HomeMy WebLinkAboutEvent Venues DocsCommunity Development Department
Planning Division Building Safety Division Environmental Soils Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
To: Board of County Commissioners
From: Nick lelack, Planning Director
Date: September 7,2011
Re: EFU Commercial Event Text Amendments
BACKGROUND/SUMMARY
On July 13, the Board of Commissioners directed planning staff to conduct work sessions with the
Planning Commission on proposed commercial event venue text amendments. The amendments
would propose standards and criteria to allow events as a private park, via agri-tourism (SB 960) or at
a winery (HB 3280).
Staff conducted three work sessions with the Planning Commission on July 14, August 11 and 25. At
the first work session, Planning Commissioners voted 4-2 to direct staff to initiate a fourth text
amendment to allow event venues as a new Type 4 home occupation. On August 11 and 25, the
Commission generally discussed the first draft of all four text amendments resulting in general
agreements on some concepts and disagreements on others (discussed below). However,
Commissioners did not provide specific direction on anyone provision.
Commissioners requested a joint work session with the Board to gain a clearer understanding of the
Board's goals for the text amendments either (1) prior to initiating the amendments or (2) following the
formal public hearing notice but prior to conducting the public hearings. The reason is that Planning
Commissioners do not want to spend time developing or refining text amendments that are not closely
aligned with the Board's goals for this effort.
Finally, Planning Commissioners generally recommended public hearings occur before both the
Planning Commission and Board. One option discussed was to hold a joint Planning Commission
and Board public hearing followed by separate deliberations.
Staff has revised the draft text amendments submitted to the Planning Commission generally based
on the Commission's discussion. The attached amendments, however, do not reflect the Planning
Commission's recommendation in whole or in part. In addition, the proposed amendments have not
yet been reviewed by County legal counsel.
Quality Services Performed with Pride
PLANNING COMMISSION COMMENTS
The following is a summary of some of the topics discussed by the Planning Commission:
• Commissioners are not in agreement on whether to propose all four text amendments. All
Commissioners support proposing the agri-tourism and winery text amendments, but only about
half of the Commission supports initiating the private park and home occupation text amendments.
• Commissioners appear to all support tying the commercial event venue approvals to the property
owners rather than running with the land. However, staff has noted that conditional use permits
run with the land (e.g., private parks, home occupations), while the new agri-tourism limited use
permits would be tied to the property owners.
• Noise remains the primary issue. Some Commissioners support amending the County's noise
ordinance to establish specific decibel limits to be measured at the property line. Staff has stated
that enforcement of such standards is extremely difficult. Commissioners who support
amendments to the noise ordinance explain that the current noise ordinance does not work for
event venues. It is important to note that the Community Development Dept. does not initiate
amendments to the County's noise ordinance or enforce the ordinance. If changes are proposed
to the Noise Ordinance, the Sheriff's Office should be involved and engaged in that process.
• Some Commissioners believe that only "legitimate complaints" by those who are harmed by the
event venue should be addressed, and not others. How to determine what a "legitimate complaint"
is, however, has not yet been determined.
• A couple of Commissioners stated that commercial events define the culture of Central Oregon
and need to be supported by Deschutes County.
BOARD DIRECTION
Staff seeks direction on the following at this work session:
1. Which event venue text amendments should be proposed?
a. Agri-tourism -SB 960 (allowed on high value and non-high value farmland; required to be
subordinate and incidental to an established farm use)
b. Wineries -HB 3280 (this is now state law whether Deschutes County adopts it or not)
c. Private Parks (requires a conditional use permit under state law; only allowed on non-high
value farmland)
d. Home Occupation Type 4 (allowed on high value and non-high value farmland, must be
incidental to the residential use of the property, proposed to require a conditional use permit).
2. When to initiate the public hearing notice for the proposed text amendments?
a. As soon as possible following this work session (findings still need to be developed).
b. Conduct additional work session(s) prior to initiating the text amendments.
3. Should public hearings occur before both the Board and Planning Commission, or just before the
Board? If the hearings are just before the Board, the Planning Commission will review the text
amendments at work session(s) and provide a recommendation to the Board as required by
Deschutes County Code.
4. When and whether to schedule a joint work session between the Board and Planning Commission
to discuss this issue?
a. Prior to initiating the text amendments
b. After initiating the text amendments, but prior to conducting the first public hearing.
c. No joint work session.
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Chapter 18-16 1 (07/2010)
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.
18.16.042 Agri-Tourism Limited Uses – High Value and Nonhigh Value Farmland.
18.16.044 Standards and Criteria for Agri-Tourism, Commercial Events and Activities, Private
Parks, Home Occupations and Wineries
18.16.050. Standards for Dwellings in the EFU Zones.
18.16.055. Land Divisions.
18.16.060. Dimensional Standards.
18.16.065. Subzones.
18.16.067. Farm Management Plans.
18.16.070. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
18.16.010. Purpose.
A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve
as a sanctuary for farm 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 permitted outright:
A. Farm use as defined in DCC Title 18.
B. Propagation or harvesting of a forest product.
C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction
relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b).
D. Accessory buildings customarily provided in conjunction with 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.
Chapter 18-16 2 (07/2010)
H. Minor betterment of existing public road and highway-related facilities such as maintenance yards,
weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public
owned property utilized to support the operation and maintenance of public roads and highways.
I. Creation, restoration or enhancement of wetlands.
J. 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. 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 permit 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(J)(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 irrigation in connection with a use allowed in
Chapter 18-16 3 (07/2010)
an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the
Department of Environmental Quality under ORS 454.695, 459.205, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246 to
215.251.
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 compressors,
separators and other customary production equipment for an individual well adjacent to the wellhead.
Any activities or construction relating to such operations shall not be a basis for an exception under
ORS 197.732(2)(a) or (b).
R. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16.
(Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord.
2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065
§3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4, 1991;
Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord. 81-001 §1, 1981)
18.16.025. 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 (farm-related dwellings), subject to DCC
18.16.050.
B. A relative farm assistance dwelling, subject to DCC 18.16.050.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, 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 the approval of an exception pursuant to
ORS 197.732 and OAR chapter 660, division 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.
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 18.16.038(A).
G. Winery, as described in ORS 215.452.
H. Farm stands, subject to DCC 18.16.038.
I. 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 farm crops, or the production of biofuel as defined in ORS 315.141, that
is located on a farm operation that provides at least one-quarter of the farm 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 farm 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. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004)
Chapter 18-16 4 (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. Nonfarm dwelling.
B. Lot of record dwelling.
C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings.
D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in
conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the
existing resident or a relative of the resident.
E. A 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.
I. 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), for the purpose of generating power for public use by sale.
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 Occupations Types 1-3, subject to DCC 18.116.280.
1. The home occupation shall:
a. be operated substantially in the dwelling or other buildings normally associated with uses
permitted in the EFU zone;
b. be operated by a resident or employee of a resident of the property on which the business is
located; and
c. employ on the site no more than five full-time or part-time persons.
2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone.
3. Home Occupation Type 4, subject to DCC 18.16.044, DCC 18.116.280, and DCC 18.128.
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 farm 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 5 (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.
1. Insect species shall not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture.
2. The county shall provide notice of all applications under this section to the State Department of
Agriculture.
3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar
days prior to any administrative decision or initial public hearing on the application.
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 farm use.
(Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord.
2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-025 §1, 1995; Ord. 95-007
§11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §2, 1991; Ord. 91-020 §1, 1991; Ord.
91-014 §1, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §1, 1990; Ord. 90-014 §§23 and 31, 1991; Ord. 87-013
§1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983)
18.16.031. Conditional Uses on Nonhigh Value Farmland Only.
The following uses may be allowed only on tracts in the Exclusive Farm 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.
Chapter 18-16 6 (07/2010)
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 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 ORS 459.245 and OAR 340-96-020. 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 loads of at least one unit (7.5 cubic yards) in size that are
transported in one vehicle.
E. Private parks, including commercial events subject to DCC 18.16.044, DCC 18.124, and DCC 18.128,
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. 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.
B. Maintenance, enhancement or expansion of a site described in 18.16.031 (B) 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 1, 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 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §13, 1995)
18.16.035. Destination Resorts.
Destination resorts may be allowed, where mapped, as a conditional use, subject to all applicable standards
of the Destination Resort Zone.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 § 3, 1992; Ord. 92-004 § 3, 1992)
18.16.037. Guest Ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock operation,
using accepted livestock practices that qualifies as a farm use under DCC 18.04.030, subject to the
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.
B. “Guest ranch” means a facility for overnight guest lodging units, including passive recreational
activities and food services, as set forth in ORS 215 that are incidental and accessory to an existing
livestock operation that qualifies as a farm use under DCC 18.04.030.
Chapter 18-16 7 (07/2010)
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 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. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2001-043 §1, 2001; Ord. 98-056 §1, 1998)
Note: DCC 18.16.037 will be repealed January 2, 2012 (Ord. 2010-017 §1, 2010).
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
A. A utility facility necessary for public use allowed under 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 alternatives have been considered and that
the facility must be sited in an exclusive farm use zone due to one or more of the following factors:
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 farm use in order to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and nonresource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may
not be the only consideration in determining that a utility facility is necessary for public service.
Land costs shall not be included when considering alternative locations for substantially similar
utility facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible for restoring, as
nearly as possible, to its former condition any agricultural land and associated improvements that
are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the
facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a contractor the responsibility for
restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as
defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions
of OAR 660-011-0060.
10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by
and subject to regulation by the Federal Energy Regulatory Commission.
11. The County shall impose clear and objective conditions on an application for utility facility siting to
mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to
farm use, in order to prevent a significant change in accepted farm practices or a significant increase
in the cost of farm practices on surrounding farmlands.
B. Wineries are subject to the following:
A winery, authorized under DCC 18.16.025 and subject to DCC 18.16.044(B), 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;
Chapter 18-16 8 (07/2010)
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 the winery:
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).
3. A winery may:
a. Market and sell wine produced in conjunction with the winery, including the following
activities:
1. Wine tours;
2. Wine tastings in a tasting room or other location at the winery;
3. Wine clubs; and
4. Similar activities conducted for the primary purpose of promoting wine produced in
conjunction with the winery;
b. Market and sell items directly related to the sale or promotion of wine produced in conjunction
with the winery, the marketing and sale of which is incidental to retail sale of wine on-site,
including food and beverages served by a limited service restaurant, as defined in ORS
624.010[.]; and
c. Provide services, including private events, hosted by the winery or patrons of the winery, at
which wine produced in conjunction with the winery is featured, that:
1. Are directly related to the sale or promotion of wine produced in conjunction with the
winery;
2. Are incidental to the retail sale of wine on-site; and
3. Are limited to 25 days or fewer in a calendar year.
4. The gross income of the winery from the sale of incidental items pursuant to subsection (3)(b) of
this section and services provided pursuant to subsection (3)(c) of this section may not exceed 25
percent of the gross income from the on-site retail sale of wine produced in conjunction with the
winery. The winery shall submit to the Deschutes County Community Development Department a
written statement, prepared by a certified public accountant, that certifies compliance with this
section for the previous tax year by April 15 of each year in which private events are held.
5. A winery operating under this section shall provide parking for all activities or uses of the lot, parcel
or tract on which the winery is established.
Chapter 18-16 9 (07/2010)
6. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show
that vineyards described in subsections 1. and 2. of this section have been planted or that the
contract has been executed, as applicable.
7. The siting of a winery shall be subject to the following standards for the sole purpose of limiting
demonstrated conflicts with accepted farming or forest practices on adjacent lands:
a. Establishment of a setback of at least 100 feet from all property lines for the winery and all
public gathering places.
b. Shall comply with DCC Chapter 18.80, Airport Safety Combining Zone, and DCC 18.116.180,
Building Setbacks for the Protection of Solar Access.
8. A permit may be issued only for a winery operating under this section to host outdoor concerts for
which admission is charged, facility rentals or celebratory events if the permits were issued to
wineries operating under this section in similar circumstances before July 31, 2011.
9. As used in this section, “private events” includes, but is not limited to, facility rentals and
celebratory gatherings.
C. Farm stands are subject to the following:
1. The structures are designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the local agricultural area,
including the sale of retail incidental items and fee-based activity to promote the sale of farm crops
or livestock sold at the farm stand, if the annual sales of the incidental items and fees from
promotional activity do not make up more than 25 percent of the total annual sales of the farm
stand; and
2. The farm stand does not include structures designed for occupancy as a residence or for activities
other than the sale of farm crops or livestock, and does not include structures for banquets, public
gatherings or public entertainment.
3. As used in this section, “farm crops or livestock” includes both fresh and processed farm crops and
livestock grown on the farm operation, or grown on the farm operation and other farm operations in
the local agricultural area.
4. As used in this subsection, “processed crops and livestock” includes jams, syrups, apple cider,
animal products and other similar farm crops and livestock that have been processed and converted
into another product but not prepared food items.
5. As 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 farm stand is
located.
D. A site for the takeoff and landing of model aircraft is subject to the following:
1. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent
foundation unless the building 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 farm 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 farm uses.
Chapter 18-16 10 (07/2010)
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. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004, Ord.
2011-XXX)
18.16.040. Limitations on Conditional Uses.
A. Conditional uses permitted by DCC 18.16.030 may be established subject to ORS 215.296 and
applicable provisions in DCC 18.128 and upon a finding by the Planning Director or Hearings Body
that the proposed use:
1. Will not force a significant change in accepted farm or forest practices as defined in ORS
215.203(2)(c) on adjacent lands devoted to farm or forest uses; and
2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use; and
3. That the actual site on which the use is to be located is the least suitable for the production of farm
crops or livestock.
B. A commercial activity allowed under DCC 18.16.030(F) shall be associated with a farm use occurring
on the parcel where the commercial use is proposed. The commercial activity may use, process, store or
market farm products produced outside of Deschutes County.
C. A power generation facility that is part of a commercial utility facility for the purpose of generating
power for public use by sale identified in DCC 18.16.030(L) and:
1. That is located on high-value farmland 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 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.
D. 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.
E. 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.
F. 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 batching and blending is filed.
G. 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.
H. An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall comply with the
definition of "golf course" set forth in DCC Title 18 and the provisions of DCC 18.16.040(A).
Chapter 18-16 11 (07/2010)
I. 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.
J. 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 Department of
Agriculture that the soil class, soil rating or other soil designation should be changed; and
3. Submits a statement from the State 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.
K. Except on a lot or parcel contiguous to a lake or reservoir, a private campground shall not be allowed
within three miles of an urban growth boundary unless an exception is approved pursuant to ORS
197.732 and OAR chapter 660, division 004.
a. A private campground may provide yurts for overnight camping. No more than one-third or a
maximum of 10 campsites, whichever is smaller, may include a yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this paragraph, “yurt” means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
d. A campground shall be designed and integrated into the rural agricultural and forest environment in
a manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
L. A living history museum shall be related to resource based activities and be owned and operated by a
governmental agency or a local historical society.
a. A living history museum may include limited commercial activities and facilities that are directly
related to the use and enjoyment of the museum and located within authentic buildings of the
depicted historic period or the museum administration building, if areas other than an exclusive
farm use zone cannot accommodate the museum and related activities, or if the museum
administration buildings and parking lot are located within one-quarter mile of an urban growth
boundary.
b. As used in this paragraph, a “living history museum” means a facility designed to depict and
interpret everyday life and culture of some specific historic period using authentic buildings, tools,
equipment and people to simulate past activities and events; and “local historical society” means the
local historic society recognized by the County and organized under ORS Chapter 65.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2, 2004; Ord.
98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §1 and
2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991)
18.16.042 Agri-Tourism Limited Uses – High Value and Nonhigh Value Farmland.
A. Agri-tourism means a commercial enterprise at a working farm or ranch, operated in conjunction with
the primary farm or ranch use, conducted for the enjoyment and/or education of visitors, that
promotes successful agriculture, generates supplemental income for the owner and complies with
Oregon Statue and Rule.
B. Up to six agri-tourism and other commercial events or activities in a calendar year on a tract may be
approved by a limited use permit for two calendar years that is personal to the applicant and is not
transferred by, or transferred with, a conveyance of the tract. The agri-tourism or other commercial
events or activities:
1. Must be incidental and subordinate to existing farm use of the tract.
2. May not, individually, exceed a duration of 72 consecutive hours.
Chapter 18-16 12 (07/2010)
3. Must comply with ORS 215.296.
4. Must comply with DCC 18.16.046, DCC 18.16.048, and 18.124.
5. May be renewed for an additional two years based on:
a. An application for renewal.
b. Compliance with this section, DCC 8.08, DCC 18.16.046, DCC 18.16.048, DCC 18.124.
c. Compliance with conditions that apply to the agri-tourism limited use permit.
C. In addition to DCC 18.16.042(B), agri-tourism or other commercial events or activities may occur more
frequently or for a longer period subject to:
1. Are incidental and subordinate to existing commercial farm use of the tract and are necessary to
support the commercial farm uses or the commercial agricultural enterprises in the area;
2. Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size; and
3. Limited to 18 calendar days per calendar year, exclusive of set-up and take-down activities.
4. May be renewed for additional four years intervals based on:
a. An application for renewal;
b. Public notice and public comment as part of the review process;
c. Compliance with this section, DCC 8.08, DCC 18.16.046, DCC 18.16.048, DCC 18.124; and
d. Compliance with conditions that apply to the agri-tourism limited use permit.
(Ord. 2011-XXX §1, 20XX)
18.16.044 Standards and Criteria for Agri-Tourism, Commercial Events and Activities, Private
Parks, Home Occupations and Wineries
A. General standards and criteria applicable to Agri-tourism, Commercial Events and Activities, Private
Parks, and Home Occupations. Wineries are not subject to the general standards and criteria of this
section.
1. Definitions:
a. Agri-tourism, commercial event, or commercial activity means any meeting, celebratory
gathering or similar commercial uses consisting of any assembly of persons for any duration
that is held on private property and for which the owner of private property receives
compensation to allow the gathering or activity to occur on the property.
b. An event venue means a property used to host commercial events.
c. A permanent structure means any conventional structure not otherwise classified as a temporary
structure.
d. A temporary structure or facility means any non-permanent structure or sanitation facility,
which includes tents, trailers, chemical toilet facilities and other non-permanent structures
customarily erected or sited for temporary use.
2. An application to conduct commercial events shall identify the types of commercial events that are
authorized during each calendar year, including the number and duration of the agri-tourism or
other commercial events, the anticipated daily attendance and the hours of operation.3. Set-up
and take down of all temporary structures and facilities shall occur up to one business day prior to
the event or activity and one business day after the event or activity between 7:00 a.m. and 7:00
p.m.
4. The agri-tourism or other commercial event and activities owner is required to submit in writing
the list of calendar days scheduled for commercial events and activities in writing by April 1 of
the subject calendar year to Deschutes County’s Community Development Department and
Sheriff’s Office, and all property owners within 500 feet of the subject property. The agri-tourism
or other commercial events and activities operator may amend the list of calendar dates, and is
required to submit the amended list to the same entities within 72 hours of any date change.
5. The siting of commercial event shall be subject to the following criteria:
a. Identify the types and locations of all permanent and temporary structures, access and egress,
and parking facilities to accommodate the maximum anticipated daily attendance at commercial
events.
Chapter 18-16 13 (07/2010)
b. The Planning Director or Hearings Body may require landscaping, berming, fencing, or other
noise or sight obscuring mechanism to ensure effective screening to minimize potential off-site
impacts.
c. May not, in combination with other agri-tourism or other commercial events or activities
authorized in the area, materially alter the stability of the land use pattern in the area, nor
displace any existing farming activity on the subject or adjacent properties, and comply with
DCC 18.16.040(1-3).
d. May not require that a new permanent structure be built, used or occupied in connection with
the agri-tourism or other commercial events or activities.
B. Public Health and Safety Standards and Criteria Applicable to Agri-tourism, Commercial Events and
Activities, Private Parks, Home Occupations and Wineries:
1. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including set-up
and take-down activities of temporary structures. Overnight camping is not allowed. Sanitation
facilities shall include, at a minimum, portable restroom facilities and stand-alone hand washing
stations.
2. Sound amplification outside of fully enclosed permanent structures shall:
A. Not begin before 8:00 a.m. or end after 8:00 p.m.
B. Be in compliance at all times with DCC 8.08, Noise Control.
C. Not allowed within 250 feet of a dwelling on an adjoining property.
3. A traffic management plan shall be submitted with the application and shall address traffic at
impacted roads and intersections, and on-site and:
A. Include the projected number of vehicles and any anticipated use of public roads.
B. Must demonstrate that traffic control is in compliance with the current Manual on Traffic
Control Devices standards.
C. Any flaggers shall be certified by the State of Oregon.
D Demonstrate that the parcel, lot or tract has direct access. Direct access means that the lot,
parcel or tract on which commercial events will occur:
1. Fronts on a public road; or
2. Is accessed by an access easement or private road, and all underlying property owners and
property owners taking access between the subject property and the public road consent in
writing to the use of the road for commercial events at the time of initial application..
4. Sight distance and roadway widths shall be adequate for the proposed use. Driveways extending
from paved roads shall have a paved apron, requiring review and approval by the County Road
Department.
5. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and
may include paving, gravel, cinders, or bark/wood chips.
6. All permanent and temporary structures and facilities are subject to fire, health and life safety
requirements, and shall comply with all requirements of the Deschutes County Building Safety
Division and the Environmental Soils Division and any other applicable federal, state and local
laws. Compliance with the requirements of the Deschutes County Building Safety Division shall
include meeting all building occupancy classification requirements of the State of Oregon adopted
building code.
7. The maximum number of commercial events on a lot, parcel or tract may not exceed the total
number of commercial allowed by any individual land use approval, including events authorized
under DCC Chapter 8.16. Event permits cannot be combined.
(Ord. 2011-XXX §1, 20XX)
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
Chapter 18-16 14 (07/2010)
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 farm 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 home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is at least as large as the median size of those commercial farm or ranch
tracts capable of generating at least $10,000 in annual gross sales that are located within a
study area that includes all tracts wholly or partially within one mile of the perimeter of the
subject tract;
ii. The subject tract is capable of producing at least the median level of annual gross sales of
County indicator crops as the same commercial farm or ranch tracts used to calculate the
tract size in DCC 18.16.050(A)(2)(a)(i);
iii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and
which is evidenced by a farm management plan, at a level capable of producing the annual
gross sales required in DCC 18.16.050(A)(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 farm use capable of meeting the median
income test.
iv. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size;
v. There is no other dwelling on the subject tract, 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
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.
Chapter 18-16 15 (07/2010)
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is currently employed for a farm use that produced $32,500 in gross
annual income in the last two years or 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 income, the cost of purchased livestock shall be deducted from the total
gross income attributed to the tract.
c. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties
may be used to meet the gross income requirements.
d. Only gross income from land owned, not leased or rented, shall be counted; and gross farm
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.
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
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 farm dwellings, relative
farm assistance dwellings, temporary hardship dwellings or replacement dwellings
allowed under ORS Chapter 215; and
b. The use of any gross farm 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 home in accordance with DCC 18.116.070, may be considered customarily
provided in conjunction with farm use if:
1. The subject lot or parcel is currently employed for the farm use as defined in DCC 18.04.030 that
produced at least $80,000 in gross annual income from the sale of farm products in the last two
years or three of the last five years, 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 income, the
cost of purchased livestock shall be deducted from the total gross income attributed to the tract;
2. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
3. The dwelling will be occupied by a person or persons who produced the commodities which
grossed the income under DCC 18.16.050(B)(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 income requirements;
5. Only gross income from land owned, not leased or rented, shall be counted; and gross farm 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 income
Chapter 18-16 16 (07/2010)
requirements, the applicant shall provide evidence that the covenants, conditions and restrictions
form attached to Chapter 18.16, has been recorded with the county clerk. The covenants, conditions
and restrictions shall be recorded for each lot or parcel subject to the application for primary farm
dwelling and shall preclude:
a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm
assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS
Chapter 215; and
b. The use of any gross farm income earned on the lots or parcels to qualify another lot or parcel
for a primary farm dwelling.
C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070,
is considered to be an accessory farm dwelling customarily provided in conjunction with farm use
when:
1. The accessory dwelling meets the following criteria:
a. The accessory farm dwelling will be occupied by a person or persons who will be principally
engaged in the farm use of the land and whose seasonal or year-round assistance in the
management of the farm use, such as planting, harvesting, marketing or caring for livestock, is
or will be required by the farm operator; and
b. The accessory farm dwelling will be located:
i. On the same lot or parcel as the primary farm dwelling; or
ii. On the same tract as the primary farm dwelling when the lot or parcel on which the
accessory farm dwelling will be sited is consolidated into a single parcel with all other
contiguous lots and parcels in the tract; or
iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is limited to only a manufactured home and a deed restriction substantially in
compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County
Clerk. The deed restriction shall require the manufactured dwelling to be removed when
the lot or parcel is conveyed to another party. The manufactured home may remain if it is
reapproved under DCC 18.16.050; or
iv. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot
size under DCC 18.16.065 and the lot or parcel complies with the gross farm income
requirements in DCC 18.16.050(A)(3) or (B)(1), whichever is applicable; and
c. There is no other dwelling on land zoned EFU owned by the farm operator that is vacant or
currently occupied by persons not working on the subject farm or ranch and that could
reasonably be used as an accessory farm dwelling; and
2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the
following:
a. On land not identified as high-value farmland, the primary farm dwelling is located on a farm
or ranch operation that is currently employed in farm use and produced $32,500 in gross annual
sales in the last two years or three of the last five years. In determining gross income, the cost
of purchased livestock shall be deducted from the total gross 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 income from the sale of farm products in the last two years or three of the last five years.
Gross income shall be calculated by deducting the cost of purchased livestock from the total
gross income attributed to the tract; and
3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be
approved for a division of land except as provided for in DCC 18.16.055(B).
4. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the
requirements for a nonfarm dwelling pursuant to DCC 18.16.050(G).
D. Relative farm assistance dwelling.
Chapter 18-16 17 (07/2010)
1. A dwelling listed in DCC 18.16.030(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 farm operator, and is
occupied by a relative of the farm operator or farm operator’s spouse, including a grandparent,
step-grandparent, grandchild, parent, step-parent, child, 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 farm use.
1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements
under ORS 215.780, if the owner of a dwelling described in this subsection obtains
construction financing or other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined
in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create
a new parcel.
2. Prior conditions of approval for the subject land and dwelling remain in effect.
3. For purposes of this subsection, “Foreclosure” means only those foreclosures that are
exempt from partition 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
farm operator, and verifying the farm operator’s continued residence on the property and the
predominant role the farm operator continues to play in the management and farm use of the
farm.
2. A manufactured home permitted under 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.
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 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. By devise or by intestate succession from a person who acquired and owned continuously
the lot or parcel prior to January 1, 1985.
Chapter 18-16 18 (07/2010)
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 will be approved on high value farmland when all of the following
requirements are met:
a. The requirements set forth in DCC 18.16.050(E)(1)(a) through (f), as determined by the
County; and
b. The requirements of Oregon Administrative Rules 660-33-130(3)(c)(C), as determined by the
County hearings officer.
2. Applicants under DCC 18.16.050(F) shall make their application to the County. The County shall
notify the State Department of Agriculture at least 20 calendar days prior to the public hearing
under DCC 18.16.050(F)(1)(b).
3. Applicants under DCC 18.16.050(F) shall be subject to such other procedural requirements as are
imposed 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.
1. One single-family dwelling, including a manufactured home in accordance with DCC
18.116.070, not provided in conjunction with farm use, may be permitted on an existing lot or
parcel subject to the following criteria:
a. The Planning Director or Hearings Body shall make findings that:
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
Chapter 18-16 19 (07/2010)
merchantable tree species, considering the terrain, adverse soil or land conditions, drainage
and flooding, vegetation, location and size of the tract.
iv. The proposed nonfarm dwelling is not within one-quarter mile of a dairy farm, feed lot or
sales yard, unless adequate provisions are made and approved by the Planning Director or
Hearings Body for a buffer between such uses. The establishment of a buffer shall be
designed based upon consideration of such factors as prevailing winds, drainage, expansion
potential of affected agricultural uses, open space and any other factor that may affect the
livability of the nonfarm-dwelling or the agriculture of the area.
Road access, fire and police services and utility systems (i.e., electrical and telephone) are
adequate for the use.
v. The nonfarm dwelling shall be located on a lot or parcel created prior to January 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 farm or forest use in conjunction with other land.
If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable
land for the production of merchantable tree species recognized by the Forest Practices Rules,
considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation,
location and size of the parcel.
b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too
small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold,
leased, rented or otherwise managed as part of a commercial farm or ranch, it is not "generally
unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is
composed predominantly of Class I-VI soils. Just because a lot or parcel or portion of a lot or
parcel is unsuitable for one farm use does not mean it is not suitable for another farm use. If the
parcel is under forest assessment, the area is not "generally unsuitable" simply because it is too
small to be managed for forest production profitably by itself.
c. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a
part of a forestry operation, it is not "generally unsuitable." If a lot or parcel is under forest
assessment, it is presumed suitable if it is composed predominantly of soil capable of producing
20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be
found compatible and not seriously interfere with forest uses on surrounding land it must not
force a significant change in forest practices or significantly increase the cost of those practices
on the surrounding land.
3. Loss of tax deferral. Except as provided in 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 Assessor's office that the parcel upon which
the dwelling is proposed has been disqualified under ORS 308A.113 or ORS 308A.116 for special
assessment at value for farm use under ORS 308A.062 or other special assessment under ORS
308A.068, 321.352, 321.730 or 321.815 and that any additional tax or penalty imposed by the
County Assessor as a result of disqualification has been paid.
H. Temporary hardship dwelling.
1. A temporary hardship dwelling listed in DCC 18.16.030 is allowed 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
Chapter 18-16 20 (07/2010)
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. Permits 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(H), the term "hardship" means a medical hardship or hardship for the
care of an aged or infirm person or persons.
4. As used in 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)(1-2) 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
Body 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 farm or forest use;
c. Will not significantly increase the cost of accepted farm 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
18.16.050(I) shall also apply. Unless prior to approval of a conditional use permit for a wildlife
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(G)(3).
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-0020 §1, 2004; Ord. 2004-013 §2, 2004; Ord.
2004-001 §2, 2004; Ord. 98-033 §1, 1998; Ord. 98-030 §1, 1998; Ord. 95-007 §15, 1995; Ord. 94-026 §1,
1994; Ord. 92-065 §3, 1992; Ord. 91-038 §§2 and 3, 1991; Ord. 91-020 §1, 1991)
18.16.055. Land Divisions.
A. General. A division of land in the exclusive 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
Chapter 18-16 21 (07/2010)
permitted by DCC 18.16.030 other than a dwelling. An irrigated land division is subject to subsection B
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.
B. Irrigated land division.
1. 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(G) for the dwelling shall be met;
iv. No minimum lot size shall be required for the nonfarm parcel.
v. The parcel for the nonfarm dwelling 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. 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(G) 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.
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(G) for the dwellings shall be met;
iv. The minimum size for the nonfarm parcels is 5 acres.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
vi. Be located outside of the Horse Ridge East subzone.
Chapter 18-16 22 (07/2010)
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 1, 2001;
ii. Parcels are not capable of producing more than 20 cubic feet per acre per year of wood
fiber;
iii. Parcels are composed of at least 90 percent Class VII and VIII soils, or are composed of at
least 90 percent Class VI through VIII soils and are not capable of producing adequate
herbaceous forage for grazing livestock;
iv. Parcels shall not have established water rights for irrigation;
v. All standards established under 18.16.050(G) for the dwellings shall be met;
vi. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not
be considered unsuitable based solely on size or location if the parcel can reasonably be put to
farm or forest use in conjunction with other land
vii. The minimum parcel size is 5 acres;
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 18.16.030 other than a dwelling. Such divisions shall be subject
to the minimum parcel size requirements of DCC 18.16.060(C) and the applicable partitioning
standards, including the general partition standards set forth in DCC 17.22, the Subdivision and
Partition Ordinance.
(Ord. 2009-014 §1, 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(C).
C. The minimum parcel size for all other uses permitted by DCC 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. 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:
Chapter 18-16 23 (07/2010)
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 §1, 2002; Ord. 2001-016 §2, 2001; Ord.
95-007 §18, 1995; Ord. 92-065 §3, 1992)
18.16.067. Farm Management Plans.
A. Contents. A farm management plan shall consist of the following components:
1. A written description of existing and/or proposed farm uses, including type of crops or livestock,
size and location of areas for each use, and land or soil preparation required.
2. An assessment of the soils, climate and irrigation on the parcel demonstrating that the parcel is
suitable for the current or proposed use outlined in DCC 18.16.067(A)(1).
3. A business plan, including a demonstration that markets exist for the product; estimates of gross
sales or actual gross sales figures; estimated or actual figures concerning necessary expenditures;
and a list of capital expenditures incurred or projected to be incurred in establishing the farm use on
the parcel.
4. A written description of the farm 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.
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 farming 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 farm
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 farm sales figure required under DCC 18.16.050.
(Ord. 95-007 §19, 1995; Ord. 93-004 §2, 1993; Ord. 92-065 §3, 1992)
18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet
from a property line fronting on a collector street, and 100 feet from a property line fronting on an
arterial street.
Chapter 18-16 24 (07/2010)
B. 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
farm use, the rear yard shall be a minimum of 100 feet.
D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 94-008 §16, 1994; Ord. 93-004 §3, 1993; Ord.
92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 89-016 §1, 1989; Ord. 83-037 §8, 1983)
18.16.080. Stream Setbacks.
To 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.
B. 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 §1, 1991)
18.16.090. Rimrock Setback.
Notwithstanding the provisions of DCC 18.16.070, setbacks from rimrock shall be as provided in DCC
18.116.160 or 18.84.090, whichever is applicable.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991;
Ord. 86-053 §5, 1986)
Chapter 18-16 25 (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)(1)(b)(iii) requires as a condition of approval the recording of a deed
restriction in favor of Deschutes County requiring that any manufactured home sited under said 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.
These covenants, conditions, and restrictions shall in addition run with the land and be binding upon any
of the Declarant’s successors in interest should the property be transferred in disregard of this covenant.
It is intended that this covenant shall have the same effect as a regulation designed to implement the
comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if
Deschutes County fails to take such action, by any person described in ORS 215.188.
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 ___________.
_____________________________
(Signature)
(notary seal)