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HomeMy WebLinkAbout2008-07-30 Work SessionCommunity Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: July 16, 2008 TO: Deschutes County Board of County Commissioners FROM Anthony Raguine, Senior Planner Community Development Department SUBJECT: Work Session for Text Amendment to add "Event Venue" in the Multiple -Use Agricultural (MUA) Zone; TA -08-3 PURPOSE & BACKGROUND This is a citizen -initiated text amendment that would modify the following sections of Deschutes County Code, Title 18: Section 18.04.030, Definitions; Section 18.32.030, Conditional uses permitted (MUA); Section 18.116.030, Off-street parking and loading; and Section 18.128.430, Event venue. The text amendment would allow an "Event Venue" as a conditional use in the MUA Zone. The applicant proposes the following definitions for this text amendment: "Event" means wedding, family reunion, class reunion, company picnic, or similar gathering. "Event venue" means a location where events are hosted for remuneration. As proposed, conditional use approval and site plan review would be required for each event venue application. An event venue would be allowed only on those MUA-zoned properties that adjoin an arterial roadway, and are not adjacent to an Exclusive Farm Use (EFU) or Forest Use (F1 & F2) zoned property. If approved, this text amendment would allow up to two (2) events per week, 75 vehicles per event, and 200 guests per event for smaller parcels. Staff notes that the applicant did not define "smaller parcel." Staff believes the text amendment was initiated by the applicant in response to a Code Enforcement action (C0729) against the applicant for operating a business (hosting weddings) on-site without appropriate land use approval. Staff has not repeated the proposed text amendment within this memorandum, but rather has attached the applicant's revised burden of proof (April 8, 2008) and a May 30, 2008 letter from the applicant's representative further revising the proposed amendment. TA -08-3, BOCC Memo Page 1 Quality Services Performed with Pride REVIEW CRITERIA & ANALYSIS The proposed amendment revises Deschutes County Code Title 18 to permit Event Venue as a conditional use in the MUA Zone. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment. Therefore, the county must determine that the proposed Title 18 text amendments are consistent with state statute, the Statewide Planning Goals, the County's Comprehensive Plan, and the County's Zoning Ordinance. The parameters for evaluating these text amendments are based on whether there are adequate factual findings that demonstrate this consistency. STATEWIDE PLANNING GOALS Staff has reviewed the proposed text amendment against the Statewide Planning Goals, and believes that Goals 3-19 do not apply. Goal 1: Citizen Involvement Oregon Statewide Planning Goal 1 seeks "To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process." FINDING: As part of this text amendment process, a public hearing was held on May 22, 2008 in front of the Planning Commission. A notice of this public hearing was published in the Bend Bulletin. A second public hearing will be held before the Board of County Commissioners at a date to be determined. Staff believes the intent of Goal 1 would be met. Goal 2: Land Use Planning Oregon Statewide Planning Goal 2 seeks "To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions." FINDING: In accordance with Goal 2, the applicant has submitted an application to the county to amend Title 18 of the Deschutes County Code. Staff believes the record, including the applicant's burden of proof and public comments, provides sufficient information to assure an adequate factual base to enable the county to make an informed decision regarding the text amendment. Staff believes the intent of Goal 2 would be met. DESCHUTES COUNTY COMPREHENSIVE PLAN The Deschutes County comprehensive plan does not contain policies that expressly address commercial uses in rural residential exception areas. The commercial uses allowed in the MUA are those that, historically, have been conducted on rural lands. Staff agrees with the applicant that the proposed text amendment would enhance the economy, promote tourism, and be consistent with the tourism policies listed in DCC 23.52.030(1)(a) & (b). DESCHUTES COUNTY CODE, TITLE 18, COUNTY ZONING ORDINANCE One of the stated purposes of the MUA Zone is to, "... preserve the rural character of various areas of the County while permitting development consistent with that character..." The applicant asserts that the proposed event venue use would be consistent with the purpose of TA -08-3, BOCC Memo Page 2 the MUA Zone to preserve the rural character of Deschutes County. The applicant further states that the use would help protect natural and scenic resources as owners of event venues seek to provide attractive rural settings for events that enhance the scenic quality of rural Deschutes County. The applicant concludes that the text amendment offers a means of gaining economic benefit from furthering the purposes of the Multiple Use Agricultural Zone. In determining whether the proposed amendment would comply with the purpose of the MUA Zone to preserve rural character, staff believes it is important to consider potential impacts. Traffic As proposed, an approved event venue could result in up to 320 vehicle trips in a single day onto county arterials. Staff calculated the total vehicle trips by taking the maximum number of guests allowed per event (200); dividing by the proposed parking ratio of 1 vehicle per 2.5 guests (200/2.5 = 80); multiplying by number of trips per vehicle (80 x 2 (ingress and egress) = 160); and finally multiplying by the number of events allowed in a single day (160 x 2 = 320). The applicant proposes a parking ratio of 1 vehicle per 3.0 guests. In comparing other conditionally -allowed commercial uses in the MUA Zone, staff notes that three commercial uses specifically address intensity of use in terms of vehicle trips and maximum number of guests. Type III Home Occupations are limited to a maximum of 20 vehicle trips per day (DCC 18.116.280). Bed and breakfast inns are limited to a maximum of three guest rooms and eight guests (DCC 18.128.310). Guest lodges, by definition, are limited to five guest rooms with a maximum ten guests at one time (DCC 18.04.030). Staff believes the Board should consider if a use which could result in 320 vehicle trips in a single day complies with the MUA Zone purpose. The proposed text amendment would limit potential event venues to those properties that adjoin an arterial roadway. The Planning Division's Senior Transportation Planner indicates that the functional role of arterials is to carry higher speeds, and provide for inter -regional and inter - county trips (long-distance trips). Conversely, roadways classified as collectors and locals sacrifice higher carrying speed for increasing access. A use which could result in up to 320 accesses onto an arterial could be inconsistent with the functional role of an arterial. Staff believes the Board should consider if properties adjoining roadways classified as collectors or locals would be better suited to an event venue use. Noise The proposed text amendment could result in noise impacts. The applicant proposes a number of measures to ensure that events would not result in noise impacts (see proposed 18.128.430(G)). Staff notes that the County's Noise Control Ordinance (DCC 8.08) is enforced by the Deschutes County Sheriffs Office. Staff believes the measures proposed by the applicant and listed as 18.128.430(G)(1-4), are not, as a practical matter, enforceable by the Planning Division and should be removed from the text amendment. Staff believes measure (G)(5) prohibiting outdoor generators and sound amplification devices or systems is appropriate to reduce the potential for noise impacts. Dust Staff believes the proposed text amendment could also result in dust impacts from vehicular movements on a property. As proposed, the text amendment would require conditional use approval and site plan review. Staff believes site plan approval criteria would reduce the potential for dust impacts on neighboring properties. Specifically, DCC 18.116.030(F)(4) requires that all areas used for standing or maneuvering of vehicles be paved or, if an TA -08-3, BOCC Memo Page 3 exemption is granted by the Planning Director, be surfaced and maintained in a manner which would not create dust impacts. Compatibility with Adiacent Properties In reviewing other conditionally -allowed commercial uses in the MUA Zone, staff noted that each use has specific restrictions on the intensity of the use and/or provides a buffer to adjoining properties to ensure compatibility and reduce potential adverse impacts from the use. Type III Home Occupations require a minimum 10 -acre lot size when five or more employees report to the site, and allow no more than 20 vehicle trips per day (DCC 18.116.280). Dog kennels require visual and noise buffering (DCC 18.128.100). Veterinary clinics, horse stables, horse events, and golf courses require buffering for noise, glare, odor and other adverse impacts (DCC 18.128.090). Bed and breakfast inns are limited to no more than three sleeping rooms, no more than eight guests, and are required to be operated in a way that will prevent unreasonable disturbance to area residents (DCC 18.128.310). Guest lodges shall be operated in way that will protect neighbors from unreasonable disturbance from noise, dust, traffic or trespass, and shall contain no more than five guest rooms with a maximum of 10 guests at one time (DCC18.04.030 and 18.128.350). The applicant has addressed the issue of potential impacts to neighboring properties with the approval criteria listed in proposed 18.128.430(J). Additionally, approval criteria associated with the required conditional use permit and site plan review would require a locational analysis of a proposed event venue and its potential impacts and compatibility with neighboring properties. Given the applicant's proposed text in 18.128.430(J), along with the existing conditional use and site plan review approval criteria, staff believes there are sufficient protections in place to ensure that each proposed event venue could be evaluated in a way to limit their siting to locations compatible with neighboring properties. Staff believes the Board should determine if other measures such as a minimum lot size, reduction in allowed number of events, and hours of operation should be implemented to ensure compatibility with neighboring properties and uses. PLANNING COMMISSION The Planning Commission held a work session on April 10, 2008, a public hearing on May 22, 2008, and a subsequent public meeting on July 10, 2008 to deliberate and vote on the proposed text amendment. In a 4-0 vote, with one abstention (Commissioner Irvine), the Planning Commission recommended denial of the proposed text amendment based on the following concerns: 1. Traffic: Should there be a limit on the number of trips per day and the number of vehicles? 2. Noise: How and where should appropriate noise levels be measured? 3. Setbacks: What are the appropriate setbacks for event activity areas from neighboring properties? 4. Frequency: What is the appropriate number of events per day and per week? 5. Intensity: Should there be a graduating scale for maximum number of attendees based on parcel size? Members of the Planning Commission also expressed a desire for the Board to find a way to allow event venues and still protect the rural uses. TA -08-3, BOCC Memo Page 4 ISSUES RAISED BY THE PUBLIC During the public hearing and in written comments submitted into the record, a number of issues were raised by the public. Staff briefly lists these issues below. 1. The proposed text amendment should be expanded to include all of Deschutes County, and not just lands zoned MUA. 2. The text amendment would negatively affect the quality of life enjoyed by residents in the rural county and would not be consistent with the rural character of the MUA Zone by allowing significant noise, traffic, and visual impacts. 3. The MUA Zone is not an appropriate zone for urban and commercial activities such as event venues. 4. Approving event venues could result in conflicts between events and allowed farming practices (field burning, fertilizing, operating farm equipment). 5. Noise impacts from events affect livestock. 6. There are a sufficient number of legal venues in Deschutes County to accommodate weddings. 7. The text amendment does not meet the stated purpose of the MUA Zone. 8. Allowing event venues would depreciate land values. 9. Event venues are an important source of income to event venue operators, event -related businesses (caterers, florists, DJs), and the Deschutes County tourism industry. 10. The county should find a way to allow event venues in Deschutes County. 11. Current event venue operators should not be subject to code enforcement actions during this process. 12. Event venues are appropriate to the MUA Zone because it is a transition zone from rural to urban uses. 13. The county should pursue code enforcement for all illegal event venue operators. 14. The county should consider a minimum lot size and a reduction in the number of allowed events. 15. Promoting tourism is not a stated purpose of the MUA Zone. EXPANSION OF TEXT AMENDMENT TO INCLUDE OTHER ZONES In response to public testimony and the Planning Commission's request to consider other zones for event venues, Planning staff contacted Jon Jinnings, Regional Representative, Department of Land Conservation and Development (DLCD). According to Mr. Jinnings, outdoor events envisioned by the proposed amendment would not comply with current state law for resource zones (exclusive farm use and forest zones) and could only be allowed as a home occupation. Staff notes that the current definition of a home occupation requires the business be conducted from within a dwelling and/or accessory structure. Staff believes outdoor events would not fit into the current home occupation definition. Staff notes that a change to the proposed text amendment to add other zones would probably require a new 45 -day notice to DLCD and would definitely require new notice of the public hearing, to allow both DLCD and the public an opportunity to comment on the amendment. OTHER EVENT ORDINANCES As indicated in the applicant's Burden of Proof, Hood River and Clackamas Counties allow `events' as home occupations. Both ordinances allow up to 300 guests per event, and up to seven events per week. Both ordinances also impose limits on the hours of operation (7 am to TA -08-3, BOCC Memo Page 5 10 pm — Hood River; 8 or 9 am to 10 pm — Clackamas County). The Hood River ordinance requires that the subject property have an established bed and breakfast, farm, or winery. The Clackamas ordinance limits events to properties with an established winery. Both ordinances are included in the Board's packet for review. ATTACHMENTS Applicant's Revised Burden of Proof (April 8, 2008) May 30, 2008 Letter from Applicant's Attorney Clackamas County Zoning Development Ordinance, Section 806, Home Occupation to Host Events Hood River County Zoning Ordinance, Article 73, Home Occupation to Host Weddings & Related Events TA -08-3, BOCC Memo Page 6 BEFORE THE HEARINGS OFFICER AND COUNTY COMMISSION OF DESCHUTES COUNTY, OREGON Applicant: Jim C. Lopez 62279 Powell Butte Road Bend, Oregon 97701 Applicant's Paul Heatherman Attorney: Paul Heatherman, LLC 960 SW Disk Drive, Suite 101 PO Box 8 Bend, Oregon 97709 Phone: 541.390.1010 Request: I. OVERVIEW Supplemental Application for Legislative Amendment to DCC Chapter 18.32 and 18.128 to Allow an Event Venue as a Conditional Use in the MUA Zoning District on Properties that Adjoin Major Arterial Streets The Applicant is proposing .to amend one chapter in the Deschutes County Code ("DCC"). The Applicant is proposing to amend DCC 18.32 to add a new conditional use. The new use will be the "Special Event venue" and will be designated as such within Section 18.32.030. The proposed Special Event venue conditional use is designed to allow a place where weddings and other events can be held, legally, within one of the rural zones. The proposed text for the Special Event venue will permit applicants to seek conditional approval of existing and proposed event venues and thereby allow better monitoring of these uses and provide a procedure whereby such venues could operate lawfully to fill a deficiency in the number of wedding venues in the area. Such locales as the River House and Sunriver regularly refer potential patrons to alternate venues because they lack the capacity to meet the heavy demand for places to host events in the picturesque beauty that draws so many to Central Oregon. II. REQUEST In this legislative action the applicant requests approval of an amendment to the County's zoning code to create a new conditionally permitted use, an events venue, within the MUA zoning district. The use will allow events to be hosted in a non -resource, non -urban zone. The following is the new text proposed for the County Code: Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Event Venue" means a location where events are hosted for remuneration. "Event" means wedding, family reunion, class reunion, company picnic, or similar gathering. 1 Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE — MUA 18.32.030. Conditional Uses Permitted. *** GG. Event venue, subject to the requirements set forth in DCC 18.124 and 18.128.430. Chapter 18.116. SUPPLEMENTARY PROVISIONS *** D)(6 Use Requirements Event venue 1 space per 2.5 attendees (use maximum possible attendance), plus 1 space per employee Chapter 18.116. SUPPLEMENTARY PROVISIONS Chapter 18.128. CONDITIONAL USE 18.128.430. Event venue. The Planning Director or Hearings Body may authorize an event venue as a conditional use, subject to the following standards: A. An event venue may not be established on property that is located adjacent to an EFU or Forest zoning district. B. An event venue may be established only on property that adjoins and has access to a rural arterial street. C. The property used for an event venue must, also, contain an occupied single-family residence. D. A maximum of two (2) events shall be allowed per day with a maximum of three (3) events per week. E. The maximum number of guests for any single event shall not exceed 300. F. All lighting used during events shall comply with the Deschutes County Outdoor Lighting Control Ordinance (DCC 15.10) and be arranged and shielded so as not to shine onto adjacent properties or rights-of-way. G. Noise shall be regulated as follows: 1. From 7:00 a.m. until 10:00 pm, the average peak sound pressure level of the noise shall not exceed the greater of 60 dB(A) or the ambient noise level when measured off the subject property. 2. Noise generated by passenger vehicles exiting or entering the subject property shall be exempt from the noise standards, and the off -the -property noise standards shall not apply to public rights-of-way and railroad rights-of-way. 3. A noise study may be required to demonstrate compliance with the noise standards. 4. If a noise study is required, measurements shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified in ANSI Standard 1.4-1971. The sound level meter shall contain at least an A -weighted scale, and both fast and slow meter response capability. The Personnel making measurements shall have completed training in the use of the sound level meter, 2 and measurement procedures consistent with that training shall be followed. 5. Outdoor generators and outdoor sound amplification devices or systems shall not be allowed. H. Equipment, furniture, goods, and other amenities used for events shall be stored indoors on non-event days. The use shall not take an outward appearance nor manifest any characteristics of a business or operation of a retail or wholesale nature, except for those characteristics normally associated with or allowed for a primary use in the subject zoning district, on non-event days. 1. Events conducted on a property approved as an event venue do not require approval as a special event or mass gatherinq. J. The location of the event venue and associated structures shall be clearly delineatedon the site plan. The event venue location and associated structures shall be sited and designed to effectively screen neighboring uses from noise, glare, odor, traffic and other adverse impacts. The. Planning. Director or Hearings Body may require landscaping to ensure effective screening. III. REASONS TO APPROVE AMENDMENT • Weddings and other events are in high demand in the County, and that demand cannot be satisfied with the current inventory of commercial meeting locations. • Tourism is important to the County's economy, and this amendment fosters the infusion of thousand of dollars per year from out of area visitors. • This amendment will promote pastures, farming, and other rural beautification projects by county homeowners, which will increase property values and preserve the rural character of the affected neighborhoods. • This amendment also serves to promote entrepreneurship and fosters a source of income for County residents. • This amendment contains reasonable safeguards to ensure that neighbors will not be subjected to excessive noise or traffic. The applicant is proposing to allow special events to be hosted in venues that are specially designed and regulated to assure that they are compatible with area uses. The applicant is proposing that event venues be allowed in limited locations in the MUA zoning district, a non - resource zone. The applicant is proposing that event venues be permitted on properties that adjoin rural arterial roads, roads that are designed and developed to carry a high volume of traffic. The arterial road access required by the proposed amendment will assure good access to an event venue. The requirement will prevent event venues from being located in the quiet rural residential neighborhoods found along local roads and at the end of cul-de-sacs. Instead, the use will be conducted where property owners are accustomed to vehicle noise and traffic and where the event use will not cause a major change in the character of the area. Tourism is a significant source of revenue for Deschutes County. The Annual Wedding Expo, which is held at the Deschutes Count Fairgrounds, clearly reflects that there is a vibrant wedding industry in Deschutes County, which includes wedding planners, venues that host events, photography, flowers, and the like. The applicant is proposing the event venue use as there is a lack of legal locations in Central Oregon that are suited for rural weddings. The proposed text will allow this needed use while imposing conditions which will ensure that the use will comply with all County regulations and fit with the surrounding neighborhood. The event venue business will improve the economic base of the County. The event venue business relies on the natural beauty of Central Oregon to attract business. As a result, the legalization of the event venue business will support the County's goal of creating an attractive, rural environment. The proposal will allow for the legalization of the event locales now operating ultra vires and will provide commercial uses which will complement the natural beauty of the high desert and thereby enhance its character as a vacation destination. At least two Oregon counties have addressed the need for event venues their respective zoning ordinances by allowing this use as a part of home occupations. These counties are: Hood River County. Hood River County adopted Article 73 - Home Occupation to Host Weddings & Related Events in 2005. This ordinance can be viewed at: htto://www.co.hood-river.or.us/documents/ZoninqOrd/Article73.pdf 2 Clackamas County. Clackamas County allows home occupations to host events, subject to Section 806. This ordinance can be viewed at: http://www.clackamas.us/docs/dtd/zdo/ZD0806.pdf Relevant portions used to draft this proposed amendment include: During the months of November through March, no event shall take place outside the hours of 9:00 a.m. to 10:00 p.m. During the months of April through October, no event shall take place outside the hours of 8:00 a.m. to 10:00 p.m. These time restrictions do not apply to persons involved in the set-up or clean-up of the facilities. J. During the months of November through March, no more than five events shall be allowed per week. During the months of April through October, no more than seven events shall be allowed per week. K. A maximum of two events shall be allowed per day. L. The maximum number of guests for any single event shall not exceed 300. However, a lower limit may be imposed based on site capacity constraints. M. All lighting used during events shall be arranged and shielded so as not to shine onto adjacent properties or rights-of-way. '1. The minimum parking requirement shall be one space per three guests based on the maximum number of guests permitted for any single event. An additional space shall be provided for each employee. Benton County Planning Division officials have found that wedding facilities are permissible as private parks. The Deschutes County Code allows private parks but the County's Community Development Department takes the position that wedding facilities do not qualify as private parks. While Hood River and Clackamas Counties address the event venue issue by allowing -the use as a specialized home occupation, the Deschutes County Community Development Department staff has expressed a desire that it be addressed via providing an additional conditional use. Each county has a different classification scheme for non -resource lands but residential non - resource lands (however labeled) are roughly comparable to one another. CDD has expressed a desire that the proposed text amendment be addressed as a Conditional Use rather than as a Home Occupation. The applicant has, however, suggested that event venues be located on properties that are also developed with a single family residence. The reason for imposing this requirement is to encourage the operator of the event venue to reside on the property and to create a venue that is consistent with a rural residential setting. The widespread hosting of events in rural areas within Deschutes County belies the need for a manner in which to do so legally. Some counties lack specific ordinances but have allowed such uses in conjunction with agriculture on resource (EFU) lands. Because non -resource lands are not as strictly regulated we believe the proposed use can be easily accommodated in Rural Residential or Multiple Use zones independent of agricultural uses. While MUA properties are generally far too small to be suitable for full-time commercial farming, allowing these properties to be used as venues encourages their cultivation and active maintenance for its aesthetic value. This use is not at odds with the non-commercial farming that MUA properties are suited for. Only by allowing such uses can farming be encouraged because the farming itself is not profitable. It is only through vertical integration and the incorporation of agriculture into more expansive business plans (i.e. cultivating lavender to be used as a draw and as a component in toiletries) that agricultural uses in Deschutes County can be self-sustaining. The proposed use is fully consistent with the purposes of the MUA zone as well as the rural development goals of the Deschutes County Comprehensive Plan. Allowing this as a conditional use in certain zones will better allow the County to regulate these venues and encourage future venues to locate in zones which permit them. I11. APPLICABLE CRITERIA The Deschutes County Code lacks approval criteria for legislative zone change applications. In such cases, the County typically reviews state statutes, its comprehensive pian and, if applicable, the Statewide Goals to determine whether to approve a legislative text amendment. DCC 18.136.010, Amendments, states that DCC Title 18 may be amended and directs the County to use the procedures for text changes set forth in DCC 22.12. DCC 12.030 provides that a legislative change may be initiated by application of an individual. The application is to be heard by the Deschutes County Planning Commission and Board of County Commissioners. IV. REVIEW OF APPLICABLE LAW Statewide Goals 5 1. The Proposed Amendment to the Comprehensive Plan Complies with Statewide Planning Goals a. Statewide Planning Goals. In order for a county to amend its comprehensive plan, state law requires that it make findings of compliance with the Statewide Planning Goals and Guidelines contained in OAR 660-015-0000. Each Statewide Planning Goal is addressed below: (1) Goal 1: Citizen Involvement. The purpose of Goal 1 is to develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The County has a development code with procedures and processes that insure citizens have the opportunity to be involved in all land use matters, including applications for the approval of legislative text amendments. The application process for this text amendment proposal will follow the County's adopted process and procedures. At a minimum, that process includes a hearing before the County's planning commission and before the Board of County Commissioners. In addition, each body typically considers the applications at work sessions that are held as open, public meetings. Notices of hearings are provided to DLCD and others as required. The public will be provided opportunities to participate in public hearings. The County, also, posts the application and all materials filed by parties and staff on the County's website. The website is readily accessible to the public. (2) Goal 2: Land Use Planning. The purpose of Goal 2 is to establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Goal 2 contains the standards local governments must meet when they adopt exceptions to any of the Statewide Goals. The County's Comprehensive Plan currently complies with the requirements of Goal 2 and has been acknowledged as doing so. The proposal is being made under the procedures provided for in the current plan and its implementing ordinances by requiring the Applicant to prove compliance with all required approval criteria. The text amendment does not involve an exception to any of the Statewide Goals. (3) Goal 3: Agricultural Lands. The purpose of Goal 3 is to preserve agricultural lands. Event venues will not be allowed on agricultural lands protected by Goal 3. The goal of preserving agricultural land will not be adversely impacted by the proposal as it requires create a buffer between events facilities and agricultural lands. (4) Goal 4: Forest Lands. The purpose of Goal 4 is to conserve forestlands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. The text amendment will not allow event venues to be sited on property designated as forest land. The goal of preserving forest land will not be adversely impacted by the proposal as event venue properties may not adjoin forest land. (5) Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. The purpose of Goal 5 is to protect natural resources and conserve scenic and historic areas and open spaces. The approval of this application will not prevent the County from achieving compliance with Goal 5 and, in fact, encourages the preservation of open fields and green pastures. The County has adopted overlay zones to protect many of its Goal 5 resources. Those zones will continue to apply to protect inventoried Goal 5 resources. Additionally, this change does not seek to change any aspect of the County's Goal 5 inventory of historic areas or buildings. As a matter of State law, County - inventoried historic properties are protected only if the property owner consents and must be removed from protection at the request of the owner. The applicant has proposed that event venues be located on properties that adjoin major arterial streets. This requirement focuses the event venue use to areas that are already impacted by human activities; in this case, motor vehicle traffic. (6) Goal 6: Air, Water and Land Resource Quality. The purpose of Goal 6 is to maintain and improve the quality of the air, water and land resources of the state. The requirement of this goal is that any waste and process discharges from future development, when combined with existing development, shall not exceed the carrying capacity of air, water and land resources. The proposed text amendment imposes specific requirements for the disposal of solid waste. County staff has commented that these requirements are not needed as the issue will be reviewed by the County Environmental Health Division, and possibly the Oregon Department of Environmental Quality, during review of the conditional use permit. (7) Goal 7: Areas Subject to Natural Disasters and Hazards. natural hazards. The purpose of Goal 7 is to protect people and property from 7 The approval of this application will not negatively impact the County's compliance with Goal 7. The requirement to locate the events venues on rural arterial roads is consistent with Goal 7 as it will allow for prompt evacuation of event venue sites in the event of an emergency. (8) Goal 8: Recreational Needs. The purpose of Goal 8 is to satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Events •venues are often found in public parks. Allowing venues on private lands in the MUA10 or RR zones will help reduce the demand to create new venues in public parks and, thereby, protect the parks for recreational use. (9) Goal 9: Economic Development. The purpose of Goal 9 is to provide adequate opportunities throughout the state fora variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The approval of this proposal is needed to allow existing event venues to continue to operate in rural areas of the County — where many are now located. These venues are an important part of the area economy. Events typically draw visitors from outside the region to visit Central Oregon and spend money that supports the local economy. A number of visitors have, after visiting, chosen to move their homes and businesses to Central Oregon. This helps maintain a robust local economy. citizens of the state. (10) Goal10: Housing. The purpose of Goal 10 is to provide for the housing needs of Goal 10 applies to urban and urbanizable lands. No land of this type will be affected by this proposal as the MUA10 and RR zones do not contain such lands. (11) Goal 11: Public Facilities and Services. The purpose of Goal 11 is to plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The proposed text amendment will not result in a violation of Goal 11. Goal 11 prohibits the County from allowing higher density residential development on land based on the existence of water service. It also, as a general rule, prohibits sewer service on rural lands. The text amendment will not provide for increased residential density. Also, it will not allow sewer service on rural lands. 8 (12) Goal12: Transportation. The purpose of Goal 12 is to provide and encourage a safe, convenient and economic transportation system. The purpose of Goal 12 is to provide and encourage a safe, convenient and economic transportation system. Goal 12 is implemented throughout the Transportation Planning Rule set out in OAR 660-012-0060. Transportation Planning Rule OAR Section 660-012-0060 of the Transportation Planning Rule ("TPR") sets forth the relative criteria for evaluating plan and land use regulation amendments. Plan and Land Use Regulation Amendments (1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); Response: The proposed text amendment does not seek to change the functional classification of any transportation facility in the vicinity of the site. Event venues must be located on minor arterials — the streets best able to handle event venue traffic. (b) Change standards implementing a functional classification system; or Response: The proposed text amendments will not change standards implementing a functional classification system. (c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. 9 Response: The County has adopted transportation study requirements and standards that assure that uses will not overwhelm local transportation facilities. The applicant has proposed to limit event venues to rural arterial streets to prevent overburdening the County street system. If event venues were allowed on lower order streets, they would still need to use the arterial street system but would also use the lower order streets. Rural residential, farm and forest zone properties are already being used as event venues. Events are allowed, without land use approval, throughout the rural areas of the County with a mass gathering permit. The event venue approach will encourage events to be held in the areas of the County where it makes the most sense to hold them and where they will have the lowest possible negative impact on the County's local street network. (13) Goal 13: Energy Conservation. The purpose of Goal 13 is to conserve energy. The County's comprehensive plan will continue to comply with Goal 13 after approval of this application. The text amendment will not prevent the conservation of energy. (14) Goal 14: Urbanization. The purpose of Goal 14 is to provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Goal 14 is not applicable. It applies to urban growth boundaries and reserve areas. The MUA10 and RR zoning districts are located outside of those areas. (15) Goal 15: Willamette River Greenway. The purpose of Goal 15 is to protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Goal 15 does not apply to this application because no part of Deschutes County lies within the geographic area addressed in this Goal. (16) Goal 16: Estuarine Resources. The purpose of Goal 16 is to recognize and protect the unique environmental, economic, and social values of each estuary and associated wetlands; and To protect, maintain, where appropriate develop, and where appropriate restore the long-term environmental, economic, and social values, diversity and benefits of Oregon's estuaries. 10 Goal 16 does not apply to this application because no part of Deschutes County lies within the geographic area addressed in this Goal. (17) Goal 17: Coastal Shorelands. The purpose of Goal 17 is to conserve, protect, where appropriate, develop and where appropriate restore the resources and benefits of all coastal Shorelands, recognizing their value for protection and maintenance of water quality, fish and wildlife habitat, water -dependent uses, economic resources and recreation and aesthetics. The management of these shoreland areas shall be compatible with the characteristics of the adjacent coastal waters; and To reduce the hazard to human life and property, and the adverse effects upon water quality and fish and wildlife habitat resulting form the use and enjoyment of Oregon's coastal shorelands. Goal 17 is not applicable to this application because no part of Deschutes County lies within the geographic area addressed in this Goal. (18) Goal 18: Beaches and Dunes. The purpose of Goal 18 is to conserve, protect, where appropriate develop, and where appropriate restore the resources and benefits of coastal beach and dune areas; and To reduce the hazard to human life and property from natural or man -induced actions associated with these areas. Goal 18 is not applicable to this application because no part of Deschutes County lies within the geographic area addressed in this Goal. (19) Goal 19: Ocean Resources. The purpose of Goal 19 is to conserve marine resources and ecological functions for the purpose of providing long-term ecological, economic, and social value and benefits to future generations. Goal 19 is not applicable to this application because no part of Deschutes County lies within the geographic area addressed in this Goal. State Statutes The zoning text change proposed by the applicant does not violate any applicable State law. Deschutes County Comprehensive Plan The Deschutes County comprehensive plan does not contain policies that expressly address the commercial uses in rural residential exceptions areas. The commercial uses allowed in the MUA are those that, historically, have been conducted on rural lands. The applicant believes that the event venue use fits within the private park and playground use already allowed by the code but is seeking this amendment to make that fact clear and to limit the potential locations of 11 the event venue use to those best suited for the activity. This approach will protect the rural character of the community consistent with the goals and policies of the comprehensive plan. In particular, the proposal is consistent with the following provisions of DCC 23.52: 1. Tourism. a. The importance of tourism to the local economy is well known, but there also exists considerable potential for strengthening and improving this segment of the economy. The County shall assist in the development of a long-range plan to encourage tourism (including destination resorts) and recreation locally (see Recreation Chapter for additional information). *** b. Private commercial activities consistent with other County policies which enhance tourism shall be encouraged by the County. *** 2. Natural resources. a. The County shall protect agricultural land to assure continued agricultural production and the benefits to tourism (see Agricultural chapter). *** The proposed text amendments will allow for more diverse development that will create additional opportunities for businesses within non -resource rural areas. It will enhance the economy and will have the added effect of maintaining properties in a picturesque setting, which benefits property values and neighborhood aesthetics. iChaeter 23.124. CITIZEN INVOLVEMENT *** 23.124.20 8. To provide the opportunity for the public to identify issues of concern and encourage their involvement in planning to addresses those issues. *** The notice and hearing process associated with the Conditional Use Permit provide for citizen involvement and airing of concerns. Zoning Ordinance As discussed earlier, the use proposed is similar to uses already allowed in the MUA zone. The approval of the event venue use will be consistent with the purpose and provisions of the MUA zone. Chanter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA Purpose. The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full-time commercial farming for diversified or part-time agricultural uses; . . . to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of the air, water and land resources of the County ... and to provide for an orderly and efficient transition from rural to urban land use. 12 The proposed event venue use is consistent with the purpose of the MUA zone as an event venue use is consistent with the rural character of Deschutes County. The use will help protect natural and scenic resources as owners of event venues seek to provide attractive rural settings for events that enhance the scenic quality of rural Deschutes County. The instant proposal offers a means of gaining economic benefit from furthering the purposes of the Multiple Use Agricultural Zone. The creation of the Special Event venue will not require amendments to other sections of the County code. 13 I" Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA 18.32.010. Purpose. 18.32.020. Uses Permitted Outright. 18.32.030. Conditional Uses Permitted. 18.32.035. Destination Resorts. 18.32.040. Dimension Standards. 18.32.050. Yards. 18.32.060. Stream Setbacks. 18.32.070. Rimrock Setback. 18.32.010. Purpose. The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full-time commercial farming for diversified or part-time agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. (Ord. 95-075 §1, 1995) 18.32.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: a. Fewer than 10 riders; b. Ten to 25 riders, no more than two times per month on nonconsecutive days; or c. More than 25 riders, no more than two times per year on nonconsecutive days. H. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. J. Type 1 Home Occupation, subject to DCC 18.116.280. (Ord. 2004-002 §3, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 94-008 §10, 1994; Ord. 93-043 §4, 1993; Ord. 93-001 §1, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §18, 1991; Ord. 91-002 §6, 1991) 18.32.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public use. 14 B. Semipublic use. C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal-use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Churches, subject to DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a school. Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery, mausoleum or crematorium. AA.Commercial horse stables. BB.Horse events, including associated structures, not allowed as a permitted use in this 15 zone. CC.Manufactured home park on a parcel in use as a manufactured home park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996, as a manufactured home park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. DD.Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). EE. Guest lodge. FF. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. GG.Event venue, subject to the requirements set forth in DCC 18.116.430. (Ord. 2004-002 §4, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997; Ord. 96-038 §1, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §§27 and 35, 1990; Ord. 91-005 §§19 and 20, 1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980). 18.32.035. Destination Resorts. Destination resorts may be allowed as a conditional use, subject to all applicable standards of the DR Zone. (Ord. 92-004 §4, 1992) 18.32.040. Dimensional Standards. In an MUA Zone, the following dimensional standards shall apply: A. The minimum lot size shall be 10 acres, except planned and cluster developments shall be allowed an equivalent density of one unit per seven and one-half acres and planned and cluster developments within one mile of an acknowledged urban growth boundary shall be allowed a five acre minimum lot size or equivalent density. B. The minimum average lot width shall be 100 feet and the minimum street frontage 50 feet. C. The minimum average lot depth shall be 150 feet. D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC 18.120.040. (Ord. 2006-008 §4, 2006; Ord. 92-055 §3, 1992; Ord. 91-020 §1, 1991) 18.32.050. Yards. A. The front yard setback from the property line shall be a minimum of 20 feet for property fronting on a local street right of way, 30 feet from a property line fronting on a collector right of way, and 80 feet from an arterial right of way unless other provisions for combining accesses are provided and approved by the County. B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before November 1, 1979, which are one-half acre or less in size, the side yard setback may be reduced to a minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for farm use, the adjacent side yard for a dwelling shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to 16 property receiving special assessment for farm use, the rear yards for a dwelling shall be a minimum of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under. DCC 15.04 shall be met. (Ord. 2005-011 §1, 2005; Ord. 94-008 §17, 1994; Ord. 91-020 §1, 1991; Ord. 88-021 §1, 1988; Ord. 83-037 §9, 1983) 18.32.060. Stream Setbacks. To permit better light, air, vision, stream pollution control, fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. (Ord. 91-020 §1, 1991) 18.32.070. Rimrock Setback. Setbacks. from rimrock shall be as provided in DCC 18.116.160. (Ord. 86-053 §6, 1986) 17 Chapter 18.128. CONDITIONAL USE 18.128.010. Operation. 18.128.015. General Standards Governing Conditional Uses. 18.128.020. Conditions. 18.128.030. Performance Bond. 18.128.040. Specific Use Standards. 18.128.050. Airports, Aircraft Landing Fields, Aircraft Charter, Rental, Service Maintenance Facilities Not Located in the A -D Zone. 18.128.060. Automobile Wrecking Yard or Junkyard. 18.128.070. Cemeteries. 18.128.080. Church, Hospital, Nursing Home, Convalescent Home, Retirement Home. 18.128.090. Medical Clinic, Veterinary Clinic, Club, Lodge, Fraternal Organization, Community Center, Grange Hall, Golf Course, Horse Stable and Horse Events Requiring Conditional Uses, Grounds and Buildings For Games or Sports, Country Club, Swimming, Boating, Tennis Clubs and Similar Activities, Government Structures and Land Uses, Parks, Playgrounds. 18.128.100. Dog Pounds and Kennels. 18.128.110. Repealed. 18.128.120. Landfill, Solid Waste Disposal Site. 1$.128.130. Commercial Use or Accessory Use Not Wholly Enclosed Within A Building, or a Retail Establishment, Office, Service Commercial Establishment, Financial Institution, or Personal or Business Service Establishment on a Lot Adjoining or Across a Street From Lot on a Residential Zone. 18.128.140. Commercial Amusement Establishment. 18.128.150. Manufactured Home Park. 18.128.160. Multi -Family Dwelling Complex. 18.128.170. Recreational Vehicle Park. 18.128.180. Radio, Television Tower, Utility Station Or Substation. 18.128.190. Schools. 18.128.200. Cluster Development (Single -Family Residential Uses Only). 18.128.210. Planned Development. 18.128.220. Planned Communities. 18.128.230. Dude Ranches. 18.128.240. Shopping Complex. 18.128.250. High -Temperature Geothermal Wells and Small -Scale Geothermal Energy Facilities. 18.128.260. Hydroelectric Facilities. 18.128.270. Fill and Removal. 18.128.280. Surface Mining of Resources Exclusively for On -Site Personal, Farm or Forest Use or Maintenance of Irrigation Canals. 18.128.290. Storage, Crushing and Processing of Minerals in Conjunction With the Maintenance or Construction of Public Roads or Highways. 18.128.300. Mini -Storage Facility. 18.128.310. Bed and Breakfast Inn. 18.128.320. Campgrounds. 18.128.330. Microwave and Radio Communication Towers in the SM Zone. 18.128.340. Wireless Telecommunications Facilities. 18.128.350. Guest Lodge. 18.128.360. Guest Ranch. 18.128.370. Time -Share Unit. 18 18.128.380. Procedure for Taking Action on Conditional Use Application. 18.128.390. Time Limit on a Permit for a Conditional Use. 18.128.400. Occupancy Permit. 18.128.410. Repealed. 18.128.420. Building Permit for an Approved Conditional Use. 18.128.010. Operation. A. A conditional use listed in DCC Title 18 shall be permitted, altered or denied in accordance with the standards and procedures of this title; DCC Title 22, the Uniform Development Procedures Ordinance; and the Comprehensive Plan. B. In the case of a use existing prior to the effective date of DCC Title 18 and classified in DCC Title 18 as a conditional use, any change in use or lot area or an alteration of structure shall conform with the requirements for a conditional use. (Ord. 86-032 §1, 1986) 18.128.015. General Standards Governing Conditional Uses. Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics 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 shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). C. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to insure that the standard will be met. (Ord. 92-047 §1, 1992; Ord. 91-038 §3, 1991) 18.128.020. Conditions. In addition to the standards and conditions set forth in a specific zone or in DCC 18.124, the Planning Director or the Hearings Body may impose the following conditions upon a finding that additional restrictions are warranted. A. Require a limitation on manner in which the use is conducted, including restriction of hours of operation and restraints to minimize environmental effects such as noise, vibrations, air pollution, glare or odor. B. Require a special yard or other open space or a change in lot area or lot dimension. C. Require a limitation on the height, size or location of a structure. D. Specify the size, number, location and nature of vehicle access points. E. Increase the required street dedication, roadway width or require additional improvements within the street right of way. F. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or loading area. G. Limit or specify the number, size, location, height and lighting of signs. H. Limit the location and intensity of outdoor lighting and require shielding. I. Specify requirements for diking, screening, landscaping or other methods to protect adjacent or nearby property and specify standards for installation and maintenance. 19 J. Specify the size, height and location of any materials to be used for fencing. K. Require protection and preservation of existing trees, vegetation, water resources, wildlife habitat or other significant natural resources. L. Require that a site plan be prepared in conformance with DCC 18.124. (Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 83-037 §24, 1983) 18.128.030. Performance Bond. The Planning Director or Hearings Body may require the applicant to furnish the County with a performance bond or other adequate form of assurance to guarantee development in accordance with the standards and conditions attached in granting a conditional use permit. (Ord. 91-020 §1, 1991) 18.128.040. Specific Use Standards. A conditional use shall comply with the standards of the zone in which it is located and with the standards and conditions set forth in DCC 18.128.045 through DCC 18.128.370. (Ord. 2000-033 §9, 2000; Ord. 94-053, §6, 1994; Ord. 94-008 §15, 1994; Ord. 91-020 §1, 1991; Ord. 91-005 §§46 and 47, 1991; Ord. 90-014 §§39 and 40, 1990; Ord. 89-008 §1, 1989; Ord. 87-032 §1, 1987; Ord. 86-056 §§3 and 4, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §9, 1985; Ord. 84-023 §4, 1984; Ord. 84-015 §3, 1984; Ord. 80-206 §4, 1980) 18.128.050. Airports, Aircraft Landing Fields, Aircraft Charter, Rental, Service Maintenance Facilities Not Located in the A -D Zone. The Planning Director or Hearings Body shall find that the location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties and that the location will not unnecessarily restrict existing and future development of surrounding lands as indicated in the Comprehensive Plan. (Ord. 95-075 §1, 1995; Ord. 93-043 §23, 1993; Ord. 91-020 §1, 1991) 18.128.060. Automobile Wrecking Yard or Junkyard. Before being issued a conditional use permit, an automobile wrecking yard or junkyard shall meet the following requirements: A. The yard shall be enclosed and screened from public view by a sight -obscuring fence not less than six feet in height. B. All automobiles, wrecked or otherwise, shall be kept inside the fenced area at all times, except that vehicles belonging to customers may be parked outside of the enclosed area while at the establishment or business. C. All sales, display, storage, repair or other handling of products, merchandise, equipment and other articles shall occur from an enclosed building or within the fenced area. D. If applicable, the proposal shall conform to state regulations. (Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.070. Cemeteries. The Planning Director or Hearings Body shall find that the terrain and soil types of a proposed location are suitable for internment, and that the nature of the subsoil and drainage will not have a detrimental effect on groundwater sources or domestic water supplies in the area of the proposed use. (Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 20 18.128.080. Church, Hospital, Nursing Home, Convalescent Home, Retirement Home. A. Such a use shall be authorized as a conditional use only upon finding that sufficient area is provided for the building, required yards and off-street parking. Related structures and uses such as a manse, parochial school or parish house are considered separate uses and additional lot areas shall be required therefore. B. The applicant shall address the following issues in the application: 1. Probable growth and needs thereof. 2. Site location relative to land uses in the vicinity. 3. Conformity with Deschutes County Road Department standards for proposed access to and from principal streets and the probable effect of the proposal on the traffic volume of adjoining and nearby streets. C. Such uses or related buildings shall be at least 30 feet from a side or rear lot line. D. Except as provided in Section 18.80.028 of the A -S zone, such uses may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure. E. Churches in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. (Ord. 2006-008 §9, 2006; Ord. 2004-013 §14, 2004; Ord. 98-013 §2, 1998; Ord. 95-075 §1, 1995; Ord. 93-043 §23A, 1993; Ord. 91-020 §1, 1991) 18.128.090. Medical Clinic, Veterinary Clinic, Club, Lodge, Fraternal Organization, Community Center, Grange Hall, Golf Course, Horse Stable and Horse Events Requiring Conditional Uses, Grounds and Buildings For Games or Sports, Country Club, Swimming, Boating, Tennis Clubs and Similar Activities, Government Structures and Land Uses, Parks, Playgrounds. In considering the above, the Planning Director or Hearings Body may authorize the conditional use after it has been determined that the following will be provided: A. Access from principal streets subject to Deschutes County Road Department standards. B. Off-street parking subject to DCC 18.116.030. C. Building and site design provisions, including landscaping, that will effectively screen neighboring uses from noise, glare, odor and other adverse impacts. D. Playgrounds, recreation facilities and community centers in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. (Ord. 98-013 §§3, 1998; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.100. Dog Pounds and Kennels. The Planning Director or Hearings Body may authorize a dog pound or kennel as a conditional use provided that building and site design provisions are adequate to minimize noise and odor. When necessary to protect surrounding properties, the Hearings Officer may require a sight -obscuring fence or hedge and may restrict vehicular access and loading facilities, especially those required by trucks transporting large animals. (Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.110. Home Occupations. (Repealed by Ord. 2004-002 §25, 2004) 18.128.120. Landfill, Solid Waste Disposal Site. The Planning Director or Hearings Body may authorize a landfill or other solid waste disposal 21 site as a conditional use, subject to the following standards: A. The proposed site shall not create a fire hazard, litter, insect or rodent nuisance, or air or water pollution in the area. B. The proposed site shall be located in or as near as possible to the area being served. C. The proposed site shall be located at least one-quarter mile from any existing dwelling, home or public road (except the access road). D. The proposed site shall be provided with a maintained all-weather access road. E. Applications for a conditional use permit to establish a commercial composting facility under this category shall also meet the following criteria: 1. The proposed facility shall be effectively screened from adjacent residential uses and scenic roadways. The proposed facility may use existing topography and trees and/or introduced landscaped material. 2. The proposed facility shall employ practices of material handling and processing that prevent noise and odors from impacting residences at least one-quarter mile from the site. 3. The proposed facility shall employ practices of material handling and processing that control debris and dust and ensure material is contained on site. (Ord. 2001-040 §2, 2001; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.130. Commercial Use or Accessory Use Not Wholly Enclosed Within A Building, or a Retail Establishment, Office, Service Commercial Establishment, Financial Institution, or Personal or Business Service Establishment on a Lot Adjoining or Across a Street From a Lot in a Residential Zone. In any zone, these uses may be permitted conditionally subject to the following standards: A. A sight -obscuring fence or evergreen hedge may be required by the Planning Director or Hearings Body when he finds such a fence or hedge or combination thereof is necessary to preserve the values of nearby properties or to protect the aesthetic character of the neighborhood or vicinity. B. In addition to the requirements of the applicable zone, the Planning Director or Hearings Body may further regulate the placement and design of signs and lights in order to preserve the values of nearby properties, to protect them from glare, noise, or other distractions or to protect the aesthetic character of the neighborhood or vicinity. C. In order to avoid unnecessary traffic congestion and hazards, the Planning Director or Hearings Body may limit access to the property. (Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.140. Commercial Amusement Establishment. A commercial amusement establishment may be authorized after consideration of the following factors: A. Adequacy of access from principal streets together with the probable effect of traffic volumes on adjoining and nearby streets. B. Adequacy of off-street parking. C. Adequacy of building and site design provisions to maintain a reasonable minimum of noise and glare from the building and site. (Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.150. Manufactured Home Park. A manufactured home park shall be built to state standards in effect at the time of construction, or in the case of pre-existing parks in MUA-10 and RR -10 zones, at the time of permitting under 22 DCC 18.128.150, and the following provisions: A. Evidence that the park will be eligible for a certificate of sanitation as required by state law. B. The space provided for each manufactured home shall be provided with piped potable water and electrical sewerage connections. C. The number of spaces for manufactured homes shall not exceed 12 for each acre of the total acres in the manufactured home park. The Planning Director or Hearings Body may vary this density as follows: 1. If dedicated open space equals 50 percent or more of the total area of the park, a 10 percent increase in units per acre may be granted. 2. If, in addition to the amenity in DCC 18.128.150(C)(1), a maintained playground area with approved equipment such as goalposts, swings, slides, etc., is provided, an additional 5 percent increase in units per acre may be granted. 3. If, in addition to the amenities in DCC 18.128.150(C)(1) and (2), a recreation/community building is provided, an additional 10 percent increase in units per acre may be granted. (Maximum total increase of units through application of DCC 18.128.150(C) = 25 percent.) D. A manufactured home pad shall occupy not more than 40 percent of the contiguous space provided for the exclusive use of the occupants of the home, exclusive of space provided for the common use of tenants, such as roadways, general use structure, parking spaces, walkways and areas for recreation and landscaping. E. No manufactured home pad in the park shall be located closer than 15 feet from another manufactured home pad or from a general use building in the park. No manufactured home accessory building or other building or structure on a manufactured home space shall be closer than 10 feet from a manufactured home accessory building or other building or structure on another manufactured home space. No manufactured home pad or other building or structure shall be within 25 feet of a public street property boundary or 10 feet or another property boundary. F. Facilities shall be provided to assure that there will be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the management of the park. G. The land which is used for park purposes shall be surrounded, except at entry and exit places, by a sight-obscuring fence or hedge not less than six feet in height. H. If the park provides spaces for 50 or more manufactured home units, each vehicular way in the park shall be named and marked with signs which are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the fire department. I. The park shall have water supply mains designed to serve fire hydrants and hydrants shall be provided within 500 feet of such space or structure. Each hydrant within the park shall be located on a vehicular way. J. A minimum of at least 2,500 square feet plus 100 square feet per manufactured home space shall be provided for recreational play area, group or community activities. The Planning Director or Hearings Body may require this area to be protected from streets, parking areas or the like by a fence or the equivalent that conforms to fence regulations, but is at least 30 inches in height where allowed by fence ordinances. Unless otherwise approved, no required open space area shall contain less than 2,500 square feet. Recreation areas shall be improved with grass, plantings, surfacings or buildings suitable for recreational use. No recreation facility created within a manufactured home park only to satisfy the requirements of DCC 18.128.150 shall be open to the general public. K. A parking space shall be provided for each manufactured home space on the site. Additional guest parking spaces shall be provided in every manufactured home park within 200 feet of the manufactured home spaces served, at a ratio of one parking space for each two manufactured home spaces. Parking spaces shall have durable and dustless surfaces 23 adequately maintained for ail-weather use and shall be properly drained. L. All manufactured home parks over 10 acres in area shall be located with access on a street designated as a collector street. M. All manufactured home parks containing a total site area of five acres or more shall provide a secondary access to the trailer park. Such secondary access shall enter the public street system at least 150 feet from the primary access. N. Lighting shall be installed along the access ways of the manufactured home park and the recreation area with lights of 100 watts or better not over 100 feet apart. Wires for service to light poles and manufactured home spaces shall be underground. O. Roadways within the park shall be improved with an all-weather dustless surface and shall be not Tess than 30 feet in width if parking is permitted on the margin of the roadway, or less than 20 feet in width if parking is not permitted on the edge of the roadway and an adequate designated area is provided and improved for guest parking and tenant recreational vehicles. P. All manufactured home parks shall have a minimum lot size of one acre. Q. When expanding an existing manufactured home park in MUA-10 or RR-10 zones, the park shall satisfy all of the criteria of DCC 18.128.150 as to the existing developed areas as well as in the expansion area. (Ord. 2006-008 §9, 2006; Ord. 96-038 §3, 1996; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.160. Multi-family Dwelling Complex. A multi-family dwelling complex shall comply with the following provisions prior to occupancy: A. The number of units permitted by the applicable zone per gross square footage of a site may be increased as follows: 1. If dedicated open space which is developed and landscaped equals 50 percent or more of the total area of the site, a maximum of 10 percent increase in the number of units may be granted. 2. if in addition to open space as provided in DCC 18.128.160(A)(1), a maintained playground area with approved equipment such as goalposts, swings, slides, etc., is provided, the number of units permitted may be increased an additional five percent. 3. If in addition to open space and playgrounds as provided in DCC 18.128.160(A)(1) and (2), an approved recreational community building is provided, an additional 10 percent increase of units may be granted. 4. The maximum total increase in dwelling units made possible by development of open space, playgrounds and recreational facilities shall be 25 percent of the number of units otherwise allowed. B. There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the complex. Bicycle storage shall be allowed in the provided sheltered bicycle parking facilities (one parking space per unit for complexes of four units or more). C. If the complex or any unit thereof is more than 500 feet from a public fire hydrant, such shall be provided at appropriate locations on a vehicular way and shall conform in design and capacity to the public hydrants in the nearest city. D. A minimum of 2,500 square feet plus 100 square feet per dwelling unit shall be provided for recreation, including but not limited to, playgrounds, playing fields and facilities for group and community activities. The area shall be improved with grassy areas, landscaping, surfacing, equipment or buildings suitable for recreational use. The Hearings Body may require recreational areas to be screened from streets, parking areas or other uses by a sight-obscuring fence. No play area is required if more than 70 percent of the area is preserved as open space and is improved and landscaped for recreational enjoyment. 24 E. All such complexes with more than 20 dwelling units shall be located to have access on a street designated as a collector unless otherwise approved by the Planning Director or Hearings Body. F. All such complexes shall provide both an ingress and egress. G. All roadways and parking areas shall be paved, and roadways shall not be less than 20 feet in width, except as approved by the Planning Director or Hearings Body. H. A sight -obscuring fence or evergreen hedge may be required by the Planning Director or Hearings Body when such screening is necessary to preserve the values of nearby properties, protect the aesthetic character of the neighborhood or vicinity and provide security for occupants of the subject complex. I. All accessory structures associated with such a complex shall be set back 50 feet from the property line of an adjoining single-family residential lot or use. 25 J. Sewer and water facilities shall be provided according to Oregon Department of Environmental Quality standards. (Ord. 95-075 §1, 1995; Ord. 93-005 §9, 1993; Ord. 91-020 §1, 1991) 18.128.170. Recreational Vehicle Park. A recreational vehicle park shall conform to state standards in effect at the time of construction and the following conditions: A. The space provided for each recreational vehicle shall be not less than 700 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, parking spaces for vehicles other than recreational vehicles and landscaped areas. B. Roadways shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or not Tess than 20 feet in width if parking is not permitted on the edge of the roadway and shall be paved with asphalt, concrete or similar impervious surface and designed to permit easy access to each recreational vehicle space. C. A space provided for a recreational vehicle shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff of surface water. The part of the space which is not occupied by the recreational vehicle, not intended as an access way to the recreational vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is landscaped or otherwise treated to prevent dust or mud. D. A recreational vehicle space shall be provided with piped potable water and sewage disposal service. A recreational vehicle staying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service. E. A recreational vehicle space shall be provided with electrical service. F. Trash receptacles for the disposal of solidwaste materials shall be provided in convenient locations for the use of guests of the park and located in such number and of such capacity that there is no uncovered accumulation of trash at any time. G. No recreational vehicle shall remain in the park for more than 30 days in any 60 -day period. H. The total number of parking spaces in the park, except for the parking provided for the exclusive use of the manager or employees of the park, shall be one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material. I. The park shall provide toilets, lavatories and showers for each sex in the following ratios: For each 15 recreational vehicle spaces or any fraction thereof, one toilet, one urinal, one lavatory and one shower for men; two toilets, one lavatory and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a soundproof wall. J. The park shall provide one utility building or room containing one clothes washing machine, one clothes drying machine and 15 square feet of space for clothes drying lines for each 10 recreational vehicle spaces or any fraction thereof, unless such facilities are available within a distance of three miles and are adequate to meet these standards. K. Building spaces required by DCC 18.128.170(1) and (J) shall be lighted at all times of night and day, shall be ventilated, shall be provided with heating facilities which shall maintain a room temperature of 68 degrees Fahrenheit, shall have floors of waterproof material, shall have sanitary ceiling, floor and wall surfaces and shall be provided with floor drains adequate to permit easy cleaning. L. Except for the access roadway into the park, the park shall be screened on all sides by a sight -obscuring fence not Tess than six feet in height, unless otherwise approved by the 26 Planning Director or Hearings Body. M. A neat appearance shall be maintained at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park. N. Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law. O. Access to the recreational vehicle park shall be from an arterial or collector street. (Ord. 95-075 §1, 1995; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991) 18.128.180. Radio, Television Tower, Utility Station or Substation. A. In a residential zone, all equipment storage on the site may be required to be within an enclosed building. B. The use may be required to be fenced and landscaped. C. The minimum lot size for a public utility facility may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent property. D. Transmission towers, posts, overhead wires, pumping stations and similar installations shall be located, designed and installed to minimize conflicts with scenic values. (Ord. 95-075 §1, 1995; Ord. 93-043 §23B, 1993; Ord. 91-020 §1, 1991) 18.128.190. Schools. A. Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight -obscuring fence at least four feet but not more than six feet high shall separate the play area from adjoining lots. B. Secondary schools shall provide a site area of 10 acres plus one additional acre for each 100 pupils of predicted ultimate enrollment. C. Notwithstanding DCC 18.128.190(B), private academic secondary schools with . an enrollment of fewer than 50 students shall provide a minimum site area of one acre for every 10 students of predicted ultimate enrollment, with a minimum site area of not less than two acres. D. Schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. (Ord. 98-013 §4, 1998; Ord. 97-022 §1, 1997; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.200. Cluster Development (Single -Family Residential Uses Only). A. Such uses may be authorized as a conditional use only after consideration of the following factors: 1. Need for residential uses in the immediate area of the proposed development. 2. Environmental, social and economic impacts likely to result from the development, including impacts on public facilities such as schools and roads. 3. Effect of the development on the rural character of the area. 4. Effect of the development on agricultural, forestry, wildlife or other natural resource uses in the area. B. The conditional use shall not be granted unless the following findings are made: 1. All development and alterations of the natural landscape, will be limited to 35 percent of the land and at least 65 percent shall be kept in open space. In cases where the natural landscape has been altered or destroyed by a prior land use, such as surface mining, dam construction or timber removal, the County may allow reclamation and enhancement of the open space area if enhancement creates or improves wetlands, creates or improves wildlife habitat, restores native vegetation or provides for agricultural or forestry use of the property after reclamation. 2. The area not dedicated to open space or common use may be platted as residential 27 dwelling lots or parcels that are a minimum of two acres and a maximum of three acres in size. Their use shall be restricted to single -family use. Single -family use may include accessory uses and County authorized home occupations. Uses permitted in the open space area may include the management of natural resources, trail systems or other outdoor uses that are consistent with the character of the natural landscape. 3. In the Wildlife Area Combining Zone, in addition to compliance with the WA zone development restrictions, uses and activities must be consistent with the required Wildlife Management Plan. The Plan shall be approved if it proposes all of the following in the required open space area: a. Preserves, protects and enhances wildlife habitat for WA zone protected species as specified in the County Comprehensive Plan (DCC Title 23); and b. Prohibits golf courses, tennis courts, swimming pools, marinas, ski runs or other developed recreational uses of similar intensity. Low intensity recreational uses such as properly located bicycle, equestrian and pedestrian trails, wildlife viewing areas and fitness courses may be permitted; and c. Provides a supplemental, private open space area on home lots by imposing special yard setback of 100 feet on yards adjacent to required open space areas. In this yard, no structures other than fences consistent with DCC 18.88.070 may be constructed. The size of the yard may be reduced during development review if the County finds that, through the review of the wildlife management plan, natural landscape protection or wildlife values will achieve equal or greater protection through the approval of a reduced setback. In granting an adjustment, the County may require that a specific building envelope be shown on the final plat or may impose other conditions that assure the natural resource values relied upon to justify the exception to the special yard requirements will be protected. d. Off-road motor vehicle use shall be prohibited in the open space area. e. Adequate corridors on the cluster property to allow for wildlife passage through the development. 4. All lots within the development shall be contiguous to one another except for occasional corridors to allow for human passage, wildlife travel, natural features such as a stream or bluff or development of property divided by a public road which shall not be wider than the average lot width, unless the Planning Director or Hearings Body finds that special circumstances warrant a wider corridor. 5. All applicable subdivision or partition requirements contained in DCC Title 17, the Subdivision/Partition Ordinance, shall be met. 6. The total number of units shall be established by reference to the lot size standards of the applicable zoning district and combining zones. 7. The open space of the proposed development shall be platted as a separate parcel or in common ownership of some or all of the clustered lots or parcels. For any open space or common area provided as a part of the cluster development, the owner shall submit proof of deed restrictions recorded in the County records. The deed restrictions shall preclude all future rights to construct a residential dwelling on the lot, parcel or tract designated as open space or common area for as long as the lot, parcel or tract remains outside an urban growth boundary. The deed shall also assure that the use of the open space shall be continued in the use allowed by the approved cluster development plan, unless the whole development is brought inside an urban growth boundary. If open space is to be owned by a homeowner's association or if private roads are approved, a homeowner's association must be formed to manage the open space and/or road areas. The bylaws of the association must be recorded prior to or concurrent with the filing of the final plat. If the open space is located within the Wildlife Area Combining Zone, the management plan for the open space must be recorded with the deed restrictions or 28 bylaws of the homeowner's association. 8. Notwithstanding any provision to the contrary in other parts of the County's land use regulations, roads within a cluster development may be private roads and lots or parcels may be created that front on private roads only. These roads must meet the private road standards of DCC Title 17, and are not subject to public road standards under DCC Title 17. An agreement acceptable to the Road Department and County Legal Counsel shall be required for the maintenance of private roads. Public roads may be required where street continuation standards of DCC Title 17 call for street connections and the County finds that the benefits of street extension are significant and needed in the future, given the established pattern of street development on adjoining properties and transportation distribution needs. The area dedicated for public road rights of way within or adjacent to a planned or cluster development or required by the County during cluster development review shall be subtracted from the gross acreage of the cluster development prior to calculating compliance with open space requirements. 9. All service connections shall be the minimum length necessary and underground where feasible. 10. The number of new dwelling units to be clustered does not exceed 10. 11. The number of new lots or parcels to be created does not exceed 10. 12. The development is not to be served by a new community sewer system or by any new extension of a sewer system from within an urban growth boundary or from within an unincorporated community. 13. The development will not force a significant change in accepted farm or forest practices on nearby lands devoted to farm or forest use, and will not significantly increase the cost of accepted farm or forest practices there. 14. All dwellings in a cluster development must be setback a minimum of 100 feet from the boundary line of an adjacent lot zoned Exclusive Farm Use that is receiving special assessment for farm use. C. All applications shall be accompanied by a plan with the following information: 1. A plat map meeting all the subdivision requirements of DCC Title 17, the Subdivision/Partition Ordinance. 2. A draft of the deed restrictions required by DCC 18.128.200(6)(7). 3. A written document establishing an acceptable homeowners association assuring the maintenance of common property, if any, in the development. The document shall include a method for the resolution of disputes by the association membership, and shall be included as part of the bylaws. 4. In the WA Combining Zone, the applicant shall submit an evaluation of the property with a Wildlife Management Plan for the open space area, prepared by a wildlife biologist that includes the following: a. A description of the condition of the property and the current ability of the property to support use of the open space area by wildlife protected by the applicable WA zone during the periods specified in the comprehensive plan; and b. A description of the protected species and periods of protection identified by the comprehensive plan and the current use of the open space area; and c. A management plan that contains prescriptions that will achieve compliance with the wildlife protection guidelines in the comprehensive plan. In overlay zones that are keyed to seasons or particular times of the year, restrictions or protections may vary based on the time of year. The management plan may also propose protections or enhancements of benefit to other types of wildlife that may be considered in weighing use impacts versus plan benefits. 5. Photographs and a narrative description of the natural landscape features of the open space areas of the subject property. If the features are to be removed or developed, the 29 applicant shall explain why removal is appropriate. 6. A description of the forestry or agricultural uses proposed, if any. D. Dimensional Standards: 1. Setbacks and height limitations shall be as prescribed in the zone in which the development is proposed unless adequate justification for variation is provided the Planning Director or Hearings Body. 2. Minimum area for a cluster development shall be determined by the zone in which it is proposed. E. Conditions for phased development shall be specified and performance bonds shall be required by the Planning Director or Hearings Body to assure completion of the project as stipulated, if required improvements are not completed prior to platting. F. Developments with private roads shall provide bicycle and pedestrian facilities that comply with the private road requirements of Title 17. G. Bicycle and pedestrian connections shall be provided at the ends of cul-de-sacs, at mid -block, between subdivision plats, etc., in the following situations. Connections shall have a 20 -foot right of way, with at least a 10 -foot wide useable surface, shall be as straight as possible, and shall not be more than 400 feet long. 1. Where the addition of a connection would reduce the walking or cycling distance to an existing or planned transit stop, school, shopping center, or neighborhood park by 400 feet and by at least 50 percent over other available routes. 2. For schools or commercial uses where the addition of a connection would reduce the walking or cycling distance to an existing or planned transit stop, school, shopping center, or neighborhood park by 200 feet or by at least 50 percent over other available routes. 3. For cul-de-sacs or dead end streets where a street connection is determined by the Hearings Officer or Planning Director to be unfeasible or inappropriate provided that a bicycle or pedestrian connection is not required where the logical extension of the road that terminates in a cul de sac or dead end street to the nearest boundary of the development would not create a direct connection to an area street, sidewalk or bikeway. The County may approve a cluster development without bicycle or pedestrian connections if connections interfere with wildlife passage through the subdivision, harm wildlife habitat or alter landscape approved for protection in its natural state. H. A Conditions of Approval Agreement for the cluster development shall be recorded prior to or concurrent with the final plat for the development. (Ord. 2004-024 §2, 2004; Ord. 95-075 §1, 1995; Ord. 93-005 §11, 1993; Ord. 91-020 §1, 1991) 18.128.210. Planned Development. A. Such uses may be authorized as a conditional use only after consideration of the following factors: 1. Proposed land uses and densities. 2. Building types and densities. 3. Circulation pattern, including bicycle and pedestrian circulation, and a demonstration of how those facilities connect to the County transportation facilities. Private developments with private roads shall provide bicycle and pedestrian facilities. 4. Bicycle and pedestrian connections shall be provided at the ends of cul-de-sacs, at mid -block, between subdivision plats, etc., wherever the addition of such a connection would reduce the walking or cycling distance to a connecting street by 400 feet and by at least 50 percent over other available routes. These connections shall have a 20 -foot right of way, with at least a 10 -foot wide useable surface, and should not be more than 30 100 feet long if possible. 5. Parks, playgrounds, open spaces. 6. Existing natural features. 7. Environmental, social, energy and economic impacts likely to result from the development, including impacts on public facilities such as schools, roads, water and sewage systems, fire protection, etc. 8. Effect of the development on the rural character of the area. 9. Proposed ownership pattern. 10. Operation and maintenance proposal (i.e., homeowners association, condominium, etc.). 11. Waste disposal facilities. 12. Water supply system. 13. Lighting. 14. General timetable of development. B. The conditional use may be granted upon the following findings: 1. All subdivision restrictions contained in DCC Title 17, the Subdivision/Partition Ordinance, shall be met. 2. The proposed development conforms to the Comprehensive Plan. 3. Any exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program. 4. The proposal is in harmony with the surrounding area or its potential future use. 5. The system of ownership and the means of developing, preserving and maintaining open space is adequate. 6. That sufficient financing exists to assure the proposed development will be substantially completed within four years of approval. 7. Sixty-five percent of the land is to be maintained in open space. 8. Adequate provision is made for the preservation of natural resources such as bodies of water, natural vegetation and special terrain features. C. All applications for planned developments shall include the materials and information required for approval of a subdivision as specified in DCC Title 17, the Subdivision/Partition Ordinance and the materials and information required for approval of a conditional use as specified in DCC Title 18. 1. Approval for the conditional use application and the planned development application may be given simultaneously. D. Dimensional Standards: 1. Setbacks and height limitations shall be as determined by the Planning Director or Hearings Body upon review of the evidence submitted. 2. Densities shall not exceed that established by the underlying zone. 3. The minimum lot area, width, frontage and yard requirements otherwise applying to individual buildings in the zone in which a planned development is proposed do not apply within a planned development. An equivalent overall density factor may be utilized in lieu of the appropriate minimum lot area. 4. Minimum size for a planned development shall be 40 acres. E. Any commercial use permitted outright in an area zoned as an unincorporated community as that term is defined herein will be allowed in a planned development, subject to the following conditions: 1. Each use shall be wholly enclosed in a building. 2. The total area of such uses shall not exceed three percent of the total area of the planned development. (Ord. 96-003 §9, 1996; Ord. 95-075 §1, 1995; Ord. 93-005 §11, 1993; Ord. 91-020 §1, 1991) 31 18.128.220. Planned Communities. A. Such uses may be authorized as a conditional use only after consideration of the factors listed in DCC 18.128.210(A). B. The conditional use may be granted upon the findings specified in DCC 18.128.210(B), except that there must be an additional finding that the planned community will actually function as an independent community. C. All applications shall be submitted in the form and with the materials required of subdivisions as required by DCC Title 17, the Subdivision/Partition Ordinance, and shall also meet the requirements of DCC Title 18 for the approval of conditional uses. D. Dimensional standards shall be determined as specified in DCC 18.128.210(D), except that the minimum size for a planned community shall be 640 acres. E. Phased development of the project may be permitted if agreed to by the Planning Director or Hearings Body at the time of the initial application. Conditions of approval for phased development shall be specified and performance bonds required by the Planning Director or Hearings Body to assure completion of the project as stipulated. (Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.230. Dude Ranches. A. Such uses may be authorized as a conditional use only after consideration of the factors listed in DCC 18.128.210(A). B. The conditional use may be granted upon the findings specified in DCC 18.128.220(B). C. All applications shall be submitted in the form and with the materials required of subdivisions by DCC Title 17, the Subdivision/Partition Ordinance, and shall also meet the requirements in DCC Title 18 for the approval of conditional uses. D. Dimensional standards are the same as those in DCC 18.128.210(D), except that the density of a dude ranch may be greater or less than the density of the underlying zone upon findings by the Planning Director or Hearings Body that the change is warranted and that the proposed density does not violate the purpose of the underlying zone or other terms of DCC Title 18. E. Phased development of the project may be permitted if agreed to by the Planning Director or Hearings Body at the time of the initial application. Conditions of approval for phased development shall be specified and performance bonds required by the Planning Director or Hearings Body to assure completion of the project as stipulated. (Ord. 95-075 §1, 1995; Ord. 92-004 §12, 1992; Ord. 91-020 §1, 1991) 18.128.240. Shopping Complex. Such uses may be authorized as a conditional use only after a determination is made by the Planning Director or Hearings Body. A. That the public interest will be served by approval of the proposal based on analysis of environmental, social and economic and energy impacts likely to result from the development. Analysis may include, but not be limited to, consideration of impacts on public facilities such as roads, water supplies, sewer systems and police and fire protection. B. That the entire complex shall be completed within two years or a master plan shall be submitted that explains the phased development of the project. The master plan shall specify a timetable of completion for all phases of the project. The master plan shall be fully implemented within five years or an extension shall be sought subject to the terms of DCC Title 22, the Uniform Development Procedures Ordinance. C. That there is adequate area for the buildings, landscaping, parking, septic systems and 32 access to serve the proposed development. D. That the use is consistent with the character of the area and is not detrimental to the land use pattern of the area. E. That the proposed shopping complex is to be developed and managed as a total entity, with a plan for maintenance of all elements of the site plan. F. The proposed shopping complex is appropriate for serving the needs of rural residents in the area. G. The proposed shopping complex will not attract residents outside the rural area to be serviced. (Ord. 95-075 §1, 1995; Ord. 95-018 §3, 1995; Ord. 91-020 §1, 1991) 18.128.250. High-temperature Geothermal Wells and Small -Scale Geothermal Energy Facilities. A. Applicants shall provide the following information: 1. Project Description. A detailed narrative which describes the applicant's plan of operations for exploration, production, utilization, and/or injection. This description shall include estimated starting and completion dates for each activity or phase of the project. It shall also include a concise but comprehensive discussion of the project's expected environmental impacts. This narrative shall also include as an exhibit a statement describing the applicability of all local, state or federal inventories of Statewide Planning. Goal 5 resources in the project vicinity. 2. Maps. As may be required by the Planning Director or Hearings Body, maps shall be submitted on readily reproducible transparencies as follows: a. A topographic map, of a scale not less than one inch to one-half mile, on which the following are shown: All pertinent property ownership and geothermal lease boundaries; the location of all proposed, existing and abandoned geothermal wells and/or energy facilities; all existing and planned access roads; major drainage patterns of the project's operational area; and significant environmental features and natural resource locations, including but not limited to: Mineral or aggregate deposits, fish and wildlife habitats, ecologically or scientifically notable natural area, outstanding scenic views, wetlands, surface water bodies, wilderness areas, historic and cultural sites and recreation trails and facilities. b. A map of the project site, of a scale not less than one inch to 50 feet, on which is shown a detailed layout of all drilling pads, sumps, equipment, buildings, pipelines, power lines and related facilities. c. Other specialized maps, plans or drawings as may be required by the Planning Director or Hearings Body, including but not limited to: A larger -scale map to show any of the foregoing information if details cannot be satisfactorily indicated on the smaller scale map; detailed engineering drawings for any construction at a location on steep terrain, potentially unstable ground or other geologically or environmentally sensitive areas; and engineering drawings of new road construction or existing road modification when such roads are in rugged terrain, or pass through or near environmentally sensitive areas. 3. Emergency Contingency Plan. A detailed emergency contingency plan which addresses prevention or control of fires, blow -outs, pollution incidents, accidents, injuries and adverse weather conditions. This plan shall describe the following: a. How the emergency will or might affect the applicant's operations; or endanger personnel, public health, safety or the environment. b. Measures proposed to prevent, control, mitigate or minimize the possible negative effects of emergency incidents. 33 c. Procedures for training and instructing personnel as to proper procedures for preventing, controlling or minimizing the impacts of emergency incidents. d. Where and how stand-by emergency control equipment and services are to be obtained in the event of an emergency incident. e. Notification list with order of notification, including names, telephone numbers and addresses of the applicant's responsible officials and those of applicable emergency service agencies. f. Where and how first aid, and minor and major medical aid will be obtained if needed during work on the project. 4. For drilling applications, a narrative and diagrammatic description of the following: a. The type and capacity of drilling equipment to be used. b. The expected drilling schedule. c. The drilling method to be used; type of circulating media to be used, (e.g., water, mud, foam, air or combination thereof); chemical additives to be used; circulating media cooling measures to be employed; and amounts of reserve circulating media and water to be kept on the drill site. If toxic materials are to be used, protective measures must be explained in detail. d. The number and type of workers to be employed during drilling. e. The safety provisions and emergency shutdown .procedures to be used for protection of the public health and environment. f. The planned use, source, quality and consumption rate for any outside water supply. g. The method and locations for disposal of wastes. h. A description of the intended site restoration procedures to be used after completion of drilling. When approved by the Planning Director or Hearings Body, applications for prospect wells, as defined by ORS 522.005(15), may satisfy the information requirements of DCC 18.128.250(A)(1) through (4), above by submission of a copy of the applicant's prospect well permit application to the Oregon Department of Geology & Mineral Industries. 5. For energy facility applications, a narrative and diagrammatic description of the following: a. The structures, equipment and support facilities to be used in the project and their manner of operation. b. A description of the purpose and operational characteristics of the major components in the energy facility, including schematic flow diagrams. c. An artist's rendering which illustrates the visual appearance of the facility and its immediate environs after completion. d. A time schedule for the installation and start-up of the facility. e. The number and type of construction and permanent workers to be employed at the facility. f. The safety provisions and emergency shutdown procedures to be used in the facility for protection of the public health and environment, including a schedule for testing and maintaining safety devices. g. The planned use, source, quality and consumption rate for any outside water supply. h. The method and locations for disposal of wastes. A description of facility monitoring to assure continuing compliance with applicable noise, air and water quality standards and regulations and for other potentially significant environmental impacts. j. A description of the intended abandonment and site restoration procedures to be used if and when the facility is permanently taken out of operation. B. The siting, drilling, operation and abandonment of wells and energy facilities shall comply 34 with the following standards: 1. Excluded Areas. No activity shall be permitted in inventoried natural resource areas, as defined by Oregon Statewide Planning Goal 5, which the County has determined to be unsuitable for any use other than the inventoried natural resource pursuant to Geothermal Policy 4(f) of the Comprehensive Plan. 2. Scenic Protection. Activities shall be designed and conducted to be as compatible as practical with surrounding scenic and visual characteristics. Energy facilities shall be designed to minimize their visual profile and they shall be painted or prepared to be nonreflective and of colors which blend with and reduce contrast with surrounding landscape colors. 3. Fish and Wildlife Protection. Activities shall be designed, conducted and monitored, so as to assure protection of surrounding fish and wildlife resources. Activities shall not encroach upon or jeopardize habitat areas which are necessary to sustain local or migratory populations of fish and wildlife determined by the County to be significant. 4. Protection of Historic and Cultural Resources. Activities shall be designed and conducted to avoid disturbance of historic and cultural resources. If such resources are discovered, the applicant shall cease construction or operations and inform the County of the discovery within 48 hours. Thereafter, the applicant shall submit a plan for preservation and interpretation of such resources and implement the plan before resumption of construction or operations. 5. Access Roads. Activities shall be designed and constructed to utilize existing roads as much as practical. 6. Signs. All well and facility sites shall have a sign of not less than three, nor more than six, square feet in surface area prominently erected, which displays the site's name or identification number; the operator's name, address and phone number; the name and phone number of the operator's representative to be contacted in the event of an emergency. 7. Earth Work. Drill pads, pipeline routes, facility sites and roads shall be designed and constructed as follows: a. Plans for drill pads, pipelines, facility sites and roads shall be prepared by a registered civil engineer. b. Upon commencement of site work, topsoil shall be removed and stockpiled for later respreading over disturbed areas prior to revegetation in accordance with DCC 18.128.250(C). Except for large stumps, vegetation removed during initial site work shall be chipped, stockpiled and respread with topsoil. Stumps shall be buried outside of fills. Vegetation beyond the site perimeter shall not be disturbed; the clearing limits for the site shall be specified in plans submitted to the County. Buffer zones of undisturbed soil and vegetation shall be maintained for 500 feet on either side of stream courses. Roads and pipelines crossing riparian areas shall be designed and constructed at minimum widths and in consideration of maximum erosion control. c. Fills shall be compacted to a minimum of 90 percent relative density (ASTM D-1557) to minimize erosion. If significant erosion occurs, the applicant shall take prompt remedial action. d. Fill slopes shall not exceed a gradient of 2:1. The toes of all fills shall be stabilized with rock or keyed into stable soil and placed to reduce erosion potential to an absolute minimum. Revegetation of fill slopes shall be carried out subject to DCC 18.128.250(C). Cut slopes shall not exceed a gradient of 1.5:1. Modification of these slope gradients may be made upon written approval of the Deschutes County Public Works Director. e. Subdrains shall be provided under all fills where natural drainage courses and 35 seepage are evident. f. No drill pads, pipelines, facility sites or access roads shall be allowed on potentially active landslides. g. Grading and filling shall be designed to channel storm runoff to existing natural drainages. Energy dissipaters and collection devices to reduce the erosion force of unnatural runoff shall be provided. h. Sumps shall be designed to withstand both static Toads and dynamic loads imposed by potential seismic events. Sumps shall be constructed of material compacted to a minimum of 90 percent relative density (ASTM D1557), and shall be lined with either clay or an equivalent impermeable membrane. Safety fencing may be required. i. Sumps shall be operated in a way that will preclude overtopping. Three feet of free board shall be maintained at all times when sumps are in use. Upon completion of drilling and testing, sumps shall be purged of environmentally harmful chemicals and precipitates and backfilled immediately. 8. Pipelines. All pipelines shall be designed and constructed in accordance with applicable state standards. Pipelines shall be subsurface at road crossings, unless it is demonstrated that no significantly adverse visual impacts will result from above-ground crossings. In no case shall pipelines impede vehicular traffic. Catch basins and drainages to acceptable receptacles shall be installed and continuously maintained in order to contain condensate. 9. Noise. Activities shall be conducted in compliance with Oregon Department of Environmental Quality noise standards. Noise from drilling and facility operation shall be muffled and times of operation limited to prevent a public nuisance as defined by DEQ. The County may require noise monitoring and reporting over and above that required by the Department of Environmental Quality. 10. Fire Protection. Activities shall be designed and conducted to provide fire protection measures acceptable to the County, any adjacent land management agency and any fire district in which the project is located. 11. Waste Disposal. All wastes generated by a project, including but not limited to refuse, drilling fluids, drill cuttings, sand, precipitates and other solids shall be disposed of in a manner and at a location in conformance with Oregon Department of Environmental Quality standards. 12. Public Safety. Activities shall be designed and conducted to prevent access by unauthorized persons to unattended equipment and operational areas. 13. Air Quality. Activities shall be designed and conducted to comply with the air quality standards of the Oregon Department of Environmental Quality. Operational areas and access roads shall be regularly sprinkled with clean water to control dust. Except for prospect drilling, as defined by ORS 522.005(15), the County may require establishment of a meteorological station and meteorological monitoring at the site. 14. Water Quality. Activities shall be designed and conducted to comply with the water quality standards of the Oregon Department of Environmental Quality. The equipment service and fuel transfer areas, and the area occupied by drilling rigs shall drain into sumps. No fluids of any type shall be allowed to enter stream courses. 15. Subsidence and Induced Seismicity. Activities shall be designed and conducted to minimize the potential for land subsidence or induced seismicity which could result from the withdrawal and/or injection of geothermal fluids. Except for prospect drilling, as defined by ORS 522.005(15), the County may also require establishment of a monitoring program to gauge such impacts during operations. If either subsidence or induced seismicity is determined by the County to present a significant hazard, the County may require remedial action including, but not limited to, reduced production rates, increased injection of waste water or other nontoxic fluids or suspension of production. 36 16. Clean-up. Upon completion of each phase of a project, the site shall be promptly cleared of all trash, refuse and other waste material. All drilling equipment shall be removed from well pads within 60 days of the completion of a well. 17. Well Drilling Completion Notice. Applicants shall notify the County in writing of completed well drilling and testing within seven days of said completion. Applicants shall notify the County in writing of suspended drilling within seven days of said suspension, when such suspension is expected to last longer than 180 days. 18. Standby Wells. Wells which have encountered geothermal resources and which are awaiting connection to a pipeline or energy facility shall be maintained at a minimum steam -bleeding rate in compliance with Oregon Department of Geology and Mineral Industry standards. The area surrounding the wellhead pads of standby wells and producing wells shall be subject to the revegetation requirements of DCC 18.128.250(C). 19. Re -Entry of Wells. Applicants may redrill or otherwise re-enter the same well -bore of any well for which a conditional use permit has already been issued as long as all conditions for the use permit continue to be met. 20. Site Abandonment and Restoration. When a well or facility is permanently abandoned, the applicant shall remove all equipment, structures and other related material within 180 days from the date operations cease. Thereafter, the applicant shall regrade the area of operations to match original land contours as closely as practical and shall revegetate the area subject to DCC 18.128.250(C). C. Revegetation. Following the completion of well drilling, or the permanent abandonment of a well or facility, the applicant shall revegetate the area of operations as follows: 1. Previously stockpiled topsoil and chipped vegetation shall be respread over disturbed areas prior to reseeding. 2. Disturbed areas shall be reseeded with native plants and grasses in the first fall following completion of drilling or site abandonment. Temporary fencing of reseeded areas may be required to facilitate revegetation. The revegetation shall be evaluated by the County during the first spring following initial reseeding, and if determined to have resulted in less than a 75 percent survival rate, additional revegetation shall be required in the immediately succeeding fall season. (Ord. 95-075 §1, 1995; Ord. 93-043 §23C -G, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991) 18.128.260. Hydroelectric Facilities. A. The criteria set forth below shall apply to any construction or expansion of, or other modification to, hydroelectric facilities in zones where such facilities are permitted as a conditional use. A conditional use permit may be granted for the construction or expansion of, or other modification to, a hydroelectric facility only upon findings by the Planning Director or Hearings Body that the proposal meets each of the following criteria, where applicable: 1. The facility is located at and physically connected to an existing man-made diversion or impoundment. 2. The facility will not increase the maximum surface area or capacity of the impoundment created by the existing dam or diversion to which the facility will be connected. 3. The facility will maintain or enhance to the greatest extent possible the existing scenic, visual, environmental and aesthetic qualities of the affected stretch of the river. 4. The facility will maintain or enhance the existing recreational opportunities on or adjacent to the affected stretch of the river. 5. The facility will maintain or enhance existing fish and wildlife habitat and will have no adverse impact upon any threatened or endangered fish, wildlife or plant species or their 37 habitat. 6. The facility and its operation will maintain or enhance existing water quality in the affected stretch of the river except during construction of the facility when adverse impacts on water quality will be minimized. Specifically, the facility and its operation will not: a. Deposit or create a zone for the deposit of sediments in the river at or adjacent to the site; b. Increase the temperature of the river in the affected stretch by any means, including but not limited to removal of vegetation or reduction in streamflow; or c. Create the potential for or result in spillage, leakage or discharge of oil, waste products, chemicals or other substances which could reach the river. 7. The facility and its operation will not increase soil or bank erosion or destroy bank habitat at or on land adjacent to the site except during construction of the facility, during which time soil or bank erosion and destruction of bank habitat will be minimized. 8. The facility and its operation will maintain existing public access to the affected stretch of the river. 9. The facility will not be located at or immediately adjacent to any identified archaeological or historical site, national or state park, wildlife refuge, Bureau .of Land Management Outstanding Natural Area or Area of Critical Environmental Concern, Federal Research Natural Area or U. S. Forest Service Special Interest Area. 10. The facility will not be located on any stretch of the river that is being studied or recommended for inclusion in either the Federal Wild and Scenic Rivers Program or the State Scenic Waterways Program, unless location of the facility at that site would not preclude inclusion of the stretch in the state or federal program. 11. The facility and its operation will comply with all applicable noise, water quality and pollution regulations of the Oregon Department of Environmental Quality. 12. The facility and its operation will comply with all applicable state and local fill-and-removal statutes and regulations. B. The applicant for a conditional use permit for a hydroelectric facility, in addition to all other requirements, shall submit the following for approval: 1. Detailed construction plans and profiles of all facility features including building elevations of the powerhouse and other structures, excavation plans, a narrative describing where blasting will occur and where excess material will be deposited, and landscaping and reclamation plans. 2. Detailed plans for meeting the criteria set forth in DCC 18.128.260(B)(1). 3. Detailed plans for river enhancement documenting both on-site and off-site enhancement plans consistent with adopted river-related goals and policies, such as plans and methods for conserving water and enhancing stream flows. The plan shall identify costs, time schedules and coordination activities with affected persons and agencies for such enhancement plans. 4. A cash deposit, performance bond or other security acceptable to Deschutes County in an amount equal to 100 percent of the estimated cost of river enhancement. 5. Detailed plans for a water conservation and stream enhancement program to be funded by a portion of revenues generated by the operation of the proposed facility. The program plans shall contain the following: a. A program timetable; b. Projected gross revenues from the proposed facility; c. Projected program expenditures and the percentage of gross revenues they represent; d. Projected water savings and the percentage of known current water losses they represent; 38 e. A declaration by the applicant that at least 50 percent of the conserved water will remain undiverted by the applicant; f. A declaration by the applicant that water diversion for power generation will not cause water flow in the affected stretch of the river (from the diversion to the tailrace exit) to fall below the minimum streamflow for that stretch as recommended by the Oregon Department of Fish and Wildlife; and g. A declaration that the applicant will enter into an agreement with the County to fulfill all of the requirements in DCC 18.128.260(B)(1) through (5) before beginning construction. (Ord. 95-075 § 1, 1995; Ord. 91-020 § 1, 1991) 18.128.270. Fill and Removal. Except as otherwise provided in DCC Title 18, no person shall fill or remove any material or remove any vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland, unless such fill or removal is approved as a conditional use subject to the following standards: A. An application shall be filed containing a plan with the following information: 1. A detailed explanation of the planned fill or removal including the amount of material to be filled or removed. 2. An explanation of why the fill or removal is necessary. 3. A site plan, drawn to scale and accompanied by such drawings, sketches and descriptions as are necessary to describe and illustrate the proposed fill or removal. The site plan shall, at a minimum, include: a. An inventory of existing vegetation. b. The proposed modifications, if any, to the vegetation. c. Existing and proposed site contours. d. Location of property lines, easements and high water marks. e. Other site elements or information that will assist in the evaluation of the proposed fill or removal. B. Public facility and service uses such as construction or maintenance of roads, bridges, electric, gas, telephone, water, sewer transmission and distribution lines, and related facilities controlled by public utilities or cooperative associations, shall not be granted conditional use permits to fill or remove unless the following findings are made: 1. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use. 2. That the public facility and service uses and related facilities cannot, as a practical matter, be located outside of the wetland or bed and banks of the stream or river. 3. That the construction or maintenance requiring the fill or removal will be done in a manner designed to minimize the adverse impact upon the wetland, stream or river. 4. That erosion will be adequately controlled during and after construction. 5. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. 6. That only the minimum removal of vegetation or material and dredging or excavation necessary for construction and maintenance will be done. C. Fill or removal required for public park and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, public boat launching ramps, public docks and public walkways shall not be allowed as a conditional use unless the following findings are made: 1. That all necessary state and federal permits will be obtained as a condition of approval 39 of the conditional use permit. 2. That only the minimum removal of vegetation or material and dredging or excavation necessary for construction and maintenance will be done. 3. That the specific location of the site will require the minimum amount of disturbance to the natural environment, considering alternative locations in the area and methods of construction. 4. That such construction and maintenance is designed to minimize the adverse impact on the site. 5. That erosion will be adequately controlled during and after construction. 6. That the impacts on fish and wildlife habitat by the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. 7. That the specific location of a site for a public park, recreation area, natural and outdoor education area, historic and scientific area, wildlife refuges, public boat launching ramps, public docks and walkways will require the minimum amount of disturbance to the natural environment, considering alternative locations in the area and methods of construction. D. Except for uses identified in DCC 18.128.270(B) and (C), an application for a conditional use permit for activity involving fill or removal of material or vegetation within the bed and banks of a stream, river or wetland: 1. Shall be granted only after consideration of the following factors: a. The effects on public or private water supplies and water quality. b. The effects on aquatic life and habitat, and wildlife and habitat. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. c. Recreational, aesthetic and economic values of the affected water resources. d. Effects on the hydrologic characteristics of the water body such as direction and velocity of flow, elevation of water surface, sediment transportation capacity, stabilization of the bank and flood hazards. e. The character of the area, considering existing streambank stabilization problems and fill or removal projects which have previously occurred. 2. Shall not be granted unless all of the following conditions are met: a. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use. b. That there is no practical alternative to the proposed project which will have Tess impact on the surrounding area, considering the factors established in DCC 18.128.270(D)(1). . c. That there will be no significant impacts on the surrounding area, considering the factors established in DCC 18.128.270(D)(1). d. That erosion will be adequately controlled during and after the project. e. That the essential character, quality, and density of existing vegetation will be maintained. Additional vegetation shall be required if necessary to protect aquatic life habitats, functions of the ecosystem, wildlife values, aesthetic resources and to prevent erosion. f. That the proposed fill or removal activity will be consistent with all relevant goals and policies of the Deschutes County Comprehensive Plan. g. That a conservation easement, as defined in DCC 18.04.030, "Conservation Easement," shall be conveyed to the County, which provides, at a minimum, that all elements of the project will be carried out and maintained as approved, in perpetuity, for the regulated fill or removal area and all real property on the same lot, within 10 feet of any wetland, river or stream. 40 (Ord. 95-075 §1, 1995; Ord. 93-043 §23H -J, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991) 18.128.280. Surface Mining of Non -Goal 5 Mineral and Aggregate Resources. These uses are subject to the following standards: A. An application shall be filed containing the following information: 1. A detailed explanation of the project and why the surface mining activity is necessary. 2. A site plan drawn to scale and accompanied by any drawings, sketches and descriptions necessary to describe and illustrate the proposed surface mining. B. A conditional use permit shall not be issued unless the applicant demonstrates at the time of site plan review that the following conditions are or can be met: 1. The surface mining is necessary to conduct or maintain a use allowed in the zone in which the property is located. 2. Erosion will be controlled during and after the surface mining. 3. The surface mining activity can meet all applicable DEQ noise control standards and ambient air quality and emission standards. 4. Sufficient water is available to support approved methods of dust control and vegetation enhancement. 5. The surface mining does not adversely impact other resources or uses on the site or adjacent properties, including, but not limited to, farm use, forest use, recreational use, historic use and fish and wildlife habitat as designed or through mitigation measures required to minimize these impacts. C. If the surface mining actively involves the maintenance or creation of man-made lakes, water impoundments or ponds, the applicant shall also demonstrate, at the time of site plan review, that the following conditions are or can be met: 1. There is adequate water legally available to the site to maintain the water impoundment and to prevent stagnation. 2. The soil characteristics or proposed lining of the impoundment are adequate to contain the proposed water and will not result in the waste of water. 3. Where the impoundment bank slope is steeper than three feet horizontal to one foot vertical, or where the depth is six feet or deeper, the perimeter of the impoundment is adequately protected by methods such as fences or access barriers and controls. 4. The surface mining does not adversely affect any drainages, all surface water drainage is contained on site, and existing watercourses or drainages are maintained so as not to adversely affect any surrounding properties. D. Limitations 1. Excavation does not include crushing of processing of excavated material. 2. A permit for mining of aggregate shall be issued only for a site included on the County's non-significant mineral and aggregate resource list. 3. Hours of operation shall be 7:00 a.m. to 6:00 p.m. - Monday through Saturday. No surface mining activity shall be conducted on Sundays or the following legal holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day. (Ord. 2001-039 §14, 2001; Ord. 2001-016 §2, 2001; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.290. Storage, Crushing and Processing of Minerals in Conjunction With the Maintenance or Construction of Public Roads or Highways. A conditional use permit for these uses shall be subject to the following standards: A. An application shall be filed containing the following information: 1. A detailed explanation of the project, including the duration and operation characteristics of the site. 41 2. A site plan drawn to scale and accompanied by such drawings, sketches and descriptions as are necessary to describe and illustrate the proposed project. B. A conditional use permit for storage, crushing and processing of minerals to be used in conjunction with maintenance and construction of public roads and highways shall be subject to all applicable general operation standards established by DCC 18.52.110, except DCC 18.52.110(J), (K) and (L). (Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.300. Mini -Storage Facility. A. Each individual space for rent or sale shall be less than 1000 square feet. B. Mini -storage shall be limited to dead storage. Outside storage shall be limited to boats, recreational vehicles and similar vehicles placed within designated spaces on an all-weather surfaced area which is surrounded by a sight -obscuring fence at least six feet in height. C. Yards shall be permanently landscaped. D. Yard dimensions adjacent to residential zones shall be the same as required yards within the residential zone. E. One parking space for each 25 storage spaces shall be located at the project office for use by customers. F. All structures shall be fenced and visually screened. G. Traffic lanes shall be 12 feet wide with an additional 10 -foot parking lane, except where the traffic lane does not serve the storage units. All areas provided for vehicle access, parking and movement shall be improved to minimum public road standards. H. A residence for a caretaker or 24-hour on-site manager is permitted. I. There shall be only one access from each adjacent street. J. Outside lighting, including shading to prevent glare on adjacent properties, may be required for safety and security purposes. (Ord. 2001-025 §1, 2001; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) 18.128.310. Bed and Breakfast Inn. A. Bed and breakfast inns shall be restricted to owner -occupied single-family residences. B. Bed and breakfast inns located in farm or forest zones shall utilize existing dwellings or dwellings conforming to the requirements of those zones relating to single-family dwellings. C. No more than three sleeping rooms shall be available for the accommodation of inn visitors. D. No more than eight guests shall be accommodated at any one time. E. Occupancies shall be limited to not more than 30 consecutive days. F. Breakfast shall be the only meal provided to inn guests. G. The exterior of the building shall maintain a residential appearance. H. The bed and breakfast inn shall be operated in a way that will prevent unreasonable disturbance to area residents. I. One off-street parking space shall be provided for each guest room in addition to parking required for the residence. J. Approval shall be conditioned upon compliance with all applicable state building code requirements and state sanitation requirements. K. Bed and breakfast inns in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. (Ord. 98-013 §5, 1998; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) 18.128.320. Campgrounds. A conditional use permit for a campground may be issued only when the following criteria are 42 met: A. Campgrounds shall provide patrons with opportunities for outdoor recreation that are compatible with the natural setting of the area. Outdoor recreation activities include fishing, swimming, boating, hiking, bicycling, horseback riding and other similar activities. Outdoor recreation does not include commercial uses such as miniature golf courses, go-cart tracks or rental of equipment or animals. B. Street access shall be provided as follows: 1. The campground shall obtain direct access from a street or road designated as an arterial or collector by the Deschutes County Comprehensive Plan. 2. Access to the campground shall be adequate to handle the anticipated traffic generated by the use. 3. The Deschutes County Public Works Department or the State Highway Division may require refuge lanes for left-hand turns and deceleration lanes for right-hand turns where necessary for public safety. C. Water supply and sewage disposal shall be provided as follows: 1. Applicant shall demonstrate that there is adequate potable water available at the site to serve the campground. When the water is to be supplied from a well, a well log is required to show that an ample supply of water will be available for the campground it will serve. 2. Plans for water supply and sewage disposal improvements must be approved by the State Health Division and the Department of Environmental Quality. 3. Evidence shall be provided to demonstrate that the campground will be eligible for a certificate of sanitation as required by the Oregon Department of Environmental Quality. D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following: 1. Sixty-five percent of a parcel developed as a campground shall be retained as open space. Natural vegetation shall be maintained in open space areas to the fullest extent possible. Walkways, roadways, parking spaces, structures, service areas and campsites shall not be considered open space. 2. The space provided for each campsite shall be not less than 1600 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, landscaped areas and parking spaces other than those assigned to particular campsites. 3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in ORS 918.650. Water and electric lines shall be placed underground. 4. Campgrounds shall not provide campsite hookups for sewage disposal or electricity. A centralized sewage dump station that meets state standards may be provided. 5. Roadways permitting one-way traffic shall be not less than 10 feet wide and those permitting two-way traffic shall not be Tess than 20 feet wide. Where parking is allowed on the margin of the road, an additional 10 feet shall be added for each parking lane. Roadways shall be improved with an all-weather, dustless surface. 6. Except for the access roadway serving the campground, no vehicular or pedestrian access shall be allowed out of the campground. Fences shall be provided which prevent trespass to property not under the control of the campground owner. 7. Each campsite shall be provided with at least one parking space which shall be paved or covered with crushed gravel and designed to promote drainage of surface runoff. 8. Campgrounds shall be surrounded by buffer strips of existing vegetation or landscaping. 9. To promote privacy and preserve the integrity of the natural setting, campgrounds shall retain existing vegetation to the fullest extent practical. 10. Yards and Setbacks. 43 a. Campsites or parking spaces shall not be located within the yard and setback areas required by the County for permanent buildings in the zone in which the campground is located. b. No developed portion of the campground shall be located within 100 feet of the right of way of any road or property line of a lot not part of the campground. c. No developed portion of the campground shall be located closer than 300 feet from a road in a Landscape Management overlay zone. d. Setback requirements in DCC 18.128.320(D)(10)(b) and (c) may be waived upon a finding by the Planning Director or Hearings Body that the developed portion of the campground will be sufficiently screened and buffered from neighboring properties or the protected landscape area. 11. Tent campers and recreational vehicles shall not remain in the campground for more than 30 days in any 60 -day period. 12. The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446, unless operated by a public entity, timber company or private utility. 13. One dwelling may be allowed for a resident caretaker or proprietor. (Ord. 2004-013 §14, 2004; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) 18.128.330. Microwave and Radio Communication Towers in the SM Zone. A conditional use permit for siting of a microwave or radio communication tower and accessory equipment structures in the SM Zone shall be subject to the criteria of DCC 18.128.340 and the following criteria: A. Towers shall be limited to monopole towers of under 150 feet and lighted only as prescribed by aviation safety regulations. B. Towers and accessory equipment structures shall be located only on portions of an SM -Zoned site that do not overlay economically viable mineral or aggregate deposits and that minimize conflicts with mining operations at the site. C. Such facilities proposed in an SM Zone where the underlying or surrounding comprehensive plan designation is for forest use must demonstrate compliance with the criteria set forth in DCC 18.36.040. D. No new parcels or lots shall be created for siting of the proposed tower. E. Such facilities must not conflict with any site plan which has been previously approved by the County. (Ord. 97-017 §8, 1997; Ord. 95-075 §1, 1995; Ord. 95-046 §3, 1995) 18.128.340. Wireless Telecommunications Facilities. An application for a conditional use permit for a wireless telecommunications facility or its equivalent in the EFU, Forest, or Surface Mining Zones shall comply with the applicable standards, setbacks and criteria of the base zone and any combining zone and thefollowing requirements. Site plan review under DCC 18.124 including site plan review for a use that would otherwise require site plan review under DCC 18.84 shall not be required. A. Application Requirements. An application for a wireless telecommunications facility shall comply with the following meeting, notice, and submittal requirements: 1. Neighborhood Meeting. Prior to scheduling a pre -application conference with Planning Division staff, the applicant shall provide notice of and hold a meeting with interested owners of property nearby to a potential facility location. Notice shall be in writing and shall be mailed no less than 10 days prior to the date set for the meeting to owners of record of property within: a. One thousand three hundred twenty feet for a tower or monopole no greater than 44 100 feet in height, and b. Two thousand feet for a tower or monopole at least 100 feet and no higher than 150 feet in height. Such notice shall not take the place of notice required by DCC Title 22. 2. Pre-Application Conference. Applicant shall attend a scheduled pre-application conference prior to submission of a land use application. An application for a wireless telecommunications facility permit will not be deemed complete until the applicant has had a pre-application conference with Planning Division staff. 3. Submittal Requirements. An application for a conditional use permit for a wireless telecommunications facility shall include: a. A copy of the blank lease form. b. A copy of the applicant's Federal Communications Commission license. c. A map that shows the applicant's search ring for the proposed site and the properties within the search ring, including locations of existing telecommunications towers or monopoles. d. A copy of the written notice of the required neighborhood meeting and a certificate of mailing showing that the notice was mailed to the list of property owners falling within the notice area designated under DCC 18.128.340(A)(1). e. A written summary of the neighborhood meeting detailing the substance of the meeting, the time, date and location of the meeting and a list of meeting attendees. f. A site plan showing the location of the proposed facility and its components. The site plan shall also identify the location of existing and proposed landscaping, any equipment shelters, utility connections, and any fencing proposed to enclose the facility. g. A copy of the design specifications, including proposed colors, and/or elevation of an antenna array proposed with the facility. h. An elevation drawing of the facility and a photographic simulation of the facility showing how it would fit into the landscape. i. A copy of a letter of determination from the Federal Aviation Administration or the Oregon Department of Transportation - Aeronautics Division as to whether or not aviation lighting would be required for the proposed facility. B. Approval Criteria: An application for a wireless telecommunication facility will be approved upon findings that: 1. The facility will not be located on irrigated land, as defined by DCC 18.04.030. 2. The applicant has considered other sites in its search area that would have less visual impact as viewed from nearby residences than the site proposed and has determined that any less intrusive sites are either unavailable or do not provide the communications coverage necessary. To meet this criterion, the applicant must demonstrate that it has made a good faith effort to co-locate its antennas on existing monopoles in the area to be served. The applicant can demonstrate this by submitting a statement from a qualified engineer that indicates whether the necessary service can or cannot be provided by co-location within the area to be served. 3. The facility is sited using trees, vegetation, and topography to the maximum extent practicable to screen the facility from view of nearby residences. 4. A tower or monopole located in an LM Zone is no taller than 30 feet. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available. 5. In all cases, the applicant shall site the facility in a manner to minimize its impact on scenic views and shall site the facility using trees, vegetation, and topography in order to screen it to the maximum extent practicable from view from protected roadways. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or 45 topographic screening available. 6. Any tower or monopole is finished with natural wood colors or colors selected from amongst colors approved by Ordinance 97-017. 7. Any required aviation lighting is shielded to the maximum extent allowed by FAA and/or ODOT-Aeronautics regulations. 8. The form of lease for the site does not prevent the possibility of co -location of additional wireless telecommunication facilities at the site. 9. Any tower or monopole shall be designed in a manner that it can carry the antennas of at least one additional wireless carrier. This criterion may be satisfied by submitting the statement of a licensed structural engineer licensed in Oregon that the monopole or tower has been designed with sufficient strength to carry such an additional antenna array and by elevation drawings of the proposed tower or monopole that identifies an area designed to provide the required spacing between antenna arrays of different carriers. 10. Any approval of a wireless telecommunication facility shall include a condition that if the facility is left unused or is abandoned by all wireless providers located on the facility for more than one year the facility shall be removed by the landowner. (Ord. 2000-019 §2, 2000; Ord. 97-063 §2, 1997; Ord. 97-017 §8, 1997) 18.128.350. Guest Lodge. A. The exterior of the building shall maintain a residential appearance. B. One off-street parking space shall be provided for each guest room in addition to parking to serve the residents. C. The lodge shall be operated in a way that will protect neighbors from unreasonable disturbance from noise, dust, traffic or trespass. D. Occupancies for individuals shall be limited to not more than 30 consecutive days. E. Meals shall be served to registered overnight lodge guests only and shall not be provided to the public at large. (Ord. 97-029 §3, 1997) 18.128.360. Guest Ranch. A guest ranch established under DCC 18.128.360 shall meet the following conditions: A. Except as provided in DCC 18.128.360©, the lodge, bunkhouses or cottages cumulatively shall: 1. Include not less than four nor more than 10 overnight guest rooms exclusive of kitchen areas, rest rooms, storage and other shared indoor facilities, and; 2. Not exceed a total of 12,000 square feet in floor area. B. The guest ranch shall be located on a lawfully created parcel that is: 1. At least 160 acres in size; 2. The majority of the lot or parcel is not within 10 air miles of an urban growth boundary containing a population greater than 50,000; 3. The parcel containing the dwelling of the person conducting the livestock opera -tion; and 4. Not classified as high value farmland as defined in DCC 18.04.030. C. For each doubling of the initial 160 acres required under DCC 18.128.360(B), up to five additional overnight guest rooms and 3,000 square feet of floor area may be added to the guest ranch for a total of not more than 25 guest rooms and 21,000 square feet of floor area. D. A guest ranch may provide recreational activities in conjunction with the livestock operation's natural setting, including but not limited to hunting, fishing, hiking, biking, horseback riding or swimming. Intensively developed recreational facilities such as a golf course or campground as defined in DCC Title 18, shall not be allowed in conjunction with a 46 guest ranch, and a guest ranch shall not be allowed in conjunction with an existing golf course or with an existing campground. E. Food services shall be incidental to the operation of the guest ranch and shall be provided only for the guests of the guest ranch. The cost of meals provided to the guests shall be included as part of the fee to visit or stay at the guest ranch. The sale of individual meals to persons who are not guests of the guest ranch shall not be allowed. F. The exterior of the buildings shall maintain a residential appearance. G. To promote privacy and preserve the integrity of the natural setting, guest ranches shall retain existing vegetation around the guest lodging structure. H. All lighting shall be shielded and directed downward in accordance with DCC 15.10, Outdoor Lighting Control. I. Signage shall be restricted to one sign no greater than 20 square feet, nonilluminated and posted at the entrance to the property. J. Occupancies shall be limited to not more than 30 days. K. The guest ranch shall be operated in a way that will protect neighbors from unreasonable disturbance from noise, dust, traffic or trespass. L. One off-street parking space shall be provided for each guestroom in addition to parking to serve the residents. M. Any conversion or alterations to properties designated as historic landmarks shall be approved by the Deschutes County Historical Landmarks Commission. (Ord. 2004-020 §2, 2004; Ord. 2004-001 §3, 2004; Ord. 2001-043 §1, 2001; Ord. 98-056 §2, 1998) Note: DCC 18.128.360 is repealed January 2, 2010 (Ord. 2006-017 §2, 2006). 18.128.370. Time -Share Unit. A time-share unit established under this subsection shall meet the following conditions: A. Any time-share unit project shall have its primary access on an arterial or collector street. B. New time-share units may be developed in vacant areas in the applicable zoning districts provided that such developments comply with DCC 18.128.370(A), and the following: 1. That such development has a minimum site size of 10 acres, except within the UUC- Sunriver Zone. 2. That such development is appropriately buffered by the use of yards, landscaping, etc., from adjoining properties as determined during site plan review considering the need for privacy and the effects of noise. C. The Planning Director or Hearings Body may require bonds to assure installation and maintenance of landscaping, parking and facilities that are part of the buffering scheme. It may also require that an adequate mechanism will exist, such as an owners' association, that will assure maintenance of such facilities. D. No structure shall be utilized as a time-share unit unless all the units in the structure or particular phase of the development are used as time-share units for this purpose. (Ord. 2000-033 §9, 2000) 18.128.380. Procedure for Taking Action on Conditional Use Application. The procedure for taking action on a conditional use application shall be as follows: A. A property owner may initiate a request for a conditional use by filing an application on forms provided by the Planning Department. B. Review of the application shall be conducted according to the terms of DCC Title 22, the Uniform Development Procedures Ordinance. (Ord. 86-032 §1, 1986) 47 18.128.390. Time Limit on a Permit for a Conditional Use. Duration of permits issued under DCC 18.128 shall be as set forth in DCC 22.36. (Ord. 95-018 §4, 1995; Ord. 91-020 §1, 1991) 18.128.400. Occupancy Permit. The Planning Director or Hearings Body may require an occupancy permit for any conditional use permitted and approved pursuant to the provisions of DCC Title 18. The Planning Director or Hearings Body shall consider such a requirement for any use authorized by a conditional use permit for which the ordinance requires on-site or off-site improvements or where such conditions have been established by the Planning Director or Hearings Body upon approval of such use. The requirement of an occupancy permit shall be for the intent of insuring permit compliance and said permit shall not be issued except as set forth by the Planning Director or Hearings Body. The authority to issue an occupancy permit upon compliance with the requirements and conditions of a conditional use permit may be delegated to the Planning Director or the building inspector by the Hearings Body at the time of approval of a specific conditional use permit. (Ord. 91-020 §1, 1991) 18.128.410. Time-share unit. (Repealed by Ord. 2000-033, 2000) 18.128.420. Building Permit for an Approved Conditional Use. Building permits for all or any portion of a conditional use shall be issued only on the basis of the plan as approved by the Planning Director or Hearings Body. Any substantial change in the approved plan shall be submitted to the Planning Director or the Hearings Officer as a new application for a conditional use. (Ord. 91-038 §3, 1991; Ord. 91-020 §1, 1991; Ord. 89-004 §3, 1989) 18.128.430. Event venue. The Planning Director or Hearings Body may authorize an event venue as a conditional use, subject to the following standards: K. An event venue may not be established on property that is located adjacent to an EFU or Forest zoning district. L. An event venue may be established only on property that adjoins and has access to a rural arterial street. M. The property used for an event venue must, also, contain an occupied single-family residence. N. A maximum of two events shall be allowed per day and 7 per week. O. The maximum number of quests for any single event shall not exceed 300. P. All lighting used during events shall be arranged and shielded so as not to shine onto adjacent properties or rights-of-way. Q. Noise shall be regulated as follows: 1. From 7:00 a.m. until 10:00 pm, the average peak sound pressure level of the noise shall not exceed the greater of 60 dB(A) or the ambient noise level when measured off the subject property. 2. Noise generated by passenger vehicles exiting or entering the subject property shall be exempt from the noise standards, and the off -the -property noise standards shall not apply to public rights-of-way and railroad rights-of-way. 48 3. A noise study may be required to demonstrate compliance with the noise standards. 4. If a noise study is required, measurements shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type 1I meter, as specified in ANSI Standard 1.4-1971. The sound level meter shall contain at least an A-weighted scale, and both fast and slow meter response capability. The Personnel making measurements shall have completed training in the use of the sound level meter, and measurement procedures consistent with that training shall be followed. 5. Outdoor generators and outdoor sound amplification devices or systems shall not be allowed. R. Parking 1. The minimum parking requirement shall be one space per three quests based on the maximum number of quests permitted for any single event. An additional space shall be provided for each employee. 2. The minimum parking space requirements for the event venue shall be in addition to the parking required for other permitted uses conducted on the subject property. 3. On-street parking shall be prohibited on the day of an event. S. Restroom facilities shall be regulated as follows: 1. Portable restroom facilities shall include hand-sanitizing or hand-washing facilities. 2. Portable restroom facilities shall be subject to the standards of the service provided and the County Environmental Health Department. 3. Portable restroom facilities shall be screened from adjacent properties and rights- of-way by sight-obscuring fences or plantings and shall be located a minimum of 50 feet from all property lines. 4. Use of on-site sewage disposal facilities shall be subject to approval by the County Environmental Health Department. T. Equipment, furniture, goods, and other amenities used for events shall be stored indoors on non-event days. The use shall not take an outward appearance nor manifest any characteristics of a business or operation of a retail or wholesale nature, except for those characteristics normally associated with or allowed for a primary use in the subject zoning district, on non-event days. U. The use shall comply with any applicable requirements of the Oregon Liquor Control Commission. V. Events conducted on a property approved as an event venue do not require approval as a special event or mass gathering. 49 4/1/4),.. PAUL HEATHERMAN PC ATTORNEYS AT LAW PAUL B. HEATHERMAN OLD MILL DISTRICT 960 SW DISK DRIVE, SU1ii 101 - P.O. BOX 8 BEND, OREGON 97702 Paralegal: PHONE: 541-389-1010 LINDA KERR FAX: 541-382-6875 E-MAIL: mail@benrlattorneys.com May 30, 2008 Board of County Planners Attn: Anthony Raguine, Deschutes County Senior Planner Community Development Department 117 NW Lafayette Ave. Bend, Oregon 97701 RE: Lopez's Wedding Venue Dear Board of Deschutes County Planners: Of Counsel: ALISON NISBET RECEIVED JUN 02 ?QS3 Deschutes County CDD Thanks for hearing us present the text amendment on May 22. I am not going to rehash the issue. If you do not get around to reading all of the written comments, I ask you to at least read this because I represent the applicant. I offer the following: 1. The Lopez's have (with valid permits) set up a banquet room on their property. It is fully insulated, dry walled, sheet rocked, and has acoustic baffles to dampen sound. The neighbors' complaints about noise were prior to Lopez's construction of the banquet room, and their instructions to wedding parties to keep all amplified music in the banquet room, which is at least 500 feet from the closest complaining neighbor's house, and at least 600 feet from the next closest complaining neighbor (note Exhibit 4 from the May 22nd hearing which contains letters from happy neighbors). 2. The Lopez's are willing to amend the text amendment further by limiting smaller parcel venues to a maximum of 200 attendees, 75 vehicles and 2 times a week. Recall that the prior proposal had a maximum of 300 attendees, no vehicle limit and up to 3 times a week. This is a good faith attempt to address Mr. Raguine's concerns about potential impacts. Please work with this as you formulate your decision. 3. The opponents who complained at the hearing about having moved to the area years ago to enjoy a "rural lifestyle" voluntarily chose to live in the flight path of the Bend Airport; which now has jets. They chose to live in a noisy place. The reality is that Bend is becoming urbanized and the purpose of MUA-10 is to transition to urban use. 4. Based on the text and the context of the ordinance, it is ambiguous at least to lay people, whether or not events not listed are prohibited or not. Your senior planner, Mr. Raguine, stated at the May 22 hearing that if it is not listed, you cannot do it. Unfortunately, as witnesses 100; post consufner recycled waste fibers • certified processed chlorine free • .FSC -certified have testified, that rule has never been communicated clearly to inquiring residents over the past few years. Based on this ambiguous approach, the County pursued my client, Mr. and Mrs. Lopez, for "illegal activity" which must be so important that it could not wait to prosecute until this issue is resolved definitively. At a minimum, you have a PR problem, because as some witnesses and myself pointed out, when someone calls County Planning about possible uses, they get different stories or the "green light" until someone complains. The County needs to get their story straight before they can chase owners with citations for various uses. 5. I implore you to revisit the abatement issue for wedding sites that already have pre-set dates. At the May 22°d hearing, Mr. Anderson ended the discussion of that issue by reassuring you that all wedding venues would not be cited if they already had pre-set dates. Unfortunately, Mr. Anderson and the Code Enforcement Division do not intend to keep their word in regard to my clients who initiated this process (see attached letter from Mr. Griffin). If the County continues to enforce against my client while giving every other wedding venue a free pass, this is mean-spirited, arbitrary and amounts to selective enforcement. You are unfortunately lending support to those "anti-government" activists. We ask that you revisit this issue at your next meeting so that you can hold your staff accountable. Finally, you will soon receive a letter from the Lopez's themselves. As they are the applicants, I strongly recommend that you read their letter in addition to mine. Sincerely, Paul Heatherman dnd/PBH encl. c: Anthony Raguine, Deschutes County Senior Planner c: Mr. and Mrs. Lopez 100% post consumer recycled waste fibers • certified processed chlorine free • .FSC -certified May 27, 2008 Paul B. Heatherman P.O. Box 8 Bend, OR 97709 RE: Deschutes County v. Lopez Case No. VI 070979 Dear Paul: NLUbIVED MAY 2 8 2008 Legal Counsel 1300 NW WALL STREET, SUITE 200 BEND, OREGON 97701 TELEPHONE ¥541-388-6623 541-388-6624 FACSIMILE ¥541-617-4748 The purpose of this letter is to confirm our conversation o Director of the Community Development Department, an • may have resulted from the testimony before the Plannin May 22, 2008. We discussed the testimony and informed you and your c the Community Development Department has sent to oth intends to proceed as it always has in your client's case. your client's request for an abatement of enforcement act As Mr. Anderson mentioned on the phone, there are a nu least of -which -is the :fact that the code enforcement actio since February 2007. Mr. Lopez has had substantial noti cited, unlike other event venues on which complaints hav course, just one reason for our decision. If the County de Lopez has hosted events in violation of the county code, may institute further enforcement action consistent with t procedures. Mark PiiIod, Legal Counsel Laurie E. Craghead, Assistant Legal Counsel Christopher Bell, Assistant Legal Counsel Steven Griffin, Assistant Legal Counsel Please refer to File No.: 6/1-017 Friday, May 23, 2008. Tom Anderson, I called you to clear up any confusion which Commission on the evening of Thursday, lent that, notwithstanding any letters which r wedding venue providers, the County he County has considered and rejected ons as to him. ber of reasons for this position, not the pertaining to your client has been ongoing e that additional wedding events would be been received only recently. This is, of velops probable cause to believe that Mr. n additional citation will be issued. We also e Code and/or County policies and Thank you for making yourself available to clear up any nfusion from the testimony. Sincerely, r teve Griffin, Assistant Legal Counsel SG/ah Quality Services PerformOd with Pride CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE 806 HOME OCCUPATION TO HOST EVENTS (11/30/06) 806.01 APPLICABILITY This section shall apply in the RR, RA -1, RA -2, RRFF-5, FF -10, FU -10, EFU, and AG/F zoning districts. 806.02 DEFINITIONS For the purposes of this section, the following definitions shall apply: A. Employee: Any on-site person, whether they work full-time or part-time in the home occupation business, including, but not limited to, the operator, partners, assistants, and any other persons or family members participating in the operation of the business. This definition does not apply to persons employed by contract to provide services for a single event, such as caterers, photographers, and florists. B. Events: Weddings, family reunions, class reunions, company picnics, and similar gatherings. C. Operator: The person who conducts the home occupation, has majority ownership interest in the business, lives full-time in a dwelling on the subject property and is responsible for strategic decisions and day-to-day operations of the business. 806.03 CONDITIONAL STANDARDS A home occupation to host events shall comply with the following standards: A. The home occupation shall be sited on a lot of record that contains a Lawfully established dwelling. B. The operator of the home occupation shall be a resident of the property on which the business is located. C. The home occupation shall have no more than five full-time or part-time employees on the site. D. The home occupation shall be operated substantially in: 1. The dwelling; or 2. Other buildings or . which are normally associated with uses permitted in the zoning district in which the subject property is located. E. This section shall not permit the construction of any structure that would not otherwise be allowed in the zoning district in which the subject property is located. 806-1 Last Text Revision 11/30/06 CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE F. In the EFU and AG/F zoning districts, a winery as defined in Oregon Revised Statutes 215.452 shall be present on the subject property prior to the operation of the home occupation. If the winery is discontinued for more than one year, the conditional use approval shall become null and void. G. If the subject property is located in or adjacent to an EFU, TBR, or AG/F zoning district, prior to operating the home occupation, the applicant shall record a written irrevocable statement in the deed records of the County binding upon the landowner, and the landowner's successors in interest, acknowledging the right of adjacent and nearby farm and forest operators to employ accepted farm and forest management practices and prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under Oregon Revised Statutes 30.936 or 30.937. Impacts from farming and forest practices may include, but are not limited to: noise, dust, spray, smoke, vibrations, and visual impacts. H. In the EFU and AG/F zoning districts, the evaluation of compliance with Subsection 1203.01(D) shall include consideration of impacts on dwellings even though dwellings are not primary uses in these zoning districts. I. During the months of November through March, no event shall take place outside the hours of 9:00 a.m. to 10:00 p.m. During the months of April through October, no event shall take place outside the hours of 8:00 a.m. to 10:00 p.m. These time restrictions do not apply to persons involved in the set-up or clean-up of the facilities. J. During the months of November through March, no more than five events shall be allowed per week. During the months of April through October, no more than seven events shall be allowed per week. K. A maximum of two events shall be allowed per day. L. The maximum number of guests for any single event shall not exceed 300. However, a lower limit may be imposed based on site capacity constraints. M. All lighting used during events shall be arranged and shielded so as not to shine onto adjacent properties or rights-of-way. N. Noise shall be regulated as follows: 1. From 7:00 a.m. until 10:00 p.m., the average peak sound pressure level of the noise shall not exceed the greater of 60 dB(A) or the ambient noise level when measured off the subject property. Between 10:00 p.m. and 7:00 a.m., the average peak sound pressure level of the noise shall not exceed the greater of 50 dB(A) or the ambient noise level when measured off the subject property. 806-2 Last Text Revision 11/30/06 CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE 2. Noise generated by passenger vehicles exiting or entering the subject property shall be exempt from the noise standards, and the off -the -property noise standards shall not apply to public rights-of-way and railroad rights-of-way. 3. A noise study may be required to demonstrate compliance with the noise standards. 4. If a noise study is required, measurements shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified in ANSI Standard 1.4-1971. The sound level meter shall contain at least an A - weighted scale, and both fast and slow meter response capability. Personnel making measurements shall have completed training in the use of the sound level meter, and measurement procedures consistent with that training shall be followed. 5. Outdoor generators and outdoor sound amplification devices or systems shall not be allowed. O. The home occupation shall comply with Section 1007, except as modified by this subsection. 1. The minimum parking requirement shall be one space per three guests based on the maximum number of guests permitted for any single event. An additional space shall be provided for each employee. 2. The minimum parking space requirement for the home occupation shall be in addition to the parking required for other permitted uses on the subject property. 3. On -street parking shall be prohibited on the day of an event. P. Restroom facilities shall be regulated as follows: 1. Portable restroom facilities shall include hand -sanitizing or hand -washing facilities. 2. Portable restroom facilities shall be subject to the standards of the service provider and the County Soils Division. 3. Portable restroom facilities shall be screened from adjacent properties and rights-of-way by sight -obscuring fences or plantings and shall be located a minimum of 50 feet from all property lines. 4. Use of on-site sewage disposal facilities shall be subject to approval by the County Soils Division. 806-3 Last Text Revision 11/30/06 Q. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE One temporary sign may be allowed in addition to signs permitted pursuant to Section 1010. The sign shall not exceed eight square feet in area; shall be placed on private property on the day of the event; shall be removed no more than 24 hours after the event; and shall be physically attached to the premises in a manner which both prevents the sign from being moved or blown from its location, and allows the prompt removal of the sign. R. Equipment, furniture, goods, and other amenities used for events shall be stored indoors on non-event days. The use shall not take an outward appearance nor manifest any characteristics of a business or operation of a retail or wholesale nature, except for those characteristics normally associated with or allowed for a primary use in the subject zoning district, on non-event days. S. The use shall comply with any applicable requirements of the Oregon Liquor Control Commission. 806-4 Last Text Revision 11/30/06 ARTICLE 73 — HOME OCCUPATION TO HOST WEDDINGS & RELATED EVENTS Adopted by Hood River County — Ordinance #255 & #261 Article 73, Ordinance #255 — effective July 22, 2004 Section 73.30(M)(1)(e), Ordinance #261 — effective January 20, 2005 Section 73.10 - Purpose & Intent The purpose of this Ordinance shall be to prescribe procedures under which a home occupation to host weddings and related private events may be permitted as a conditional use in Hood River County. This ordinance seeks to protect the character of single family residential neighborhoods and to ensure protection of lands zoned Residential, Rural Residential, Rural Center, Exclusive Farm Use, and Forest, while allowing the orderly and reasonable occurrence of wedding events in Hood River County. The intent of this Ordinance is to recognize and to provide the following: An established Bed & Breakfast (B&B), farm, or winery is allowed to apply for a Conditional Use Permit for a Home Occupation to host weddings and related events as an accessory use to their existing operation (of a B&B, farm, or winery). The County recognizes the following: local needs and demands generated by the scenic character of the area and related tourism invite Hood River County to accommodate hosted weddings; doing so will assist in diversifying the County's economy. The County's rural land base contains different development characteristics than those noted in urban areas and cities, and therefore its natural amenities attract such events. The Ordinance is not intended to apply to events hosted at such public gathering places as churches, community centers, grange halls, or schools, or similar structures; or to events hosted by non-profit organizations for charitable purposes. Nor is this Ordinance intended to apply to events covered by the State's Mass Gathering Statute (ORS 433.735 - 433.770). Section 73.15 — Applicability This ordinance applies to the following zones: Residential Zone (R-1); Residential Zone (R-2); Rural Residential Zone (RR); Rural Center Zone (RC); Historic Preservation Zone (HP); Forest Zone (F-1); and Exclusive Farm Use Zone (EFU). It also applies to appropriate zones (ie, where the primary use is allowed) in designated unincorporated communities. In the Hood River Urban Growth Area (UGA), it applies to those zones which allow Bed & Breakfasts (B&Bs); and in the R-1 zone, to B&Bs legally existing as of January 1, 2004. This ordinance does not apply to land zoned Commercial (C-1); Industrial (M-1); or Light Industrial (M-2); or to land located within the County's Columbia River Gorge National Scenic Area (NSA). Section 73.20 — Definitions A. Established Bed & Breakfast (B&B): A use established as a B&B by a Conditional Use Permit approved under Article 56 (Bed & Breakfast Facilities), or Article 65 (Non -Conforming Use) of the Hood River County Zoning Ordinance, or otherwise lawfully established; and in operation for at least a year. B&Bs are allowed to be run by owners or lessees, only if residents, as per Article 56 (B&B) of the County Zoning Ordinance. B. Established Farm: A parcel or parcels operating as a farm with a demonstrated capability of meeting the test for a `principal farm operator dwelling' as per Article 7 (Exclusive Farm Use), Section 7.50(A) of the Hood River County Zoning Ordinance. The farm must be owner -operated. C. Established Winery: A winery which meets the standards established in ORS 215.452, or otherwise lawfully established. The winery must be owner -operated. D. Weddings: Private wedding events, hosted by the permit holder for a fee. Article 73 — Home Occupation to Host Weddings & Other Event Page 1 Section 73.25 - Conditional Uses The following conditional uses are required to comply with applicable requirements of the zone in which the home occupation is located, as well as with provisions in Article 60 (Administrative Procedures), Article 72 (Planning Director's Review Procedure), and this Article: A. A home occupation to host weddings proposed in the following zones shall comply with applicable requirements of the zone in which it is located: Residential Zone (R-1); Residential Zone (R-2); Rural Residential Zone (RR); Rural Center Zone (RC); Historic Preservation Zone (HP); and Urban Growth Area. If the property is located adjacent to a Farm or Forest Zone, prior to operating the proposed event site, the applicant shall record a deed statement acknowledging the right of adjacent farm and nearby forest operators to employ accepted farm and forest management practices. Such practices include, but are not limited to: noise, dust, spray, smoke, etc. B. A home occupation to host weddings proposed in the Forest Zone (F-1) and Exclusive Farm Use Zone (EFU) shall comply with the following additional requirements: 1. A home occupation proposed in the Forest Zone (F-1) shall also comply with provisions in Section 5.25 (Conditional Use Criteria) of Article 5 (Forest Zone) of the Hood River County Zoning Ordinance. 2. A home occupation proposed in the Exclusive Farm Use Zone (EFU) shall comply with provisions in Section 7.40 (Uses Subject to a Conditional Use Permit) of Article 7 (Exclusive Farm Use Zone) of the Hood River County Zoning Ordinance, and ORS 215.296. 3. Prior to operating the proposed event site, the applicant shall record a deed statement acknowledging the right of adjacent farm and nearby forest operators to employ accepted farm and forest management practices. Such practices include, but are not limited to: noise, dust, spray, smoke, etc. 4. For farms and wineries, the wedding event site shall be located on property that comprises part of the farm operation or winery. If the approved wedding event site is located on a lot or parcel on which the principal dwelling for the farm or winery is not located, approval for the use of the site shall become null and void if the parcel is sold as a separate and discrete parcel from the farm operation. 5. Approval of a conditional use permit issued under Article 73 does not create an entitlement that would supercede or countermand the right to farm. 6. The use may be affected by ORS Chapter 477 ("Fire Protection of Forests and Vegetation"), which allows the State Forester to permit closures which restrict access in case of fire hazard on forestland. Section 73.30 - Limitations on Use In the event a Conditional Use Permit is granted, the following standards and limitations on use shall apply: A. Application for this conditional use permit is limited to the following, as defined in Section 73.20: 1. Established Bed & Breakfast 2. Established Farm 3. Established Winery B. Frequency of events: No more than one event per day is allowed. Article 73 — Home Occupation to Host Weddings & Other Event Page 2 C. Maximum number of guests: Shall be based on the capacity of the site, and shall be specified in the application. No more than 300 guests maximum are allowed at any one event. D. Duration of event: No event shall take place outside the hours of 7:00 am — 10:00 pm. E. Lighting: Exterior lighting shall not project into an adjoining residential area. Use of stadium - style, or other glaring lighting is prohibited. Lighting of accessible paths may be required, if necessary. F. Noise: It is unlawful for any person to make, continue, or cause to be made or continued, any noise, which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of a reasonable person of normal sensitivities present in the area. Factors to consider in evaluating whether a noise is loud, disturbing, or excessive for the purposes of this section, shall include, but not be limited to the following: > The volume of the noise; ➢ The intensity of the noise; > The duration of the noise; ➢ Whether the noise is recurrent, intermittent, or constant; > The time of day or night the noise occurs; > Whether the nature of the noise is usual or unusual; ➢ Whether the origin of the noise is natural or unnatural; > The nature and zoning of the area within which the noise emanates and where it is received; ➢ Whether the noise is produced by a commercial or noncommercial activity. Noise shall be considered excessive and in violation of this ordinance if it meets one of the following criteria: 1. The noise is plainly audible from within any closed dwelling unit that is not the source of the sound; or 2. The sound peak pressure level of the noise, as measured on the A scale, shall not exceed sixty (60) dB(A) during the hours of 7:00 a.m. until 10:00 p.m. as measured at any of the complainant's property lines within a residential district or near a residential area. Article 73's noise standards shall supercede the County's Noise Ordinance, if there is a conflict between the provisions in the two. G. Parking: It shall be in compliance with Article 51 (Off -Street Parking & Loading) of the Hood River County Zoning Ordinance. Parking in compliance with ADA (Americans with Disability Act) guidelines shall be required as per the Oregon Structural Specialty Code. H. Fire & Emergency Vehicle Access: Shall comply with Fire & Life Safety Requirements for Fire Department Access and Water Supplies. I. Operator shall ensure that only caterers licensed in the States of Oregon or Washington are contracted to provide food; caterers shall be bonded. J. Operator shall comply with all requirements of the Oregon Liquor Control Commission (OLCC), if alcohol is served during an event. Article 73 — Home Occupation to Host Weddings & Other Event Page 3 K. Toilet facilities shall be portable with available hand -sanitizing or hand -washing facilities. Use of the dwelling's on-site septic facilities is not allowed for an event, except by residents or over- night guests of the facility. L. One temporary sign may be allowed in addition to the allowed Bed and Breakfast sign. The sign shall not exceed eight (8) square feet in size and shall be placed on private property on the day of the special event and shall be removed within 24 hours after the event. M. Additional standards to the above apply to the Hood River Urban Growth Area and Urban Density Residential Zones (includes R-1; R-2; and RC zones located outside the UGA, and in urban density residential zones in designated unincorporated communities). Excluding the Rural Residential Zone. 1. Parking: No on -street parking is allowed, except for some limited parking in the R-1 zone of the Hood River UGA, as described in subsection 'e' below. The applicant shall create a parking plan to accommodate all vehicles based on the maximum number of guests proposed. (In order to calculate parking capacity for the number of guests, provide one space per 3 people; provide one space per regular or contract employee; and retain adequate parking for the primary use.) The following information shall be included in the plan; incomplete plans will be rejected: a. The maximum number and type of vehicles anticipated, based on the maximum number of guests allowed (including spaces for the primary use; contract and regular employees; as well as guests of the event). b. The specific locations where vehicles can be lawfully parked and which will be available for parking [on-site, or off-site by formal agreement(s) with non- residential parking lot(s)] or any combination of these methods. c. The number of vehicles to be accommodated at each location. d. If off-site parking is proposed, include the following: i. A signed statement of consent from the owner of that property(ies), including the terms of usage. ii. Confirmation from the property owner(s) that adequate spaces are reserved for parking by the wedding event site. iii. A parking and circulation plan for the use of that parking lot by the wedding event site, which addresses safety and includes the location for shuttle or valet pick-up. iv. The types of services (valet or shuttle) that will be provided to transport guests to the wedding event site and back to their cars. e. In addition to the above, Lakecliff Bed & Breakfast (B&B) may allow parking during weddings on Westcliff Drive west of Lakecliff B&B's eastern property line and east of the I-84 Interchange, with parking on the south side of the street, subject to review and approval by Oregon Department of Transportation (ODOT), as well as applicable local agencies. Any parking for the use on Westcliff Drive shall be located on the south side of the street, outside of the fog lines, off of the paved surface and parallel to the roadway. No head -in or angled parking will be allowed. In addition, the first car parked on Westcliff Drive shall be located 50 feet east of the Westcliff Drive/Cascade Avenue intersection. Article 73 — Home Occupation to Host Weddings & Other Event Page 4 There shall be a parking attendant. No parking for the use shall be allowed on Westcliff Drive east of Lakecliff B&B's eastern property line. This provision is expressly conditioned upon the applicant obtaining a Conditional Use Permit for a home occupation to host weddings.' The County and applicable Fire District shall review the plan to determine consistency with these requirements and to determine if sufficient, safe parking is identified. It is the applicant's responsibility to communicate parking instructions consistent with the approved plan to all guests and contract or regular employees prior to the event. Section 73.40 - Home Occupation Standards In addition to the above requirements, the following Home Occupation Standards shall apply: A. As set forth in Section 73.20 (Definitions), the Home Occupation shall be: Operated by a resident or employee of a resident of the property on which the business is located. B. It shall employ on the site no more than five full-time or part-time persons. C. It shall be operated substantially in: 1. The dwelling; or 2. Other buildings or areas designated in the permit which are normally associated with uses permitted in the zone in which the property is located. D. It shall not unreasonably interfere with other uses permitted in the zone in which the property is located. E. Nothing in this section authorizes the governing body or its designate to permit construction of any structure that would not otherwise be allowed in the zone in which the home occupation is to be established. F. The existence of a home occupation shall not be justification for a plan and zone change. G. It shall be subject to site plan review, as per Section 73.50 of this Article. H. It shall comply with Section 73.10 (Purpose & Intent) and 73.20 (Definitions) of this Article. I. The home occupation shall be incidental, accessory and subordinate to the primary use as a B&B, winery, or farm. The event site shall cease to operate if the primary use is discontinued. J. The use will not take an outward appearance nor manifest any characteristics of a business or operation of a retail or wholesale nature; except for those characteristics normally associated with or allowed for a winery (if the primary use is a winery). K. There shall be no permanent visible evidence of conduct of a home occupation from any road or adjacent property. L. Only limited retail sales and sales accessory to services associated with the primary use or home occupation are permitted. M. Approval is personal to the applicant and shall not run with the land. I Hood River County Ordinance #261 1 Article 73 — Home Occupation to Host Weddings & Other Event Page 5 1 1 N. If sale of the property is contemplated, applicant will inform the County Planning Department. If selling, leasing or allowing another individual to use the property and home occupation occurs, approval of the conditional use permit shall become null and void. Further use by other than the applicant requires additional review and approval by the Hood River County Planning Department. O. Permanent signage related to weddings and related events may only be included in the principal sign allowed, unless required by the State for the protection of the public's health, safety and welfare. P. The use shall not generate additional traffic or parking beyond what is permitted in the Conditional Use Permit. Q. The owner shall keep a record of the name and license # of the caterers used for each event for one year, for review upon request by County Environmental Health. Section 73.50 — Site Plan Review A. Applicant shall provide a written narrative and site plan addressing the following issues: 1. Designated area and existing structures to be used for the events 2. Number of events anticipated per season 3. Frequency of events 4. Maximum number of guests intend to serve 5. Noise 6. Infrastructure — How will you provide electricity and utilities to the event? 7. Parking & Circulation — Need to provide one (10' x 20') parking space per vehicle; estimate 3 people per car. See Sections 73.30(G) and (M). 8. Traffic and Access 9. Lighting 10. Environmental Health Aspects a. How will food be provided? Where will it be served? b. What is your domestic water source? c. Indicate how many portable toilets will be provided, as well as how hand - sanitizing or hand -washing facilities will be provided. 11. Safety & Insurance 12. Are alcoholic beverages being served? If so, are OLCC requirements being met? Section 73.60 - Review of Use Review of the use shall be subject to the provisions in Article 68 ("Revocation"), Section 68.10 (Periodic Review) of the Hood River County Zoning Ordinance. Article 73 — Home Occupation to Host Weddings & Other Event Page 6 Section 73.70 — Amendments Amendments to an approved conditional use permit for a Home Occupation for Weddings and Related Events shall be processed as a new administrative action, subject to the provisions of this Article. Section 73.80 - Enforcement A. Notify law enforcement if there is a violation (pertaining to noise and parking). B. The permit holder is responsible for any violations of their permit. C. Unless an extension has been granted to the permit holder, a Conditional Use Permit issued under this Article shall automatically become null and void one year after the date on which it was granted if the use has not commenced. D. If the primary use (farm, winery, or B&B) has been discontinued for over one year, or the secondary use (home occupation for weddings & related events) has been discontinued for over two years, the permit shall be considered null and void. E. The Board of Commissioners with or without recommendation of the Planning Commission may void the Conditional Use Permit providing the following conditions and procedures are followed: 1. Upon review by the Planning Director a violation of the conditions of the Conditional Use Permit of this ordinance is found. The Planning Director shall inform the applicant by registered or certified letter, and regular mail, of the violation. 2. The Planning Director may refer the matter of the violation to mediation, if all parties to the matter, including the County, consent. 3. If the violation is not corrected, by mediation or otherwise, or if a subsequent violation occurs after issuance of the Planning Director's notice of violation, the Planning Director shall inform the Board of Commissioners of the violation together with sufficient data to inform the Board of the character of the violation(s). The Board shall then set a hearing date on the violation. 4. At least 10 days prior to the public hearing, the applicant shall be notified by registered letter of the public hearing. In addition, all who are notified of the original application and those who testified shall be notified by regular mail. 5. The Board of Commissioners shall conduct the public hearing pursuant to the requirements of a hearings body or officer found in Article 60. F. In Exclusive Farm Use (EFU) and Forest (F-1) zones, the requirements below supercede Section 73.80(D) if the violation is specific to how the use affects farm or forest practices on surrounding resource lands. 1. A person engaged in farm or forest practices on lands devoted to farm or forest use may file a complaint with the County Planning Director alleging: a. That a condition imposed has been violated; b. That the violation has: A. Forced a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or Article 73 — Home Occupation to Host Weddings & Other Event Page 7 B. Significantly increased the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and c. That the complainant is adversely affected by the violation 2. Upon receipt of a complaint, the local governing body or its designee shall: a. Forward the complaint to the operator of the use; b. Review the complaint in the manner set forth in the section in ORS 215 on Planning and Zoning Hearings & Review; and c. Determine whether the allegations made pursuant to subsection (1) of this section are true. 3. Upon a determination that the allegations of the complaint are true, the local governing body or its designee at a minimum shall notify the violator that a violation has occurred, direct the violator to correct the conditions that led to the violation within a specified time period and warn the violator against the commission of further violations. 4. If the conditions that led to a violation are not corrected within the time period specified pursuant to subsection (3) of this section, or if there is a determination pursuant to subsection (2) of this section following the receipt of a second complaint that a further violation has occurred, the local governing body or its designee at a minimum shall assess a fine against the violator. 5. If the conditions that led to a violation are not corrected within 30 days after the imposition of a fine pursuant to subsection (4) of this section, or if there is a determination pursuant to subsection (2) of this section following the receipt of a third or subsequent complaint that a further violation has occurred, the local governing body or its designee shall at a minimum order the suspension of the use until the violator corrects the conditions that led to the violation. 6. If a home occupation for weddings and related events is initiated without prior approval, the local governing body or its designee at a minimum shall notify the user that prior approval is required, direct the user to apply for approval within 21 days and warn the user against the commission of further violations. If the user does not apply for approval within 21 days, the local governing body or its designee shall order the suspension of the use until the user applies for and receives approval. If there is a determination pursuant to subsection (2) of this section following the receipt of a complaint that a further violation occurred after approval was granted, the violation shall be deemed a second violation and the local governing body or its designee at a minimum shall assess a fine against the violator. 7. A person residing in a single-family residential dwelling which was approved under ORS 215.213 (3), 215.284 (1), (2), (3), (4) or (7) or 215.705, which is within an exception area approved under ORS 197.732 or which is within an acknowledged urban growth boundary may not file a complaint under subsection (1) of this section. 8. Nothing in this section shall prevent a local governing body approving a use allowed under ORS 215.213 (2) or 215.283 (2) from establishing standards in addition to those set forth in ORS 215.296(1) or from imposing conditions to insure conformance with such additional standards. Article 73 — Home Occupation to Host Weddings & Other Event Page 8