HomeMy WebLinkAboutOrdinances - Housekeeping Code AmendmentsCommunity Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes,or.us/cdd/
MEMORANDUM
DATE: March 29, 2012
TO: Board of County Commissioners
FROM: Paul Blikstad, Senior Planner
RE: Housekeeping amendments to the Deschutes County Code; File no. TA -12-2
I was assigned the task of updating our code for several housekeeping amendments to the
code. Specifically, there have been changes to state law for the Exclusive Farm Use and Forest
Use zones. We have updated these chapters of Title 18 to be in conformance with changes
made at the state level to the statutes and administrative rules.
Additionally, we have other changes that need to be made. These include:
• Adding a definition of "room and board arrangement."
• Establishing a provision for a solar setback variance.
• Amending the code for medical hardship dwellings to expand upon who constitutes a
"relative."
• Very minor change to the definitions of residential facility and residential home.
• Amending the addressing chapter to reflect the Redmond Fire and Rescue addressing
protocol.
• Deleting (repealing) Chapter 2,28 of the code, the Deschutes Basin Resource
Committee.
• Amending the definition of "property line adjustment."
I have scheduled a work session for Wednesday, March 11th, and a public hearing for the
proposed amendments for Monday, March 23rd.
Please contact me at your convenience if you have any questions.
Quality Services Performed with Pride
Housekeeping Code Changes — CDD Initiated
Title 18 Changes
Miscellaneous Title 18 changes
Proposed Change
Reason for Change
Effect
Add definition of "Room and
Board Arrangement" in
18.04.030. Staff notes that
we have received comments
from DLCD indicating we do
not need to be as strict as the
language that was proposed
in the Board's decision on CU-
10-2, a conditional use for
room and board arrangements
in the EFU zone.
Establish this definition to
have the County code be
consistent with the Board's
decision on CU -10-2, or in the
alternative, allow for any
overnight stay in the EFU
zone (i.e. it doesn't have to be
a minimum 30 -day stay).
DLCD staff has submitted into
the record comments
indicating they are fine with
the County using the room
and board arrangements
provision essentially for bed
and breakfast inns.
The change will provide a
definition of room and board
arrangements, listed in the
EFU zone as a conditional
use. Given the limitations on
no more than 4 rooms, and
DLCD comments, staff
believes that "room and board
arrangements" can be used
as a substitute for bed and
breakfast inns. Staff believes
that having a 30 -day minimum
stay requirement will prevent
most, if not all, "room and
board arrangements" from
becoming a reality.
Add provision for a solar
setback variance under
18.116.180, Building Setbacks
for the Protection of Solar
Access.
Staff believes there are
instances where a solar
variance is appropriate, and
there is no current provision to
allow them.
This provision will provide
greater flexibility to allow solar
variances, which will require
concurrence from the
person/owner most affected
by the variance.
Amend the provision for a
medical hardship dwelling to
allow a broader range of what
family members constitute a
"relative."
Currently we have two
different references for who
constitutes a "relative" for
medical hardship dwelling
purposes. Staff prefers that
we make them exactly the
same (EFU zone and all other
zones).
The change will make the
references in DCC
18.116.090(C) and
18.16.050(H) for a "relative"
consistent with each other.
Amend Chapters 18.36 and
18.40 (Forest Use Zones) to
be consistent with OAR 660
Chapter 006.
A few minor changes to these
chapters are necessary. Add
two uses that are in OAR's:
Permanent facility for the
primary processing of forest
products, and firearms training
facility.
The changes proposed will
make our forest zones
consistent with the OAR's for
forest zoned land.
Change the reference in the
definitions of 'residential
facility" and "residential home"
to a generic "State of Oregon"
in case the state changes the
name of DHS in the future.
This very minor change will
allow us to leave the language
as is, should the state change
which agency handles
licensing of these facilities.
No effects of any substance.
Exclusive Farm Use Zone Changes
Amend the provision/use in
Chapter 18.16 for churches to
be consistent with RLUIPA,
and Oregon Administrative
Rules (OAR) Chapter 660
Division 033.
The DCC needs to be
consistent with RLUIPA and
OAR Chapter 660 Division 33.
Churches proposed within 3
miles of an urban growth
boundary that have an
enclosed structure with a
design capacity of 100 or less
people will not require a goal
exception.
Amend the code to allow
temporary workforce housing
for power generation facilities.
(DCC 18.16.040, Limitations
on Conditional Uses)
DLCD amended OAR 660-
033-0130 to provide for
temporary workforce housing
for construction workers at
new energy generation
facilities.
The proposed changes will be
consistent with the OAR
changes and allow workforce
housing on a temporary basis.
Amend the Guest Ranch
listing in 18.16.037 to
incorporate HB 2753, and
extend the sunset clause to
January 2, 2018.
House Bill 2753 established
additional restrictions on
where guest ranches could be
located and extended the
sunset clause for the guest
ranch use to January 2, 2018.
The changes will allow our
code to be consistent with HB
2753 (State Law).
Amend the subsections that
allow farm -related dwellings to
incorporate HB 3290, which
slightly changes how farm
income can be determined.
House Bill 3290 was adopted
and becomes effective in
2012. Our code will then be
consistent with State law.
The change adds the wording
"based on the average farm
revenue earned on the tract in
the highest three of the last
five years."
Add wind power generation
facilities, and photovoltaic
solar power generation
facilities as uses under the
conditional use permit section
(18.16.030).
Wind power generation
facilities and photovoltaic
solar power generation
facilities have been added to
the list of uses potentially
allowed in the EFU zones
under OAR 660-033-0120.
Adding these two uses will
make our code consistent with
the OAR provisions.
Amend the income test
standard for "farm" dwellings
by adding language adopted
through HB 3290.
This bill changed the income
test for "farm" dwellings to add
the following: "Based on the
average farm (income)
revenue earned on the tract in
the (best) highest three of the
last five years."
This provision gives
somewhat more flexibility for
obtaining approval of a "farm -
related" dwelling.
Miscellaneous Code Changes:
Amend DCC Chapter 16.12,
Addressing, to have our
Redmond Fire and Rescue
has a 4 -digit address system,
The address code changes
will allow the code to be
address code be consistent
as well as a different grid
consistent with the addressing
with addressing for Redmond
system than the rest of the
system and numbering for
Fire and Rescue, which is
county. Additionally, for east-
Redmond Fire and Rescue.
different than the rest of the
west oriented roads, the
County.
numbering system is different
than the rest of the county.
Delete Chapter 2.48 of Title 2
The Deschutes Basin
This will delete the code
of the Deschutes County
Resource Committee no
language which established
Code, Administration. This
longer exists, and has not
the DBRC in 1986 as part of
chapter established the
existed for at least 7 years.
the Deschutes River Study.
Deschutes Basin Resource
Staff believes that this chapter
Committee.
is no longer necessary.
Amend the definition of
Our code does not match the
The change will make our
"Property Line Adjustment" in
language in ORS Chapter 92
code consistent with the
DCC 17.08.030 to make it
consistent with ORS
for a property line adjustment.
Staff believes our code needs
definition in ORS 92.010(12),
which we are currently using.
92.010(12).
to be consistent with State
Law.
"Room and board arrangement" means an owner occupied single -family dwelling unit where
lodging and meals are provided, in which no more than four guest rooms are provided for no more
than five unrelated guests. (A guest shall not rent for a time period of less than 30 days.)
18.116.180. Building Setbacks for the Protection of Solar Access.
A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as practical during the
winter solar heating hours to existing or potential buildings by requiring all new structures, excepting
lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030
"lot width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community —
La Pine, to be constructed as far south on their lots as is necessary and feasible.
B. Standards. Every new structure or addition to an existing structure, excepting lots less than 10,000
square feet in size or under 80-feet average width, as defined by DCC 17.08.030 "lot width," and
located in the Neighborhood Planning Area of the Urban Unincorporated Community — La Pine, shall
meet the following standards for a solar setback from the north lot line, except as provided in
DCC 18.116.180(B)(3):
I. South Wall Protection Standard. The south wall protection standard is based on an eight-foot solar
fence on the subject property's north lot line which allows solar radiation on a neighboring
building's south wall above two feet from the ground, assuming a 20-foot setback from the common
property line to the neighboring building. Solar setbacks for the south wall protection standards can
be calculated with the diagram in Appendix A-1 or estimated with the table in Appendix A-2. Final
determination of solar setback distance is made by entering the following variables into the
Deschutes County Shadow Length computer program:
a. Pole height;
b. The eight-foot fence height;
c. The scale of the plot plan submitted in feet per inch; and
d. Degrees of slope of the land from east to west and from north to south.
e. If a setback meeting this requirement is not feasible due to physical constraints of the lot,
including, but not limited to, rock outcroppings, septic systems, existing legal restrictions or lot
dimensions, as determined by the Planning Director or Hearings Body, then the structure or
addition must be located as far to the south on the lot as feasible and must meet the standard set
forth in DCC 18.116.180(B)(2).
2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot solar
fence on the subject property's north lot line which allows for solar radiation on a neighboring
building above eight feet from ground level and assuming a 20 foot setback from the common
boundary line to the neighboring building. Solar setbacks for this standard can be calculated using
the diagram in Appendix B-1 or estimated using the table in Appendix B-2. Final determination of
the setback will be made using the Shadow Length computer program by specifying a 14-foot solar
fence and additional site specific information as listed in DCC 18.116.180(B)(1).
3. Exceptions. The south roof protection standard shall not apply only if the applicant establishes:
a. That the structure cannot be located on the lot without violating the requirements contained in
Appendix B; and
b. That the structure is built with its highest point as far to the south as feasible; and
1) That the structure is a single family residence with a highest point less than or equal to 16
feet high; or, if not a single family residence;
2) That it is a permitted or conditional use for the lot.
4. Exemptions.
a. The governing body may exempt from the provision of DCC 18.116.180 any area where it is
determined that solar uses are not feasible because the area is already substantially shaded due
to heavy vegetation, steep north facing slopes, and any area or zones in which taller buildings
are planned.
b. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC
18.116.180 if the structure will shade only a protected area in which solar uses are not feasible
because the protected area is already substantially shaded at the time a request for exemption is
made and approved by the Planning Director or Hearings Body.
c. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC
18.1 16.180 if the structure is in conformance with a solar height restriction as provided in DCC
Title 17, the Subdivision/Partition Ordinance, as amended.
5. Variances.
a. The Plannin. Director or Hearin s Bod ma authorize a variance fivm the r •u rements of
e
DCC 18.116.180. A variance may be granted unqualifiedly or may be granted subject to
prescribed conditions provided that the Planning Director or Hearings Body shall make all of
the following findings:
i. The variance does not preclude the reasonable use of solar energy or insolation by future
buildings on the property to be shaded'
ii. The variance does not diminish any solar access which benefits a habitable structure on
adjacent lot or parcel.
b. The owner or owners of all property to be shaded shall sign and record with the County Clerk a
release form supplied by the County, which contains the following information:
i. The notarized signatures of all owners or registered leaseholders who hold an interest in the
property being shaded;
ii. A statement that the solar access provided in DCC 18.116.180 is waived for that particular
structure and the Coun is held harmless for an dama es resultin• from the waiver.
iii. A statement that the waiver applies only to the specific building or buildings to which the
waiver is granted; and
iv. A description and drawing of the shading which would occur.
(Ord. 2012-007 §2, 2012; Ord. 2006-035 §2, 2006; Ord. 2004-013 §12, 2004; Ord. 91-038 §1, 1991; Ord.
91-020 §1, 1991; Ord. 83-037 §3, 1983)
18.116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for
Medical Condition.
A. A temporary use permit for one manufactured home of any class or one recreational vehicle on a lot or
parcel in addition to an existing dwelling may be granted when a medical condition exists.
B. The person with a medical condition must be either one of the property owners or a relative of one of
the property owners.
C. For the purposes of this section, a relative is defined as a grandparent, step -grandparent grandchild
parent, step-parent child, step -child, brother, Of sister, sibling, step -sibling either blood or legal
relationship, niece, nephew uncle, aunt or first cousin.
D. Such medical condition must be verified by a doctor's written statement, which shall accompany the
permit application.
E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC
18.116.090.
F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and disconnected
from any electric, water or sewer facility connection for which a permit has been issued not later than 90
days following the date the medical condition requiring the temporary use permit ceases to exist.
G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and shall meet
the minimum setbacks for the zone in which it is located.
H. The applicant shall obtain all necessary pennits from the County Building and Environmental Health
Divisions prior to initiating the use.
(Ord. 2012-007 § 2, 2012; Ord. 2008-022 § 2, 2008; Ord. 91-005 §45, 1991; Ord. 89-004 §5, 1989)
Chapter 18.36. FOREST USE ZONE - F-1
18.36.010. Purpose.
18.36.020. Uses Permitted Outright.
18.36.030. Conditional Uses Permitted.
18.36.040. Limitations on Conditional Uses.
18.36.050. Standards for Single -Family Dwellings.
18.36.060. Siting of Dwellings and Structures.
18.36.070. Fire Siting Standards for Dwellings and Structures.
18.36.080. Fire Safety Design Standards for Roads.
18.36.085. Stocking Requirement.
18.36.090. Dimensional Standards.
18.36.100. Yards and Setbacks.
18.36.110. Stream Setbacks.
18.36.120. State Law Controls.
18.36.130. Rimrock Setbacks.
18.36.140. Restrictive Covenants.
18.36.010. Purpose.
The purpose of the Forest Use Zone is to conserve forest lands.
(Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991)
18.36.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set
forth in DCC 18.36 and any other applicable provisions of DCC Title 18.
A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal
of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on-site structures, whieh that are auxiliary to and used during the term of a particular forest
operation sub'ect to the Forest Practices Act ORS Cha ter 527 and Goal 4. As used here, temporary
structures are those which are portable and/or not placed on a permanent foundation, and which are
removed at the conclusion of the forest operation requiring its use. For the purposes of this section,
including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land, which
that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary
structure is located on site, temporary in nature, and is not designed to remain for the forest's entire
growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice
has concluded.
C. Physical alterations to .: the land auxiliary to forest practices including, but not limited
to, those made for purposes of exploration, mining, commercial gravel extraction and processing,
landfills, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act
(ORS Chapter 527) and Goal 8. Gravel extraction and processing not covered by DCC 18.36.020 is
governed by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment whieh
that provides service hookups, including water service hookups.
Chapter 18.36 1 (04/2012)
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest operation
requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element of the
comprehensive plan including public road and highway projects as described in ORS 215.2830) (k)
through (n).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use within three
months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons
that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use
decision" as defined in ORS 197.01500) or subject to review under OAR 660-006.
(Ord. 2003-007 §I, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991; Ord. 91-002
§8, 1991)
18.36.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18.
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring its use.
D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
E. Log scaling and weigh stations.
F. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit
under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
G. Private parks and campgrounds. Campgrounds in private parks shall only be those allowed by OAR
660-006-0025. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be
allowed within three miles of an urban growth boundary unless an exception is approved pursuant to
ORS 197.732 and OAR Chapter 660, Division 4. For the purpose of DCC 18.36.030 a campground is
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
natural amenity that is accessible for recreational use by the occupants of the campground. A
campground shall be designed and integrated into the rural agricultural and forest environment in a
manner that protects the natural amenities of the site and provides buffers of existing native trees and
vegetation or other natural features between campsites. A Campingsites may be occupied by a tent,
travel trailer or recreational vehicle. Separate sewer, water or electric service hookups shall not be
provided to individual campsites except that electrical service may be provided to yurts allowed for by
OAR 660-006-0025(4)(e)(C). Campgrounds shall not include intensively developed recreational uses
Chapter 18.36 2 (04/2012)
such as swimming pools, tennis courts, retail stores or gas stations. 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.
A .rivate cam .•round ma ovide urts for overnight canning. No more than one-third or a
maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the
ground or on a wood floor with no permanent foundation. As used in this rule, "ymt" means a round
domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or
internal cooking appliance.
H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not
otherwise permitted under DCC 18.36.030(D).
I. Television, microwave and radio communication facilities and transmission towers.
J. Fire stations for rural fire protection.
K. Commercial Uutility facilities for the purpose of generating power. A power generation facility shall
not preclude more than 10 acres from use as a commercial forest operation unless an exception is taken
pursuant to Oregon Administrative Rules 660, Division 4.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. electrical, gas, oil, geothermal telephone, fiber optic cable) with rights of
way 50 feet or less in width.
Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
R. Type-2-er—a Home Occupations, subject to DCC 18.116.280.
S. Expansion of existing airports.
T. Public road and highway projects as described as ORS 215.283(2) (p) through (r) and 215.283(3).
U. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections
of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sates are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one-quarter mile of fish bearing Class I Type F waters.
V. Forest management research and experimentation facilities as defined described by ORS 526.215 or
where accessory to forest operations.
W. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270.
X. A manufactured home in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative as defined in ORS 215.283. As used in this
section, "hardship" means a medical hardship or hardship for the care of an aged or infirm person or
persons. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.36.040
and 18.36.060 of this chapter. The manufactured home shall use the same subsurface sewage disposal
system used by the existing dwellings if that disposal system is adequate to accommodate the additional
dwelling. If the manufactured dwelling will use a public sanitary sewer system, such condition will not
be required. A temporary residence approved under this subsection is not eligible for replacement
under OAR 660-006-025 94).
Y. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, as pursuant to DCC
18.36.050.
Chapter 18.36 3 (04/2012)
Z. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever
is applicable.
AA. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big
game hunting seasons authorized by the Oregon Fish and Wildlife Commission.
BB. Any outdoor mass gathering subject to review by a county planning commission under the provisions
of ORS 433.763. These gatherings are those of more than 3,000 persons which that continue or can
reasonably be expected to continue for more than 120 hours within any three-month period and any part
of which is held in open spaces.
CC. Permanent storage and repair of logging equipment.
DD. Permanent facility for the primary processing of forest products.
EE. Firearms training facility.
(Ord. 2012-020 §3, 2012; Ord. 2007-020 §3, 2007; Ord. 2004-002 §5, 2004; Ord. 2000-033 §1, 2000; Ord.
94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28,
1990; Ord. 86-018 §8, 1986)
18.36.040. Limitations on Conditional Uses.
A use authorized by DCC 18.36.030 must meet the following requirements. These requirements are
designed to make the use compatible with forest operations and agriculture and to conserve values found on
forest lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agricultural or forest lands.
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression
costs or significantly increase risks to fire suppression personnel.
C. Prior to final approval of any the uses listed in DCC 18.36.030(G, N, R, U, X) , the land owner shall
sign and record in the County Clerk's office a written statement recognizing the rights of adjacent and
nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules.
(Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991)
18.36.050. Standards for Single -Family Dwellings.
A. General provisions.
I. Dwellings listed as a conditional use under DCC 18.36.050 shall meet the following standards:
a. One of the alternative tests set out in DCC 18.36.050(B) (lot of record dwelling), (C) (large
tract dwelling), or (D) (template dwelling);
b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract
shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the
County Clerk covenants, conditions and restrictions (on a form substantially similar to that set
forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the
tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by the County Planning Director, or his authorized representative.
c. No other dwellings shall be located on the tract.
d. The applicant shall provide evidence that any domestic water supply is from a source
authorized in accordance with the Department of Water Resources Oregon Administrative
Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or
Chapter 18.36 4 (04/2012)
surface water (Oregon Administrative Rules 690, Division 20) and not from a Class II stream as
defined in the Forest Practices Rule (Oregon Administrative Rules chapter 629 24 101(3)).
For purposes of DCC 18.36.050, evidence of a domestic water supply means:
i. Verification from a water purveyor that the use described in the application will be served
by the purveyor under the purveyor's rights to appropriate water; or
ii. A water use permit issued by the Water Resources Department for the use described in the
application; or
iii. Verification from the Water Resources Department that a water use permit is not required
for the use described in the application. If the proposed water supply is from a well and is
exempt from permitting requirements under ORS 537.545, the applicant shall submit the
well construction report to the County upon completion of the well.
e. If road access to a dwelling is by a road owned and maintained by a private party or by the
Oregon Department of Forestry, the Bureau of Land Management or the U.S. Forest Service,
then the applicant shall provide proof of a long-term road access use permit or agreement. The
road use permit may require the applicant to agree to accept responsibility for road
maintenance.
2. In addition, dwellings listed as a conditional use under DCC 18.36.030(Y) shall be subject to the
following standards or conditions:
a. The conditional use standards set forth in DCC 18.36.040;
b. The siting criteria set forth in DCC 18.36.060;
c. The fire siting standards set forth in DCC 18.36.070;
d. The fire safety design standards for roads set forth in DCC 18.36.080;
e. The stocking requirements set forth in DCC 18.36.085, if applicable; and
f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan.
3. Dwellings in forest zones shall not be subject to conditional use standards.
4. A. 'royal of a dwellin in the forest zone under DCC 18.36 shall include a condition of a. roval
a document bind
re .0
rt
that the landowner si
•
and record in the deed records for the Coun
the landowner and the landowner's successors
in interest
rohibitin them from ursuin
a claim
for relief or cause of action alleging injury from fanning or forestry practices for which no action or
claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.36.050(B), a single-family dwelling shall meet
the following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1,
1985 and was acquired and owned continuously by the present owner either prior to January 1,
1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to
January I, 1985.
For the purposes of DCC 18.36.050(B), "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, grandparent or grandchild of the
owner or a business entity owned by any one or combination of these family members.
2. The dwelling would must be located on a tract that is composed of soils not capable of producing
4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public
road as defined under ORS 368.001 that provides or will provide access to the subject tract. The
road shall be maintained and either paved or surfaced with rock and shall not be a Bureau of Land
Management (BLM) road, or a United States Forest Service road unless the road is paved to a
minimum width of 18 feet, there is at least one defined lane in each direction, and a maintenance
agreement exists between the United States Forest Service and landowners adjacent to the road, a
local government or a state agency.
For the purposes of DCC 18.36.050, "public roads" are those roads in which the public has a right
of use that is a matter of public record.
Chapter 18.36 5 (04/2012)
For the purposes of DCC 18.36.050, "commercial tree species" means trees recognized for
commercial production under administrative rules adopted by the Oregon Department of Forestry
pursuant to under ORS 527.715
3. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no
dwellings exists on another lot or parcel that was part of the tract.
4. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
35 For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable density
restrictions of DCC 18.88.
C. Large Tract Dwelling. For approval of a single-family dwelling under DCC 18.36.050(C), the subject
property shall consist of at least 240 contiguous acres or 320 acres in one ownership that are not
contiguous but are in the same county or adjacent counties and zoned for forest use. A deed restriction
shall be filed pursuant to DCC 18.36.140 for all tracts that are used to meet the acreage requirements of
this subsection. A tract shall not be considered to consist of less than 240 acres because it is crossed by
a public road or a waterway.
D. Template Dwelling. For approval under DCC 18.36.050(D), a single-family dwelling shall meet the
following requirements:
1. The lot or parcel is predominantly composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:
i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three ether dwellings existed on January 1, 1993, and continue to exist on the other
lots or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
d. Lots or parcels within urban growth boundaries shall not be used to satisfy the template
requirements under this subsection.
2. Requirements of Applying Template
a. If a tract 60 acres or larger described in DCC 18.36.050(D) abuts a road or perennial stream, the
measurement shall be made by using a 160 -acre rectangle that is one mile long and one-fourth
mile wide centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream.
b. If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings shall be on the same side of the road as the proposed dwelling. However,
one of the three required dwellings shall be on the same side of the road or stream as the tract
and:
i. Be located within a 160 -acre rectangle that is one mile long and one-fourth mile wide
centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream;
ii. Be within one-quarter mile from the edge of the subject tract but not outside the length of
the 160 -acre rectangle, and on the same side of the road or stream as the tract.
Chapter 18.36 6 (04/2012)
c. If a tract reviewed under DCC 18.36.050(D) abuts a road that existed on January 1, 1993, the
measurement may be made by creating a 160 -acre rectangle that is one mile long and
one-fourth mile wide centered on the center of the subject tract and that is to the maximum
extent possible, aligned with the road.
(Ord. 2003-007 §I, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991)
18.36.060. Siting of Dwellings and Structures.
All new dwellings and structures approved pursuant to DCC 18.36.030 or permitted under DCC 18.36.020
shall be sited in accordance with DCC 18.36.060 and DCC 18.36.070. These criteria are designed to make
such uses compatible with forest operations and agriculture, to minimize wildfire hazards and risks and to
conserve values found on forest lands. These criteria shall include the following: Relevant-physieal-and
leeatienal-faeters-including; b. . - .:ography, prevailing winds, access, surrounding land use
a demcsti
A. Has the least impact on nearby or adjoining adjacent lands zoned for forest or agricultural lands use;
13. Ensures that adverse impacts on forest operations and accepted farming practices on the tract will net be
minimized eu+4ailed er impeded;
C. Minimizes the amount of forest lands used to site for the dwelling and structures building -site, road
access and service corridors; and
D. Consistent with the applicable provisions of DCC 18.36.070, minimizes the risks associated with
wildfire; and:
E. Siting criteria satisfying the above may include setbacks from adjoining properties, clustering near or
amon existin • structures sitin close to existin roads and sitin_ on that .ortion of the parcel least
suited for growing trees.
(Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992)
18.36.070. Fire Siting Standards for Dwellings and Structures.
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses), except as otherwise noted:
A. Access
1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire
protection or is required under DCC 18.36.070, then road access to within 15 feet of the water's
edge shall be provided for pumping units. The road access shall be constructed and maintained to
accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs
shall be posted along the access route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described in DCC
18.36.080.
13. Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
1. Primary Firebreak. Prior to use, a primary firebreak, not Less than 10 feet wide, shall be constructed
containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders
or other similar materials.
2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the
primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental
shrubbery or individual or groups of trees separated by a distance equal to the diameter of the
crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed.
3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions
around the secondary firebreak. Individual and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet,
Chapter 18.36 7 (04/2012)
whichever is greater. Small trees and brush growing underneath larger trees shall be removed to
prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the
beginning of the coming fire season.
4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a
stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper
than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope
greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing
shall obtain an address from the County address coordinator and shall display that number in a location
of the property that is clearly visible from the road used as the basis for numbering. The numbers shall
not be Less than three inches in height, shall be painted in a contrasting or visible color and shall comply
with all other applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This
means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof
sprinklers are not an acceptable alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing
shall be located upon a parcel for which fire protection services are available or where alternative
protective measures are authorized by DCC 18.36.070(F).
1. For the purposes of DCC 18.36.070 fire protection services are available if the parcel is located
within the boundaries of a fire protection district or residential fire protection service is provided by
contract, as evidenced by a written, signed contract.
2. If the dwelling or structure is not within a fire protection district, the applicant shall provide
evidence that the applicant has asked to be included in the nearest such district.
3. If the parcel is not located within a fire protection district and it is determined, following application
for inclusion within the nearest such district, that inclusion in the district would be impracticable,
alternative means of fire protection shall be allowed, consistent with the following standards:
a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For
caretaker residences or single-family residences, such a sprinkler system shall be installed to the
minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in
One and Two -Family Dwellings."
b. The dwelling shall have on-site water storage capability from a swimming pool, pond, lake, or
similar water body of at least 4,000 gallons or a stream having a continuous year round flow of
at least one cubic foot per second. The applicant shall provide verification from the Water
Resources Department that any permits or registrations required for water diversions have been
obtained or that such permits or registrations are not required under state law for the use.
(Ord. 2004-013 §3, 2004; Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992)
18.36.080. Fire safety Design Standards for Roads.
The following standards apply to all roads and driveways, except for private roads accessing only
commercial forest uses, which access uses permitted under DCC 18.36.020 or approved under DCC
18.36.030.
A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle
weight (GVW) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or
driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a
Professional Engineer, registered in Oregon.
Chapter 18.36 8 (04/2012)
B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an
unobstructed vertical clearance of not less than 13.5 feet, and provide an all-weather surface.
C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be
maintained for turning of fire fighting equipment.
D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches.
Variations from these standards may be granted by the fire service having responsibility for the area
when topographic conditions make these standards impractical and where the local fire protection
district states their fire fighting equipment can negotiate the proposed road grade.
(Ord. 92-025 §2, 1992)
18.36.085. Stocking Requirement.
All dwellings approved under DCC 18.36.050 shall be subject to the provisions of DCC 18.36.085.
A. Stocking Requirement.
I. Dwellings approved under DCC 18.36.050 shall include a condition requiring the owner to plant a
sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet
Department of Forestry stocking requirements specified in Department of Forestry administrative
rules in force at the time the approval is granted.
2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to
the county assessor and the assessor will verify that the minimum stocking requirements have been
met by the time required by Department of Forestry rules.
B. Reporting Requirements.
1. The Planning Director or his designee shall notify the County Assessor of any stocking requirement
condition at the time the dwelling is approved.
2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor
shall verify that the minimum stocking requirements have been met by the time required under
Department of Forestry rules. The assessor shall inform the Department of Forestry in cases where
the property owner has not submitted a stocking report or where the survey report indicates that
minimum stocking requirements have not been met.
3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract
meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the
decision of the Department of Forestry. If the department determines that the tract does not meet
those requirements, the department shall notify the owner and the Assessor that the land is not being
managed as forest land. The assessor shall then remove the forest land designation pursuant to ORS
321.359.
The tax penalty imposed by the Assessor under DCC 18.36.085 shall be the only sanction for
failure to meet stocking requirements.
(Ord. 2003-007 §I, 2003; Ord. 94-038 §1, 1994)
Chapter 18.36 9 (04/2012)
18.36.090. Dimensional Standards.
In an F-1 Zone, the following dimensional standards shall apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC
18.36.030(D) through (0), provided that those uses have been approved pursuant to DCC 18.36.040.
Such division shall create a parcel that is the minimum size necessary for the use.
C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet
in height, except as approved under DCC 18.120.040.
(Ord. 94-038 §1, 1994; Ord. 92-055 §4, 1992; Ord. 92-025 §2, 1992; Ord. 83-037 §10, 1983)
18.36.100. Yards and Setbacks.
A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest
land shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 95-075 §1, 1995; Ord. 94-008 §18, 1994; Ord. 92-025 §2, 1992; Ord. 83-037 §11, 1983)
18.36.110. Stream Setbacks.
All sewage disposal installations such as vault toilets, septic tanks and drainfield systems shall be set baek
from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures shall be set
back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark.
(Ord. 92-025 §2, 1992)
18.36.120. State Law Controls.
Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.36
conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder,
state law shall control.
(Ord. 92-025 §2, 1992)
18.36.130. Rimrock Setbacks.
Setbacks from rimrock shall be as provided in DCC 18.116.160.
(Ord. 86-053 §8, 1986)
18.36.140. Restrictive Covenants.
Restrictive covenants required under DCC 18.36 shall substantially comply with the form set forth below:
"Declaration of Covenants, Conditions and Restrictions:
Whereas, the undersigned hereinafter referred to as "Declarant," is owner in fee
simple of the property described in Exhibit A attached hereto and incorporated by reference herein; and
Chapter 18.36 10 (04/2012)
Whereas, the Declarant desires to declare his/her intention to create certain covenants, conditions and
restrictions in order to effectuate and comply with the requirements of Oregon Administrative Rule
(OAR) 660-06-027;
Declarant hereby declares that all of the property described on Exhibit A shall be held, sold, and
conveyed subject to the following covenants, conditions and restrictions:
It is not lawful to use the property described in this instrument for the construction or siting of a
dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a
dwelling.
These covenants, conditions and restrictions can be removed only and at such time as the property
described herein is no longer protected under the statewide planning goals for agricultural and forest
lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions
may be removed, and the authorized representative of the County or counties in which the property
subject to these covenants, conditions and restrictions are located executes and records a release of the
covenants, conditions and restrictions created by this instrument.
ht witness whereof, the undersigned, being Declarant herein, has heretofore set their hand this
day of
(Ord. 94-038 § 1, 1994)
Chapter 18.36 11 (04/2012)
Chapter 18.40. FOREST USE ZONE - F-2
18.40.010. Purpose.
18.40.020. Uses Permitted Outright.
18.40.030. Conditional Uses Permitted.
18.40.040. Limitations on Conditional Uses.
18.40.050. Standards for Single -Family Dwellings.
18.40.060. Siting of Dwellings and Structures.
18.40.070. Fire Siting Standards for Dwellings and Structures.
18.40.080. Fire Safety Design Standards for Roads.
18.40.085. Stocking Requirement.
18.40.090. Dimensional Standards.
18.40.100. Yards and Setbacks.
18.40.110. Stream Setbacks.
18.40.120. State Law Controls.
18.40.130. Rimrock Setback.
18.40.010. Purpose.
The purpose of the Forest Use Zone is to conserve forest lands.
(Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set
forth in DCC 18.40 and any other applicable provisions of DCC Title 18:
A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal
of slash, subject to the Forest Practices Act (ORS Chapter 527 and Goal 4..
B. Temporary on-site structures that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 8. As used here, temporary
structures are those which are portable and/or not placed on a permanent foundation, and which are
removed at the conclusion of the forest operation requiring its use. For the purposes of this section,
including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land whist}
that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary
structure is located on site, temporary in nature, and is not designed to remain for the forest's entire
growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice
has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited
to, those made for purposes of exploration, mining, commercial gravel extraction and processing,
landfills, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act
(ORS Chapter 527 and Goal 8). Gravel extraction and processing not covered by DCC 18.40.020 is
governed by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment whisk}
that provides service hookups, including water service hookups.
Chapter 18.40 1 (04/2012)
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest operation
requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element of the
comprehensive plan including public road and highway projects as described in ORS 215.2830) (k)
through (n).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use within three
months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons
that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use
decision" as defined in ORS 197.01500) or subject to review under OAR 660-006.
(Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991; Ord. 91-005
§21, 1991; Ord. 91-002 §9, 1991)
18.40.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18:
A. Private hunting and fishing operations without any lodging accommodations.
13. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring it use.
D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and
other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40.
E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
F. Log scaling and weigh stations.
G. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit
under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
H. Private parks and campgrounds. Campgrounds in private parks shall only be those allowed by OAR
660-006-0025. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be
allowed within three miles of an urban growth boundary unless an exception is approved pursuant to
ORS 197.732 and OAR Chapter 660, Division 4. For the purpose of DCC 18.40.030, a campground is
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
natural amenity that is accessible for recreational use by the occupants of the campground. A
campground shall be designed and integrated into the rural agricultural and forest environment in a
manner that protects the natural amenities of the site and provides buffers of existing native trees and
vegetation or other natural features between campsites.. A Camping sites may be occupied by a tent,
travel trailer or recreational vehicle. Separate sewer, water or electric service hookups shall not be
provided to individual campsites except that electrical service may be provided to yurts allowed for by
Chapter 18.40 2 (04/2012)
OAR 660-006-0025(4)(e)(C). Campgrounds shall not include intensively developed recreational uses
such as swimming pools, tennis courts, retail stores or gas stations. 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.
A private campground may provide vurts for overnight camping. No more than one-third or a
maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the
ground or on a wood floor with no permanent foundation. As used in this rule, "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.
I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not
otherwise permitted under DCC 18.40.030(E).
J. Television, microwave and radio communication facilities and transmission towers.
K. Fire stations for rural fire protection.
L. Commercial utility facilities for the purpose of generating power. A power generation facility shall not
preclude more than 10 acres from use as a commercial forest operation unless an exception it taken
pursuant to Oregon Administrative Rules 660, Division 4.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
O. Reservoirs and water impoundments.
P. Cemeteries.
Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. gas, oil, geothermal, telephone, fiber optic cable) with rights of way 50 feet
or Tess in width.
R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
S. Type 2 or 3 Home Occupations, subject to DCC 18.116.280.
T. Expansion of existing airports.
U. Public road and highway projects as described as ORS 215.283(2) (p) through (r) and 215.283(3).
V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections
of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one-quarter mile of fish -bearing Typo F Class I waters.
W. Forest management research and experimentation facilities as defined described by ORS 526.215 or
where accessory to forest operations.
X. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, pursuant to DCC
18.40.050.
Y. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270.
Z. A manufactured home in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative as defined in ORS 215.283. As used in this
section, "hardship" means a medical hardship or hardship for the care of an aged or infirm person or
persons. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.40.040
and 18.40.60. The manufactured home shall use the same subsurface sewage disposal system used by
the existing dwellings if that disposal system is adequate to accommodate the additional dwelling. A
temporary residence approved under this subsection is not eligible for replacement under OAR 660-
006-025 (3)(p).
AA. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040,
whichever is applicable.
Chapter 18.40 3 (04/2012)
BB. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big
game hunting seasons authorized by the Oregon Fish and Wildlife Commission
CC. Any outdoor mass gathering subject to review by a county planning commission under the provisions
of ORS 433.763. These gatherings are those of more than 3,000 persons which that continue or can
reasonably be expected to continue for more than 120 hours within any three-month period and any part
of which is held in open spaces.
DD. Permanent storage and repair of logging equipment.
EE. Permanent facility for the primary processing of forest products.
FF. Firearms training facility.
(Ord. 2007-020 §4, 2007; Ord. 2004-002 §6, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord.
92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8,
1986)
18.40.040. Limitations on Conditional Uses.
A use authorized by DCC 18.40.030 must meet the following requirements. These requirements are
designed to make the use compatible with forest operations and agriculture and to conserve values found on
forest lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agriculture or forest lands;
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression
costs or significantly increase risks to fire suppression personnel.
C. Prior to final approval of any the uses listed in DCC 18.40.030(H, 0, S, V and Z), the landowner shall
sign and record in the County Clerk's office a written statement recognizing the rights of adjacent and
nearby landowners to conduct forest operations consistent with the Forest Practices Act and Rules.
(Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §I, 1991)
18.40.050. Standards for Single -Family Dwellings.
A. General Provisions.
I. Dwellings listed as a conditional use under DCC 18.40.030(X) shall meet the following standards:
a. One of the alternative tests set out in DCC 18.40.050(B) (lot of record dwelling), DCC
18.40.050(C) (large tract dwelling), or DCC 18.40.050(D) (template dwelling);
b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract
shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the
County Clerk covenants, conditions and restrictions (on a form substantially similar to that set
forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the
tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by the County Planning Director, or his authorized representative.
c. No other dwellings shall be located on the tract.
d. The applicant shall provide evidence that any domestic water supply is from a source
authorized in accordance with the Department of Water Resources Oregon Administrative
Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or
surface water (Oregon Administrative Rules 690, Division 20) and not from a Class II stream as
defined in the Forest Practices Rule (Oregon Administrative Rules Chapter 629 2' 101(3)).
For purposes of DCC 18.40.050, evidence of a domestic water supply means:
Chapter 18.40 4 (04/2012)
i. Verification from a water purveyor that the use described in the application will be served
by the purveyor under the purveyor's rights to appropriate water; or
ii. A water use permit issued by the Water Resources Department for the use described in the
application; or
iii. Verification from the Water Resources Department that a water use permit is not required
for the use described in the application. If the proposed water supply is from a well and is
exempt from permitting requirements under ORS 537.545, the applicant shall submit the
well construction report to the County upon completion of the well.
e. If road access to a dwelling is by a road owned and maintained by a private party or by the
Oregon Department of Forestry, the Bureau of Land Management or the U.S. Forest Service,
then the applicant shall provide proof of a long-term road access use permit or agreement. The
road use permit may require the applicant to agree to accept responsibility for road
maintenance.
2. In addition, dwellings listed as a conditional use under DCC 18.40.030(X) shall be subject to the
following standards or conditions:
a. The conditional use standards set forth in DCC 18.40.040;
b. The siting criteria set forth in DCC 18.40.060;
c. The fire siting standards set forth in DCC 18.40.070;
d. The fire safety design standards for roads set forth in DCC 18.40.080;
e. The stocking requirements set forth in DCC 18.40.085, if applicable; and
£ Any other provisions made applicable by DCC Title 18 or the comprehensive plan.
3. Dwellings in forest zones shall not be subject to conditional use standards.
4. Approval of a dwelling in the forest zone under DCC 18.40 shall include a condition of approval
requiring that the landowner sign and record in the deed records for the County a document binding
the landowner and the landowner's successors in interest, prohibiting them from pursuing a claim
for relief or cause of action alle in• in'ut from farmim or forest .ractices for which no action or
claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.40.050, a single -family dwelling shall meet the
following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1,
1985 and was acquired and owned continuously by the present owner either prior to January 1,
1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to
January 1, 1985.
For the purposes of DCC 18.40.050, "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in- law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the
owner or a business entity owned by any one or combination of these family members.
2. The dwelling would be located on a tract that is composed of soils not capable of producing 4,000
cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as
defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall
be maintained and either paved or surfaced with rock and shall not be a Bureau of Land
Management (BLM) road or a United States Forest Service road unless the road is paved to a
minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance
agreement exists between the United States Forest Service and landowners adjacent to the road, a
local government or a state agency.
For the purposes of DCC 18.40.050, "public roads" are those roads in which the public has a
right of use that is a matter of public record.
For the purposes of DCC 18.40.050, "commercial tree species" means trees recognized for
commercial production under e rules adopted by the Oregon Department of Forestry
pursuant to under ORS 527.715
Chapter 18.40
5
(04/2012)
3. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no
dwellings exists on another lot or parcel that was part of the tract.
4. When the lot or parcel on which the dwelling will be sited is part of a tract the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
53. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable density
restrictions of DCC 18.88.
C. Large Tract Dwelling. For approval of a single-family dwelling under DCC 18.40.050(C), the subject
property shall consist of at least 240 contiguous acres or 320 acres in one ownership that are not
contiguous but are in the same county or adjacent counties and zoned for forest use. A deed restriction
shall be filed .ursuant to DCC 18.40.140 for all tracts that are used to meet the acrea ere. uirements of
this subsection. A tract shall not be considered to consist of less than 240 acres because it is crossed by
a public road or a waterway.
D. Template Dwelling. For approval under DCC 18.40.050(D), a single-family dwelling shall meet the
following requirements:
1. The lot or parcel is predominantly composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:
i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three other dwellings existed on January 1, 1993, and continue to exist on the other
lots or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
d. Lots or parcels within urban growth boundaries shall not be used to satisfy the template
requirements under this subsection.
2. Requirements of Applying Template
a. If a tract 60 acres or larger described in DCC 18.40.050(D) abuts a road or perennial stream, the
measurement shall be made by using a 160 -acre rectangle that is one mile long and one-fourth
mile wide centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream.
b. If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings shall be on the same side of the road as the proposed dwelling. However,
one of the three required dwellings shall be on the same side of the road or stream as the tract,
and:
i. Be located within a 160 -acre rectangle that is one mile long and one-fourth mile wide
centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream;
ii. Be within one-quarter mile from the edge of the subject tract but not outside the length of
the 160 -acre rectangle, and on the same side of the road or stream as the tract.
c. If a tract reviewed under DCC 18.40.050(D) abuts a road that existed on January 1, 1993, the
measurement may be made by creating a 160 -acre rectangle that is one mile long and
one-fourth mile wide centered on the center of the subject tract and that is to the maximum
extent possible, aligned with the road.
Chapter 18.40 6 (04/2012)
(Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.060. Siting of Dwellings and Structures.
{ All new dwellings and structures approved pursuant to DCC 18.40.030 or permitted under DCC
18.40.020 shall be sited in accordance with DCC 18.40.060 and DCC 18.40.070. These criteria are
designed to make such uses compatible with forest operations and agriculture, to minimize wildfire
hazards and risks, and to conserve values found on forest lands. These criteria shall include the
following:
A-tt. Has the least impact on nearby or adjoining forest or agricultural lands use;
B2. Ensures that adverse impacts on forest operations and accepted farming practices on the tract will
net be minimized euriailed-e impeded;
C3. Minimizes the amount of forest lands used to site €er the dwelling and structures building site, road
access and service corridors; and
D4. Consistent with the applicable provisions of DCC 18.40.070, minimizes the risks associated with
wildfire, and;
E. Siting criteria satisfying the above may include setbacks from adjoining properties, clustering near
or among existing structures siting close to existing roads and siting on that portion of the parcel
least suited for growing trees.
B. The applicant shall provide evidence that the-demestie wateesupply, if any, is from a „ource authorized
ureses Oregon Administrative Rules for the
appropriation of ground wator (Oregon Administrative Rules 690, Division 10) or surface water
d -net from a Class II str m as defined in the Forest
Practiees-Rule (Oregon Administrative Rules 619 29 101(3). If the water supply is unavailable from
public ^o. -. • eea •- • c subject prepeftyrthen the applicant shall provide
evidence that a legal asem crmitting demestie-eater lines-te-dress-the-properties
. p.
(Ord. 2012-038 §2, 2012; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992)
18.40.070. Fire Siting Standards for Dwellings and Structures.
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses):
A. Access.
1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire
protection or is required under DCC 18.40.070, then road access to within 15 feet of the water's
edge shall be provided for pumping units. The road access shall be constructed and maintained to
accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs
shall be posted along the access route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described in DCC
18.40.080.
B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
1. Primary Firebreak. Prior to use, a primary firebreak, not Tess than 10 feet wide, shall be constructed
containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders
or other similar materials.
2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the
primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental
shrubbery or individual or groups of trees separated by a distance equal to the diameter of the
crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed.
Chapter 18.40 7 (04/2012)
3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions
around the secondary firebreak. Individual and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet,
whichever is greater. Small trees and brush growing underneath larger trees shall be removed to
prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the
beginning of the coming fire season.
4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a
stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper
than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope
greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing
shall obtain an address from the County address coordinator and shall display that number in a location
of the property that is clearly visible from the road used as the basis for numbering. The numbers shall
not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply
with all other applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This
means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof
sprinklers are not an acceptable alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing
shall be located upon a parcel for which fire protection services are available or where alternative
protective measures are authorized by DCC 18.40.070(F).
I. For the purposes of DCC 18.40.070 fire protection services are available if the parcel is located
within the boundaries of a fire protection district or residential fire protection service is provided by
contract, as evidenced by a written, signed contract.
2. If the dwelling or structure is not within a fire protection district, the applicant shall provide
evidence that the applicant has asked to be included in the nearest such district.
3. If the parcel is not located within a fire protection district and it is determined, following application
for inclusion within the nearest such district, that inclusion in the district would be impracticable,
alternative means of fire protection shall be allowed, consistent with the following standards:
a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For
caretaker residences or single-family residences, such a sprinkler system shall be installed to the
minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in
One and Two -Family Dwellings."
b. The dwelling shall have on-site water storage capability from a swimming pool, pond, lake, or
similar water body of at least 4,000 gallons or a stream having a continuous year round flow of
at least one cubic foot per second. The applicant shall provide verification from the Water
Resources Department that any permits or registrations required for water diversions have been
obtained or that such permits or registrations are not required under state law for the use.
(Ord. 2004-013 §4, 2004; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992)
18.40.080. Fire Safety Design Standards for Roads.
The following standards apply to all roads and driveways, except for private roads accessing only
commercial forest uses, which access uses permitted under DCC 18.40.020 or approved under DCC
18.40.030.
A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle
weight (GVW) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or
Chapter 18.40 8 (04/2012)
driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a
professional engineer registered in Oregon.
B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an
unobstructed vertical clearance of not Tess than 13.5 feet, and provide an all-weather surface.
C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be
maintained for turning of fire fighting equipment.
D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches.
Variations from these standards may be granted when topographic conditions make these standards
impractical and where the local fire protection district states their fire fighting equipment can negotiate
the proposed road grade.
(Ord. 92-025 §3, 1992)
18.40.085. Stocking Requirement.
All dwellings approved under DCC 18.40 shall be subject to the provisions of DCC 18.40.085.
A. Stocking Requirement.
I. Dwellings approved under DCC 18.40 shall include a condition requiring the owner to plant a
sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet
Department of Forestry stocking requirements specified in Department of Forestry administrative
rules (Oregon Administrative Rules 629 in force at the time the approval is granted.
2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to
the county assessor and the assessor will verify that the minimum stocking requirements have been
met by the time required by Department of Forestry rules.
B. Reporting Requirements.
1. The Planning Director or his designee shall notify the County Assessor of any stocking requirement
condition at the time the dwelling is approved.
2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor
shall verify that the minimum stocking requirements have been met by the time required under
Department of Forestry rules. The Assessor shall inform the Department of Forestry in cases where
the property owner has not submitted a stocking report or where the survey report indicates that
minimum stocking requirements have not been met.
3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract
meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the
decision of the Department of Forestry. If the department determines that the tract does not meet
those requirements, the department shall notify the owner and the assessor that the land is not being
managed as forest land. The Assessor shall then remove the forest land designation pursuant to
ORS 321.359.
The tax penalty imposed by the Assessor under DCC 18.40.085 shall be the only sanction for
failure to meet stocking requirements.
(Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994)
18.40.090. Dimensional Standards.
In an F-2 Zone, the following dimensional standards shall apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC
18.40.030(D) through (P), provided that those uses have been approved pursuant to DCC 18.40.040.
Such division shall create a parcel that is the minimum size necessary for the use.
C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet
in height, except as approved under DCC 18.120.040.
(Ord. 94-038 §2, 1994; Ord. 92-055 §5, 1992; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
Chapter 18.40 9 (04/2012)
18.40.100. Yards and Setbacks.
A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest
land shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 95-075 §1, 1995; Ord. 94-008 §19, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991; Ord. 83-037
§11, 1983)
18.40.110. Stream Setbacks.
All sewage disposal installations, such as vault toilets, septic tanks and drainfield systems shall be set back
from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures shall be set
back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark.
(Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.120. State Law Controls.
Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.40
conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder,
state law shall control.
(Ord. 92-025 §3, 1992)
18.40.130. Rimrock Setback.
Setbacks from rimrock shall be as provided in DCC 18.116.160.
(Ord. 93-043 §5, 1993; Ord. 86-053 §8, 1986)
Chapter 18.40 10 (04/2012)
"Residential facility" means a facility licensed by or under the authority of the State of Oregon
Dopartm- . P • .. • which provides residential care alone or in conjunction with treatment
or training or a combination thereof for six (6) to fifteen (15) individuals who need not be related. Staff
persons required to meet State of Oregon Department of I-Iuman Resource, 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 State of Oregon 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 State of Oregon 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.
Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outright.
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a
Review Under DCC Chapter 18.124 For Items C Through M.
18.16.030. Conditional Uses Permitted - High Value and Nonhigh Value Farmland.
18.16.031. Nonresidential Conditional Uses on Nonhigh Value Farmland Only.
18.16.033. Nonresidential Conditional Uses on High Value Farmland Only.
18.16.035. Destination Resorts.
18.16.037. Guest Ranch.
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
18.16.040. Limitations on Conditional Uses.
18.16.050. Standards for Dwellings in the EFU Zones.
18.16.055. Land Divisions.
18.16.060. Dimensional Standards.
18.16.065. Subzmtes.
18.16.067. Farm Management flans.
18.16.070. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
18.16.010. Purpose.
A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve
as a sanctuary for faun uses.
B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan
and in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in
ORS 30.930 through 30.947.
(Ord. 95-007 §9, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991)
18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are pennitted outright:
A. Faun use as defined in DCC Title 18.
13. Propagation or harvesting of a forest product.
C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction
relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b).
D. Accessory buildings customarily provided in conjunction with farm use.
E. Climbing and passing lanes within the right of way existing as of July 1, 1987.
F. Reconstruction or modification of public roads and highways, including the placement of utility
facilities overhead and in the subsurface of public roads and highways along the public right of way, but
not including the addition of travel lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
G. Temporary public road and highway detours that will be abandoned and restored to original condition or
use when no longer needed.
It Minor betterment of existing public road and highway -related facilities such as maintenance yards,
weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public
owned property utilized to support the operation and maintenance of public roads and highways.
1. Creation, restoration or enhancement of wetlands.
Chapter 18-16 1 (07/2010)
S. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable nonresidential use
within three months of completion of the replacement dwelling. A replacement dwelling may be
sited on any part of the same lot or parcel, and shall comply with all applicable siting standards. If
the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm
use, the applicant, as a condition of approval, shall execute and record in the deed records for the
county a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The
restriction imposed shall be irrevocable unless a statement of release is placed in the deed records
for the county. The release shall be signed by the county or its designee and state that the
provisions of the statute and county code have changed to allow the siting of another dwelling; and
6. The replacement dwelling is subject to OAR 660-033-0130(30), as follows:
The County shall require as a condition of approval of a single-family replacement dwelling that
the landowner for the dwelling sign and record in the deed records for the county a document
binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a
claim for relief or cause of action alleging injury from farming or forest practices for which no
action or claim is allowed under ORS 30.936 to 30.937.
7. An applicant for a replacement dwelling may request a deferred replacement dwelling permit.
a. The dwelling to be replaced shall be removed or demolished within three months after the
deferred replacement permit is issued.
b. A deferred replacement permit allows construction of the replacement dwelling at any time. If,
however, the established dwelling is not removed or demolished within three months after the
deferred replacement permit is issued, the replacement pemrit becomes void.
c. The replacement dwelling must comply with applicable building codes, plumbing codes,
sanitation codes and other requirements relating to health and safety or to siting at the time of
construction.
d. A deferred replacement permit may not be transferred, by sale or otherwise, except by the
applicant to the spouse or child of the applicant.
K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the
National Register of Historic Places and on the County inventory as a historic property as defined in
ORS 358.480, and subject to 18.16.020(7)(6) above.
L. Wildlife habitat conservation and management plan approved under ORS 215.800 to 215.808.
M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
N. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or
structures that end at the point where the utility service is received by the customer and that are located
on one or more of the following:
1. A public right of way;
2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent
property owners has been obtained; or
3. The property to be served by the utility.
O. The land application of reclaimed water, agricultural process or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for inigation in connection with a use allowed in
an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the
Department of Environmental Quality under ORS 454.695, 459.205, 468B.053 or 4688.055, or in
compliance with rules adopted under ORS 4688.095, and with the requirements of ORS 215.246 to
215.251.
Chapter 18-16 2 (07/2010)
P. Fire service facilities providing rural fire protection services.
Q. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005
and oil and gas as defined by ORS 520.005, including the placement and operation of corepressors,
separators and other customary production equipment for an individual well adjacent to the wellhead.
Any activities or construction relating to such operations shall not be a basis for an exception under
ORS 197.732(2)(a) or (b).
R. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16.
S. Composting operations that are acce ted fannin • ractices in con' unction with and auxilla to farm use
on the subiect tract as allowed under OAR 660-033-0130(29)..
(Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2, 2004; Ord. 2001-039 §I, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §l, 1998; Ord. 95-007
§10, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§I and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §l,
1991; Ord. 91-005 §4, 1991; Ord. 91-002 §3, 1991; Ord. 86-007 §I, 1986; Ord. 81-025 §l, 1981; Ord.
81-001 §1, 1981)
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a
Review Under DCC Chapter 18.124 where applicable.
A. Dwellings customarily provided in conjunction with farm use (fann-related dwellings), subject to DCC
18.16.050.
B. A relative faun assistance dwelling, subject to DCC 18.16.050.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are not within
3 miles of an acknowledged urban growth boundary, on nonhigh value farmland.
D. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are within 3
miles of an acknowledged urban growth boundary, subject to Oregon Administrative Rules 660-033-
0130 . .. . . . -tion-pe . 32 -and OAR chapter 660, di\i.een 004, on
nonhigh value farmland.
E. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use subject to Oregon Administrative Rules 660-033-0130.
F. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating electrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in DCC I8.16.038(A).
G. Winery, as described in ORS 215.452.
IT Farm stands, subject to DCC 18.16.038.
1. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
J. A facility for the processing of faun crops, or the production of biofuel as defined in ORS 315.141, that
is located on a fann operation that provides at least one-quarter of the faun crops processed at the
facility.
a. The building established for the processing facility shall not exceed 10,000 square feet of floor area
exclusive of the floor area designated for preparation, storage or other farm use or devote more than
10,000 square feet to the processing activities within another building supporting fann uses.
b. A processing facility shall comply with all applicable siting standards but the standards shall not be
applied in a manner that prohibits the siting of the processing facility.
c. The County shall not approve any division of a lot or parcel that separates a processing facility from
the farm operation on which it is located.
(Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2, 2004)
Chapter 18-16 3 (07/2010)
18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value Farmland.
The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or
nonhigh value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and
18.16.050, and other applicable sections of DCC Title 18.
A. Nonfann dwelling.
B. Lot of record dwelling.
C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings.
1). A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in
conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the
existing resident or a relative of the resident.
E. A dwelling in conjunction with a wildlife habitat conservation and management plan.
F. Commercial activities that are in conjunction with farm use, but not including the processing of farm
crops as described in DCC 18.16.025.
G. Operations conducted for:
Mining and processing of geothermal resources as defined by ORS 522.005, and
Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under
DCC 18.16.020.
H. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the
same tract as the existing use.
1. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses
specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable.
J. Community centers owned by a governmental agency or a nonprofit organization and operated
primarily by and for residents of the local rural community.
1. A community center authorized under this section may provide services to veterans, including but
not limited to emergency and transitional shelter, preparation and service of meals, vocational and
educational counseling and referral to local, state or federal agencies providing medical, mental
health, disability income replacement and substance abuse services, only in a facility that is in
existence on January 1, 2006.
2. The services may not include direct delivery of medical, mental health, disability income
replacement or substance abuse services.
K. Transmission towers over 200 feet in height.
L. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and
18.128.260 and OAR 660-033-0130), for the purpose of generating power for public use by sale. not
including wind Dower generation facilities.
M. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and
service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except
for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited
guests, and by commercial aviation activities in connection with agricultural operations.
N. Home Occupation, subject to DCC 18.116.280.
1. The home occupation shall:
a. be operated substantially in the dwelling or other buildings normally associated with uses
pennitted in the EFU zone;
b. be operated by a resident or employee of a resident of the property on which the business is
located; and
c. employ on the site no more than five full-time or part-time persons.
2. The home occupation shall not unreasonably interfere with other uses pennitted in the EFU zone.
O. A facility for the primary processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with fann uses described in ORS
213.203(2). The primary processing of a forest product, as used in DCC 18.16.030, means the use of a
Chapter 18-16 4 (07/2010)
portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in DCC 18.16.030, means timber grown upon a
parcel of land or contiguous land where the primary processing facility is located.
P. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not
resulting in the creation of new land parcels.
Q. Reconstruction or modification of public roads and highways involving the removal or displacement of
buildings, but not resulting in the creation of new land parcels.
R. Improvement of public road and highway -related facilities such as maintenance yards, weigh stations
and rest areas, where additional property or right of way is required, but not resulting in the creation of
new land parcels.
S. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the
jurisdiction of the State Fish and Wildlife Commission or insect species.
I. Insect species shall not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture.
2. The county shall provide notice of all applications under this section to the State Department of
Agriculture.
3. Notice shall be provided in accordance with DCC Title 22, but shall be nailed at least 20 calendar
days prior to any administrative decision or initial public hearing on the application.
T. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If
approved, this use is subject to the recording of the statement listed in DCC 18.16.020(J)(6).
U. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland.
V. Roads, highways and other transportation facilities, and improvements not otherwise allowed under
DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first
granted under state law. Transportation uses and improvements may be authorized under conditions
and standards as set forth in OAR 660-012-0035 and 660-012-0065.
W. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
X. A living history museum.
Y. Operations for the extraction and bottling of water.
Z. Transportation improvements on rural lands allowed by OAR 660-012-0065.
AA.Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by
county fair boards established pursuant to ORS 565.210.
BB.Extended outdoor mass gatherings, subject to DCC 8.16.
CC.A landscape contracting business, as defined in ORS 671.520, or a business providing landscape
architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the
growing and marketing of nursery stock on the land that constitutes fann use.
DD.Wind power generation facilities as commercial utility facilities for the pose of generating power for
public use by sale, subject to OAR 660-033-0130.
EE. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of
generating power for public use by sale, subject to OAR 660-033-0130.
(Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord.
2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §l, 1998; Ord. 95-025 §I, 1995; Ord. 95-007
§11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §2, 1991; Ord. 91-020 §1, 1991; Ord.
91-014 §l, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §I, 1990; Ord. 90-014 §§23 and 31, 1991; Ord. 87-013
§I, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983)
Chapter 18-16 5 (07/2010)
18.16.031. Conditional Uses on Nonhigh Value Farmland Only.
The following uses may be allowed only on tracts in the Exclusive Fann Use Zones that constitute nonhigh
value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other
applicable sections of DCC Title 18.
A. Dog kennel.
B. A site for the disposal of solid waste approved by the governing body of a city or County or both and for
which a permit has been granted under ORS 459.245 by the Department of Environmental Quality
together with equipment, facilities or buildings necessary for its operation.
C. Golf course and accessory golf course uses as defined in DCC Title 18 on land determined not to be
high value farmland, as defined in ORS 195.300.
D. Except for those composting facilities that are a farm use as allowed under DCC 18.16.020 defined -in
OAR 660 033 0020(7), composting operations and facilities for which a permit has been granted by the
Oregon Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060 ORS
459.215 and OAR 310 96 020. Buildings and facilities used in conjunction with the composting
operation shall only be those required for the operation of the subject facility. On-site sales shall be
limited to bulk Toads of at least one unit (7.5 cubic yards) in size that are transported in one vehicle.
E. Private parks, playgrounds, hunting and fishing preserves and campgrounds.
F. Public or private schools for kindergarten through grade 12, including all buildings essential to the
operation of a school, primarily for residents of the rural area in which the school is located, subject to
the applicable Oregon Administrative Rules.
(Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord.
95-007 §12, 1995)
18.16.033. Conditional Uses on High Value Farmland Only.
In addition to those uses listed in DCC 18.16.030 above, the following uses may be allowed on tracts in the
Exclusive Farm Use Zones that constitute high value farmland subject to applicable provisions of the
Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18.
A. Maintenance, enhancement or expansion of dog kennels existing as of March 1, 1994, subject to other
requirements of law. New dog kennels are prohibited.
13. Maintenance, enhancement or expansion of a site described in 18.16.031 (13) existing as of March 1,
1994, subject to other requirements of law. New such sites are prohibited.
C. Maintenance, enhancement or expansion of golf course and accessory golf course uses as defined in
DCC Title 18 existing as of March I, 1994, subject to other requirements of law. New such uses are
prohibited. Expanded courses may not exceed 36 holes total.
D. Additions or expansions to existing public or private schools on high value farmland, for kindergarten
through grade 12, including all buildings essential to the operation of a school, subject to the applicable
Oregon Administrative Rules.
(Ord. 2010-022 §2, 2010; Ord. 2009-014 §I, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §13, 1995)
18.16.035. Destination Resorts.
Destination resorts may be allowed, where mapped, as a conditional use, subject to all applicable standards
of the Destination Resort Zone.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 § 3, 1992; Ord. 92-004 § 3, 1992)
18.16.037. Guest Ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock operation,
using accepted livestock practices that qualifies as a fans use under DCC 18.04.030, subject to the
Chapter 18-16 6 (07/2010)
applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the applicable provisions of DCC
18.128, and the provisions of the applicable Oregon Revised Statutes. A guest ranch shall not be
located within the boundaries of or surounded bv:
(1) A federally designated wilderness area or a wilderness study area:
(2) A federally designated wildlife refuge.
(3) A federally designated area of critical environmental concern; or
4 An area established b an Act of Con • ess for the rrotection of scenic or ecolo:ical resources.
B. "Guest ranch" means a facility for overnight guest lodging units, including passive recreational
activities and food services, as set forth in ORS 215 that are incidental and accessory to an existing
livestock operation that qualifies as a faun use under DCC 18.04.030.
C. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient
overnight lodging and not for a permanent residence accommodations.
D. For the purposes of DCC 18.16.037, "livestock" means cattle, sheep, horses, and bison.
E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or
parcel that separates a guest ranch from the dwelling of the person conducting the livestock operation
shall not be allowed.
F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest
ranch shall not be allowed.
(Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2001-043 §l, 2001; Ord.
98-056 §l, 1998)
Note: DCC 18.16.037 will be repealed January 2, 20182 (Ord. 2010-017 §1, 2010).
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that is necessary to
be situated in an agricultural zone in order for service to be provided. To demonstrate that a utility
facility is necessary, an applicant must show that reasonable altematives have been considered and that
the facility must be sited in an exclusive farm use zone due to one or more of the following factors:
1. Technical and engineering feasibility;
2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must
cross land in one or more areas zoned for exclusive famr use in order to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and nonresource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may
not be the only consideration in determining that a utility facility is necessary for public service.
Land costs shall not be included when considering alternative locations for substantially similar
utility facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible for restoring, as
nearly as possible, to its former condition any agricultural land and associated improvements that
are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the
facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a contractor the responsibility for
restoration.
9. ht addition to the provisions of 1-6 above, the establishment or extension of a sewer system as
defined by OAR 660-011-0060(1)M in an exclusive farm use zone shall be subject to the provisions
of OAR 660-011-0060.
Chapter 18-16 7 (07/2010)
10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by
and subject to regulation by the Federal Energy Regulatory Commission.
11. The County shall impose clear and objective conditions on an application for utility facility siting to
mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to
farm use, in order to prevent a significant change in accepted farm practices or a significant increase
in the cost of farm practices on surrounding farmlands.
12. Utility facilities necessary for public service may include on-site and off-site facilities for temporary
workforce housing for workers constructing a utility facility. Such facilities must be removed or
converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when project
construction is complete. Off-site facilities allowed under this provision are subject to OAR 660-
033-0130(5). Temporary workforce housing facilities not included in the initial approval may be
considered through a minor amendment request. A minor amendment request shall have no effect
on the original approval
13. Wineries are subject to the following:
A winery, authorized under DCC 18.16.025 is a facility that produces wine with a maximum annual
production of:
1. Less than 50,000 gallons and that:
a. Owns an on-site vineyard of at least 15 acres;
b. Owns a contiguous vineyard of at least 15 acres;
c. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a
vineyard contiguous to the winery; or
d. Obtains grapes from any combination of a, b or c above; or
2. At least 50,000 gallons and no more than 100,000 gallons and that:
a. Owns an on-site vineyard of at least 40 acres;
b. Owns a contiguous vineyard of at least 40 acres;
c. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a
vineyard contiguous to the winery; or
d. Obtains grapes from any combination of (2)(a -c).
3. The winery shall allow only the sale of:
a. Wines produced in conjunction with the winery; and
b. Items directly related to wine, the sales of which are incidental to retail sale of wine on-site.
Such items include those served by a limited service restaurant, as defined in ORS 624.010.
4. Prior to issuance of a permit to establish a winery, the applicant shall show that vineyards, described
under either 1 or 2 above, have been planted or that the contract has been executed, as applicable.
5. Standards imposed on the siting of a winery shall be limited solely to each of the following for the
sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on
adjacent lands:
a. Establishment of a setback, not to exceed 100 feet, from all property lines for the winery and all
public gathering places; and
b. Provision of direct road access, internal circulation and parking shall be demonstrated through
site plan review under DCC 18.124.
6 Approval of a winery shall not be a basis for an exception under ORS 197.732(1)(a) or (b).
C. Farm stands are subject to the following:
1. The structures are designed and used for the sale of farm crops or livestock grown on the fans
operation, or grown on the farm operation and other farm operations in the local agricultural area,
including the sale of retail incidental items and fee-based activity to promote the sale of faun crops
or livestock sold at the farm stand, if the annual sales of the incidental items and fees from
promotional activity do not make up more than 25 percent of the total annual sales of the fann
stand; and
Chapter 18-16 8 (07/2010)
2. The farm stand does not include structures designed for occupancy as a residence or for activities
other than the sale of faun crops or livestock, and does not include structures for banquets, public
gatherings or public entertaimnent.
3. As used in this section, "fami crops or livestock" includes both fresh and processed faun crops and
livestock grown on the fann operation, or grown on the fann operation and other farm operations in
the local agricultural area.
4. As used in this subsection, "processed crops and livestock" includes jams, syrups, apple cider,
animal products and other similar farm crops and livestock that have been processed and converted
into another product but not prepared food items.
5. As use in this section, `local agricultural area" includes Oregon or an adjacent county in
Washington, Idaho, Nevada or California that borders the Oregon county in which the fann stand is
located.
D. A site for the takeoff and landing of model aircraft is subject to the following:
1. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent
foundation unless the building or facility preexisted the use approved under this section.
a. The site shall not include an aggregate surface or hard surface area, unless the surface
preexisted the use approved under this section.
b. An owner of property used for the purpose authorized in this section may charge a person
operating the use on the property rent for the property.
c. An operator may charge users of the property a fee that does not exceed the operator's cost to
maintain the property, buildings and facilities.
d. As used in this section, "model aircraft" mean a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by
radio, lines or design by a person on the ground.
E. A facility for the processing of farm crops shall be located on a fann operation that provides at least
one-quarter of the farm crops processed at the facility,
1, The building established for the processing facility shall not exceed 10,000 square feet of floor area
exclusive of the floor area designated for preparation, storage or other farm use or devote more than
10,000 square feet to the processing activities within another building supporting fann uses.
2. A processing facility shall comply with all applicable siting standards, but the standards shall not be
applied in a manner that prohibits the siting of the processing facility.
3. The County shall not approve any division of a lot or parcel that separates a processing facility from
the farm operation on which it is located.
(Ord. 2012-022 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §I, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2, 2004)
18.16.040. Limitations on Conditional Uses.
A. Conditional uses pennitted by DCC 18.16.030 may be established subject to ORS 215.296 and
applicable provisions in DCC 18.128 and upon a finding by the Planning Director or Hearings Body
that the proposed use:
1. Will not force a significant change in accepted fann or forest practices as defined in ORS
2I5.203(2)(c) on surrounding adjacent lands devoted to fann or forest uses; and
2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to fann or forest use; and
3. That the actual site on which the use is to be located is the least suitable for the production of farm
crops or livestock.
B. A commercial activity allowed under DCC 18.16.030(F) shall be associated with a fann use occurring
on the parcel where the comtnercial use is proposed. The commercial activity may use, process, store or
market faun products produced outside of Deschutes County.
Chapter 18-16 9 (07/2010)
C. A power generation facility that is part of a commercial utility facility for the purpose of generating
power for public use by sale identified in DCC 18.16.030(L) and:
1. That is located on high-value farmland, the pennanent features of which shall not preclude more
than 12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant
to ORS 197.732 and Oregon Administrative Rules 660, Division 004.
2. That is located on nonhigh-value farmland, the permanent features of which shall not preclude more
than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant
to ORS 197.732 and Oregon Administrative Rules 660, Division 4.
3. A power generation facility may include on-site and off-site facilities for temporary workforce
housing as allowed under OAR 660-033-0130(17) and (22)
D. A wind power generation facility includes, but is not limited to, the following system components: all
wind turbine towers and concrete pads, pennanent meteorological towers and wind measurement
devices, electrical cable collection systems connecting wind turbine towers with the relevant power
substation, new or expanded private roads (whether temporary or pennanent) constructed to serve the
wind power generation facility, office and operation and maintenance buildings, temporary lay -down
areas and all other necessary appurtenances including but not limited to on-site and off-site facilities for
temporary workforce housing for workers constnmcting a wind power generation facility. Such facilities
must be removed or converted to an allowed use under OAR 660-033-013009) or other statute or rule
when project construction is complete. Temporary workforce housing facilities not included in the
initial approval may be considered through a minor amendment request filed after a decision to approve
a power generation facility. A minor amendment request shall be subject to OAR 660-033-0130(5) and
shall have no effect on the original approval. A proposal for a wind power generation facility shall be
subject to the following provisions:
I. For high value farmland soils described in ORS 195.300(10), that all of the following are satisfied:
a. Reasonable alternatives have been considered to show that siting the wind power generation
facility or component thereof on high-value farmland soils is necessary for the facility or
component to function properly or if a road system or turbine string must be placed on such
soils to achieve a reasonably direct route considering the following factors:
i. Technical and engineering feasibility.
ii. Availability of existing rights of way; and
iii. The long tern environmental, economic, social and energy consequences of siting the
facility or component on alternative sites. as determined under OAR 660-033-
0130(37)(a)(B)
b. The long-term environmental economic, social and energy consequences resulting from the
wind power generation facility or any component thereof at the proposed site with measures
designed to reduce adverse impacts are not significantly more adverse than would typically
result from the same .ro,osal bein• located on other a•ricultural lands that do not include hi It -
value farmland soils.
c. Costs associated with any of the factors listed in OAR 660-033-0130(37)(a)(A) may be
considered, but costs alone may not be the only consideration in determining that siting any
component of a wind power generation facility on high-value farmland soils is necessary.
d. The owner of a wind power generation facility approved under OAR 660-033-0130(37)(a) shall
be responsible for restoring, as nearly as possible, to its former condition any agricultural land
and associated improvements that are damaged or otherwise disturbed by the siting
maintenance, repair or reconstruction of the facility. Nothing in this section shall prevent the
owner of the facility from requiring a bond or other security from a contractor or otherwise
imposing on a contractor the responsibility for restoration; and
e. The criteria of OAR 660-033.0130(37)(b) are satisfied.
2. For arable lands, meaning lands that are cultivated or suitable for cultivation, including high-value
farmland soils described at ORS 195.300(10), the governing body or its designated must find that:
Chapter 18-16 10 (07/2010)
a. The ro osed wind .ower facilit will not create unnecessa ne•ative imacts on a•ricultural
operations conducted on the subject property. Negative impacts could include but are not
limited to, the unnecessary construction of roads dividing a field or multiple fields in such a
way that creates small or isolated pieces of property that are more difficult to farm and placing
wind farm components such as meteorological towers on lands in a manner that could disrupt
common and accepted farming practices.
b. The presence of a proposed wind power facility will not result in unnecessary soil erosion or
loss that could limit au'cultural .roductivity on the subject property. This provision may be
satisfied by the submittal and county approval of a soil and erosion control plan prepared by an
adequately qualified individual showing how unnecessary soil erosion will be avoided or
remedied and how to soil will be stri..ed stock iled and clear] marked. The a. roved lan
shall be attached to the decision as a condition of approval.
c. Construction or maintenance activities will not result in unnecessary soil compaction that
reduces the productivity of soil for crop production. This provision may be satisfied by the
submittal and county approval of a plan prepared by an adequately qualified individual show
unnecesssoil comaction will be avoided or remedied in a timel manner throwdee soil
decompaction or other appropriate practices. The approved plan shall be attached to the
decision as a condition of approval.
d. Construction or maintenance activities will not result in the unabated introduction or spread of
noxious weeds and other undesirable weeds species. This provision may be satisfied by the
submittal and county approval of a weed control plan prepared by an adequately qualified
individual that includes a long-term maintenance agreement. The approved plan shall be
attached to the decision as a condition of approval.
3. For nonarable lands meanin lands that are not suitable for cultivation the overnin bo d or its
designate must find that the requirements of OAR 660-033-0130(37)(b)(D) are satisfied.
4. In the event that a wind power generation facility is proposed on a combination of arable and
nonarable lands as described in OAR 660-033-0130(37)(b) and (c) the approval criteria of OAR
660-033-0130(37)(6) shall apply to the entire project.
ED.No aircraft may be based on a personal -use airport identified in DCC 18.16.030(M) other than those
owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this
definition may be granted through waiver action by the Oregon Department of Aviation in specific
instances. A personal use airport lawfully existing as of September 13, 1975, shall continue to be
permitted subject to any applicable rules of the Oregon Department of Aviation.
FE. The facility for the primary processing of forest products identified in DCC 18.16.030 is intended to be
portable or temporary in nature. Such a facility may be approved for a one-year period which is
renewable.
OF. Batching and blending mineral and aggregate into asphaltic cement may not be authorized within two
miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more
that are planted as of the date of the application for bat
UG. Accessory uses for golf courses shall be limited in size and orientation on the site to serve the needs of
persons and their guests who patronize the golf course to golf. An accessory use that provides
commercial services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate
buildings. Accessory uses may include one or more food and beverage service facilities in addition to
food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be
part of and incidental to the operation of the golf course and must be limited in size and orientation on
the site to service only the needs of persons who patronize the golf course and their guests. Accessory
food and beverage service facilities shall not be designed for or include structures for banquets, public
gatherings or public entertainment.
114. An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall comply with the
definition of "golf course" set forth in DCC Title 18 and the provisions of UCC 18.16.040(A).
Chapter 18-16 11 (07/2010)
I1. An applicant for a nonfarm conditional use may demonstrate that the standards for approval will be
satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective.
KJ. For purposes of approving a conditional use permit for a lot of record dwelling under DCC 18.16.030,
the soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the
property owner:
1. Submits a statement of agreement from the Natural Resources Conservation Service of the United
States Department of Agriculture that the soil class, soil rating or other soil designation should be
adjusted based on new information; or
2. Submits a report from a soils scientist whose credentials are acceptable to the State Oregon
Department of Agriculture that the soil class, soil rating or other soil designation should be
changed; and
3. Submits a statement from the State Oregon Department of Agriculture that the Director of
Agriculture or the director's designee has reviewed the report described in 2 above and finds the
analysis in the report to be soundly and scientifically based.
4. The soil classes, soil ratings or other soil designations used in or made pursuant to this definition are
those of the NRCS in its most recent publication for that class, rating or designation before
November 4, 1993, except for changes made pursuant to subsections 1-3 above.
5. For the purposes of anproving a land use application under OAR 660-033-0090, 660-033-0120
660-033-0130 and 660-033-0135, soil classes, soil ratings or other soil designations used in or made
pursuant to this definition are those of the NRCS in its most recent publication for that class, rating
or designation.
LK. Except on a lot or parcel contiguous to a lake or reservoir, a private campground shall not be allowed
within three miles of an urban growth boundary unless an exception is approved pursuant to ORS
197.732 and OAR chapter 660, division 004.
a. A private campground may provide yurts for overnight camping. No more than one-third or a
maximum of 10 campsites, whichever is smaller, may include a yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this paragraph, `yurt" means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
d. A campground shall be designed and integrated into the rural agricultural and forest environment in
a maturer that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
Ml... living history museum shall be related to resource based activities and be owned and operated by a
governmental agency or a local historical society.
a. A living history museum may include limited commercial activities and facilities that are directly
related to the use and enjoyment of the museum and located within authentic buildings of the
depicted historic period or the museum administration building, if areas other than an exclusive
faim use zone cannot accommodate the museum and related activities, or if the museum
administration buildings and parking lot are located within one-quarter mile of an urban growth
boundary.
b. As used in this paragraph, a "living history museum" means a facility designed to depict and
interpret everyday life and culture of some specific historic period using authentic buildings, tools,
equipment and people to simulate past activities and events; and "local historical society" means the
local historic society recognized by the County and organized under ORS Chapter 65.
(Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord.
2004-001 §2, 2004; Ord. 98-030 §1, 1998; Ord, 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3,
1992; Ord. 91-038 §1 and 2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991)
Chapter18-16 12 (07/2010)
18.16.050. Standards for Dwellings in the EFU Zones.
Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for
each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the
dwelling is placed, signing and recording in the deed records for the County, a document binding the
landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or
cause of action alleging injury from farming or forest practices for which no action or claim is allowed
under ORS 30.936 or 30.937.
A. Farm -related dwellings on nonhigh value farmland. A dwelling customarily provided in conjunction
with fann use, as listed in DCC 18.16.030(A), may be approved if it satisfies any of the alternative tests
set forth below:
1. Acreage test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if
i. The parcel on which the dwelling will be located is at least:
(a) One hundred sixty acres and not in the Horse Ridge East subzone; or
(b) Three hundred twenty
acres in the Horse Ridge East subzone;
ii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and
which is evidenced by a farm management plan;
iii. The dwelling will be occupied by a person or persons who will be principally engaged in
the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale;
iv. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K);
and
2. Median acreage/gross sales test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured hone in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is at least as large as the median size of those commercial farm or ranch
tracts capable of generating at least $10,000 in annual gross sales that are located within a
study area that includes all tracts wholly or partially within one mile of the perimeter of the
subject tract;
ii. The subject tract is capable of producing at least the median level of annual gross sales of
County indicator crops as the same commercial fann or ranch tracts used to calculate the
tract size in DCC 18.16.050(A)(2)(a)(i);
iii. The subject tract is currently employed for fan.' use, as defined in DCC 18.04.030, and
which is evidenced by a farm management plan, at a level capable of producing the annual
gross sales required in DCC 18.16.050(A)(2)(a)(ii). If no farm use has been established at
the time of application, land use approval shall be subject to a condition that no building
permit may be issued prior to establishment of the fann use capable of meeting the median
income test.
iv. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size;
v. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K);
and
vi. The dwelling will be occupied by a person or persons who will be principally engaged in
the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale.
b. For the purpose of calculating appropriate tract sizes and gross incomes to satisfy DCC
18.16.050(A)(2)(a)(i) and (ii), the County will utilize the methodology contained in Oregon
Chapter 18-16 13 (07/2010)
Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC
pursuant to Oregon Administrative Rules 660-33-135(4).
3. Gross annual income test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured hone in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is currently employed for a farm use and that the farm operator earned
that jwedueed $32,500 in gross annual revenue income in the last two years, er three of the
last five years or based on the average farm revenue earned on the tract in the highest three
of the last five years.
ii. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
iii. The dwelling will be occupied by a person or persons who produced the commodities
which grossed the income in DCC 18.16.050(A)(3)(a)(i); and
b. In determining gross revenue inc.me, the cost of purchased livestock shall be deducted from
the total gross revenue Some attributed to the tract.
c. Noncontiguous lots or parcels zoned for fann use in the same county or contiguous counties
may be used to meet the gross revenue ineeme requirements.
d. Only gross revenue income from land owned, not leased or rented, shall be counted; and gross
farm revenue ineeme earned from a lot or parcel which has been used previously to qualify
another lot or parcel for the construction or siting of a primary farm dwelling may not be used.
e. Prior to a dwelling being approved under this section that requires one or more contiguous or
noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm
revenue income requirements, the applicant shall provide evidence that the covenants,
conditions and restrictions form attached to Chapter 18.16, has been recorded with the county
clerk or counties where the property subject to the covenants, conditions and restrictions is
located.
1. The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to
the application for primary farm dwelling and shall preclude:
a. All future rights to construct a dwelling except for accessory fame dwellings, relative
farm assistance dwellings, temporary hardship dwellings or replacement dwellings
allowed under ORS Chapter 215; and
b. The use of any gross fame revenue income earned on the lots or parcels to qualify
another lot or parcel for a primary farm dwelling;
c. The covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by an authorized representative of the county or counties where the property
subject to the covenants, conditions and restrictions is located;
d. The failure to follow the requirements of this section shall not affect the validity of the
transfer of property or the legal remedies available to the buyers of property which is
subject to the covenants, conditions and restrictions required by this section.
B. Farm related dwellings on high value farmland. On land identified as high-value farmland, a dwelling,
including a manufactured hone in accordance with DCC 18.116.070, may be considered customarily
provided in conjunction with farm use if:
I. The subject lot or parcel is currently employed for the faun use as defined in DCC 18.04.030, and
that the farm operator eamed produced at least $80,000 in gross annual revenue ineeme from the
sale of farm products in the last two years, er three of the last five years, or based on the average
farm revenue earned by the farm operator in the best three of the last five vears and the lot or parcel
on which the dwelling is proposed is at least the size of the minimum lot or parcel size in the
subzone. In determining gross revenue income, the cost of purchased livestock shall be deducted
from the total gross revenue inc nie attributed to the tract;
2. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
Chapter 18-16 14 (07/2010)
3. The dwelling will be occupied by a person or persons who produced the commodities which
grossed the revenue ineare under DCC 18.16.050(13)(1); and
4. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may be
used to meet the gross revenue inceme requirements;
5. Only gross revenue income from land owned, not leased or rented, shall be counted; and gross fans
revenue income earned from a lot or parcel which has been used previously to qualify another lot or
parcel for the construction or siting of a primary farm dwelling may not be used.
6. Prior to a dwelling being approved under this section that requires one or more contiguous or
noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue
income requirements, the applicant shall provide evidence that the covenants, conditions and
restrictions form attached to Chapter 18.16, has been recorded with the county clerk. The
covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the
application for primary fann dwelling and shall preclude:
a. All future rights to construct a dwelling except for accessory farm dwellings, relative faun
assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS
Chapter 215; and
b. The use of any gross fann revenue ineeme earned on the lots or parcels to qualify another lot or
parcel for a primary fann dwelling.
C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070,
is considered to be an accessory fann dwelling customarily provided in conjunction with farm use
when:
1. The accessory dwelling meets the following criteria:
a. The accessory farm dwelling will be occupied by a person or persons who will be principally
engaged in the faun use of the land and whose seasonal or year-round assistance in the
management of the farm use, such as planting, harvesting, marketing or caring for livestock, is
or will be required by the farm operator; and
b. The accessory farm dwelling will be located:
i. On the same lot or parcel as the primary farm dwelling; or
ii. On the same tract as the primary farm dwelling when the lot or parcel on which the
accessory farm dwelling will be sited is consolidated into a single parcel with all other
contiguous lots and parcels in the tract; or
iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is limited to only a manufactured home and a deed restriction substantially in
compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County
Clerk. The deed restriction shall require the manufactured dwelling to be removed when
the lot or parcel is conveyed to another party. The manufactured home may remain if it is
reapproved under DCC 18.16.050; or
iv. On a lot or parcel on which the primary Pana dwelling is not located, when the accessory
farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot
size under DCC 18.16.065 and the lot or parcel complies with the gross fann income
requirements in DCC 18.16.050(A)(3) or (13)(1), whichever is applicable; and
c. There is no other dwelling on land zoned ETU owned by the faun operator that is vacant or
currently occupied by persons not working on the subject farm or ranch and that could
reasonably be used as an accessory farm dwelling; and
2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the
following:
a. On land not identified as high-value farmland, the primary Tann dwelling is located on a farm
or ranch operation that is currently employed in farm use and produced $32,500 in gross annual
sales in the last two years, er three of the last five years or based on the average fann revenue
earned on the tract in the highest three of the last five years. In determining gross revenue
Chapter 18-16 15 (07/2010)
income, the cost of purchased livestock shall be deducted from the total gross revenue income
attributed to the tract; or
b. On land identified as high-value farmland, the primary farm dwelling is located on a farm or
ranch operation that is currently employed for farm use, and produced at least $80,000 in gross
annual revenue income from the sale of farm products in the last two years, er three of the last
five years or based on the avera• a farm revenue earned on the tract in the hi • est three of the
last five years. Gross revenue }neeme shall be calculated by deducting the cost of purchased,
livestock from the total gross revenuejneeme attributed to the tract; and
3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be
approved for a division of land except as provided for in DCC 18.16.055(1).
4. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the
requirements for a nonfarm dwelling pursuant to DCC 18.16.050(G).
D. Relative fann assistance dwelling.
1. A dwelling listed in DCC 18.16.02530(B) is allowed when:
a. The subject tract is at least 40 acres in size, unless it is demonstrated to the Planning Director or
Hearings Body that a smaller unit of land is a commercial agricultural enterprise.
b. The subject tract is used for farm use;
c. The dwelling is a manufactured home and is sited in accordance with DCC 18.116.070, or is a
pre-existing site -built home that: (1) was established at least 30 years prior to the date the land
use permit was submitted and (2) is located on a parcel of at least 40 acres in size and that
meets the minimum irrigated acres standard for the subzone within which it is located;
d. The dwelling is located on the same lot or parcel as the dwelling of the faun operator, and is
occupied by a relative of the faun operator or farm operator's spouse, including a grandparent,
step -grandparent, grandchild, parent, step-parent, child, brother, sister, sibling, step -sibling,
niece, nephew, or first cousin of either, if the farm operator does, or will, require the assistance
of the relative in the management of the faun use.
1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements
under ORS 215.780, if the owner of a dwelling described in this subsection obtains
construction financing or other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined
in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create
a new parcel.
2. Prior conditions of approval for the subject land and dwelling remain in effect.
3. For purposes of this subsection, "Foreclosure" means only those foreclosures that are
exempt from partition under ORS 92.010(7)(a).
e. The farm operator plays the predominant role in the management and farm use of the farm and
will continue to do so after the relative farm help dwelling is approved.
f. Any approval granted under DCC 18.16.050 shall be conditioned with a requirement that the
farm operator annually submit a report to the Planning Division identifying the resident(s) of
the dwelling, their relationship to the farm operator, the assistance the resident provides to the
fann operator, and verifying the farm operator's continued residence on the property and the
predominant role the faun operator continues to play in the management and fann use of the
farm.
2. A manufactured home permitted under DCC 18.16.050 shall be considered to be a temporary
installation, and permits for such home shall be renewable and renewed on an annual basis. The
manufactured home shall be removed from the property if it no longer meets the criteria of DCC
18.16.050 and the approval shall be so conditioned.
3. A pre-existing dwelling approved under DCC 18.16.050 shall be removed or converted to an
allowable use within one year of the date the relative farm help dwelling no longer meets the criteria
of DCC 18.16.050 and the approval shall be so conditioned.
Chapter 18-16
16 (07/2010)
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4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval Agreement shall be
recorded with the Deschutes County Clerk prior to issuance of any building or placement permit for
the new dwelling on the property.
5. For the purposes of DCC 18.16.050(D), a farm operator is a person who operates a farm, doing the
work and making the day-to-day decisions about such things as planting, harvesting, feeding and
marketing.
E. Lot of record dwelling on nonhigh value farmland.
1. A lot of record dwelling may be approved on nye-existing lot or parcel on nonhigh value farmland
when all of the following requirements are met:
a. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and
owned continuously by the present owner:
i. Prior to January 1, 1985; or
ii. 13y devise or by intestate succession from a person who acquired and owned continuously
the lot or parcel prior to January 1, 1985.
b. The tract on which the dwelling will be sited does not include a dwelling.
c. For lots or parcels located within a wildlife area (WA) combining zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable
density restrictions of DCC 18.88.
d. If the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
e. The County Assessor shall be notified of any approval of a dwelling under DCC 18.16.050.
f. If the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993,
no dwelling exists on another lot or parcel that was part of the tract;
2. For purposes of DCC 18.16.050(E), "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, grandparent or grandchild of the
owner or a business entity owned by any one or a combination of these family members.
3. For purposes of DCC 18.16.050(E), the date of creation and existence means that, when a lot, parcel
or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to
qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration
is the date of creation and existence. Reconfigured means any change in the boundary of the lot,
parcel or tract.
F. Lot of record dwelling on high-value farmland.
1. A lot of record dwelling ori apre-existing lot or parcel will be approved on high value farmland
when all of the following requirements are inet:
a. The requirements set forth in DCC 18.16.050(E)(I)(a) through (Q, as determined by the
County; and
b. The requirements of Oregon Administrative Rules 660-33-130(3)(c)(C), as determined by the
County hearings officer.
2. Applicants under DCC 18.16.050(F) shall make their application to the County. The County shall
notify the State Department of Agriculture at least 20 calendar days prior to the public hearing
under DCC 18.16.050(F)(1)(b).
3. Applicants under DCC 18.16.050(F) shall be subject to such other procedural requirements as are
imposed by the Oregon Department of Agriculture.
4. For purposes of DCC 18.16.050(F), the date of creation and existence means that, when a lot, parcel
or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to
qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration
is the date of creation and existence. Reconfigured means any change in the boundary of the lot,
parcel or tract.
G. Nonfarm dwelling.
Chapter 18-16 17 (07/2010)
I. One single-family dwelling, including a manufactured hone in accordance with DCC
18.116.070, not provided in conjunction with faun use, may be permitted on an existing lot or
parcel subject to the following criteria:
a. The Planning Director or Hearings Body shall make findings that:
i. The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices, as defined in ORS
215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use.
ii. The proposed nonfarm dwelling will not materially alter the stability of the overall land use
pattern of the area. In determining whether a proposed nonfarm dwelling will alter the
stability of the land use pattern in the area, the County shall consider the cumulative impact
of nonfarm dwellings on other lots or parcels in the area similarly situated, by applying the
standards under OAR 660-033-0130(4)(a)(D), and whether creation of the parcel will lead
to creation of other nonfarm parcels, to the detriment of agriculture in the area.
iii. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot
or parcel that is generally unsuitable for the production of farm crops and livestock or
merchantable tree species, considering the terrain, adverse soil or land conditions, drainage
and flooding, vegetation, location and size of the tract.
iv. The proposed nonfarm dwelling is not within one-quarter mile of a dairy farm, feed lot or
sales yard, unless adequate provisions are made and approved by the Planning Director or
Hearings Body for a buffer between such uses. The establishment of a buffer shall be
designed based upon consideration of such factors as prevailing winds, drainage, expansion
potential of affected agricultural uses, open space and any other factor that may affect the
livability of the nonfarm -dwelling or the agriculture of the arca.
Road access, fire and police services and utility systems (i.e., electrical and telephone) are
adequate for the use.
v. The nonfarm dwelling shall be located on a lot or parcel created prior to January 1, 1993, or
was created or is being created as a nonfarm parcel under the land division standards in
DCC 18.16.055(B) or (C).
2. For the purposes of DCC 18.16.050(G) only, "unsuitability" shall be determined with reference to
the following:
a. A lot or parcel or a portion of a lot or parcel shall not be considered unsuitable solely because of
size or location if it can reasonably be put to faro or forest use in conjunction with other land.
If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable
land for the production of merchantable tree species recognized by the Forest Practices Rules,
considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation,
location and size of the parcel.
b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too
small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold,
leased, rented or otherwise managed as part of a commercial fano or ranch, it is not "generally
unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is
composed predominantly of Class I -VI soils. Just because a lot or parcel or portion of a lot or
parcel is unsuitable for one farm use does not mean it is not suitable for another farm use. If the
parcel is under forest assessment, the area is not "generally unsuitable" simply because it is too
small to be managed for forest production profitably by itself.
c. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a
part of a forestry operation, it is not "generally unsuitable." If a lot or parcel is under forest
assessment, it is presumed suitable if it is composed predominantly of soil capable of producing
20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be
found compatible and not seriously interfere with forest uses on surrounding land it must not
force a significant change in forest practices or significantly increase the cost of those practices
on the surrounding land.
Chapter 18-16 18 (07/2010)
3. Loss of tax deferral. Except as provided in DCC 18.16.050(I)(2), pursuant to ORS 215.236, a
nonfarm dwelling on a lot or parcel in an Exclusive Farm Use zone that is or has been receiving
special assessment may be approved only on the condition that before a building permit is issued
the applicant must produce evidence from the County Assessors office that the parcel upon which
the dwelling is proposed has been disqualified under ORS 308A.113 or ORS 308A.116 for special
assessment at value for farm use under ORS 308A.062 or other special assessment under ORS
308A.068, 321.352, 321,730 or 321.815 and that any additional tax or penalty imposed by the
County Assessor as a result of disqualification has been paid.
H. Temporary hardship dwelling.
I. A temporary hardship dwelling listed in DCC 18.16.030 is allowed under the following conditions:
a. The dwelling is a manufactured home or recreational vehicle, and is used in conjunction with an
existing dwelling on the lot or parcel;
b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel
only for the term of a hardship suffered by the existing resident or relative of the resident. The
manufactured dwelling shall be removed or demolished within three months of the date the
hardship no longer exists. The recreational vehicle shall not be occupied once the term of the
medical hardship is completed, except as allowed under DCC 18.116.095. A temporary
residence approved under this section is not eligible for replacement under DCC 18.16.020(J);
c. The existence of a medical hardship is verified by a written doctor's statement, which shall
accompany the permit application; and
d. The temporary manufactured home uses the same subsurface sewage disposal system used by
the existing dwelling, provided that the existing disposal system is adequate to accommodate
the additional dwelling. If the manufactured home will use a public sanitary sewer system,
such condition will not be required.
e. If a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a
bathroom, and shall meet the minimum setbacks established under DCC 18.16.070.
2. Pennits granted under DCC 18.16.050(H) shall be subject to the provisions of DCC 18.116.090 and
shall be required to meet any applicable DEQ review and removal requirements as a condition of
approval.
3. As used in DCC 18.16.050(14), the term "hardship" means a medical hardship or hardship for the
care of an aged or infirm person or persons.
4. As used in DCC 18.16.050(H), the term "relative" means grandparent, step -grandparent, grandchild,
parent, step-parent, child, step -child, brother, sister, sibling, step -sibling, niece, nephew, uncle, aunt,
or first cousin of the existing resident.
5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under DCC
18.16.040(A)(I-2) and DCC 18.16.020(J)(6).
I. Wildlife conservation plan dwelling.
1. A dwelling listed in DCC 18.16.030(G) is allowed when the Planning Director or the Hearings
13ody finds that the proposed dwelling:
a. Is situated on a lot or parcel existing on November 4, 1993, that qualifies for a farm dwelling, as
listed in DCC 18.16.030(A), or a nonfarm dwelling, as listed in DCC 18.16.030(C);
b. Will not force a significant change in accepted farm or forest practices on surrounding lands
devoted to faun or forest use;
c. Will not significantly increase the cost of accepted fann or forest practices on surrounding lands
devoted to farm or forest use;
d. Will not be established on a lot or parcel that is predominantly composed of soils rated Class I
or II, when not irrigated, or rated Prime or Unique by the United States Natural Resources
Conservation Service or any combination of such soils; and
e. Is the only dwelling situated on the affected lot or parcel.
2. For a wildlife conservation plan dwelling approval based upon nonfarm dwelling criteria, DCC
18.16.0500) shall also apply. Unless prior to approval of a conditional use permit for a wildlife
Chapter 18-16 19 (07/2010)
conservation plan dwelling the applicant submits to the assessor certification demonstrating
approval by Oregon Department of Fish and Wildlife of' a wildlife conservation and management
plan and its implementation, the conditional use permit shall contain a condition requiring that the
applicant, prior to issuance of a building permit for such dwelling, either 1) submit certification to
the assessor from ODFW demonstrating approval and implementation of a wildlife conservation
and management plan qualifying under ORS 215.808 or 2) pay the tax penalties required by DCC
18.16.050(0)(3).
(Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-0020 §1, 2004; Ord.
2004-013 §2, 2004; Ord. 2004-001 §2, 2004; Ord. 98-033 §l, 1998; Ord. 98-030 §1, 1998; Ord. 95-007
§I5, 1995; Ord, 94-026 §1, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §§2 and 3, 1991; Ord. 91-020 §1,
1991)
18.16.055. Land Divisions.
A. General. A division of land in the exclusive farm use zone shall be identified on the land division
application as either an irrigated land division, nonirrigated land division, or a division of land for a use
permitted by Oregon Revised Statutes 215.263 DCC 18.16.030 other than a dwelling. An irrigated land
division is subject to subsection 13 below; a nonirrigated land division is subject to subsection C below;
and a land division for a use other than a dwelling is subject to subsection E below as well as ORS
215.263.
D. Irrigated land division.
I. An irrigated land division shall be subject to the minimum lot or parcel size requirements of DCC
18.16.065, Subzones, and all applicable requirements of DCC Title 17.
2. Partitions establishing parcels less than the EFU minimum parcel size established under DCC
18.16.065, may be permitted to create new parcels for nonfarm dwellings as follows:
a. If the parent parcel is equal to or greater than the minimum parcel size established under
18.16.065, and is less than 80 acres in size, one new nonfarm parcel may be created subject to
the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall meet the minimum lot size established under 18.16.065;
iii. All standards established under 18.16.050(0) for the dwelling shall be met;
iv. No minimum lot size shall be required for the nonfarm parcel.
v. The parcel for the nonfann dwelling is generally unsuitable for the production of fann
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage and flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
b. If the parent parcel is equal to or greater than the minimum lot size established under 18.16.065,
and is greater than or equal to 80 acres in size, two new nonfarm parcels may be created subject
to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall meet the minimum lot size established under 18.16,065;
iii. All standards established under 18.16.050(0) for the dwellings shall be met;
iv. No minimum parcel size shall be required for the nonfarm parcel.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
3. The minimum size for new parcels does not mean that farm dwellings may be approved on the new
parcels.
Chapter 18-16 20 (07/2010)
4, New dwellings in conjunction with farm use must satisfy the criteria in DCC 18.16.050.
C. Nonirrigated land division.
1. The minimum lot or parcel size for a nonirrigated land division is 80 acres.
2. Notwithstanding 1 above, land divisions creating nonfarm parcels less than the minimum lot size
may be allowed as follows:
a. If the parent parcel is greater than 80 acres in size, up to two new nonfarm parcels may be
allowed subject to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall be at least 80 acres in size;
iii. All standards established under 18.16.050(6) for the dwellings shall be met;
iv. The minimum size for the nonfarm parcels is 5 acres.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
vi. Be located outside of the Horse Ridge East subzone.
b. If the parent parcel is greater than or equal to 40 acres and less than or equal to 80 acres, one
new nonfarm parcel is allowed subject to the following:
i. Parent parcel was lawfully created prior to July I, 2001;
ii. Parcels are not capable of producing more than 20 cubic feet per acre per year of wood
fiber;
iii. Parcels are composed of at least 90 percent Class VII and VIII soils, or are composed of at
least 90 percent Class VI through VIII soils and are not capable of producing adequate
herbaceous forage for grazing livestock;
iv. Parcels shall not have established water rights for irrigation;
v. All standards established under 18.16.050(6) for the dwellings shall be met;
vi. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not
be considered unsuitable based solely on size or location if the parcel can reasonably be put to
farm or forest use in conjunction with other land
vii. The minimum parcel size is 5 acres;
viii. Be located outside of the Horse Ridge East subzone.
D. Partitions in the Wildlife Area Combining Zones must meet the minimum parcel sizes established under
DCC 18.88.050.
E. A division of land for a use listed under ORS 215.263 18.16.030 other than a dwelling. Such divisions
shall be subject to the minimum parcel size requirements of DCC 18.16.060(6) ORS 215.263 and the
applicable partitioning standards, including the general partition standards set forth in DCC 17.22, the
Subdivision and Partition Ordinance.
(Ord. 2012-022 §2, 2012; Ord. 2009-014 §l, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord.
2004-001 §2, 2004; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §16, 1995; Ord. 94-026
§2, 1994; Ord. 92-065 §3, 1992)
18.16.060. Dimensional Standards.
A. The minimum parcel size for irrigated land divisions created subject to DCC Title 17 shall be as
specified under DCC 18.16.065, "Subzones."
B. The minimum parcel size for nonirrigated land divisions created subject to DCC Title 17 is as specified
under DCC 18.16.055(6).
Chapter 18-16 21 (07/2010)
C. The minimum parcel size for all other uses permitted by Oregon Revised Statutes 215.263 DQ^
18.16.030 shall be no greater than the minimum size necessary for the use.
D. Each parcel shall have a minimum street frontage of 50 feet.
E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except
as allowed under DCC 18.120.040.
(Ord. 2012-022 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord.
2001-016 §2, 2001; Ord. 95-007 §17, 1995; Ord. 93-043 §3, 1993; Ord. 93-004 §1, 1993; Ord. 92-065 §3,
1992; Ord. 92-055 §1, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-020 §1, 1991)
18.16.065. Subzones.
A. Lower Bridge. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
One hundred thirty acres of irrigated land.
B. Sisters/Cloverdale. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Sixty-three acres of irrigated land.
C. Terrebonne. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-five acres of irrigated land.
D. Tumalo/Redmond/Bend. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Twenty-three acres of irrigated land.
E. Alfalfa. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-six irrigated acres.
F. La Pine. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-seven acres of irrigated land.
G. Horse Ridge East. Minimum parcel size for a land division is 320 acres.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §l, 2002; Ord. 2001-016 §2, 2001; Ord.
95-007 §18, 1995; Ord. 92-065 §3, 1992)
18.16.067. Farm Management Plans.
A. Contents. A farm management plan shall consist of the following components:
I. A written description of existing and/or proposed farm uses, including type of crops or livestock,
size and location of areas for each use, and land or soil preparation required.
2. An assessment of the soils, climate and irrigation on the parcel demonstrating that the parcel is
suitable for the current or proposed use outlined in DCC 18.16.067(A)(1).
3. A business plan, including a demonstration that markets exist for the product; estimates of gross
sales or actual gross sales figures; estimated or actual figures concerting necessary expenditures;
and a list of capita! expenditures incurred or projected to be incurred in establishing the farm use on
the parcel.
4. A written description of the fann uses in the area, including acreage, size and type of crop or
livestock raised showing that the proposed plan is representative of similar farm uses, if any, in the
area and will not conflict with the existing agriculture types.
5. For farm uses not currently practiced in the area, an analysis showing that the plan is representative
of the type of agriculture proposed.
B. Conditional approvals.
Chapter 18-16 22 (07/2010)
1. For purposes of land use approval, in instances where at the time of application the subject land is
not currently in farm use, a farm management plan will be deemed to demonstrate current
employment of the land for farm use if:
a. The farm management plan establishes a level of fanning that constitutes a farm use;
b. The farm management plan sets forth specific timelines for the completion of capital
improvements (barns, fencing, irrigation, etc.) and for the establishment of the proposed faun
use on the parcel; and
c. Land use approval is subject to a condition that no building permit for the farm dwelling can be
issued prior to a determination that pursuant to the farm management plan a farm use has been
established on the subject land.
2. For purposes of determining under DCC 18.16.067 that a farm use has been established on the land,
the County shall determine that the farm management plan has been implemented to the extent that
the farm use has achieved the gross faun sales figure required under DCC 18.16.050.
(Ord. 95-007 §19, 1995; Ord. 93-004 §2, 1993; Ord. 92-065 §3, 1992)
18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet
from a property line fronting on a collector street, and 100 feet from a property line fronting on an
arterial street.
13. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property
with side yards adjacent to property currently employed in farm use, and receiving special assessment
for farm use, the side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with
a rear yard adjacent to property currently employed in farm use, and receiving special assessment for
fann use, the rear yard shall be a minimum of 100 feet.
I). In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 2009-014 §I, 2009; Ord. 2008-001 §2, 2008; Ord. 94-008 §16, 1994; Ord. 93-004 §3, 1993; Ord.
92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 89-016 §1, 1989; Ord. 83-037 §8, 1983)
18.16.080. Stream Setbacks.
To permit better light, air, vision, stream pollution control, protection of fish and wildlife areas and
preservation of natural scenic amenities and vistas along streams and lakes, the following setbacks shall
apply:
A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the
ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to
the ordinary high water mark. In those cases where practical difficulties preclude the location of the
facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not
endanger health, the Planning Director or Hearings Body may permit the location of these facilities
closer to the stream or lake, but in no case closer than 25 feet.
13. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water
mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high
water mark.
(Ord. 91-038 §§1 and 2, 1991; Ord. 91-020 §l, 1991)
18.16.090. Rir rock Setback.
Notwithstanding the provisions of DCC 18.16.070, setbacks from rimroek shall be as provided in DCC
18.116.160 or 18.84.090, whichever is applicable.
Chapter 18-16 23 (07/2010)
(Ord. 2009-014 §I, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 §3, 1992; Ord. 91-038 §§I and 2, 1991;
Ord. 86-053 §5, 1986)
Chapter 18-16 24 (07/2010)
EXHIBIT A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Whereas the undersigned hereinafter referred to as "Declarant,' is
owner in fee simple of the property described in Exhibit A attached hereto and by this reference incorporated
herein (the property); and
Whereas, Declarant has received approval to site a manufactured home on the property described herein
pursuant to land use permit No. for an accessory farm dwelling, issued by Deschutes County
pursuant to Section 18.16.050(C) of the Deschutes County Code;
Whereas Section 18.16.050(C)(I)(b)(iii) requires as a condition of approval the recording of a deed
restriction in favor of Deschutes County requiring that any manufactured home sited under said permit be
removed prior to any further conveyance of this property; and
Whereas the Declarant desires to declare his/her intention to create covenants, conditions and restrictions
necessary to effectuate and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and Section
18.16.050(C) of the Deschutes County Code;
Declarant hereby declares that all of the property described in Exhibit A shall be held, sold and conveyed
subject to the following covenants, conditions and restrictions in favor of Deschutes County:
Declarant shall cause to be removed any manufactured home sited on the property described herein
pursuant to Deschutes County land use permit No. for an accessory dwelling prior to any
further conveyance of the property.
Declarant's obligations under this covenant shall not be extinguished by any subsequent conveyance
made in disregard of these covenants, conditions and restrictions.
"{hese covenants, conditions, and restrictions shall in addition run with the land and be binding upon any
of the Declarant's successors in interest should the property be transferred in disregard of this covenant.
It is intended that this covenant shall have the sane effect as a regulation designed to implement the
comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if
Deschutes County fails to take such action, by any person described in ORS 215.188.
These covenants, conditions and restrictions shall be released by the County upon proof that the
requirements set forth herein have been met.
Dated this day of
(notary seal)
(Signature)
Chapter 18-16 25 (07/2010)
Chapter 16.12. ADDRESS NUMBERING
16.12.010. Address Number Assignment Authority.
16.12.020. Procedures and Standards For Assigning New Address Numbers.
16.12.030. Procedures and Standards for Changing Existing Address Numbers.
16.12.040. Posting of Address Numbers.
16.12.010. Address number Assignment Authority.
A. Deschutes County, through its Community Development Department, shall have the authority to and
shall assign address numbers to vacant lots, dwellings and other structures requiring addresses as
provided by DCC 16.12.
B. The County, through its Community Development Department, shall have the authority to and shall
change existing address numbers under the standards set forth in DCC 16.12.
(Ord. 89-010 §1, 1989)
16.12.020. Procedures and Standards for Assigning New Address Numbers.
The procedures for assigning new address numbers are as follows:
A. When a building permit is issued for a new dwelling or other structure on a lot or parcel that does not
have an address, the Community Development Department shall assign an address number based on the
street location of the structure's access and its location in the Deschutes County Grid System.
B. A new dwelling or structure with its access point on a North/South road will be assigned an address
number based on its relationship to the grid system and where the access meets the road.
C. A new dwelling or structure with its access point on an East/West road will be assigned an address
number based on its relationship to the grid system and where the access meets the road.
D. A new dwelling or structure with access on a North/South road will have an even address number
assigned to it if it is on the East side of the road, and an odd address number assigned to it if it is on the
West side of the road.
E. A new dwelling or structure with access on an East/West road will have an even address number
assigned to it if it is on the North side of the road, and an odd address number assigned to it if it is on
the South side of the road. For the areas served by Redmond Fire and Rescue, a new dwelling or
structure with access on an East/West road will have an odd number assigned to it on the North side of
the road and an even number assigned to it on the South side of the road, to the extent possible
consistent with existing addresses in the immediate area.
F. The numbers assigned to new dwellings or structures shall increase sequentially going North on a
North/South road, and shall increase sequentially going East on an East/West road. For the areas served
by Redmond Fire and Rescue, the addresses shall increase going north of Antler Avenue and shall
increase _oin_ south of Antler Avenue. Additional) numbers shall increase •oin• east of 1S1 Street
and shall increase going west of 1st Street.
G. New dwellings or structures on cul-de-sacs shall be numbered in a consecutive alternating sequence
with even and odd numbers, as illustrated in Appendix "B," attached hereto.
H. New dwellings or structures on circles or loops shall be numbered as illustrated in Appendix "C,"
attached hereto.
1. Each new single-family dwelling shall have one address number.
J. New duplexes, triplexes and fourplexes shall be given an address number for each living unit.
K. New apartment complexes, mobile home parks and other multi -unit complexes shall be given an address
number as one dwelling. The owner of each such multi -unit establishment shall assign unit address
numbers in a manner that is acceptable to the Community Development Department.
Chapter 16.12 1
(04/2012)
(Ord. 2012-009 $1,2012 Ord. 89-010 §1, 1989)
16.12.030. Procedures and Standards for Changing Existing Address Numbers.
The provisions of DCC 16.12.020 shall apply. In addition, the following procedures and standards shall
apply to the changing of existing address numbers.
A. The changing of an existing address number may be initiated by the Community Development
Department, or by application by the property owner or any public agency that may be affected by the
address number.
B. All changes in address numbers shall conform to the County Grid System and the standards for address
numbers set forth in DCC 16.12.020. Any application or proposed change not in conformance with
these standards shall be denied.
C. An existing address number may be changed by the Community Development Department if it is not in
conformance with the County Grid System and the standards for address numbers set forth in DCC
16.12.020. Proposed address number changes shall be carried out pursuant to the procedures set forth
in DCC 16.12.030(F) through (I).
D. An application to change an address number shall be made to the Community Development Department
and shall include, at a minimum, the following:
1. Name of applicant;
2. Location of dwelling or structure;
3. Existing address number;
4. Reason for address number change; and
5. Fee, if any, as established by the Board.
E. The Community Development Department shall evaluate any proposed change to determine whether it
conforms to the standards set forth in DCC 16.12.020. If it does not, the application shall be denied. If
the Community Development Department determines that the application is consistent with the
standards set forth in DCC 16.12.020, it shall proceed consistent with the procedures set out in DCC
16.12.030(F) through (I).
F. Notice of a proposed address number change shall be provided to the property owner and occupant.
The notice shall inform the property owner and occupant of the County's intent to change the subject
address 30 days from the date of the notice and the reason for the change. The property owner and
occupant shall be given 10 days from the date of the notice to comment in writing on the proposal.
G. The proposed address change shall become effective 30 days from the date of the notice provided for in
DCC 16.12.030(F), unless the County determines from the comments received in response to the notice
provided under DCC 16.12.030(F) that the proposed change does not conform to the standards set forth
herein.
H. Within 10 days of receipt of timely comments, notice shall be sent to commenting owners or occupants
informing them of whether the proposed address number change was corrected in response to their
comments. In cases where proposed address number changes are corrected in response to comments,
the corrected address number shall become effective as of the effective date proposed in the original
notice of proposed address change, unless the corrected address is the address already in use by the
owner or occupant.
I. The Community Development Department shall notify the offices of the County Clerk, County
Assessor, Road Department, Postmaster and any affected public safety departments of a changed
address number within 30 days of the date the new number becomes effective. In addition, on a
monthly basis, the Community Development Department shall publish a list of changed address
numbers in a newspaper of general circulation designated for the purpose by the Board.
(Ord. 89-010 §1, 1989)
Chapter 16.12 2 (04/2012)
16.12.040. Posting of Address Numbers.
A. General Requirements.
1. All property located outside the incorporated cities of Bend, Redmond and Sisters on which a
structure is located shall display an address number.
2. Such address numbers shall be permanently affixed in a location on the property that is clearly
visible from the road used as the basis for numbering. The numbers shall not be less than three
inches in height, shall be painted upon or affixed to the dwelling or structure in a contrasting and
visible color, and shall comply with zoning or other ordinance standards for signs.
3. In cases where the dwelling or structure is not visible from the access road and where the mailbox is
not located at the end of the access driveway, the applicable fire district or emergency services
agency, if any, shall be contacted to determine another location for address display so that
emergency vehicles can quickly locate the house or building.
4. All construction sites or structures under construction shall display a street address number. The
numbers as displayed shall conform to the requirements in DCC 16.12.040(B) and (C), except that
the numbers may be affixed to a sign visible from the road used as the basis for numbering.
5. Every owner or commercial lessee of any structure shall be responsible for having the address
number displayed thereon in conformance with the requirements of DCC 16.12.040(A).
B. Assigned or Changed Address Numbers. Address numbers assigned or changed by the County under
DCC 16.12 shall comply with the requirements of DCC 16.12.040 in addition to the requirements of
DCC 16.12.040(B)(1).
1. Address numbers assigned or changed by the County must be displayed within 30 days from the
date on which construction begins or on which the address becomes effective, as provided in DCC
16.12.030(G), except that address numbers assigned to sites with new construction shall be
displayed from the start of construction on site.
2. Address numbers assigned by the County to structures erected after the effective date of DCC Title
16 must be permanently displayed before occupancy or use. At the time of final inspection of a
new structure, the building official or his designee shall verify that assigned address numbers have
been affixed as required above.
3. Every owner or commercial lessee shall be responsible for ensuring that the address number as
assigned or changed by the County is displayed in accordance with the requirements of DCC
16.12.040(B).
C. Failure to display an address number in conformance with the requirements set forth in DCC 16.12.040,
or the display of an address number other than one assigned or changed in accordance with the
provisions of DCC 16.12, shall be a violation.
(Ord. 89-010 §1, 1989)
Chapter 16.12 3 (04/2012)
Chapter 16.08. DEFINITIONS
16.08.010. Definitions.
16.08.010. Definitions.
"Address" means:
A. Except as provided in DCC 16.08.010(C), an address shall consist of a five -digit number and a road
name. This address shall be determined at the location where the access driveway intersects a County
road, public way or private road. The address assigned to any empty lot shall be based on the most
probable access location. Properties within Redmond Fire and Rescue boundaries shall be assigned
four -di it address wherever .ossible consistent with the • rid s stem for Redmond.
B. Addresses shall end in an even number on the North and East sides of a road and shall end in an odd
number on the South and West sides of a road. For properties within the Redmond Fire and Rescue
boundaries, addresses for properties on East/West oriented roads will have an odd number assigned to
them on the north side of the road, and an even number assigned to them on the south side of the road
to the extent possible, consistent with existing addresses in the immediate area.
C. An address may be fewer than five digits when the address is assigned on a road that is a continuation of
a city street and the address numbers on the city street are fewer than five digits except as outlined
above for properties within the Redmond Fire and Rescue boundaries..
"Board" means the Deschutes County Board of County Commissioners.
"Commercial lessee" means a lessee occupying a structure or portion of a structure having a separate street
address as defined herein for business purposes under a lease of one-year duration or more.
"County Grid System" means a coordinate system for address numbering which covers all lands within
unincorporated Deschutes County.
A. The address numbers in the grid system shall increase as they traverse North and East from their initial
line at the rate of 400 intervals per section or approximately one interval for every 13 running feet of
road.
B. 011 North/South roads, the addresses shall be numbered in accordance with their location on the grid
system, which begins with 50000 on the South and runs North consecutively to 71600, at the rate of 400
intervals per section.
C On East/West roads, the addresses shall be numbered in accordance with their location on the grid
system, which begins with 7600 on the West and runs consecutively to 48400 at the rate of 400 intervals
per section.
D. The grid system for properties within the Redmond Fire and Rescue boundaries shall be as outlined in
DCC 16.12.020(F).
"County road" means a public road designated by the County as part of the County road maintenance
system.
"Cul-de-sac" or "dead end street" means a short street having one end open to traffic and terminated by a
vehicle turnaround.
"Dwelling" means a building or portion thereof designed or used as the residence or sleeping place for one
or more persons.
"East/West road" means a road that runs predominately East and West. Roads that lie predominately at an
angle greater than 45 degrees from due North or due South shall be numbered as East/West roads.
Chapter 16.08 1 (04/2012)
"Grid lines" are a part of the County Grid System and run West to East and South to North for the entire
width and length of the County. These lines are used as reference points to determine the numerical portion
of an address that is assigned to dwellings or other structures. (See Appendix "A.")
"Initial south line" means the initial South line is the South township line of Township 22 South. This line
is defined as the number 50000 for the purposes of the County Grid System. The address numbers shall
increase South to North at the rate of 400 intervals per section until they reach 71600 at the North boundary
of the County in Township 14 South. The initial South line runs the entire width of the County, West to
East, through Ranges 6 through 23 East of the Willamette Meridian.
"Initial west line" means the initial West line is the West line of Range 7 East of the Willamette Meridian
(the line between Ranges 6 and 7). This line is defined as number 7600 for the purposes of the County Grid
System. The address numbers shall increase West to East at the rate of 400 intervals per section until they
reach 48400 on the furthest Easterly boundary of the County in Range 23 East of the Willamette Meridian.
"North/South road" means a road that runs predominantly North and South. Roads that lie predominantly at
an angle less than 45 degrees from due North or due South shall be numbered as North/South roads.
"Private road" means a private right of way created by a recorded easement or other instrument, not
dedicated to or accepted by the County or other public body, and not designated as part of the County road
maintenance system.
"Public road" means a road over which the public has a right of use that is a matter of public record.
"Structure" means something anything constructed or built, .
of work artificially built up or composed of parts joined together in some definite manner, NS, hich requires
having a fixed base on
or fixed connection to, the ground or another structure.
(Ord. 2012-009 &1, 2012. Ord. 95-064 §1, 1995; Ord. 95-052 §1, 1995; Ord. 89-010 §1, 1989)
Chapter 16.08 2 (04/2012)
Chapter 2.48. DESCHUTES BASIN RESOURCE COMMITTEE
2.48.010. Created.
2.48.020. Purpose of Committee.
2.48.030. Advisory Authority -Scope.
2.48.040. Membership, Staff and Support.
2.48.050. Powers and Responsibilities.
2.48.060. Supporting Findings and Conclusions.
2.48.010. Created.
There is created the Deschutes Basin resource committee.
(Ord. 86-063 §1,1986)
2.48.020. Purpose of Committee.
A. The purpose of the Deschutes Basin resource committee is to recommend to the Board and the Bend
City Commission the means to accomplish the water resources goals and policies contained within the
Deschutes County/City of Bend river study, and to provide an ongoing forum for direction and policy
for maintaining and enhancing the Deschutes River Basin.
B. Because many of the river study goals and policies are beyond the scope of city or County jurisdiction
and require action by state agencies or the Legislature, the committee's purpose also is to review and
monitor state laws and to recommend to the Board and the Bend City Commission changes in such laws
necessary to carry out the goals and policies contained in the river study.
(Ord. 86-063 §1(1), 1986)
2.48.030. Advisory Authority -Scope.
The Deschutes Basin resource committee is an advisory committee charged with making recommendations
to the Board and the Bend City Commission on how to implement the water resources goals and policies of
the river study and other matters dealing with the Deschutes River and its tributaries.
(Ord. 86-063 §1(2), 1986)
2.48.040. Membership, Staff and Support.
A. The Deschutes Basin resource committee shall be made up of the following members, to be appointed
jointly by the Board and the Bend City Commission, and at least one member of which is from Jefferson
County:
1. Two representatives from the irrigation districts;
2. One representative from the Oregon Department of Water Resources;
3. One representative from the Oregon Department of Fish and Wildlife;
4. One representative from non -consumptive water resource users (e.g., re -creators);
5. One representative from a local conservation or environmental organization;
6. One representative from the business community;
7. Two representatives from the public at large.
13. The County and city shall provide adequate staff and material support for the committee.
(Ord. 86-063 §1(3), 1986)
Chapter 2.48 1 (10/2001)
2.48.050. Powers and Responsibilities.
In providing advice and recommendations to the Board and the Bend City Commission, the Deschutes Basin
resource committee should:
A. Request assistance through Bonneville Power Administration's (BPA's) technical assistance program for
technical improvements in methods of irrigation and means of conservation of both water and energy,
and request assistance from the Water Resources Department, Bureau of Reclamation, and the Soil and
Conservation Districts, to initiate an in-depth study and set priority of actions that should be taken to
improve the in'igation districts' delivery system;
B. Review and study of state water laws;
C. Study and make recommendations consistent with the goals and policies of the comprehensive plans
related to water resources;
D. Report to the Board and the city commission at least semiannually.
(Ord. 86-063 §1(4), I986)
2.48.060. Supporting Findings and Conclusions.
The Board adopts as its findings and conclusions supporting the ordinance codified in DCC 2.48 the Staff
Report, dated May 21, 1986, relating to the Deschutes River Corridor.
(Ord. 86-063 §2, 1986)
Chapter 2.48 2 (10/2001)
"Property line adjustment" means the relocation or elimination of a all or a portion of the common
property line between twe abutting properties that does not create an additional lot or parcel.