HomeMy WebLinkAboutHome Occupation DocsChapter 18.116 (7/2010)
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.010. Authorization of Similar Uses.
18.116.020. Clear Vision Areas.
18.116.030. Off-Street Parking and Loading.
18.116.031. Bicycle Parking.
18.116.035. Bicycle Commuter Facilities
18.116.036 Special Parking Provisions for the Sunriver Town Center District
18.116.040. Accessory Uses.
18.116.050. Manufactured Homes.
18.116.070. Placement Standards for Manufactured Homes.
18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot.
18.116.090. A Manufactured Home or RV as a Temporary Residence for Medical
Condition.
18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot.
18.116.100. Building Projections.
18.116.200. Repealed.
18.116.120. Fences.
18.116.130. Hydroelectric Facilities.
18.116.140. Electrical Substations.
18.116.150. Endangered Species.
18.116.160. Rimrock Setbacks Outside of LM Combining Zone.
18.116.170. Solar Height Restrictions.
18.116.180. Building Setbacks for the Protection of Solar Access.
18.116.190. Solar Access Permit.
18.116.200. Repealed.
18.116.210. Residential Homes and Residential Facilities.
18.116.215. Family Childcare Provider.
18.116.220. Conservation Easements on Property Adjacent to Rivers and
Streams-Prohibitions.
18.116.230. Standards for Class I and II Road Projects.
18.116.240. Protection of Historic Sites.
18.116.250. Wireless Telecommunications Facilities.
18.116.260. Rock Crushing Outside the SM Zone.
18.116.270. Conducting Filming Activities in All Zones.
18.116.280. Home Occupations.
18.116.290. Amateur Radio Facilities
18.116.010. Authorization of Similar Uses.
A. The purpose of DCC 18.116.010 is to, consistent with provisions of state law, provide for land
uses not specifically listed in any zone, but which are similar in character, scale, impact and
performance to a permitted or conditional use specified in a particular zone.
B. Review Criteria. A similar use may be authorized by the Planning Director or Hearings Body
provided that the applicant establishes that the proposed use meets the following criteria:
1. The use is not listed specifically in any zone;
2. The use is similar in character, scale, impact and performance to one or more of the
permitted or conditional uses listed for the zone in which it is proposed; and
Chapter 18.116 (7/2010)
3. The use is consistent with any applicable requirements of state law with respect to what
uses may be allowed in the particular zone in question.
Any similar use authorized by the Planning Director or Hearings Body shall conform to
the applicable standards and requirements of the zone in which it is located, including any
requirements for conditional use review set forth in DCC 18.128.
C. Procedure:
1. A property owner may initiate a request for authorization of a similar use by filing an
application with the Planning Division on forms prescribed by the division.
2. The Planning Director or Hearings Body shall consider a request for authorization of a
similar use under the requirements of Title 22, the Deschutes County Uniform
Development Procedures Ordinance.
(Ord. 91-038 §3, 1991)
18.116.020. Clear Vision Areas.
A. In all zones, a clear vision area shall be maintained on the corners of all property at the
intersection of two streets or a street and a railroad. A clear vision area shall contain no
planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-
half feet in height, measured from the top of the curb or, where no curb exists, from the
established street centerline grade, except that trees exceeding this height may be located in this
area provided all branches and foliage are removed to a height of eight feet above the grade.
B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of
two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines
adjoining the street or railroad measured from the corner to a distance specified in DCC
18.116.020(B)(1) and (2). Where lot lines have rounded corners, the specified distance is
measured from a point determined by the extension of the lot lines to a point of intersection.
The third side of the triangle is the line connecting the ends of the measured sections of the
street lot lines. The following measurements shall establish clear vision areas within the
County:
1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at
intersections including an alley, 10 feet.
2. In all other zones, the minimum distance shall be in relationship to street and road right of
way widths as follows:
Right of way Width Clear vision
80 feet or more 20 feet
60 feet 30 feet
50 feet and less 40 feet
(Ord. 91-020 §1, 1991)
18.116.030. Off-street Parking and Loading.
A. Compliance. No building or other permit shall be issued until plans and evidence are presented
to show how the off-street parking and loading requirements are to be met and that property is
and will be available for exclusive use as off-street parking and loading. The subsequent use of
the property for which the permit is issued shall be conditional upon the unqualified
continuance and availability of the amount of parking and loading space required by DCC Title
18.
B. Off-Street Loading. Every use for which a building is erected or structurally altered to the
extent of increasing the floor area to equal a minimum floor area required to provide loading
space and which will require the receipt or distribution of materials or merchandise by truck or
Chapter 18.116 (7/2010)
similar vehicle, shall provide off-street loading space on the basis of minimum requirements as
follows:
1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square
feet or more shall provide truck loading or unloading berths subject to the following table:
Sq. Ft. of Floor Area No. of Berths Required
Less than 5,000 0
5,000-30,000 1
30,000-100,000 2
100,000 and Over 3
2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and
colleges, public buildings, recreation or entertainment facilities and any similar use which
has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or
unloading berths subject to the following table:
Sq. Ft. of Floor Area No. of Berths Required
Less than 30,000 0
30,000-100,000 1
100,000 and Over 2
3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance
of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the
required length of these berths shall be increased.
4. If loading space has been provided in connection with an existing use or is added to an
existing use, the loading space shall not be eliminated if elimination would result in less
space than is required to adequately handle the needs of the particular use.
5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used
for loading and unloading operations except during periods of the day when not required to
take care of parking needs.
C. Off-Street Parking. Off-street parking spaces shall be provided and maintained as set forth in
DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be
provided at the time a new building is hereafter erected or enlarged or the use of a building
existing on the effective date of DCC Title 18 is changed.
D. Number of Spaces Required. Off-street parking shall be provided as follows:
1. Residential.
Use Requirements
One, two and three
family dwellings
2 spaces per dwelling unit
Multi-family dwelling
containing four or more
dwelling units:
Studio or efficiency
unit
0.75 space per unit
1 bedroom 1.00 space per unit
2 bedroom 1.50 space per unit
3 bedroom 2.25 space per unit
4 bedroom 2.50 space per unit
Apartment/hotel,
rooming or boarding
0.50 space guest parking per
dwelling unit
Chapter 18.116 (7/2010)
Use Requirements
house
Quad or quint dwelling 4.50 spaces per quad and
5.50 spaces per quint
2. Commercial Residential.
Use Requirements
Hotel 1 space per guest room plus
1 space per 2 employees.
Motel 1 space per guest room or
suite plus 1 additional space
for the owner-manager
Club or lodge Spaces to meet the
combined requirements of
the uses being conducted
such as hotel, restaurant,
auditorium, etc.
Fraternity, sorority or
dormitory
1 space for each 6 student
beds
3. Institutions.
Use Requirements
Welfare or correctional
institution
1 space per 3 beds for
patients or inmates
Convalescent Hospital,
nursing hospital,
sanitarium, rest home,
home for the aged
1 space per 2 beds for
patients or residents
Hospital 1.50 spaces per bed
4. Places of Public Assembly.
Use Requirements
Church 1 space per 4 seats or 8 feet of bench
length in the main auditorium or 1
space for each 50 sq. ft. of floor area
used for assembly
Library, reading
room, museum, art
gallery
1 space per 400 sq. ft. of floor area plus
1 space per 2 employees
Preschool, nursery
or kindergarten
2 spaces per teacher
Elementary or
junior high schools
1 space per 4 seats or 8 feet of bench
length in auditorium or assembly room,
whichever is greater, plus 1 space per
employee.
High schools 1 space for each 6 students or 1 space
per 4 seats or 8 feet of bench length in
the main auditorium, whichever is
greater, plus 1 space per employee
College or
commercial school
1 space per 3 seats in classrooms
Chapter 18.116 (7/2010)
for adults
Other auditorium
or meeting room
1 space per 4 seats or 8 feet of bench
length. If no fixed seats or benches, 1
space per 60 sq. ft. of floor space.
5. Commercial Amusements.
Use Requirements
Stadium, arena or
theater
1 space per 4 seats or 8 feet of
bench length
Bowling alley 6 spaces per lane, plus 1 space per 2
employees
Dance hall or skating
rink
1 space per 100 sq. ft. of floor area,
plus 1 space per 2 employees.
6. Commercial.
Use Requirements
Grocery stores of 1,500
sq. ft. or less of gross
floor area, and retail
stores, except those
selling bulky
merchandise
1 space per 300 sq. ft. of gross floor
areas
Supermarkets, grocery
stores
1 space per 200 sq. ft. of gross floor
area
Service or repair shops,
retail stores and outlets
selling furniture,
automobiles or other
bulky merchandise
where the operator can
show the bulky
merchandise occupies
the major area of the
building
1 space per 600 sq. ft. of gross floor
area
Bank or office, except
medical or dental
1 space per 300 sq. ft. of gross floor
area
Medical and dental
office or clinic
1 space per 150 sq. ft. of gross floor
area
Eating or drinking
establishments
1 space per 100 sq. ft. of gross floor
area.
Mortuaries 1 space per 4 seats or 8 ft. of bench
length in chapels
7. Industrial.
Use Requirements
Manufacturing
establishment
1 space per employee on the largest
working shift
Storage warehouse,
wholesale
establishment, rail or
trucking freight
terminal
1 space per 2,000 sq. ft. of floor
area
Chapter 18.116 (7/2010)
8. Airport Uses.
Use Requirements
Hangars or tie-downs 1 space per 4 private aircraft
occupying a hangar or tie-down
space
Office 1 space per 300 sq. ft. of gross floor
area
Aircraft maintenance 1 space per 1,000 sq. ft. of gross
floor area
Manufacturing,
assembly, research
1 space per 500 sq. ft. of gross floor
area
9. Other uses not specifically listed above shall be provided with adequate parking as required
by the Planning Director or Hearings Body. The above list shall be used as a guide for
determining requirements for said other uses.
E. General Provisions. Off-Street Parking.
1. More Than One Use on One or More Parcels. In the event several uses occupy a single
structure or parcel of land, the total requirement for off-street parking shall be the sum of
requirements of the several uses computed separately.
2. Joint Use of Facilities. The off-street parking requirements of two or more uses, structures
or parcels of land may be satisfied by the same parking or loading space used jointly to the
extent that it can be shown by the owners or operators of the uses, structures or parcels that
their operations and parking needs do not overlap at any point of time. If the uses,
structures or parcels are under separate ownership, the right to joint use of the parking
space must be evidence by a deed, lease, contract or other appropriate written document to
establish the joint use.
3. Location of Parking Facilities. Off-street parking spaces for dwellings shall be located on
the same lot with the dwelling. Other required parking spaces shall be located on the same
parcel or another parcel not farther than 500 feet from the building or use they are intended
to serve, measured in a straight line from the building in a commercial or industrial zone.
Such parking shall be located in a safe and functional manner as determined during site
plan approval. The burden of proving the existence of such off-premise parking
arrangements rests upon the applicant.
4. Use of Parking Facilities. Required parking space shall be available for the parking of
operable passenger automobiles of residents, customers, patrons and employees only and
shall not be used for the storage of vehicles or materials or for the parking of trucks used in
conducting the business or used in conducting the business or use.
5. Parking, Front Yard. Required parking and loading spaces for multi-family dwellings or
commercial and industrial uses shall not be located in a required front yard, except in the
Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP)
District and the La Pine UUC Industrial District (LPI), but such space may be located
within a required side or rear yard.
6. On-Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial
zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated
communities, the amount of required off-street parking can be reduced by one off-street
parking space for every allowed on-street parking space adjacent to a property up to 30% of
the required off-street parking. On-street parking shall follow the established
configurations in the parking design standards under DCC 18.116.030 Table 1. To be
considered for the parking credit, the proposed parking surface, along the street frontage
under review, must have a defined curb line and improved as required under DCC 17.48,
Chapter 18.116 (7/2010)
with existing pavement, or an engineered gravel surface. For purposes of establishing
credit, the following constitutes an on-street parking space:
a. Parallel parking (0 degree), each 20 feet of uninterrupted curb;
b. Diagonal parking (60 degree), each with 11 feet of curb;
c. Perpendicular parking (90 degree), each with 10 feet of curb;
d. Curb space must be connected to the lot that contains the use;
e. Parking spaces that would not obstruct a required clear vision area, nor any other
parking that violates any law or street standard; and
f. On-street parking spaces credited for a specific use may not be used exclusively by that
use, but shall be available for general public use at all times. No signs or actions
limiting general public use of on-street spaces are permitted.
F. Development and Maintenance Standards for Off-Street Parking Areas. Every parcel of land
hereafter used as a public or private parking area, including commercial parking lots, shall be
developed as follows:
1. Except for parking to serve residential uses, an off-street parking area for more than five
vehicles shall be effectively screened by a sight obscuring fence when adjacent to
residential uses, unless effectively screened or buffered by landscaping or structures.
2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not
project light rays directly upon any adjoining property in a residential zone.
3. Groups of more than two parking spaces shall be located and designed to prevent the need
to back vehicles into a street or right of way other than an alley.
4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately
maintained for all weather use and so drained as to contain any flow of water on the site.
An exception may be made to the paving requirements by the Planning Director or
Hearings Body upon finding that:
a. A high water table in the area necessitates a permeable surface to reduce surface water
runoff problems; or
b. The subject use is located outside of an unincorporated community and the proposed
surfacing will be maintained in a manner which will not create dust problems for
neighboring properties; or
c. The subject use will be in a Rural Industrial Zone or an Industrial District in an
unincorporated community and dust control measures will occur on a continuous basis
which will mitigate any adverse impacts on surrounding properties.
5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering.
6. Service drives to off-street parking areas shall be designed and constructed to facilitate the
flow of traffic, provide maximum safety of traffic access and egress and maximum safety
of pedestrians and vehicular traffic on the site. The number of service drives shall be
limited to the minimum that will accommodate and serve the traffic anticipated. Service
drives shall be clearly and permanently marked and defined through the use of rails, fences,
walls or other barriers or markers. Service drives to drive in establishments shall be
designed to avoid backing movements or other maneuvering within a street other than an
alley.
7. Service drives shall have a minimum vision clearance area formed by the intersection of the
driveway centerline, the street right of way line and a straight line joining said lines through
points 30 feet from their intersection.
8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or
bumper rail placed to prevent a motor vehicle from extending over an adjacent property line
or a street right of way.
G. Off-Street Parking Lot Design. All off-street parking lots shall be designed subject to County
standards for stalls and aisles as set forth in the following drawings and table:
(SEE TABLE 1 AT END OF CHAPTER 18.116)
Chapter 18.116 (7/2010)
1. For one row of stalls use "C" + "D" as minimum bay width.
2. Public alley width may be included as part of dimension "D," but all parking stalls must be
on private property, off the public right of way.
3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle
and access areas.
4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars
provided that the compact stalls do not exceed 30 percent of the total required stalls. A
compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width.
(Ord. 2010-018 §1, 2010, Ord. 2004-013 §12, 2004; Ord. 2003-005 §2, 2003; Ord. 2002-015 §2,
2002, Ord. 2001-044 §4, 2001; Ord. 97-078 §6, 1997; Ord. 96-003 §7, 1996; Ord. 93-063 §2, 1993;
Ord. 93-043 §19, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-017 §1, 1990)
18.116.031. Bicycle Parking.
New development and any construction, renovation or alteration of an existing use requiring a site
plan review under DCC Title 18 for which planning approval is applied for after the effective date
of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031.
A. Number and Type of Bicycle Parking Spaces Required.
1. General Minimum Standard.
a. All uses that require off-street motor vehicle parking shall, except as specifically noted,
provide one bicycle parking space for every five required motor vehicle parking spaces.
b. Except as specifically set forth herein, all such parking facilities shall include at least
two sheltered parking spaces or, where more than 10 bicycle spaces are required, at
least 50 percent of the bicycle parking spaces shall be sheltered.
c. When the proposed use is located outside of an unincorporated community, a
destination resort, and a rural commercial zone, exceptions to the bicycle parking
standards may be authorized by the Planning Director or Hearings Body if the applicant
demonstrates one or more of the following:
i The proposed use is in a location accessed by roads with no bikeways and bicycle
use by customers or employees is unlikely.
ii. The proposed use generates less than 50 vehicle trips per day.
iii. No existing buildings on the site will accommodate bicycle parking and no new
buildings are proposed.
iv. The size, weight, or dimensions of the goods sold at the site makes transporting
them by bicycle impractical or unlikely.
v. The use of the site requires equipment that makes it unlikely that a bicycle would
be used to access the site. Representative examples would include, but not be
limited to, paintball parks, golf courses, shooting ranges, etc.
2. Special Minimum Standards.
a. Multi-Family Residences. Every residential use of four or more dwelling units shall
provide at least one bicycle parking space for each unit. In those instances in which the
residential complex has no garage, required spaces shall be sheltered.
b. Parking Lots. All public and commercial parking lots and parking structures shall
provide a minimum of one bicycle parking space for every 10 motor vehicle parking
spaces.
c. Schools. Schools, both public and private, shall provide one bicycle parking space for
every 25 students, half of which shall be sheltered.
d. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade
schools shall be sheltered facilities.
3. Trade Off with Motor Vehicle Parking Spaces.
Chapter 18.116 (7/2010)
a. One motor vehicle parking space may be deleted from the required number of spaces
in exchange for providing required bicycle parking.
i. Any deleted motor vehicle space beyond the one allowed above shall be
replaced with at least one bicycle spaces.
ii. If such additional parking is to be located in the area of the deleted automobile
parking space, it must meet all other bicycle parking standards.
b. The Hearings Body or Planning Director may authorize additional bicycle parking in
exchange for required motor vehicle parking in areas of demonstrated, anticipated, or
desired high bicycle use.
4. Calculating number of bicycle spaces.
a. Fractional spaces shall be rounded up to the next whole space.
b. For facilities with multiple uses (such as a commercial center) bicycle-parking
requirements shall be calculated by using the total number of motor vehicle spaces
required for the entire development.
B. Bicycle Parking Design.
1. General Description.
a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room,
bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory
parking structure; underneath an awning, eave, or other overhang; or by other facility
as determined by the Hearings Body or Planning Director that protects the bicycle from
direct exposure to the elements.
b. Unsheltered parking may be provided by bicycle racks.
2. Location.
a. Required bicycle parking that is located outdoors shall be located on-site within 50 feet
of main entrances and not farther from the entrance than the closest motor vehicle
parking space.
i. Bicycle parking shall be located in areas of greatest use and convenience to
bicyclist.
ii. Such bicycle parking shall have direct access to both the public right of way
and to the main entrance of the principal use.
iii. Bicycle parking shall not impede or create a hazard to pedestrians.
iv. Parking areas shall be located so as not to conflict with clear vision areas as
prescribed in DCC 18.116.020.
b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas
by a barrier or sufficient distance to prevent damage to the parked bicycle.
c. Where bicycle parking facilities are not directly visible and obvious from the public
right(s) of way, entry and directional signs shall be provided to direct bicyclists for the
public right of way to the bicycle parking facility. Directions to sheltered facilities
inside a structure may be signed, or supplied by the employer, as appropriate.
3. Dimensional Standards.
a. Each bicycle parking space shall be at least two by six feet with a vertical clearance of
seven feet.
b. An access aisle of at least five feet wide shall be provided and maintained beside or
between each row of bicycle parking.
c. Each required bicycle parking space shall be accessible without moving another
bicycle.
4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as
the motor vehicle parking area or with a minimum of one-inch thickness of aggregate
material. This surface will be maintained in a smooth, durable, and well-drained condition.
5. Security.
Chapter 18.116 (7/2010)
a. Bicycle parking facilities shall offer security in the form of either a lockable enclosure
in which the bicycle can be stored or a stationary object (i.e., a "rack") upon which the
bicycle can be locked. Structures that require a user-supplied lock shall accommodate
both cables and U-shaped locks and shall permit the frame and both wheels to be
secured (removing the front wheel may be necessary). All bicycle racks, lockers, or
other facilities shall be permanently anchored to the surface of the ground or to a
structure.
b. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly
illuminated and visible from adjacent sidewalks or motor vehicle parking.
6. Other means that provide the above level of bicycle parking may be approved by the
Hearings Body or the Planning Director.
(Ord. 2010-010 §1, 2010; Ord. 93-005 §4, 1993)
18.116.035. Bicycle Commuter Facilities.
A. Each commercial or public building having a work force of at least 25 people shall have bicycle
commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more
than one building (such as a college), bicycle commuter facilities may be located in a central
location.
B. This provision shall apply to (1) new development requiring off-street parking and (2) any
construction, renovation or alteration of an existing use requiring a site plan review under DCC
Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005.
(Ord. 93-005 §5, 1993)
18.116.036. Special parking provisions for the Sunriver Town Center (TC) District.
A. Required Motor Vehicle Parking. The following motor vehicle parking requirements apply to
development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements
of DCC 18.116.030(D):
Use Requirements
Townhomes and Multi-family
Residential buildings with 8 units or
less:
Studio or Efficiency
1.00 space per unit
1 bedroom 1.00 space per unit
2 bedrooms 1.50 space per unit
3 bedrooms 2.00 spaces per unit
4 bedrooms 2.00 spaces per unit
Mixed Use Structures and Multi-
family Residential buildings with
more than 8 units:
Studio or Efficiency
1.00 space per unit
1 bedroom 1.00 space per unit
2 bedrooms 1.00 space per unit
3 bedrooms 1.50 spaces per unit
4 bedrooms 2.00 spaces per unit
Hotel 1.0 space per unit +
1 space per 2 full-time
employees
Lock Off Areas .5 parking space, in addition to
Chapter 18.116 (7/2010)
Use Requirements
base parking for unit
Live/Work Units .5 parking space for work area,
in addition to base parking for
dwelling unit
B. Requirements for Other Uses. The number of spaces required for Town Center (TC) District of
Sunriver UUC uses not listed above shall be determined by using the charts provided by DCC
18.116.030 (D).
C. Uses not specifically listed in the tables of subsection (A), above or DCC 18.116.030(D) shall
be provided with adequate parking as required by the Planning Director or Hearings Body.
D. Transportation Demand Management.
1. In the Town Center (TC) District of Sunriver UUC, motor vehicle parking requirements
may be reduced based on implementation of a Transportation Demand Management
(TDM) plan.
a. The TDM is subject to the approval of the Planning Director or Hearings Body in
accordance with the following criteria:
1) The proposed TDM plan will reduce the need for motor vehicle parking;
2) The reduction is to a level of parking that is lower than the amount of parking
required by DCC 18.116.030; and
3) The applicant has demonstrated to the County that the TDM measures will remain
in place.
2. A TDM plan may include, but is not limited to, the following elements:
a. Bicycle Parking: Motor vehicle parking requirements may be reduced in exchange for
bicycle parking, as described in 18.16.031.
b. Shuttle Service: Motor vehicle parking requirements may be reduced by up to ten
percent where frequent shuttle or transit service connects on-site
residential/employment uses to transportation hubs (including airports) as well as
nearby commercial centers and recreational areas.
c. Satellite Parking: Parking may be provided at a distance greater than 500 feet when in
conjunction with a coordinated shuttle service.
E. General Provisions. Off-Street Parking. The following parking requirements apply to
development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements
of DCC 18.116.030(E):
1. More Than One Use on One or More Parcels. In the event several uses occupy a single
structure or parcel of land, the total requirement for off-street parking shall be the sum of
requirements of the several uses computed separately.
2. Joint Use of Facilities.
a. The off-street parking requirements of two or more uses, structures or parcels of land
may be satisfied by the same parking or loading space used jointly to the extent that it
can be shown by the owners or operators of the uses, structures or parcels that their
operations and parking needs do not conflict at any point of time.
b. Further, the total parking required for two or more land uses may be reduced to reflect
pedestrian and internal trips between/among multiple uses in the Sunriver commercial
core area.
c. If the uses, structures or parcels are under separate ownership, the right to joint use of
the parking space must be evidence by a deed, lease, contract or other appropriate
written document to establish the joint use.
3. Location of Parking Facilities.
a. Off-street parking spaces for dwellings shall be located on the same lot with the
dwelling.
Chapter 18.116 (7/2010)
b. Other required parking spaces shall be located on the same parcel or another parcel not
farther than 500 feet from the building or use they are intended to serve, measured in a
straight line from the building in a commercial or industrial zone, except when
provided in conjunction with connecting shuttle service, as identified in DCC
18.116.036(D)(2).
c. Such parking shall be located in a safe and functional manner as determined during site
plan approval.
d. The burden of proving the existence of such off-premise parking arrangements rests
upon the applicant.
4. Use of Parking Facilities. Required parking space shall be available for the parking of
operable passenger automobiles of residents, customers, patrons and employees only and
shall not be used for the storage of vehicles or materials or for the parking of trucks used in
conducting the business or use.
5. For Multi-family Residential uses allowed by DCC 18.108.055(A)(6), minimum parking
requirements may be satisfied through tandem parking, whereby two vehicles are
accommodated end-to-end, provided the tandem parking spaces are used to meet the
parking requirements for a single dwelling unit only.
F. Bicycle Parking.
1. The provisions of DCC 18.116.031(B)(6) may be used to modify the bicycle parking
requirements of DCC 18.116.031 and 18.116.035.
2. Subsection (E)(2), above, regarding the joint use of parking facilities shall be applied to
determine bicycle parking requirements for the Town Center District of the Sunriver UUC.
(Ord. 2008-015 §3, 2008)
18.116.040. Accessory Uses.
An accessory use shall comply with all requirements for a principal use, except as DCC Title 18
specifically allows to the contrary, and shall comply with the following limitations:
A. The primary use of the property must be established or applied for prior to issuance of any
building or land use permits for accessory structures.
1. Exception:
a. Building permit for a ramada or carport may be issued without establishment or
application of primary use if all other criteria for issuance are met.
b. Land use, building or environmental health permits or extensions of such permits
sought to correct existing code violations for the subject property shall be issued if all
other criteria for issuance are met.
c. A building permit for an accessory structure or structures not exceeding a combined
total of 2,000 square feet in size, with no windows, with only one floor, an operable
garage door, no plumbing or stack vents through the roof or walls and not requiring
plumbing or mechanical permits.
B. A side yard or rear yard may be reduced to five feet for an accessory structure erected more
than 65 feet from a front lot line, provided the structure is detached from other buildings by five
feet or more and does not exceed a height of one story nor an area of 450 square feet.
C. Boats and trailers, travel trailers, pickup campers or coaches, motorized dwellings and similar
recreational equipment may be stored on a lot but not used as an accessory use in any zone
provided that:
1. In a residential zone, parking or storage in a front yard or in a side yard adjoining a street
other than an alley shall be permitted only on a driveway.
2. Parking or storage shall be at least three feet from an interior side lot line.
D. A manufactured home may be stored on an individual lot subject to obtaining a zoning approval
from the Planning Division and subject to the following:
Chapter 18.116 (7/2010)
1. Storage period shall not exceed one year.
2. No utilities other than electric may be connected.
3. The mobile home shall not be inhabited.
4. The subject lot is not located in a CH, Conventional Housing Combining Zone.
(Ord. 96-057 §1, 1996; Ord. 95-077 §1, 1995; Ord. 95-075 §1, 1995; Ord. 91-038 §1, 1991)
18.116.050. Manufactured Homes.
Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided
into the following types:
A. A Class A manufactured home shall:
1. Have more than 1,000 square feet of occupied space in a double section or larger multi-
section unit;
2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting
shall be required;
3. Have wheels, axles and hitch mechanisms removed;
4. Have utilities connected subject to the requirements of the Building Codes Agency and
manufacturer's specifications;
5. Bear an insignia of compliance with the Manufactured Housing and Construction and
Safety Standards Code as of June 15, 1976;
6. Have roofing materials of a type customarily used on site constructed residences, including
wood shakes or shingles, asphalt or fiberglass shingles, corrugated mat finish colored metal
and tile materials, but not including high gloss corrugated aluminum or fiberglass panels.
The roof pitch shall be a minimum of two over 12; and
7. Have siding materials of a type customarily used on site-constructed residences such as
clapboard, horizontal vinyl or aluminum lap-siding, cedar or other wood siding, brick or
stone, and not including high gloss finished material, corrugated metal or fiberglass, or
metal or plastic panels.
B. A Class B manufactured home shall:
1. Have at least 750 square feet of occupied space in a single, double, expand or multi-section
unit;
2. Be placed on a foundation, as specified by the manufacturer. Skirting shall be required;
3. Have wheels, axles and hitch mechanisms removed;
4. Have utilities connected subject to the requirements of the Building Codes Agency and
manufacturer's specifications;
5. Bear an insignia of compliance with the Manufactured Housing and Construction and
Safety Standards Code as of June 15, 1976;
6. Have roofing materials of a type customarily used on site constructed residences, including
wood shakes or shingles, asphalt or fiberglass shingles, corrugated matte finish colored
metal and tile materials, but not including high gloss corrugated aluminum or fiberglass
panels. The roof pitch shall be a minimum of two over 12; and
7. Have siding materials of a type customarily used on site constructed residences such as
clapboard, horizontal vinyl or aluminum lap siding, cedar or other wood siding, brick or
stone, and not including high gloss finished material, corrugated metal or fiberglass, or
metal or plastic panels.
C. A Class C manufactured home shall:
1. Have at least 576 square feet of occupied space, excluding tipouts and hitches;
2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting
shall be required;
Chapter 18.116 (7/2010)
3. Bear an insignia of compliance with the Manufactured Housing and Construction and
Safety Standards Code as of June 15, 1976, or bear the Oregon Department of Commerce
"Insignia of Compliance"; and
4. Have utilities connected subject to the requirements of the Building Codes Agency and
manufacturer's specifications.
D. A Class D manufactured home shall:
1. Have more than 320 square feet of occupied space;
2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting
shall be required; and
3. Have utilities connected subject to requirements of the Building Codes Agency and
manufacturer's specifications.
(Ord. 2004-013 §12, 2004; Ord. 2001-013 §1, 2001; Ord. 2000-033 §7, 2000; Ord. 93-043
§§19B-E, 1993; Ord. 91-038 §4, 1991; Ord. 91-017 §§1-3 and 4, 1991; Ord. 91-005 §§38-40 and
41, 1991; Ord. 89-004 §§3 and 5, 1989; Ord. 81-042 §1-3 and 4, 1981)
18.116.070. Placement Standards for Manufactured Homes.
A. As defined in DCC 18.116.050, Class A and B manufactured homes shall be permitted as
follows, subject to the requirements of the underlying zone:
1. In the following zones, except where there is a Conventional Housing Overlay Zone (CH):
Any EFU zone, MUA-10, F-1, F-2, RR-10, any area zoned as an unincorporated
community (as that term is defined herein), RSR-M, RSR-5, and FP as the primary
dwelling, and R-I and SM as a caretaker's residence.
2. In manufactured home parks and subdivisions.
3. As permitted in DCC 18.116.080 and 18.116.090.
4. Class A and B manufactured homes are not permitted in any historic district or on any
historic site.
B. Class C manufactured homes shall be permitted as follows:
1. Except as otherwise allowed in DCC 18.116.070, on parcels 10 acres in size or larger.
2. As a secondary accessory farm dwelling.
3. In manufactured home parks and manufactured home subdivisions.
4. As permitted in DCC 18.116.080 and 18.116.090.
5. As a replacement to an existing non-conforming manufactured home destroyed by fire or
other natural act, or as an upgrade to an existing manufactured home.
6. In the following subdivisions: Rockview II, Tetherow Crossing, Chaparral Estates, Crystal
Acres, Hidden Valley Mobile Estates, Johnson Acres, Seven Peaks, Sun Mountain
Ranches, Deschutes River Homesites Rimrock Addition, Happy Acres, Rancho El Sereno,
Whispering Pines, Bend Cascade View Estates, Raintree, Holmes Acres, La Pine Meadows
North, Pine Crest Ranchettes, Dora's Acres, Pierce Tracts, Roan Park, South Forty, Tomes,
Crooked River Ranch, Dale Acres, Replat/Hillman, Lake Park Estates, Mary K. Falls
Estates.
7. Class C manufactured homes are not permitted in any historic district or on any historic
site.
C. An exception may be granted by the Planning Director or Hearings Body to allow a Class C
manufactured home to be placed in a subdivision which is not listed in DCC 18.116.070(B)(6),
where all of the following conditions exist:
1. The manufactured home is specifically designed or has been substantially modified for
wheelchair or disabled access (disabled accessible manufactured home).
2. There are Class C manufactured homes in the subdivision located within one-quarter mile
of the lot upon which the manufactured home will be placed.
Chapter 18.116 (7/2010)
3. The disabled accessible manufactured home and lot upon which the manufactured home is
to be placed were purchased by the applicant prior to February 22, 1989.
D. Class D manufactured homes shall be permitted as follows:
1. In manufactured home parks and subdivisions.
2. As permitted in DCC 18.116.080 and 18.116.090.
3. Class D manufactured homes are not permitted in any historic district or on any historic
site.
(Ord. 2000-033 §8, 2000; Ord. 96-003 §8, 1996; Ord. 91-020 §1, 1991; Ord. 91-005 §§42 and 43,
1991; Ord. 89-016 §1, 1989; Ord. 89-014 §1, 1989; Ord. 89-004 §§3 and 5, 1989; Ord. 81-042 §5,
1981)
18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot.
A manufactured home of any class or a recreational vehicle may be authorized as a temporary
residence on an individual lot and shall comply with the following additional provisions:
A. The manufactured home or recreational vehicle shall be placed upon a lot for which a building
permit for a housing unit has been obtained.
B. The manufactured home or recreational vehicle shall be occupied only during a period in which
satisfactory progress is being made toward the completion of the housing unit on the same site.
C. Electric, water and sewer utility connections shall be made to the manufactured home or
recreational vehicle.
D. The manufactured home shall be removed from the lot not later than 18 months following the
date on which the building permit for the housing unit is issued or not later than two months
following the date of final building inspection of the housing unit, whichever occurs first. The
habitation of the recreational vehicle must cease, and its connection to all utilities other than
electric must be discontinued not later than 18 months following the date on which the building
permit for the housing unit is issued or not later than two months following the completion of
the housing unit, whichever occurs first.
E. All evidence that the manufactured home has been on the lot shall be removed within the 30
days following the removal of the manufactured home.
(Ord. 93-043 §19F, 1993; Ord. 91-005 §44, 1991; Ord. 89-004 §4, 1989)
18.116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for
Medical Condition.
A. A temporary use permit for one manufactured home of any class or one recreational vehicle on
a lot or parcel in addition to an existing dwelling may be granted when a medical condition
exists.
B. The person with a medical condition must be either one of the property owners or a relative of
one of the property owners.
C. For the purposes of this section, a relative is defined as a grandparent, parent, child, brother or
sister, either blood or legal relationship.
D. Such medical condition must be verified by a doctor's written statement, which shall
accompany the permit application.
E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC
18.116.090.
F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and
disconnected from any electric, water or sewer facility connection for which a permit has been
issued not later than 90 days following the date the medical condition requiring the temporary
use permit ceases to exist.
Chapter 18.116 (7/2010)
G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and
shall meet the minimum setbacks for the zone in which it is located.
H. The applicant shall obtain all necessary permits from the County Building and Environmental
Health Divisions prior to initiating the use.
(Ord. 2008-022 § 2, 2008; Ord. 91-005 §45, 1991; Ord. 89-004 §5, 1989)
18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot.
A. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not
containing a dwelling and used as a temporary dwelling unit:
1. For a period totaling not more than 30 days in any consecutive 60-day period without
obtaining a land use permit from the Deschutes County Planning Division; or
2. For a total period not to exceed six months in a calendar year by obtaining a temporary use
permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division.
A temporary use permit may be renewed annually for use of a recreational vehicle under
the terms of DCC 18.116.095 on the same lot or parcel.
B. All necessary permits shall be obtained from the Deschutes County Building Safety Division
before connecting a recreational vehicle to sewer, water and/or electric utility services.
C. A permit shall be obtained from the Deschutes County Environmental Health Division before
disposing any wastewater or sewage on-site.
D. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required
of a permanent dwelling on the subject lot.
E. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or
jacking system, shall be attached to the site only by quick disconnect type utilities and security
devices, and shall have no permanently attached additions.
(Ord. 2007-019 §4, 2007; Ord. 98-062 §1, 1998; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991)
18.116.100. Building Projections.
Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues
shall not project more than three feet into a required yard, provided that the projection is not closer
than three feet to a property line.
(Ord. 91-038 §4, 1991)
18.116.120. Fences.
A. Fences which form a solid barrier or are sight obstructive shall not exceed three and one-half
feet in height when located in a required front yard or in a clear vision area.
B. Fences in Wildlife Area Combining Zones shall be designed in conformance with the
requirements of DCC 18.88.
C. All fences shall comply with the requirements of the State of Oregon Building Code.
(Ord. 92-042 §3, 1992; Ord. 91-038 §1, 1991)
18.116.130. Hydroelectric Facilities.
A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall
be enlarged or expanded in size of area or generating capacity, on the following rivers and
streams within Deschutes County:
1. Deschutes River, from its headwaters to River Mile 227, above, but not including Wickiup
Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls;
2. Crooked River;
3. Fall River;
4. Little Deschutes River;
Chapter 18.116 (7/2010)
5. Spring River;
6. Paulina Creek;
7. Whychus Creek; and
8. Tumalo Creek..
B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River at Wickiup
Dam, and from River Mile 171 below Lava Island Falls downstream to the northern Deschutes
County line. Such conditional use shall be governed by the conditions set forth in DCC
18.128.260.
(Ord. 86-018 §17, 1986)
18.116.140. Electrical Substations.
Electrical substations, whether as an outright or conditional use, shall submit a site plan complying
with the provisions of DCC Title 18 to the Planning Department.
(Ord. 91-020 §1, 1991)
18.116.150. Endangered Species.
Developments which occur in areas which may disturb species (plant or animal) listed by the U.S.
Environmental Protection Agency or the Department of Fish and Wildlife as endangered shall
prepare an acceptable protection plan for use during and after construction (e.g., a nest protection
plan for developments in the vicinity of Bald Eagle nesting sites).
(Ord. 91-020 §1, 1991)
18.116.160. Rimrock Setbacks Outside of LM Combining Zone.
All structures, including decks, within 50 feet from the edge of a rimrock, as defined in
DCC 18.04.030, shall be subject to site review if visible from the river or stream. Prior to approval
of any structure within 50 feet of a rimrock, the Planning Director or Hearings Body shall make the
following findings:
A. All structures, including decks, shall be set back a minimum of 20 feet from the edge of the
rimrock.
B. The height of the structure shall not exceed the setback from the edge of the rimrock.
C. Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained.
D. Where multiple structures are proposed on a parcel of land the structures shall be grouped or
clustered so as to maintain a general appearance of open landscape for the effected area. This
shall require a maintenance of at least 65 percent open space along all rimrocks.
(Ord. 92-034 §3, 1992; Ord. 91-020 §1, 1991; Ord. 88-004 §1, 1988; Ord. 86-053 §21, 1986; Ord.
85-016 §2, 1985; Ord. 82-013 §2, 1982; Ord. 81-015 §1, 1981)
18.116.170. Solar Height Restrictions.
No building, structure or nonexempt vegetation may exceed the solar height restriction established
on a burdened property by the solar access of a benefited property.
(Ord. 83-037 §25, 1983)
18.116.180. Building Setbacks for the Protection of Solar Access.
A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as practical
during the winter solar heating hours to existing or potential buildings by requiring all new
structures, excepting lots less than 10,000 square feet in size or under 80-feet average width, as
defined by DCC 17.08.030 “lot width,” and located in the Neighborhood Planning Area of the
Chapter 18.116 (7/2010)
Urban Unincorporated Community – La Pine, to be constructed as far south on their lots as is
necessary and feasible.
B. Standards. Every new structure or addition to an existing structure, excepting lots less than
10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 “lot
width,” and located in the Neighborhood Planning Area of the Urban Unincorporated
Community – La Pine, shall meet the following standards for a solar setback from the north lot
line, except as provided in DCC 18.116.180(B)(3):
1. South Wall Protection Standard. The south wall protection standard is based on an eight-
foot solar fence on the subject property's north lot line which allows solar radiation on a
neighboring building's south wall above two feet from the ground, assuming a 20-foot
setback from the common property line to the neighboring building. Solar setbacks for the
south wall protection standards can be calculated with the diagram in Appendix A-1 or
estimated with the table in Appendix A-2. Final determination of solar setback distance is
made by entering the following variables into the Deschutes County Shadow Length
computer program:
a. Pole height;
b. The eight-foot fence height;
c. The scale of the plot plan submitted in feet per inch; and
d. Degrees of slope of the land from east to west and from north to south.
e. If a setback meeting this requirement is not feasible due to physical constraints of the
lot, including, but not limited to, rock outcroppings, septic systems, existing legal
restrictions or lot dimensions, as determined by the Planning Director or Hearings
Body, then the structure or addition must be located as far to the south on the lot as
feasible and must meet the standard set forth in DCC 18.116.180(B)(2).
2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot
solar fence on the subject property's north lot line which allows for solar radiation on a
neighboring building above eight feet from ground level and assuming a 20 foot setback
from the common boundary line to the neighboring building. Solar setbacks for this
standard can be calculated using the diagram in Appendix B-1 or estimated using the table
in Appendix B-2. Final determination of the setback will be made using the Shadow
Length computer program by specifying a 14-foot solar fence and additional site specific
information as listed in DCC 18.116.180(B)(1).
3. Exceptions. The south roof protection standard shall not apply only if the applicant
establishes:
a. That the structure cannot be located on the lot without violating the requirements
contained in Appendix B; and
b. That the structure is built with its highest point as far to the south as feasible; and
1) That the structure is a single family residence with a highest point less than or
equal to 16 feet high; or, if not a single family residence;
2) That it is a permitted or conditional use for the lot.
4. Exemptions.
a. The governing body may exempt from the provision of DCC 18.116.180 any area
where it is determined that solar uses are not feasible because the area is already
substantially shaded due to heavy vegetation, steep north facing slopes, and any area or
zones in which taller buildings are planned.
b. The Planning Director or Hearings Body shall exempt a structure from the provisions
of DCC 18.116.180 if the structure will shade only a protected area in which solar uses
are not feasible because the protected area is already substantially shaded at the time a
request for exemption is made and approved by the Planning Director or Hearings
Body.
Chapter 18.116 (7/2010)
c. The Planning Director or Hearings Body shall exempt a structure from the provisions
of DCC 18.116.180 if the structure is in conformance with a solar height restriction as
provided in DCC Title 17, the Subdivision/Partition Ordinance, as amended.
(Ord. 2006-035 §2, 2006; Ord. 2004-013 §12, 2004; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991;
Ord. 83-037 §3, 1983)
18.116.190. Solar Access Permit.
A. Purpose. The purpose of DCC 18.116.190 is to provide solar access to productive solar
collectors by establishing limitations, on a case by case basis, for the growth of vegetation on
certain lots in the vicinity of a productive solar collector.
B. Application for Solar Access Permit.
1. Any owner may submit an application for a solar access permit to provide solar access for a
productive solar collector located on the owner's real property.
2. The application for a solar access permit shall be on forms prescribed by the County and
shall contain, at a minimum:
a. A legal description of the applicant's lot, including a statement that the applicant is the
owner of the lot, and a description of the nature of the applicant's interest in the lot;
b. Documentation to show that the solar collector is or will be a productive solar collector
within one year of application;
c. Descriptive drawings of the solar collector showing its dimensions and precise
location;
d. A sun chart and a statement of the solar heating hours for which solar access is sought;
e. A statement that there is no reasonable alternative location for the solar collector that
would result in a lesser burden on a neighboring lot;
f. A statement that trimming the vegetation on the applicant's lot will not permit an
alternative location that would lessen the burden on a neighboring lot;
g. A list of the lots that are within 150 feet to the south, southeast, or southwest of the
solar collector, including streets, alleys and other unbuildable areas; a legal description
for each such lot; the owner of record and his address; the exempt vegetation located on
the lot; and any existing nonexempt vegetation likely to encroach on the protected area;
h. A statement that none of the lots impacted is located on a north-facing slope with a
grade that exceeds, on average, 15 percent; and
i. A plot plan showing the location of and delineating all exempt and nonexempt
vegetation as shown on the sunchart photograph as well as any nonexempt vegetation
not shown on the sunchart which may encroach on the protected area in the future. The
plot plan shall also include:
1) The exact site of the solar collector, its height and its orientation.
2) Scale.
3) An indication of true north.
4) A survey of the lot.
3. The solar access permit application shall be approved if:
a. The solar collector is or will be a productive solar collector;
b. The protected area to be created by the solar access permit is reasonably located. A
solar access permit shall be denied under DCC 18.116.190(B)(3)(b) if the applicant
could trim his own vegetation to permit an alternative location that would be less
burdensome upon a burdened neighboring lot. A solar access permit shall also be
denied under DCC 18.116.190(B)(3)(b) if there is an alternate location that would
impose a lesser burden on a neighboring lot or lots;
Chapter 18.116 (7/2010)
c. The applicant requests solar heating hours no greater than two hours before and after
the solar zenith from September 22 to March 21, and three hours before and after the
solar zenith from March 22 to September 21;
d. The solar access provided by the permit does not burden any lot with a north facing
slope with a grade that exceeds, on average, 15 percent; or which is more than 150 feet
from the solar collector; and
e. The application is accurate and complete.
C. Solar Access Permit Issuance and Recordation.
1. Upon the approval of an application, the County shall issue and acknowledge a solar access
permit creating the solar access requested in the application.
2. Upon receiving such a permit, the County Clerk shall:
a. Record the solar access permit in the chain of title of the applicant's lot and of each
neighboring lot identified in the application; and
b. Keep a copy of the approved application on file in County records.
3. The form of the solar access permit shall be as prescribed by the County and shall contain,
at a minimum:
a. A legal description of the applicant's lot and each neighboring lot to be burdened by the
solar access created by the solar access permit; and
b. A complete description of the solar access restrictions applicable to each neighboring
lot, including the solar heating hours during which solar access is provided, and a sun
chart showing the plotted skyline, including vegetation and structures, and a scaled
drawing showing the size and location of the protected area and its orientation with
respect to true south; and
c. A reference to where the approved application may be obtained.
D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access
permit shall trim any vegetation not exempted on the burdened lot that shades the protected area
created by the solar access permit, provided that there is no vegetation on the lot benefited by
the solar access permit that also shades the protected area. The cost of such trimming shall be
borne by the owner of the benefited lot if the vegetation existed at the time of permit application
as shown on the plot plan; and for all other vegetation, by the owner of the burdened lot.
Before any trimming is required, the collector owner must certify that the collector is still
productive.
E. Termination of Solar Access Permit.
1. The Planning Director or Hearings Body shall terminate the solar access permit with
respect to all or part of the neighboring lots burdened by the solar access permit if a petition
for termination is submitted by the applicant or the applicant's successor in interest or the
collector is not productive for 12 consecutive months.
2. The County Clerk shall record the termination of the solar access permit in the chain of title
of each lot affected by the termination.
(Ord. 93-043 §19G, 1993; Ord. 91-020 §1, 1991; Ord. 83-037 §3, 1983)
18.116.200. (Repealed by Ord. 98-062, 1998)
18.116.210. Residential Homes and Residential Facilities.
A. Residential homes and residential facilities shall be permitted in the same manner that single-
family dwellings are permitted under DCC Title 18. For the purposes of DCC Title 18, the
term "dwelling" or "single-family dwellings" shall be synonymous with the terms "residential
home" or "residential facility."
Chapter 18.116 (7/2010)
B. In any application for a residential home or residential facility, the applicant shall not be
required to supply any information concerning the existence of or the nature or severity of any
handicap (as that term is defined under the Fair Housing Act) of prospective residents.
(Ord. 91-038 §3, 1991)
18.116.215. Family Childcare Provider.
A. A family childcare provider’s home shall be considered a residential use of property, permitted
in all areas zoned for residential and commercial purposes, including areas zoned for single-
family dwellings.
B. The family childcare provider’s home is subject to the same restrictions imposed on any
residential dwelling in the same residential or commercial zone.
(Ord. 97-003 §3, 1997)
18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams-
Prohibitions.
A. As a condition of approval of all land use actions involving property adjacent to the Deschutes
River, Crooked River, Fall River, Little Deschutes River, Spring River, Paulina Creek,
Whychus Creek and Tumalo Creek, the property owner shall convey to the County a
conservation easement, as defined in DCC 18.04.030, "Conservation Easement," affecting all
property on the subject lot which is within 10 feet of the ordinary high water mark of the river
or stream.
B. The form of the conservation easement shall be as prescribed by the County and may contain
such conditions as the County deems necessary to carry out the purposes described in DCC
18.04.030, "Conservation Easement."
C. Any public access required as part of a conservation easement shall be subject to the following
conditions:
1. Public access shall be limited to foot traffic for recreational purposes and the putting in or
taking out of boats.
2. Unless otherwise permitted by the affected property owner, public access does not allow
public passage through other private property to gain access to the property subject to the
conservation easement.
3. Unless otherwise permitted by state law, County ordinance or the property owner, no
person on the subject property as a result of a public access requirement of a conservation
easement shall deposit solid waste, damage or remove any property, (including wildlife and
vegetation) maintain or ignite fires or fireworks, discharge firearms or camp.
(Ord. 91-020 §1, 1991; Ord. 89-004 §3, 1989; Ord. 86-054 §2, 1986)
18.116.230. Standards for Class I and II Road Projects.
Class I and II road or street projects shall be reviewed against the applicable Comprehensive Plan
Transportation Plan element, shall be consistent with applicable road standards and shall meet the
following criteria:
A. Compatibility with existing land use and social patterns, including noise generation, safety
hazards (e.g. children in a residential area), and zoning.
B. Environmental impacts, including hazards imposed to and by wildlife (e.g. migration or water
use patterns).
C. Retention of scenic quality, including tree preservation.
D. Means to improve the safety and function of the facility, including surrounding zoning, access
control and terrain modifications.
Chapter 18.116 (7/2010)
E. In the case of roadways where modification results in a change of traffic types or density,
impacts on route safety, route land use patterns, and route nonmotorized/pedestrian traffic.
F. Consideration of the potential developmental impact created by the facility.
G. Cost effectiveness.
(Ord. 93-043 §19H, 1993)
18.116.240. Protection of Historic Sites.
Historic sites listed and described on the County's Goal 5 inventory, contained in the Resource
Element of the comprehensive plan, shall be protected or not protected in accordance with programs
set forth in the ESEE determinations for each individual site, adopted as part of the Resource
Element of the comprehensive plan and any comprehensive plan policies specifically applicable to
the site. The uses allowed and dimensional standards prescribed by the underlying zoning
designations for designated historic sites are not otherwise affected by the historic designation.
(Ord. 94-030 §1, 1994)
18.116.250. Wireless Telecommunications Facilities.
A. Tier 1 Facilities. Wireless telecommunications facilities that do not require aviation lighting,
that utilize natural wood colors or muted tones from amongst colors approved by Ordinance 97-
017, that utilize a radio equipment cabinet or shelter that is less than 200 square feet in area and
less than 10 feet in height, and that meet the following standards are allowed outright in any
zone other than the Exclusive Farm Use, the Surface Mining Zone, and the Forest Zones and
shall not be subject to any other provision of the zone:
1. Facilities established by co-locating an additional set of antennas on an existing wireless
telecommunications tower or monopole that do not exceed the County approved height of
the tower or monopole. Notwithstanding any provision of DCC 18.116.250(A), facilities
established under DCC 18.116.250(A)(1) are permitted outright in any zoning district.
2. Facilities that make use of existing vertical, lawfully established structures, including but
not limited to power or telephone utility poles or towers, parking lot or street lighting
standards or flagpoles. A pole location in a public right of way shall not be fenced.
Antennas established on an existing vertical structure shall be installed so that they do not
exceed the height of the existing vertical structure by more than 15 feet. New structures in
this category are limited to equipment shelters that do not require a building permit. Walk-
in equipment shelters shall be set back out of any road right of way at least 20 feet back
from the pole location. Any necessary road right of way permits shall be obtained from the
Deschutes County Road Department. Equipment cabinets shall be subject only to the road
right of way setback requirements.
3. Facilities that are established by attaching or placing an antenna or set of antennas on an
existing, lawfully established building not designated as an historic structure, where the
antenna array does not exceed the height of the building by more than 15 feet. All
equipment shall be stored inside a building.
4. Facilities that include installation of a new wood monopole that does not exceed the height
limit of the underlying zone, and does not exceed 45 feet in height. All equipment shall be
stored in a building that has a floor area that does not exceed 200 square feet in area and
does not exceed 10 feet in height. The monopole, and any building, shall be set back from
adjacent property lines according to the setbacks of the underlying zone. Any microwave
dishes installed on the monopole shall not exceed a diameter of four feet. No more than
two dishes shall be installed on a monopole or tower. The perimeter of a lease area for a
facility established under DCC 18.116.250(A)(4) shall be landscaped with shrubs eight feet
in height and planted a maximum of 24 inches on center.
Chapter 18.116 (7/2010)
B. Tier 2 Facilities. Wireless telecommunications facilities that do not require aviation lighting,
that utilize a wood monopole for supporting antennas and/or microwave dishes and that meet
the criteria in DCC 18.116.250 are allowed outright, subject to site plan review under DCC
18.116.250(B) (and not DCC 18.124.060) in the following zones: La Pine Commercial District
(LPCD), La Pine Industrial District (LPID), Rural Industrial (RI), Rural Service Center (RSC),
Rural Service Center-Wickiup Junction (RSC-WJ), Terrebonne Commercial District (TeC), and
Tumalo Commercial District (TuC). Lattice towers or metal monopoles are not permitted with
a Tier 2 facility.
1. An application for site plan review for a Tier 2 wireless telecommunications facility shall
meet the following criteria:
a. Maximum Monopole Height. In the LPCD, LPID, RSC, RSC-WJ, TeC, and TuC
zones, the maximum height of a monopole, including antennas and microwave dishes
for a wireless telecommunications facility shall be 60 feet from finished grade. In the
RI Zone, the maximum height of a monopole, including antennas and microwave
dishes, for a wireless telecommunications facility shall be 75 feet from finished grade.
b. Setbacks. All equipment shelters shall be set back from property lines according to the
required setbacks of the underlying zone. A monopole shall be set back from any
adjacent dwelling a distance equal to the height of the monopole, including antennas
and microwave dishes, from finished grade, or according to the setbacks of the
underlying zone, whichever is greater.
c. Shelters. Any equipment shelter shall be finished with natural aggregate materials or
from colors approved with Ordinance 97-017.
d. Landscaping. The perimeter of a lease area shall be landscaped with plant materials
appropriate for its location. The lessee shall continuously maintain all installed
landscaping and any existing landscaping used to screen a facility.
e. Cabinets. Any equipment cabinets shall be finished with colors from amongst those
colors approved with Ordinance 97-063. Such colors shall be non-reflective and
neutral.
f. Fences. A sight obscuring fence, as defined by DCC Title 18, shall be installed around
the perimeter of the lease area. The sight obscuring fence shall surround the monopole
and the equipment shelter.
C. Tier 3 Facilities. Wireless telecommunications facilities (or their equivalent uses described in
the EFU, Forest, and SM Zones) not qualifying as either a Tier 1 or 2 facility may be approved
in all zones, subject to the applicable criteria set forth in DCC 18.128.330 and 18.128.340.
1. A request for a written determination from the County as to whether a proposed facility
falls within Tiers 1 or 2 of DCC 18.116.250 shall be submitted to the County in writing and
accompanied by a site plan and proposed schematics of the facility. If the County can issue
a written determination without exercising discretion or by making a land use decision as
defined under ORS 197.015(10), the County shall respond to the request in writing.
2. A request for a written determination from the County as to whether a proposed facility
falls within Tiers 1 or 2 of DCC 18.116.250 that involves exercising discretion or making a
land use decision shall be submitted and acted upon as a request for a declaratory ruling
under DCC 22.40.
(Ord. 2010-011 §1, Ord. 2000-19 §1, 2000; Ord. 97-063 §1, 1997; Ord. 97-017 §7, 1997)
18.116.260. Rock Crushing Outside the SM Zone.
A. The following standards apply to all on-site rock crushing activity outside the SM zone:
1. The subject property has received site plan, tentative plat or final plat approval for the
construction or maintenance activity for which on-site rock crushing occurs;
Chapter 18.116 (7/2010)
2. Rock crushing equipment has a valid Oregon Department of Environmental Quality air
contaminant discharge permit;
3. The volume of material excavated on-site does not exceed the amount necessary to
complete on-site construction and maintenance;
4. Rock crushing equipment and all activity directly associated with crushing such as truck
traffic is located at least 500 feet from the nearest noise-sensitive or dust-sensitive use or
structure, unless an exception to this standard is allowed pursuant to DCC 18.116.260(F);
5. No off-site material is brought on site for crushing;
6. Rock crushing equipment is removed from the site within 30 days of completing the
crushing activity; and
7. Excavated and crushed material not used for on-site construction or landscaping is removed
from the site prior to occupancy, where a site plan is approved, or within 60 days of
completing all road, utility or other improvements where a tentative or final plat is
approved.
B. On-site rock crushing for on-site construction and maintenance is permitted outright in any
zone, except Flood Plain (FP), or in any combining zone, except Wildlife Area (WA),
Landscape Management (LM), or Sensitive Bird and Mammal Habitat (SBMH), if the
requirements of DCC 18.116.260(A) and the following standards are met:
1. Rock crushing activity, including set up and crushing, occurs for no more than 60
consecutive days on a site within any one-year period;
2. Rock crushing occurs Monday through Friday, between 7:00 a.m. and 5:00 p.m., and not on
legal holidays; and
3. Water is available on-site to provide dust control.
C. Except for the activity allowed outright as set forth under DCC 18.116.260(B), a temporary use
permit for rock crushing for on-site construction and maintenance may be permitted in any zone
or combining zone subject to approval of the Planning Director or Hearings Body under the
provisions of DCC 18.116.260(D).
D. Use limitations. On-site rock crushing provided for in DCC 18.116.260(C) may be approved
upon satisfaction of the requirements in DCC 18.166.260(A) and the following:
1. The site under consideration is suitable for rock crushing and rock crushing is compatible
with the existing uses within 500 feet of the rock crushing equipment, based upon the
proposed duration of use of the equipment and the natural and physical features of the site,
including but not limited to, general topography, natural hazards and natural resource
values;
2. An engineer registered in Oregon verifies in writing that the operation of the rock crushing
equipment will meet applicable DEQ noise standards; and
3. Sufficient water is available on-site to provide approved methods of dust control.
E. Application requirements. An application for a temporary use permit for on-site rock crushing
shall contain the following:
1. A detailed explanation of the proposed construction and rock crushing activities, including
the duration and operating characteristics of rock crushing;
2. A map drawn to scale showing the location of property boundaries, setbacks to the rock
crushing activity and any topographic features in the immediate vicinity of the proposed
rock crusher;
3. A written explanation describing how each of the requirements in DCC 18.116.260(D) will
be met; and
4. Any additional information which will assist in the evaluation of the proposed rock
crushing.
F. Setback exceptions. An exception to the setback requirement in DCC 18.116.260(A) shall be
allowed pursuant to a notarized written agreement for a lesser setback made between the owner
Chapter 18.116 (7/2010)
of the noise sensitive or dust-sensitive use or structure located within 500 feet of the proposed
rock crushing activity and the owner or operator of the rock crusher.
(Ord. 97-006 §2, 1997)
18.116.270. Conducting Filming Activities in All Zones.
Any use of land or activity involving on-site filming and accessory and supporting activities as
those terms are defined in DCC 18.116.270 shall be governed by the provisions of DCC 18.116.270
and shall govern in any conflict with other provisions of DCC Title 18 or DCC Title 22.
A. On-site filming and activities accessory to on-site filming are permitted outright in any zone or
combining zone of the County if:
1. The activity would involve no more than 45 days on any site within any one-year period; or
2. The activity does not involve erection of sets that remain in place for filming longer than
any 45-day period and does not involve fill and removal activities regulated by DCC Title
18, involve activities within a sensitive habitat area governed by DCC 18.90 or involve
activities, improvements or structures covered by DCC 18.96; and
3. All evidence of filming activity and sets is removed from the site and the site is restored to
its previous condition within 15 days after the filming is complete.
B. Except for the activities allowed outright as set forth under DCC 18.116.270(A), on-site filming
and activities accessory to and/or supporting on-site filming may be conducted in any zone or
combining zone subject to the approval of the Planning Director or Hearings Body under the
provisions of DCC 18.116.270(C). For the purposes of DCC 18.116.270(B) only, "support
activities" shall include office administrative functions such as payroll and scheduling; the use
of campers, truck trailers and similar temporary facilitates; and temporary facilities used for
housing of security personnel.
C. Use Limitations. Any use of land or activity involving on-site filming and activities accessory
to and/or supporting on-site filming provided for under DCC 18.116.270(B) may be approved
upon satisfaction of the following criteria:
1. General Limitations.
a. The site under consideration is suitable for the proposed filming or accessory activity
based upon the following factors:
1) The design, operating characteristics and duration of the use;
2) Adequacy of transportation access to the site; and
3) The natural and physical features of the site, including but not limited to, general
topography, natural hazards and natural resource values.
b. The proposed use will be compatible with the existing uses on surrounding properties
based upon the factors listed in DCC 18.116.270(C)(1)(a)(i), (ii) and (iii).
2. Special Limitations. In addition to the general limitations set forth under DCC
18.116.270(C)(1)(a) and (b), the following additional special limitations shall be applied,
where applicable:
a. Filming and accessory or supporting activities proposed for a site designated as
exclusive farm use by the zoning ordinance shall be subject to applicable provisions of
ORS 215.296.
b. Filming and accessory or supporting activities involving structures or improvements
regulated under DCC 18.96 (flood plain zone) shall be subject to the applicable
provisions of DCC 18.96 unless the Federal Emergency Management Agency
authorizes a waiver of the provisions of DCC 18.96.
c. Filming and accessory or supporting activities necessitating fill or removal activities
shall comply with the applicable provisions of DCC 18.128.270, except that no
conservation agreement shall be required where the fill is associated with a temporary
Chapter 18.116 (7/2010)
structure or improvement and such fill would be removed along with the temporary
structure or improvement under a fill and removal permit required by the County.
d. Filming and accessory or supporting activities shall not be allowed in any sensitive
habitat area designated under DCC 18.90 during the nesting period identified in the
ESEE for each site.
3. At the completion of filming, any structure or improvement for which land use approval
would otherwise be required shall obtain the required approvals or the structure or
improvement shall be removed. The County may require the applicant to post a bond in an
amount sufficient to cover the cost of removal for any such structure or improvement.
4. The standards of DCC 18.116.270(B) may be met by the imposition of conditions
calculated to ensure that this standard will be met.
D. Procedures for review. All applications subject to DCC 18.116.270 shall be processed in
accordance with DCC Title 22 with the exception that the Board of County Commissioners
shall be the initial hearings body.
E. Definitions.
1. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site
filming" means:
a. Filming and site preparation, construction of sets, staging, make-up and support
services customarily provided for on site filming.
b. Production of advertisements, documentaries, feature films, television series and other
film productions that rely on the qualities of the zone in which the filming is to be
located in more then an incidental way.
2. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site
filming" do not include:
a. Facilities for marketing, editing and other such activities that are allowed only as a
home occupation; or
b. Construction of new structures that require a building permit.
(Ord. 97-007 §1, 1997)
18.116.280. Home Occupations.
A. Home Occupations Permitted Outright In All Zones.
1. Home occupations that operate from within a dwelling, have characteristics that are
indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph
(A)(2) shall be considered uses accessory to the residential use of a dwelling.
2. Home occupations under this subsection that meet the following criteria are uses permitted
outright under Title 18 of the Deschutes County Code, the Deschutes County Zoning
Ordinance, in all zones:
a. Is conducted within a dwelling only by residents of the dwelling;
b. Does not serve clients or customers on-site;
c. Does not occupy more than 25 percent of the floor area of the dwelling;
d. Does not produce odor, dust, glare, flashing lights, noise smoke or vibrations in excess
of that created by normal residential use.
e. Does not include the on-site advertisement, display or sale of stock in trade.
B. Types. In addition to the home occupations allowed in Section A above, three Types of home
occupations maybe allowed with limitations on location and intensity of allowed uses. Type 1
allows low intensity uses and Types 2 and 3 allow progressively greater intensity of uses.
C. Type 1. Where permitted outright, a Type 1 home occupation does not require a land use
permit but shall be subject to the following criteria. A Type 1 home occupation:
1. Does not require a minimum parcel size.
Chapter 18.116 (7/2010)
2. Is conducted within a dwelling or a residential accessory structure only by residents of the
dwelling
3. Does not occupy more than 25 percent of the combined floor area of the dwelling including
attached garage and one accessory structure.
4. Creates no more than five (5) trips to the site per day for customers or clients, including
parcel delivery services;
5. May include employees or contractors that work off - site;
6. Does not produce prolonged odor, dust, glare, flashing lights or noise smoke, and vibrations
in excess of that created by normal residential use
7. Does not involve the on-site advertisement display or sale of stock in trade, other than
vehicle or trailer signage.
8. Does not include building or ground mounted signs.
9. Does not include outsides storage of equipment or materials used in the operation of the
home occupation.
10. Has adequate access and on-site parking for not more than one (1) customer, or delivery
vehicle at any given time.
11. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds gross
vehicle weight and one (1) other non-motorized wheeled equipment (trailer) which shall
not exceed 3,000 pounds gross vehicle weight.
12. Complies with all requirements of the Deschutes County Building Safety Division and the
Environmental Health Division and any other applicable state or federal laws. Compliance
with the requirements of the Deschutes County Building Safety Division shall include
meeting all building occupancy classification requirements of the state-adopted building
code.
13. Is conducted in such a way that it is compatible with the residential character, or in resource
zones, resource-oriented character of its location.
14. Does not involve any external changes to the dwelling in which the home occupation will
be established that would give the dwelling an outward appearance of a business.
15. Allows for servicing, inspecting, loading, and or dispatching of vehicles and equipment
incidental to the home occupation and stored within the dwelling, attached garage or
accessory structure.
D. Type 2. A Type 2 home occupation may be allowed as a conditional use with an approved
conditional use permit subject to the approval criteria below. A Type 2 home occupation is not
subject to the approval criteria for a conditional use permit in DCC Chapter 18.128.015 or a site
plan review under DCC Chapter 18.124. Type 2 home occupations are subject to the standards
of the zone in which the home occupation will be established A Type 2 home occupation:
1. Is conducted from a property that is at least one-half (1/2) acre in size.
2. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling
and no more than two (2) employees who report to the property for work.
3. May include employees or contractors that work off site.
4. Does not occupy more than 25 percent, up to a maximum of 1,500 square feet, of the
combined floor area of the dwelling, including attached garage and one (1) accessory
structure.
5. May include on-site sales of products associated with the home occupation that are
incidental and subordinate to the home occupation.
6. Creates no more than ten (10) business-related vehicle trips to the site per day by
employees, customers or clients, and parcel delivery services.
7. Has adequate access and on-site parking for not more than four (4) customer and employee,
or delivery vehicles at any given time.
8. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation.
Chapter 18.116 (7/2010)
9. Does not involve any external changes to the dwelling or the accessory structure in which
the home occupation will be established that would give any building an outward
appearance of a business.
10. Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations
in excess of that created by normal residential use.
11. Complies with all requirements of the Deschutes County Building Safety Division and the
Environmental Health Division and any other applicable state or federal laws. Compliance
with the requirements of the Deschutes County Building Safety Division shall include
meeting all building occupancy classification requirements of the state-adopted building
code.
12. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter
15.08 that is no more than three (3) square feet in area, non-illuminated. The ground-
mounted sign and support shall not exceed 6 feet in height and is located on the property
from which the home occupation will operate. Such signs do not require a sign permit
under DCC Chapter 15.08, Signs.
13. May be subject to an annual inspection, as a condition of an approval, to ensure compliance
with the requirements of this section and the conditions of an approved conditional use
permit.
14. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds gross
vehicle weight and one (1) other non-motorized wheeled trailer which shall not exceed
10,000 pounds gross vehicle weight.
15. Does not include outside storage of equipment or materials used in operation of the home
occupation.
16. Is conducted in such a way that it is compatible with the residential character, or in resource
zones, resource-oriented character of its location.
17. All employee, customer and delivery vehicle parking spaces shall be on-site and shall be
located outside of the required zone setbacks.
18. Any structure on the property where the home occupation is conducted shall be of a type
normally associated with the zone where it is located.
19. Does not include structural alterations affecting the residential appearance of a building to
accommodate the home occupation except when otherwise required by law, and, then, only
after the plans for such alterations have been reviewed and approved by the Deschutes
County Planning Division.
20. Allows servicing, inspecting, loading, and or dispatching of vehicles and equipment
incidental to the home occupation and stored within the dwelling, attached garage or
accessory structure.
21. Does not include the following activities:
a. Repair, towing, or storage of motorized vehicles and equipment, including but not
limited to automobiles, trucks, trailers, recreational vehicles, and boats.
b. Detailing, painting, and upholstery of motorized vehicles.
c. Businesses that store and use vehicles with a gross vehicle weight rating of greater than
or equal to 15,000 pounds or equipment with an operating weight greater than or equal
to10,000 pounds.
d. Appliance repair.
e. Welding or machine shop.
E. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved
conditional use permit. Such uses are subject to the standards of the zone in which the home
occupation will be established, in DCC Section 18.128.015, and the following limitations.
A Type 3 home occupation:
1. Is conducted from a property that is at least one-half (1/2) acre in size.
Chapter 18.116 (7/2010)
2. Is conducted in such a way that it is compatible with the residential character, or in resource
zones, resource-oriented character of its location.
3. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling
and no more than two (2) employees who report to the property for work. May have a
maximum of five (5) employees at the home occupation located on property in an EFU,
MUA10, or RR10 zone and that is at least 10 acres in size.
4. May include employees or contractors that work off site.
5. Does not occupy more than 35 percent of the combined floor area of the dwelling,
including an attached garage and one (1) accessory structure.
6. May include on-site sales of products associated with the home occupation that are
incidental and subordinate to the home occupation.
7. Creates no more than twenty (20) business-related vehicle trips to the site per day by
employees, customers or clients, including parcel delivery services.
8. Has adequate access and on-site parking for not more than five (5) customer, employee, or
delivery vehicles at any given time.
9. Is limited to the hours and days of operation proposed by an applicant and approved with a
conditional use permit.
10. Does not involve any external changes to the dwelling or accessory structure in which the
home occupation will be established that would give the dwelling an outward appearance of
a business.
11. Does not produce prolonged odor, dust, glare, flashing lights, noise smoke, or vibrations in
excess of that created by normal residential use.
12. Complies with all requirements of the Deschutes County Building Safety Division and the
Environmental Health Division and any other applicable state or federal laws. Compliance
with the requirements of the Deschutes County Building Safety Division shall include
meeting all building occupancy classification requirements of the state-adopted building
code.
13. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter
15.08 that is no more than three (3) square feet in area, non-illuminated. The ground-
mounted sign and support structure shall not exceed 6 feet in height and is located on the
property from which home occupation will operate. Such signs do not require a sign permit
under DCC Chapter 15.08, Signs.
14. May include outside storage of equipment and materials on parcels approved for a home
occupation, not to be included in the 35 percent of combined floor area.
15. Allows for servicing, inspecting, loading, and or dispatching vehicles and equipment
incidental to the home occupation and stored within the buffered and screened outside area.
16. Requires review of the home occupation approval every 12 months by the planning division
to ensure compliance with the requirements of this section and the conditions required for
approval of the use.
17. Conducts all home occupation activities within one or more structures on the property that
are of a type normally associated with the zone where it is located.
18. Locates all employee, customer and delivery vehicle parking spaces on-site and outside of
the required zone setbacks.
19. Parks all vehicles used by the operator to conduct the home occupation that have a gross
vehicle weight of 15,000 or more pounds in a garage, an accessory structure, or within a
screened area according to the requirements of DCC 18.116.280(E)(21)(a) through (e).
20. No structural alteration affecting the residential appearance of a building shall be allowed to
accommodate the home occupation except when otherwise required by law, and then only
after the plans for such alterations have been reviewed and approved by the Deschutes
County Planning Division.
Chapter 18.116 (7/2010)
21. Includes no outside storage unless the subject property is 10 or more acres in size and the
storage is setback a minimum of 20 feet from all property lines, and is maintained to screen
materials and equipment from residences on adjacent properties. The form of screening
may include, but is not limited to:
a. A sight-obscuring fence, as defined in DCC 18.04.030.
b. Intervening tree cover.
c. Topography.
d. Existing buildings on site.
e Introduced landscape materials, including, but not limited to, trees and/or shrubs on an
earthen berm.
F. Type 4. Type 4 home occupations may be allowed as conditional uses with an approved
conditional use permit only in the Exclusive Farm Use Zone. Such uses are subject to
the standards of DCC 18.16.044, and DCC 18.128.015, and the following limitations.
A Type 4 home occupation:
1. Is limited to 12 calendar days per year for commercial events.
2. Sound amplification for events shall only be allowed inside fully enclosed permanent
structures.
3. Commercial events must be operated substantially within the dwelling or other buildings
normally associated with uses permitted in the zone in which the lot, parcel, or tract is
located.
4. No more than five (5) employees may report to the property for work, exclusive of any
private vendors/caterers.
5. Employees and contractors that work off site are permitted.
6. On-site sales of products that are associated with, incidental and subordinate to, the home
occupation are permitted.
7. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter
15.08 that is no more than twenty (20) square feet in area, non-illuminated. The ground-
mounted sign and support structure shall not exceed 6 feet in height and is located on the
lot, parcel, or tract from which the home occupation will operate. A sign permit under
DCC Chapter 15.08, Signs shall be required.
8. Creates no more than ten (10) business-related vehicle trips to the site per day by
employees, customers or clients, including parcel delivery services on non-commercial
event days.
9. Creates no more than fifty (50) business-related vehicle trips to the site per day by
employees, customers or clients, including parcel delivery services on the twelve (12)
calendar days per year approved for commercial events.
(Ord 2007-021 §1, 2007; Ord 2004-002 §24, 2004, Ord 2011-XXX)
18.116.290 Amateur Radio Facilities
A. Amateur radio facilities shall meet the following criteria:
1. Antenna support structures, including guy wires and anchors shall be located
outside of the required front, rear and side yard setbacks;
2. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or
matte gray in color;
3. Amateur radio facilities shall not include attached signage, symbols, or
decorations, lighted or otherwise, other than required unlighted signage for safety
or regulatory purposes;
Chapter 18.116 (7/2010)
4. The property owner shall obtain a valid building permit if required from the
Deschutes County Community Development Department, Building Safety
Division;
5. Compliance with Federal Regulations
a. The property owner shall demonstrate compliance with applicable Federal
Communications Commission (FCC), Federal Aviation Administration
(FAA), and Oregon Department of Aviation (ODA) restrictions.
b. Compliance may be demonstrated by submitting copies of the FCC’s,
FAA’s, and ODA’s written determination to the Deschutes County
Community Development Department, Building Safety Division at time of
application for a building permit; and
6. FCC License
a. The property owner shall provide documentation of a current, valid FCC
Amateur Radio License for the operation of amateur (“Ham”) radio services
in the name of property owner.
b. Compliance may be demonstrated by submitting a copy of the property
owner’s Amateur Radio License to the Deschutes County Community
Development Department, Building Safety Division at time of application for
a building permit.
(Ord. 2008-007 §2, 2008)
TABLE 1
DCC Section 18.116.030
OFF-STREET PARKING LOT DESIGN
A B C D E F
0°
9'-0"
9'-6"
10'-0"
9.0
9.5
10.0
12.0
12.0
12.0
22.0
22.0
22.0
30.0
31.0
32.0
45°
9'-0"
9'-6"
10'-0"
19.8
20.1
20.5
13.0
13.0
13.0
12.7
13.4
14.1
52.5
53.3
54.0
60°
9'-6"
10'-0"
21.2
21.5
18.0
18.0
11.0
11.9
60.4
61.0
70°
9'-0"
9'-6"
10'-0"
21.0
21.2
21.2
19.0
18.5
18.0
9.6
10.1
10.6
61.0
60.9
60.4
90°
9'-0"
9'-6"
10'-0"
20.0
20.0
20.0
24.0
24.0
24.0
9.0
9.5
10.0
64.0
64.0
64.0
A. Parking Angle
B. Stall Width
C. 20' Stall
D. Aisle Width-One Way*
E. Curb Length Per Car
F. Bay Width
* 24' Minimum for Two-Way Traffic