, perennial" includes the following rivers and streams in Deschutes County: Alder Creek,
Bottle Creek, Bridge Creek, Brush Draw, Bull Creek, Cache Creek, Charlton Creek, Cultus Creek,
Cultus River, Deer Creek, Deschutes River, Dry Creek, Fall Creek, First Creek, Full Creek, Goose
Creek, Indian Ford Creek, Jack Creek, Kaleetan Creek, Lake Creek-Middle Fork, Little Deschutes
River, Metolius Creek, Park Creek-East Fork, Park Creek-West Fork, Paulina Creek, Pole Creek,
Rock Creek, Snow Creek, Soap Creek, Soda Crater Creek, Spring Creek, Whychus Creek,
Whychus Creek-North Fork, Three Creek, Todd Lake Creek, Trout Creek, Tumalo Creek, Tumalo
Creek-North Fork, Tumalo Creek-Middle Fork, and Tumalo Creek-South Fork.
"Street" means the entire width between the right of way lines of every public way for vehicular and
pedestrian traffic. Includes the terms "road," "highway," "land," "place," "avenue," "alley" or other
similar designation.
Chapter 18.04 (08/2008) 28
"Structural alteration" means any change to the supporting members of a structure including
foundations, bearing walls or partitions, columns, beams, girders, any structural change in the roof
or in the exterior walls, or any alteration requiring a building permit.
"Structure" means something constructed or built having a fixed base on, or fixed connection to, the
ground or another structure.
"Subdivide lands" means to divide land into four or more lots within a calendar year.
"Subdivision" means either an act of subdividing land or an area or a tract of land subdivided.
"Subdivision plat" means the final map and other writing containing all the descriptions, locations,
specifications, dedications, provisions and information concerning a subdivision.
"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50 percent of the true cash value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure. The term does not,
however, include either;
C. Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe living
conditions; or
D. Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
"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.
"Sun chart" means a photograph or photographs, taken subject to the guidelines of the Planning
Director or Hearings Body, 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 sun chart 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
A. Includes:
1. All or any part of the process of mining by removal of the overburden and extraction of
natural mineral deposits thereby exposed by any method including, open pit mining
operations, auger mining operations, processing, surface impacts of underground mining,
production of surface mining refuse and the construction of adjacent or off-site borrow pits,
except those constructed for access roads; and
2. Mining which involves more than 1,000 cubic yards of material or excavation prior to
mining of a surface area of more than one acre.
Chapter 18.04 (08/2008) 29
B. Does not include:
1. The construction of adjacent or off-site borrow pits which are used for access roads to the
surface mine;
2. Excavation and crushing of sand, gravel, clay, rock or other similar materials conducted by
a landowner, contractor or tenant on the landowner's property 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 and other on-site construction, or nonsurface impacts of underground mines;
and
3. Batching and blending of mineral and aggregate into asphaltic concrete or portland cement
concrete.
"Surface mining, minerals" means includes, but is not limited to, soil, select fill, coal, clay, stone,
sand, gravel, aggregate, pumice, cinders, metallic ore and any other inorganic solid excavated from
a natural deposit in the earth for commercial, industrial or construction use.
"Surface mining, operator" means any person or entity engaged in surface mining.
"Surface mining, processing" means processing includes crushing, washing, milling and screening
as well as batching and blending of mineral aggregate into asphaltic concrete and portland cement
concrete. (NOTE: Processing of mineral and aggregate material into secondary products, such as
building materials, is allowed in industrial zones and may be sited as part of a limited use
combining zone in conformance with all plan amendment and zone change requirements of the
County comprehensive plan and zoning ordinance.)
"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 member-ship, 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 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 18.04.030(A) “Time share unit,” 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.
“Town home” as applied in the La Pine Neighborhood Planning Area means a single-family
dwelling with common walls on one or both side lot lines and continuous front facades. Alleys, to
the rear of the building, provide parking and service access.
“Townhome,” for purposes of DCC 18.108.055, is a multi-story residential fee simple dwelling unit
designed for occupancy for one family that shares a common wall with another building.
"Tract" as used in DCC 18.16, 18.36 and 18.40, means one or more contiguous lots or parcels in the
same ownership. A tract shall not be considered to consist of less than the required acreage because
it is crossed by a public road or waterway.
"Trailer" means any portable unit designed and built to be towed on its own chassis, comprised of
frame and wheels and which does not fall within the definitions of vacation trailer, manufactured
Chapter 18.04 (08/2008) 30
home or prefabricated house. Includes boat trailers, bunk trailers, portable schoolrooms and
industrial, commercial or public offices and accessory uses.
"Trailer park" means an area of land upon which two or more travel trailers occupied for dwelling
or sleeping purposes are located, the primary purpose of which is to rent space or keep space for
rent.
"Trailer, travel" means see "vacation trailer."
"Transit facility" means improvements at selected points along transit routes for passenger pick-up,
drop-off and waiting. Facilities and improvements may include shelters, benches, signs and
structures and other improvements to provide security, protection from the weather and access to
nearby services.
"Transit route" means an existing or planned route for public service in the local or regional
transportation plan.
"Transmission facility" means the conductors, lines, poles, towers, structures, corridors and
construction staging and assembly areas necessary for or associated with the transmission of
electricity from a hydroelectric facility for distribution.
"Traveler's accommodations" means any establishment having rooms or apartments rented or kept
for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for
rental or use of facilities.
Tree (Repealed Ord. 91-020, 1991)
"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 Deschutes County Comprehensive
Plan.
"Unincorporated Community" means an unincorporated community having a zoning designation
under DCC Title 18 of Urban Unincorporated Community, Rural Service Center (designated under
OAR chapter 660 division 22 and otherwise), Resort Community or Rural Community.
"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, telecommunications facilities, 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. This definition shall not include wireless
telecommunication facilities where such facilities are listed as a separate use in a zone.
"Variance" means an authorization for the construction or maintenance of a building or structure, or
for the establishment or maintenance of a use of land, which is prohibited by a zoning ordinance.
A. "Area variance" means a variance which does not concern a prohibited use. Usually granted to
construct, alter or use a structure for a permitted use in a manner other than that prescribed by
the zoning ordinance.
Chapter 18.04 (08/2008) 31
B. "Use variance" means a variance which permits a use of land other than that prescribed by the
zoning or other applicable ordinances.
"Veterinary clinic" means a place where animals or pets are given medical attention and cared for
during the time of such treatment.
Vision Clearance Area (Repealed by Ord. 91-038, 1991)
"Visitor-Oriented Accommodations" with respect to destination resorts, means overnight lodging,
restaurants and meeting facilities designed to provide for the needs of visitors rather than residents.
"Walkway" means a structure that is built over or floats upon the waters of a lake, river or stream
and that provides access to a boat dock or pier.
"Wetland" means an area that is inundated or saturated by surface or ground water at a frequency or
duration sufficient to support, and that under normal circumstances does 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.
“Wireless telecommunications facility” means an unstaffed facility for the transmission or reception
of radio frequency (RF) signals usually consisting of an equipment shelter, cabinet or other enclosed
structure containing electronic equipment, a support structure such as a self-supporting monopole or
lattice tower, antennas, microwave dishes or other transmission and reception devices. This
definition includes “personal wireless services facilities” as defined under the Telecommunications
Act of 1996.
"Yard" means an open space on a lot which is unobstructed from the ground upward except as
otherwise provided in DCC Title 18.
"Yard, front" means a yard between side lot lines measured horizontally at right angles to the front
lot line from the front lot line to the nearest point of a building. Any yard meeting this definition
and adjoining on a street other than an alley shall be considered a front yard.
"Yard, rear" means a yard between side lot lines measured horizontally at right angles from the rear
lot line to the nearest point of a building.
"Yard, side" means a yard between the front and rear yard measured horizontally at right angles
from the side lot lines to the nearest point of a building.
"Yard, street side" means a yard adjacent to a street between the front yard and rear lot line
measured horizontally and at right angles from the side lot line to the nearest point of a building.
“Yurt” means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing,
sewage disposal hook-up or internal cooking appliance.
"Zero lot line" means the location of a building on a lot or parcel in such a manner that one or more
of the building's sides coincide with a lot line.
Chapter 18.04 (08/2008) 32
(Ord. 2008-007 §1, 2008; Ord. 2008-015 §1, 2008; Ord. 2007-005 §1, 2007; Ord. 2007-020 §1,
2007; Ord. 2007-019 §1, 2007; Ord. 2006-008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. 2004-024
§1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-
044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-
017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2,
1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1, 1995; Ord. 94-053 §1, 1994;
Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994;
Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-043 §§1, 1A and 1B, 1993; Ord. 93-038 §1, 1993; Ord.
93-005 §§1 and 2, 1993; Ord. 93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1
and 2, 1992; Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 §§1 and 2, 1992; Ord.
91-038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord.
90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88-050 §3, 1988; Ord. 88-030
§3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 §2, 1986; Ord. 86-054 §1,
1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984;
Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982)
Chapter 18.04 (08/2008) 33