HomeMy WebLinkAbout91-02091-1SIOS
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Adopting Title 18,
Deschutes County Zoning Ordinance,
of the Deschutes County Code,
Repealing Ordinance No. PL -15,
and Declaring and Emergency.
ORDINANCE NO. 91-020
REVIEWED
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THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS
as follows:
Section 1. ADOPTION. The provisions of Title 18, Deschutes
County Zoning Ordinance, attached hereto and incorporated herein
as Exhibit "A", are hereby enacted and made a part of the Deschutes
County Code.
Section 2. REPEAL. Ordinance PL -15, as amended, is hereby
repealed in its entirety and replaced with Title 18 of the
Deschutes County Code.
Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance by
this ordinance shall not release or extinguish any duty, condition,
penalty, forfeiture, or liability incurred under such ordinance,
unless a provision of this ordinance shall so expressly provide,
and such ordinance repealed shall be treated as still remaining in
force for the purpose of sustaining any proper action or
prosecution for the enforcement of such duty, condition, penalty,
forfeiture, or liability, and for the purpose of authorizing the
prosecution, conviction and punishment of the person or persons who
violated the repealed ordinance.
Section 4. CORRECTIONS. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
Section 5. SEVERABILITY. The provisions of this ordinance
are severable. If any section, sentence, clause, or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction that decision shall not affect the validity of the
remaining portions of this ordinance.
!(E till C H E D
1 - ORDINANCE NO. 91-020 (5/29/91)
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Section 6. EMERGENCY. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its passage.
DATED this day of May, 1991.
BOARD OF C UNTY COMMISSIONERS
OF DESPfMS COUNTY, OREGON
2 - ORDINANCE NO. 91-020 (5/29/91)
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, Commis
Chapter 18.04
TITLE, PURPOSE AND DEFINITIONS
Sections:
18.04.010 Title
18.04.020 Purpose
18.04.030 Definitions
18.04.010 Title.
This ordinance shall be known as the
Deschutes County Zoning Ordinance of 1979.
18.04.020 Purpose.
A. The intent or purpose of this ordi-
nance is to promote the public health, safety
and general welfare and to carry out the
Deschutes County Comprehensive Plan, the
provisions of ORS Chapter 215 and the
Statewide Planning Goals adopted pursuant
to ORS Chapter 197. This ordinance is to
establish zoning districts and regulations
governing the development and use of land
within portions of Deschutes County, Oregon;
B. To provide regulations governing
nonconforming uses and structures; to estab-
lish and provide for the collection of fees; to
provide for the administration of this ordi-
nance and for the officials whose duty it shall
be to enforce the provisions thereof; to pro-
vide penalties for the violations of this ordi-
nance; and to provide [for conflicts with other
ordinances or regulations] for resolution of
conflicts;
C. To regulate the placement, height
and bulk of buildings; and the placement and
growth of vegetation within the county to
ensure access to solar energy by reasonably
regulating interests in property within the
county, as authorized under ORS 215.044 and
ORS 105.880 through 105.890, to promote
and maximize the conservation of energy by
preserving the option to utilize solar energy
and to implement the Comprehensive Plan
polices relating to solar energy; and
D. To encourage the design of new
buildings, structures and developments which
use solar energy and protect future options to
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use solar energy by protecting solar access.
(Ord. 83-037 § 1, 1983)
18.04.030 Definitions.
As used in this ordinance, the following
words and phrases shall mean:
Accelted Farming Practice. A mode of
operation common to farms and ranches of a
similar nature, necessary for the operation of
such farms and ranches with the intent to
obtain a profit in money, and customarily
utilized in conjunction with farm use.
Access. The right to cross between public
and private property allowing pedestrians and
vehicles to enter and leave property.
Accessory Use or Accessory Structure. A
use or structure incidental and subordinate to
the main use of the property, and located on
the same lot as the main use. Accessory uses
include drilling for, and utilization of, low-
temperature geothermal fluid in conjunction
with the main use of the property. (Ord. 85-
002 § 1, 1985)
Adjoining. Contiguous; touching or con-
nected, including tracts of land that only
connect or touch at a common point.
Affected Persons. Includes those owners of
record of real property located within a mini-
mum distance of 250 feet, exclusive of public
street and other right-of-way, from the prop-
erty subject to a permit required by this
ordinance.
Agricultural Land. Lands classified by the
U. S. Soil Conservation Service (SCS) as
predominately Class I -VI soils, and other
lands in different soil classes which are suit-
able for farm use, taking into consideration
soil fertility, suitability for grazing and crop-
ping, climatic conditions, existing and future
availability of water for farm irrigation pur-
poses, existing land use patterns, technological
and energy inputs required, and accepted
farming practices. Lands in other classes
which are necessary to permit farm practices
to be undertaken on adjacent or nearby lands
shall be included as agricultural lands in any
event.
EXHIBIT "A'
Aircraft. Any vehicle designed or used for
flight through the air and capable of carrying
goods or people.
Airport. Any area of land or water which is
used or intended to be used by the general
public for the landing and taking off of air-
craft and any appurtenant areas, buildings or
facilities.
Animal Hospital. A place where animals or
pets are given medical attention and cared for
during the time of such treatment.
Apartment. See Dwelling, multiple -family.
Area of Shallow Flooding. Such areas are
designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). In such areas,
the base flood depths range from one to three
feet, a clearly defined channel does not exist,
the path of flooding is unpredictable and
indeterminate, and velocity flow may be
evident. For purposes of this definition, AO
is characterized as sheet flow and AH indi-
cates ponding. (Ord. 88-030 § 3, 1988)
Area of Special Flood Hazard. The land in
the flood plain within a community subject to
a one percent or greater chance of flooding in
any given year. Such areas are designated by
the letter A or V on the Flood Insurance
Rate Map (FIRM). (Ord. 88-030 § 3, 1988)
Automobile Wrecking Yard. A premises
used for the storage or sale of used auto-
mobile or truck parts or for the storage,
dismantling or abandonment of obsolete
automobiles, trailers, trucks, machinery or
parts thereof.
Automobile Service Station. A building or
portion thereof or land used for the retail sale
of automobile fuel, oil and accessories and
service.
Automobile Repair Garage. A building or
portion thereof used for the care and repair
of motor vehicles or where such vehicles are
parked or stored for compensation, hire or
sale.
Automobile and Trailer Sales Area. An
open area, other than a street, for the display,
sale or rental of new or used automobiles or
trailers and where no repair work is done
except minor incidental repair of automobiles
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or trailers to be displayed, sold or rented on
the premises.
Bank -Full Stage. The elevation at which
water overflows the natural banks of a stream,
river or lake and begins to inundate the
upland. In the absence of physical evidence,
the two-year reoccurrence interval flood
elevation may be used to approximate bank -
full stage. (Ord. 86-056 § 2, 1986)
Basement. A story partly or wholly under-
ground. A basement shall be counted as a
story in building height measurement when
the floor level directly above is more than six
feet above the average level of the adjoining
grounds.
Bed or Banks of Stream or River. The
physical container of the waters of a stream
or river lying below bank -full stage, and the
land 10 feet on either side of the container.
(Ord. 86-056 § 2, 1986)
Boarding House. A building or portion
thereof, other than a motel, restaurant or
hotel, where meals or lodging or both are
provided for compensation for more than four
persons, other than a family.
Boat Dock or Pier, Community. A personal
use boating structure built over or floating
upon the water of a lake, river or stream
which serves more than one property owner
for the mooring of boats or as a landing place
for marine transport, and having a surface
area of 320 square feet or less. (Ord. 89-009
§ 2, 1989)
Boat Dock or Pier. Individual. A personal
use boating structure built over or floating
upon the water of a lake, river or stream
which serves one property owner for mooring
boats or as a landing place for marine trans-
port, and having a surface area of 160 square
feet or less. (Ord. 89-009 § 2, 1989)
Boat House. A covered or enclosed struc-
ture designed to provide moorage and/or
storage for recreational or commercial marine
transport and built over or floating upon a
lake, river or stream. (Ord. 89-009 § 2, 1989)
Boat Slip. An area of bank or shore where
soil or other material is excavated to a level
at or below the level of the waters of an
adjacent lake, river or stream, to allow the
mooring or landing of marine transport within
the excavated area. (Ord. 89-009 § 2, 1989)
Building. A structure built for the support,
shelter or enclosure of persons, animals,
chattels or property of any kind.
Camp, Tourist or Trailer Park. Any area or
tract of land used or designed to accommo-
date two or more trailers, or two or more
camping vehicles, tents or outfits, including
cabins, the primary purpose of which is to
rent space or keep space for rent to any
person for a charge or fee.
Camping Vehicles. A vacation trailer or a
self-propelled vehicle or structure equipped
with wheels for highway use intended for
human occupancy and being used for vacation
and recreational purposes, but not for resi-
dential purposes, and is equipped with plumb-
ing, sink or toilet.
Carrying Capacity. Level of use which can
be accommodated and continued without
irreversible impairment of natural resource
productivity, the ecosystem and the quality of
air, land and water resources.
Cluster Development. A planned develop-
ment, at least 5 acres in area, permitting the
clustering of single or multi -family residences
on one part of the property, with individual
lots not exceeding 2 acres in size. Individual
lots are contiguous to one another except for
occasional corridors to allow for human
passage, wildlife travel, or natural features
such as a stream or bluff. No commercial or
industrial uses permitted. (Ord. 84-015 § 1,
1984)
Commercial Amusement Establishment. A
facility supplying refreshments and various
forms of entertainment to the general public.
Commercial Residential Use. A building,
portion of a building or group of buildings
designed or used for human occupancy or
lodging for which a fee is charged, such as a
hotel, motel or tourist camp, but excluding
quarters intended for permanent occupancy
such as a duplex or apartment. A manufac-
tured home park is not included in this defini-
tion.
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Community Service Use. Any public or
semi-public uses, such as landfills schools,
utility facilities, churches, community build-
ings, cemeteries, mausoleums, crematories,
airports and private uses which attract signifi-
cant numbers of people, such as airports,
livestock sales yards and other similar uses.
(Ord. 85-016 § 1, 1985)
Community Water System. A domestic
water supply source or distribution system
which serves or is designed to serve more
than three individual residences or other uses
for the purpose of supplying water for house-
hold uses, having legal and financial capacity
for long-term operation and maintenance.
Does not include municipality water supply
systems.
Community Sewage System. A sewage
disposal system serving or designed to serve
more than ten individual residences or other
uses for the purpose of disposing of house-
hold liquid wastes, having legal and financial
capacity for long-term operation and mainte-
nance. Does not include municipal or public
utility sewage disposal system.
Conditional Use. A use that may be per-
mitted or denied at the discretion of the
hearings body based on findings of fact as
required by this ordinance and the County
Uniform Development Procedures Code.
(Ord. 86-032 § 1, 1986)
Conduit. Any tunnel, canal, pipeline, aque-
duct, flume, ditch or similar man-made struc-
ture which is or may be used to convey water.
(Ord. 86-018 § 1, 1986)
Conservation Easement. A non -possessory
interest in real property conveyed by the
property owner to the county, imposing limi-
tations or affirmative obligations concerning
the use of the property. The purposes of a
conservation easement include, but are not
limited to, retaining or protecting natural,
scenic or open space values, public access,
protecting natural resources, maintaining or
enhancing air and water quality and preserv-
ing the historical, archaeological or cultural
aspects of the property. (Ord. 86-054 § 1,
1986)
Contiguous Land. Parcels of land under the
same ownership which abut, irrespective of
roadways, stream or valley bottom.
Cross -Section. A profile of the ground
surface perpendicular to the center line of a
street, stream or valley bottom.
Dam. Any man-made structure which is or
may be used to impound water. (Ord. 86-018
§ 1, 1986)
Destination Resort. A largely self-con-
tained facility offering recreational opportuni-
ties for permanent residents and seasonal
visitors, catering primarily to members and
quests. Minimum area for a destination
resort is 160 acres.
PEQ. The Oregon Department of Environ-
mental Quality. (Ord. 90-014 § 2, 1990)
Diversion. Any man-made structure which
is or may be used to deflect or divert water
from a river or stream into a conduit. (Ord.
86-018 § 1, 1986)
DOGAMI. The Oregon Department of
Geology and Mineral Industries. (Ord. 90-
014 § 2, 1990)
Dwelling, Multi -Family. A building or
portion thereof designed for occupancy by
three or more families living independently of
each other.
Dwelling, Sin e -Family. A detached build-
ing containing one dwelling unit and designed
for occupancy by one family only, not includ-
ing manufactured homes, and such temporary
structures as tents, teepees, travel trailers and
other similar uses. (Ord. 91-005 § 1, 1991)
Dwelling, Seasonal. A dwelling unit, includ-
ing a manufactured home, travel trailer, or
camping vehicle, designed for and used as a
temporary dwelling by one family for recrea-
tional or seasonal purposes only.
Dwelling, Two -Family. A building contain-
ing two dwelling units and designed for occu-
pancy by two families.
Dwelling Unit. One or more rooms in a
building designed for occupancy by one family
and having not more than one cooking area
or kitchen.
Dude Ranch. A ranch operated wholly or
in part as a resort offering horse riding
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related activities as outdoor recreation oppor-
tunities, and offering only temporary rental
accommodations for vacation use by non-
residents.
Dust Sensitive Use. Real property normally
used as a residence, school, church, hospital
or similar use. Property used in industrial or
agricultural activities is not "dust -sensitive"
unless it meets the above criteria in more
than an incidental manner. (Ord. 90-014 § 2,
1990)
Easement. A grant of the right to use a
parcel of land or portion thereof for specific
purposes where ownership of the land or
portion thereof is not transferred.
Ensure. Guarantee; make sure or certain
something will happen.
ESEE. The letters stand for "economic,
social, environmental, and energy." ESEE
means the economic, social, environmental
and energy "consequences," as defined in the
Oregon Administrative Rules, Section 660-16-
005, that might result from prohibiting,
restricting, or fully allowing a "conflicting"
use. A conflicting use is one which could
negatively impact or be negatively impacted
by the Goal 5 resource. (Ord. 90-014 § 2,
1990)
Exempt Vegetation. A tree or other plant
that is shown by the sunchart accompanying a
solar access permit application to cast existing
shade on a protected area. (Ord. 83-037 § 2,
1983)
Existin . Existing at the time of application.
(Ord. 83-037 § 2, 1983)
Exploration (for Minerals). Exploration
means all activities conducted on or beneath
the surface of the earth for the purpose of
determining presence, location, extent, grade
or economic viability of a deposit. "Explora-
tion" does not include prospecting, chemical
processing of minerals or the off -premises
sale or use of any minerals. (Ord. 91-002 §
11, 1991)
Factory Built Dwellins. A dwelling unit
built substantially or entirely at a place other
than the residential site, meeting county and
state building code requirements and
including, but not limited to, prefabricated or
modular homes, but excluding manufactured
homes.
Family. An individual or two or more
persons related by blood, marriage, legal
adoption, or legal guardianship living together
as one housekeeping unit using a common
kitchen and providing meals or lodging to not
more than three additional unrelated persons,
excluding servants; or a group of not more
than five unrelated persons living together as
one housekeeping unit using a common
kitchen.
Farm Use. The current employment of land
for the primary purpose of obtaining profit in
money by raising, harvesting and selling crops
or by the feeding, breeding, management and
sale of, or the produce of, livestock, poultry,
fur -bearing animals or honeybees or for
dairying and the sale of dairy products or any
other agricultural or horticultural use of
animal husbandry or any combination thereof.
Farm use includes the preparation and stor-
age of the products raised on such land for
human and animal use and disposal by mar-
keting or otherwise. Farm use does not
include the use of land subject to the provi-
sions of ORS Chapter 321, except land used
exclusively for growing cultured Christmas
trees.
Feed Lot. A livestock feeding yard.
Fence. Sight -Obscuring. A continuous
fence, wall, evergreen planting or combination
thereof constructed and/or planted to effec-
tively screen a particular use from view.
Fill and Removal. The deposit or removal
by artificial means of material at a location
within the waters of any lake, river or stream,
or in wetlands or riparian areas. (Ord. 89-009
§ 2, 1989)
Fire Break. A break in the ground cover
fuels intended to prevent the spread of fire.
Fish Passage Device. Any man-made struc-
ture which is or may be used to enable fish to
pass over a dam to move upstream. (Ord. 86-
018 § 1, 1986)
Fish Protection Device. Any man-made
structure, such as a fish screen, which is or
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may be used to prevent fish from entering
into or passing through conduits, penstocks
and other water -conducting structures or
devices connected to a hydroelectric facility.
(Ord. 86-018 § 1, 1986)
Flood or Flooding. A general and tempo-
rary condition of partial or complete inunda-
tion of normally dry land areas from:
A. The overflow of inland or tidal
waters; and/or
B. The unusual and rapid accumulation
of runoff of surface waters from any source.
(Ord. 88-030 § 3, 1988)
Flood, Base. The flood having a one per-
cent chance of being equaled or exceeded in
any given year. Also referred to as the "100 -
year flood." Such areas are designated by the
letter A or V on the Flood Insurance Rate
Map (FIRM). (Ord. 88-030 § 3, 1988)
Flood Hazard Area. (Repealed by Ord. 88-
030 § 1, 1988)
Flood Hazard Boundary Mn. (Repealed
by Ord. 88-030 § 1, 1988)
Flood Insurance Rate Map. (FIRM). The
official map on which the United States
Federal Insurance Administration has
delineated both the areas of special flood
hazards and the risk premium zones applic-
able to the community. The FIRM is
adopted by reference in Ordinance No. 88-
031. (Ord. 88-030 § 3, 1988)
Flood Insurance Study. The official report
provided by the Federal Insurance Admini-
stration that includes flood profiles, the Flood
Boundary-Floodway Map, and the water
surface elevation of the base flood condition
of partial or complete inundation of normally
dry land areas. The Study is adopted by
reference in Ordinance No. 88-031. (Ord. 88-
030 § 3, 1988)
Flood Plain Development. Any man-made
change to improved or unimproved real
estate, including, but not limited to, buildings
or other structures, mining, dredging, filling,
grading, paving, excavation or drilling opera-
tions, located within the area of special flood
hazard. (Ord. 88-030 § 3, 1988)
Flood Plain Profile. (Repealed by Ord. 88-
030 § 1, 1988)
Floodway. The channel of a river or other
water course, and the adjacent land areas,
that must be reserved in order to discharge
the base flood without cumulatively increasing
the water surface elevation more than one
foot. (Ord. 88-030 § 3, 1988)
Forest Lands. Lands composed of existing
and potential forest lands which are suitable
for commercial forest uses; and forested lands
needed for watershed protection, wildlife and
fisheries habitat and recreation; lands where
extreme conditions of climate soil and topo-
graphy require the maintenance of vegetative
cover irrespective of use; and other forested
lands in urban and agricultural areas which
provide urban buffers, wind breaks, wildlife
and fisheries habitat, livestock habitat, scenic
corridors and recreational use.
Forest Uses. Forest uses include produc-
tion of trees and the processing of forest
products; open space; buffers from noise and
visual separation of conflicting uses; water-
shed protection and wildlife and fisheries
habitat; soil protection from wind and water;
maintenance of clean air and water; outdoor
recreational activity and related support
services and wilderness values compatible with
these uses; and grazing for livestock.
Frontage. All property adjoining one side
of a street and measured along the street line,
between intersecting and intercepting streets
or between a street and a right-of-way, water-
way, end of a dead-end or city boundary.
Geothermal Energy Facility, Small -Scale.
An electrical power generating plant with a
nominal electric generating capacity of less
than 25 MW; a pipeline that is less than 16
inches in diameter and less than 5 miles in
length used to carry geothermal resources;
and related or supporting equipment and
facilities. (Ord. 85-002 § 2, 1985)
Geothermal Resource, High -Temperature.
Any groundwater, steam, or other fluid 250
degrees F. or greater which is used for its
thermal characteristics. (Ord. 85-002 § 3,
1985)
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Geothermal Resource, Low -Temperature.
Any groundwater, steam, or other fluid less
than 250 degrees F. which is used for its
thermal characteristics. (Ord. 85-002 § 4,
1985)
Geothermal Well, High -Temperature. Any
excavation, as defined by ORS 522.005(10),
522.005(12) or 522.005(15), that is constructed
or used for the thermal properties of the
resource contained within, or which is con-
structed or used for returning such resource
to an underground reservoir. (Ord. 85-002 §
5, 1985)
Geothermal Well, Low -Temperature. Any
excavation, as defined by ORS 537.515(7),
that is constructed or used for the thermal
properties of the resource contained within,
or which is constructed or used for returning
such resource to an underground reservoir.
(Ord. 85-002 § 6, 1985)
Grade (Ground Level). The average eleva-
tion of the finished ground elevation at the
centers of all walls of a building walk. The
sidewalk elevation nearest the center of the
wall shall constitute the ground elevation.
Guest House. Living quarters within a
detached accessory building located on the
same lot as the main building for use by
temporary guests of the occupants of the
main premises, not rented or otherwise used
as a separate dwelling.
Habitable Floor. Any floor usable for living
purposes, including working, sleeping, eating,
cooking, or recreation or a combination
thereof. A floor used only for storage pur-
poses is not a habitable floor.
Highest Shade Producing Point. The high-
est shade producing point of the structure two
hours before and after the solar zenith on
December 21. (Ord. 83-037 § 2, 1983)
Height of Building. The vertical distance
from the grade to the highest point of the
coping of a flat roof, to the deck line of a
mansard roof, or to the center height between
the highest and lowest points on other types
of roof.
Historic Area or District. Lands with sites,
structures or objects of local, regional,
statewide or national historical significance as
indicated in the Comprehensive Plan
Resource Element.
Home Occupation. An occupation or pro-
fession carried on within a dwelling or a
residential accessory structure by a resident
of the dwelling. The occupation or profession
shall be secondary to the residential use.
[Any lawful occupation carried on by a resi-
dent of a dwelling as an accessory use within
the same dwelling, or in an accessory building
on the same or adjacent property, with
limited retail sales or sales accessory to a
service, and employing no full-time employees
except members of the immediate family, and
not affecting the external appearance of the
premises in a way inconsistent with its use as
a residence.]
Hog Farm. Any premises where 25 or more
hogs are maintained.
Hydroelectric Facility. All aspects of any
project or development necessary for or
related to the generation of hydroelectric
energy, including, but not limited to, conduits,
dams, diversions, fish ladders and screens,
generators, impoundments, penstocks, tur-
bines, transmission facilities and related
buildings, structures, storage areas, access
roads, parking areas and surrounding and
adjacent lands which are necessary for or
related to the facility. (Ord. 86-018 § 1, 1986)
Impoundment. Any man-made structure
which is or may be used to impound water.
(Ord. 86-018 § 1, 1986)
[Insure. Guarantee; make sure or certain
something will happen.]
Interest. Includes a lot or parcel, a share,
undivided interest or membership which
includes the right to occupy the land over-
night, and a lessee's interest in land for more
than three years or less than three years if the
interest may be renewed under the terms of
the lease for a total period of more than
three years. Interest does not include any
interest in a condominium as that term is
defined in ORS Chapter 91.505 or any secur-
ity interest under a land sales contract, trust
deed or mortgage. Interest does not include
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0106 1328
divisions deed or mortgage. Interest does not
include divisions of land created by lien
foreclosures or foreclosures of recorded
contracts for the sale of real property.
Junk Yard. Primary or accessory use of a
parcel of land for the storage, dismantling or
selling of cast-off or salvage material of any
sort in other than the original form in which
it was manufactured or assembled, not includ-
ing reconditioned secondhand furniture or
fixtures sold from within a walled building.
Kennel. A lot or building in which four or
more dogs, cats or other animals at least four
months of age are kept commercially for
board, breeding, training or sale.
Key Facilities. Basic services usually fur-
nished by local government but which also
may be provided by private enterprise, essen-
tial to the support of more intensive develop-
ment. Includes public schools, transportation,
water supply, fire protection, sewage and solid
waste disposal.
Land Development. The division of land
into parcels of lots for any purpose or the
creation of units or parcels for the purpose of
sale or lease for a term of one year or more.
Includes the intent for disposition of any land,
whether contiguous or not, including any land
divided, lots, parcels, units or interests offered
as a part of a common promotional plan of
advertising and disposition by a single devel-
oper or group of developers acting in concert.
If the land is contiguous or is known, desig-
nated or advertised as a common unit or by a
common name, the land shall be presumed,
without regard to the number of lots covered
by each individual offering to be offered for
disposition as part of a common promotional
plan.
Landing Strip. An area used for the landing
and taking off of aircraft for the personal use
of the property owner or his guests, or air-
craft employed in agricultural operations.
Landing Strip, Personal Use. See "Personal
Use Landing Strip."
Landscapine. Trees, grass, bushes, shrubs,
flowers, and garden areas, and incidental
arrangements of fountains, patios, decks,
street furniture and ornamental concrete or
stonework and artificial plants, bushes or
flowers.
Legislative. A planning or zoning action
resulting in a general rule or policy which is
applicable to an open class of individual or
situations.
Livestock. Domestic animals of types cus-
tomarily raised or kept on farms.
Livestock Feed Lot [Feeding Yard]. An
enclosure designed or used for the purpose of
the concentrated feeding or fattening live-
stock for commercial slaughter.
Livestock Sales Yard. An enclosure or
structure designed or used for holding live-
stock for purposes of sale or transfer by
auction, consignment, or other means.
Loading Space. An off-street space within
a building or on the same lot with a building,
having direct access to a street or alley, for
the temporary parking of a commercial vehi-
cle or truck while loading or unloading mer-
chandise or materials.
Lot. A unit of land created by a subdivision
of land.
A. Lot Area. The total horizontal area
contained within the lot lines. Said area shall
be computed as gross area for lots larger than
2.5 acres and net area for lots 2.5 acres and
smaller. The total horizontal net area within
lot lines of a lot is that square footage of a lot
that is free from roads, streets, rights-of-way
or easements of access to other property.
Provided, however, that the Planning Director
or Hearings Body shall include in gross lot
areas all streets, roads, and easement of
access to other property that would accrue to
that lot if the road, street or easement were
vacated, and shall treat the gross area of lots
that have never been previously described of
record as other than fractions of a section as
if the section contained 640 acres, in cases
where a lot is sought to be partitioned.
B. Lot, Corner. A lot adjoining two or
more streets, other than alleys, at their inter-
section provided the angle of intersection of
the adjoining streets does not exceed 135
degrees.
0106 1329
C. Lot Depth. The average horizontal
distance between the front and rear lot lines.
D. Lot Line. The property lines bound-
ing a lot.
E. Lot Line, Front. The lot line separat-
ing a lot from a street other than an alley. In
the case of a corner lot, the longest lot line
along a street other than an alley.
F. Lot Line, Rear. The lot line opposite
and most distant from the front lot line. In
the case of an irregular, triangular, or other
odd -shaped lot, a line 10 feet in length within
the lot, parallel to and at a maximum distance
from the front lot line.
G. Lot Line, Side. Any lot line other
than a front or rear lot line bounding a lot.
H. Lot, Through or Double Frontage. A
lot having frontage on two parallel or approxi-
mately parallel streets other than alleys.
I. Lot Width. The average horizontal
distance between the side lot lines, ordinarily
measured parallel to the front lot line.
[measured at right angles to the lot depth at
a point midway between the front and rear lot
lines.]
J. Lot of Record.
a. A lot or parcel at least 5,000 square
feet in area and at least 50 feet wide, which
conformed to all zoning and subdivision or
partition requirements, if any, in effect on the
date the lot or parcel was created, and which
was created by any of the following means:
1. By partitioning land as defined in
ORS 92.010(8);
2. By a subdivision plat, as defined in
ORS 92.010(9), filed with the Deschutes
County Surveyor and recorded with the
Deschutes County Clerk;
3. By deed or contract, dated and signed
by the parties to the transaction, containing a
separate legal description of the lot or parcel,
and recorded in Deschutes County if record-
ing of the instrument was required on the
date of the conveyance. If such instrument
contains more than one legal description, only
one lot of record shall be recognized unless
the legal descriptions describe lots in
accordance with a recorded subdivision or
town plat;
4. By a town plat filed with the
Deschutes County Clerk and recorded in the
Deschutes County Record of Plats; or
5. By the subdividing or partitioning of
adjacent or surrounding land, leaving a
remainder lot or parcel.
b. The following shall not be deemed to
be a lot of record:
1. A lot or parcel created solely by a tax
lot segregation because of an assessor's roll
change or for the convenience of the assessor.
2. A lot or parcel created by an inter-
vening section or township line or right-of-
way.
3. A lot or parcel created by an unre-
corded subdivision, unless the lot or parcel
was conveyed in accordance with paragraph
(a)(3) of this section.
4. A parcel created by the foreclosure of
a security interest. (Ord. 88-009 § 1, 1988;
Ord. 87-015 § 1, 1987)
Lowest Floor. The lowest floor of the
lowest enclosed area of a structure, including
the basement. An unfinished or flood resis-
tant enclosure, usable solely for parking of
vehicles, building access or storage, in an area
other than a basement area, is not considered
a building's lowest floor, provided that such
enclosure is not built so as to render the
structure in violation of the applicable non -
elevation design requirements of Section
18.96.060. (Ord. 88-030 § 3, 1988)
Manufactured Home. A structure con-
structed for movement on the public highways
that has sleeping, cooking and plumbing
facilities, that is intended for human occu-
pancy, and that is being used for residential
purposes. It does not include any building or
structure subject to the structural specialty
code adopted pursuant to ORS 455.100 to
455.450 or any unit identified as a recrea-
tional vehicle by the manufacturer. (Ord. 91-
005 § 1, 1991; Ord. 89-004 § 1, 1989)
Manufactured Home Park. Any place
where two or more manufactured homes are
parked within 500 feet of one another on a
0
0106 1330
lot, tract or parcel of land under the same
ownership, the primary purpose of which is to
rent space or keep space for rent to any
person for a charge or fee paid or to be paid
for the rental or use of facilities or to offer
space free in connection with securing the
trade or patronage of such person. (Ord. 89-
004 § 1, 1989)
Manufactured Home Subdivision. A subdi-
vision intended to be occupied primarily or
exclusively by manufactured homes. (Ord. 89-
004 § 1, 1989)
Marina. A structure or structures built over
or floating upon the waters of a lake, river,
stream or man-made waterway that provides
moorage, launching, storage, supplies and
services for recreational and/or commercial
marine transport. (Ord. 89-009 § 2, 1989)
Mineral. Includes, but is not limited to,
soil, select fill, coal, clay, stone, sand, gravel,
aggregate, pumice, cinders, metallic ore, and
any other inorganic solid excavated from a
natural deposit in the earth for commercial,
industrial or constructional use. (Ord. 90-014
§ 2, 1990)
Mitigation. The minimizing or offsetting of
impacts by the provision of on- or off-site
improvement or compensation which benefits
impacted property owners, resources and the
public interest. Mitigation measures include,
but are not limited to, the provision of addi-
tional fish and wildlife habitat, conservation
easements, on- and off-site screening and
buffering, compensation for the maintenance
of existing off-site screening, fees in lieu of
improvements, and similar arrangements
which are agreed to in writing by the affected
parties, and which relate to and are
necessitated by a surface mining development
or operation. (Ord. 90-014 § 2, 1990)
Mobile Home. (Deleted by Ord. 91-005 §
2, 1991; Ord. 89-004 § 1, 1989)
Mobile Home Park. (Deleted by Ord. 91-
005 § 2, 1991; Ord. 89-004 § 1, 1989)
Mobile Home Subdivision. (Deleted by
Ord. 91-005 § 2, 1991)
Modular Homes. See "Factory Built
Dwelling." [See Prefabricated House.]
Municipal Water Supply System. A domes-
tic water supply source and distribution sys-
tem owned and operated by a city, county,
special district or other public corporation
which has independent tax -levying powers to
support the system and which supplies water
to a total of 1,000 or more households.
Natural Area. As indicated in the Compre-
hensive Plan Resource Element, land and
water that has substantially retained its natu-
ral character or land and water that, although
altered in character is important as habitats
for plant, animal or marine life, for the study
of its natural, historical, scientific or paleono-
logical features or for the enjoyment of its
natural features.
Natural Hazard Area. An area subject to
natural events known to result in death or
endangerment of the works of man, such as
stream flooding, ground water, flash flooding,
erosion or fluvial deposits, landslides, earth-
quakes, weak foundation soils and other
hazards unique to a local or regional area.
Natural Resources. Air, land, water and the
elements thereof valued for their existing and
potential usefulness to man.
New Construction. Any structure for which
the start of construction commenced on or
after the effective date of this ordinance. For
purposes of the Flood Plain Zone (FP), "new
construction" means any structure for which
the start of construction commenced on or
after the date of adoption of the amendments
to the Flood Plain Zone in Ordinance No. 88-
030. (Ord. 88-030 § 3, 1988)
Noise Sensitive Use. Real property normal-
ly used for sleeping or normally used as
schools, churches, hospitals or public libraries.
Property used in industrial or agricultural
activities is not "noise -sensitive" unless it
meets the above criteria in more than an
incidental manner. (Ord. 90-014 § 2, 1990)
Nonconforming Lot or Parcel. A lot or
parcel which is smaller in area than the mini-
mum lot or parcel size in the zone. (Ord. 87-
015 § 1, 1987)
Nonconforming Structure or Use. A lawful
existing structure or use at the time this
10
0105 1331
ordinance or any amendment thereof
becomes effective which does not conform to
the requirements of the zone in which it is
located.
North[ern] Lot Line. For the purposes of
Section 18.116.180, Building Setbacks for the
Protection of Solar Access, the north lot line
shall be the northerly edge of the lot on
which an applicant's structure is located,
unless directly north of the lot is an unbuild-
able area, in which case north lot line means
the northerly edge of the buildable area.
(Ord. 83-037 § 2, 1983)
Nursery, Dai. A facility providing day care
to three or more children, aged 14 years or
under, but not including any: (a) facility
providing care that is primarily educational
unless provided to a preschool child for more
than four hours a day; (b) facility providing
care that is primarily supervised training in a
specific subject, including but not limited to
dancing, drama, music or religion; (c) facility
providing care that is primarily an incident of
group athletic or social activities sponsored by
or under the supervision of an organized club
or hobby group; (d) facility operated by a
school district or governmental agency; (e)
residential facility licensed under ORS
443.400 to 443.445 and 443.991(2).
Nursing. Any home, institution or
other structure maintained or operated for
the nursing or care of four or more ill, aged
or infirm adults not requiring hospital care or
hospital facilities.
Open Space. Lands used for agricultural or
forest uses, and any land area that would, if
preserved and continued in its present use,
conserve and enhance natural or scenic
resources; protect air, streams or water
supply; promote conservation of soils, wet-
lands, beaches or marshes; conserve land-
scaped areas such as public or private golf
courses, that reduce pollution and enhance
the value of adjoining or neighboring prop-
erty; enhance the value to the public of
adjoining or neighboring parks, forests, wild-
life preserves, nature reservations or other
open space; enhance recreation opportunities;
preserve historic, geological and archeological
sites; promote orderly urban development;
and minimize conflicts between farm and non-
farm uses.
Ordinar�Hi Water (OHM). The highest
line on the bank or shore of a lake, river or
stream to which the water ordinarily rises
annually in season. (Ord. 89-009 § 2, 1989)
Ordinary Low Water (OLM). The lowest
line on the bank or shore of a lake, river or
stream to which the water ordinarily recedes
annually in season. (Ord. 89-009 § 2, 1989)
Overburden. Earth or rock that lies above
a natural deposit of a mineral. (Ord. 90-014
§ 2, 1990)
Owner. The owner of the title to real
property or the authorized agent thereof or
the contract purchaser of real property of
record as shown on the last available com-
plete tax assessment roll or County
Recorder's records.
Parcel. A unit of land created by a parti-
tioning of land.
Parking Space. A clear, off-street area for
temporary parking or storage of one automo-
bile, having an all-weather surface of a width
not less than eight and one-half feet, a length
of not less than 22 feet and not less than
eight and one-half feet in height when within
a building or structure. Such parking space
shall not be less than 190 square feet in area
and shall have easy access to a street or alley
by a driveway having an all-weather surface,
except as approved in accordance with Sec-
tion 18.116.030.
Partition. An act of partitioning land or an
area or tract of land partitioned as defined in
Section 18.04.030, "Partition Land," below.
Partition Land. To divide an area or tract
of land into two or three parcels within a
calendar year when such area or tract of land
exists as a unit or contiguous units of land
under single ownership at the beginning of
such year. Partition land does not include
divisions of land resulting from lien foreclo-
sures, or recorded contracts for the sale of
real property and divisions of land resulting
from the creation of cemetery lots. Partition
11
0106 1332
land does not include the sale of a lot in a
recorded subdivision, even though the lot may
have been acquired prior to the sale with
other contiguous lots or property by a single
owner.
Penstock. Any conduit or other structure
which is or may be used to convey water to
the driving mechanism of the generator.
(Ord. 86-018 § 1, 1986)
Person. A natural person, firm, partnership,
association, social or fraternal organization,
corporation, trust, estate, receiver, syndicate,
branch of government, or any group or com-
bination acting as a unit.
Personal Use Landing Strips for Airplanes
and Helicopter Pad. An airstrip restricted,
except for aircraft emergencies, to use by the
owner and, on an infrequent and occasional
basis, by invited guests and by commercial
aviation activities in connection with permit-
ted uses of the land. No aircraft may be
based on a personal -use landing strip other
than those owned or controlled by the owner
of the airstrip. Exception to the activities
permitted under this definition may be
granted through waiver action by the Aero-
nautics Division in specific instances. A
personal use airport lawfully existing as of
September 1, 1975, shall continue to be per-
mitted subject to any applicable regulations
of the Aeronautics Division.
Petroleum Distribution Facility. A facility
for the storage of fuels or other volatile
products and for their distribution to retail
sales facilities or other bulk purchasers,
regardless of ownership.
Planned Community. A self-contained
complex of residential, commercial and indus-
trial uses in the form of a planned develop-
ment in conjunction with an interrelated
system for transportation, utilities, recrea-
tional areas and other public facilities,
constituting a separate community within the
county and at least 160 acres in size.
Planned Development. The development of
an area of land at least 40 acres in size for a
number of dwelling units, commercial or
industrial uses, according to a plan which
does not necessarily correspond in lot size,
bulk or type of dwelling, density, lot coverage,
or required open space to the standard regu-
lations otherwise required by this ordinance,
and usually featuring a clustering of residen-
tial units.
Plant Nursery. A place where young trees
or other plants are raised for experimental
purposes or for transplanting for sale.
Plat. A final map, diagram, drawing, replat
or other writing containing all the descrip-
tions, locations, specifications, dedications,
provisions and information concerning a
subdivision.
Potential Structure. For purpose of solar
access protection on a potential structure is
any structure or building that could be built
as a permitted use in a particular location
under existing development standards under
the existing Deschutes County Comprehensive
Plan. (Ord. 83-037 § 2, 1983)
Pre-existing Nonconforming Lot or Parcel.
A nonconforming lot or parcel which is a lot
of record. (Ord. 87-015 § 1, 1987)
Prefabricated House. See "Factory Built
Dwelling." (Repealed by Ord. 89-004 § 1,
1989)
Primary or Principal Use. The first use to
which property is or may be devoted, and to
which all other uses on the premises are
accessory or secondary uses. As used relative
to dwelling units, the primary dwelling would
be the first dwelling unit to be located on a
specific parcel or lot.
Productive Solar Collector. A solar collec-
tor that provides no less than a) 10 percent of
a building's annual total energy requirement;
or b) 50 percent of a building's annual water
heating requirements. (Ord. 83-037 § 2,1983)
Protect. Save or shield from loss, destruc-
tion, injury or for future intended use.
Protected Area. The specific area which is
provided solar access for specific hours and
dates under this ordinance. (Ord. 83-037 § 2,
1983)
Provide. Prepare, plan for, and supply what
is needed.
12
0106 1333
Public Use. A use owned or operated by a
public agency for the benefit of the public
generally. This does not include landfill sites,
garbage dumps or utility facilities.
Public Utility Water System. A domestic
water supply source and distribution system
supplying water for household uses owned
and operated by a person subject to regula-
tion by the Public Utility Commission of
Oregon and supplying water to a total of 500
or more households.
Public Water System. A system for the
provision to the public of piped water for
human consumption, if such system has at
least 15 service connections or regularly
serves at least 25 individuals.
Quasi -Judicial. A land use action entailing
application of a general rule or policy to
specific individuals or situations.
Ramada. A stationary' structure having a
roof extending over a manufactured home or
trailer, which may also extend over a patio or
parking space for motor vehicles, and is used
primarily for protection from sun and rain.
(Ord. 89-004 § 1, 1989)
Ranch Hand Residence. A building, struc-
ture or manufactured home used for residen-
tial purpose for an agricultural employee and
his family.
Reclamation. The employment in a surface
mining operation of procedures designed to
minimize, as much as practical, the disruption
of the surface mining operation and to pro-
vide for rehabilitation of any such surface
resources adversely affected by such mining
operations through the rehabilitation of plant
cover, soil stability, water resource and other
measures appropriate to the subsequent
beneficial use of mined and reclaimed lands.
(Ord. 90-014 § 2, 1990)
Recreation Camps or Resorts. An area
devoted to facilities and equipment for recre-
ational purposes, including swimming pools,
tennis courts, playgrounds, and other similar
uses, whether the use of such area is limited
to private membership or open to the public
upon payment of a fee.
Recreation Parks. An area designated by
the landowner for picnicking or overnight
camping and offered to the general public
whether or not a fee or charge is made for
such accommodations.
Recreational Vehicle. A vacation trailer or
other unit with or without motive power
which is designed for human occupancy and
to be used temporarily for recreational or
emergency purposes, having a floor space of
less than 220 square feet, excluding built-in
equipment such as wardrobes, closets, cabi-
nets, kitchen units or fixtures and bath or
toilet rooms.
Residential. Any dwelling unit or group of
units built or used for human occupancy.
Ri t -of -way. The area between the
boundary lines of a street, road or other
public easement.
Rimrock. Any ledge, outcropping or top or
overlying stratum of rock, which forms a face
in excess of 45 degrees, and which creates or
is within the canyon of the following rivers
and streams: 1) Deschutes River; 2) Crooked
River; 3) Fall River; 4) Little Deschutes
River; 5) Spring River; 6) Paulina Creek; 7)
Squaw Creek; and 8) Tumalo Creek. For the
purpose of this ordinance, the edge of the
rimrock is the uppermost rock ledge or out-
crop of rimrock. (Ord. 86-053 § 1, 1986; Ord.
82-013 § 1, 1982)
Road or Street. A public or private way
created to provide ingress or egress to one or
more lots, parcels, areas or tracts of land,
excluding a private way created to provide
ingress or egress to such land in conjunction
with the use of such land for forestry, mining
or agricultural purposes.
A. Alley. A narrow street through a
block primarily for vehicular service access to
the back or side of properties adjoining
another street.
B. Arterial. A restricted access street of
substantial continuity which is primarily a
traffic artery for inter -communication among
large areas, and so designated by the county.
C. Bicycle Route. A right-of-way for
bicycle traffic.
13
0106 1334
D. Collector. A street supplementary to
the arterial street system used or intended to
be used principally for the movement of
traffic between arterials and local streets and
roads within the county.
E. Cul-de-sac. [(Dead End Street)] A
short street having one end open to traffic
and terminated by a vehicle turnaround.
F. Half Street. A portion of the width
of a street sufficient for safe service
temporarily (as approved by the County
Engineer) when the remaining portion of the
street is likely to be provided in another
subdivision.
G. Marginal Access Street. A minor
street parallel and adjacent to a major arterial
providing access to adjoining properties, but
protected from through traffic.
H. Local Street. A street intended
primarily for access to adjoining properties.
I. Stubbed Streets. A street having only
one outlet for vehicular traffic and which is
intended to be extended or continued to serve
future subdivisions or developments on adja-
cent lands.
Roadway. That portion of a street or road
right-of-way developed for vehicular traffic.
Scenic Area. Land and other natural fea-
tures valued for their aesthetic qualities.
Semi -Public Use. A structure or use
intended or used for both private and public
purposes by a church, lodge, club or any other
non-profit organization.
Setback. An open space on a lot which is
unobstructed from the ground upward except
as otherwise provided in this ordinance.
Setback, Front. A setback between side lot
lines, measured horizontally at right angles to
the front lot line from the front lot line to the
nearest point of a building.
Setback, Rear. A setback between side lot
lines, measured horizontally at right angles to
the rear lot line from the rear lot line to the
nearest point of a building.
Setback, Side. A setback between the front
and rear yard measured horizontally at right
angles from the side lot line to the nearest
point of a building.
Setback, Street Side. A setback adjacent to
a street between the front setback and rear
lot line measured horizontally and at right
angles from the side lot line to the nearest
point of a building.
Shade. A shadow, except a shadow caused
by a narrow object, including, but not limited
to, a utility pole, an antenna, a wire or a
flagpole. (Ord. 83-037 § 2, 1983)
Shopping Complex. A group of commercial
establishments planned, constructed and
managed as a total entity with customer and
employee parking on site and aesthetic con-
siderations which integrate it with the sur-
rounding area. (Ord. 84-023 § 1, 1984)
Simon. An identification, description, illustra-
tion, or device which is affixed to or repre-
sented, directly or indirectly upon a building,
structure, or land, and which directs attention
to a product, place, activity, person, institu-
tion or business.
Sign, Advertising. A sign which directs
attention to a business, product, activity, or
service not necessarily conducted, sold or
offered upon the premises where such a sign
is located.
Solar Access. Protection from shade for a
specific area during specific hours and dates,
but not including protection from shade cast
by exempt vegetation. (Ord. 83-037 § 2,
1983)
Solar Access Permit. The instrument issued
by the county which limits the size of non-
exempt vegetation on certain lots in the
vicinity of a recorded solar collector. (Ord.
83-037 § 2, 1983)
Solar Collector. Any object that uses solar
radiation for a useful purpose, including, but
not limited to, windows, walls, roofs and
collectors. (Ord. 83-037 § 2, 1983)
Solar HeatingHam. The hours and dates
during which solar access is provided. (Ord.
83-037 § 2, 1983)
Solar Height Restriction. The allowable
height of buildings, structures and non-exempt
vegetation on a property burdened by the
solar access of another property. (Ord. 83-
037 § 2, 1983)
14
0106 1335
Stable, Private. A detached accessory
building for the keeping of horses owned by
the occupants of the premises and which are
not kept for remuneration or profit.
Stable. Public. A stable other than a private
stable.
Start of Construction. The first act of
permanent construction of a structure, other
than a manufactured home, on a site, such as
the pouring of slabs or footings or any work
beyond the preparation, such as clearing,
grading and filling. Does not include the
installation of streets or walkways, excavation
for a basement, footings, piers or foundations,
the erection of temporary forms or the instal-
lation on the property of accessory buildings,
such as garages or sheds not occupied as
dwelling units or as part of the main struc-
ture. For a structure other than a manufac-
tured home without a basement or poured
footings, the start of construction includes the
first permanent framing or assembly of the
structure, or any part thereof, on its piling or
foundations. For manufactured homes not
within a manufactured home park or manu-
factured home subdivision, start of construc-
tion means the affixing of the mobile home to
its permanent site. For manufactured homes
within manufactured home parks or manufac-
tured home subdivisions, start of construction
is the date on which construction of facilities
for servicing the site on which the manufac-
tured home is to be affixed (including, at a
minimum, the construction of streets, either
final site grading or pouring of concrete pads,
and installation of utilities) is begun.
Sto . That portion of a building included
between the upper surface of any floor and
the upper surface of the floor next above it,
except the top story shall be that portion of a
building included between the upper surface
of the top -most floor and the ceiling or roof
above.
Story, Half. A story under a gable, hip or
gambrel roof, the wall plates of which, on at
least two opposite exterior walls, are not more
than two feet above the floor of such story.
Stream, Perennial. Includes the following
rivers and streams in Deschutes County:
Alder Creek; Bottle Creek; Bridge Creek;
Brush Draw; Bull Creek; Cache Creek;
Charlton Creek; Cultus Creek; Cultus River;
Deer Creek; Deschutes River; Dry Creek;
Fall Creek; First Creek; Full Creek; Goose
Creek; Indian Ford Creek; Jack Creek;
Kaleetan Creek; Lake Creek -Middle Fork;
Little Deschutes River; Metolius Creek; Park
Creek -East Fork; Park Creek -West Fork;
Paulina Creek; Pole Creek; Rock Creek;
Snow Creek; Soap Creek; Soda Crater Creek;
Spring Creek; Squaw Creek; Squaw Creek -
North Fork; Three Creek; Todd Lake Creek;
Trout Creek; Tumalo Creek; Tumalo Creek -
North Fork; Tumalo Creek -Middle Fork; and
Tumalo Creek -South Fork. (Ord. 90-014 § 2,
1990)
Street. The entire width between the right-
of-way lines of every public way for vehicular
and pedestrian traffic. Includes the terms
"road," "highway," "land," "place," "avenue,"
"alley" or other similar designation.
Structural Alteration. Any change to the
supporting members of a structure including
foundations, bearing walls or partitions,
columns, beams, girders, any structural change
in the roof or in the exterior walls, or any
alteration requiring a building permit.
Structure. Something constructed or built
having a fixed base on, or fixed connection to,
the ground or another structure.
Subdivision and Subdivided Lands.
Improved or unimproved area or tract of land
divided into four or more lots within a calen-
dar year when such area or tract of land exists
as a unit or contiguous units of land under a
single ownership at the beginning of such
year. This section does not apply to divisions
of land resulting from lien foreclosures or
foreclosures of recorded contracts for the sale
of real property.
Substantial Improvement. Any repair,
reconstruction or improvement of a structure,
the cost of which equals or exceeds 50
percent of the true cash [market] value of the
structure either:
15
166 1336
A. before the improvement or repair is
started; or
B. if the structure has been damaged
and is being restored, before the damage
occurred.
For the purposes of this definition, "substan-
tial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor
or other structural part of the building com-
mences, whether or not that alteration affects
the external dimensions of the structure. The
term does not, however, include either:
C. any project for improvement of a
structure to comply with existing state or local
health, sanitary or safety code specifications
which are solely necessary to assure safe living
conditions; or
D. any alteration of a structure listed on
the National Register of Historic Places or a
State Inventory of Historic Places. (Ord. 88-
030 § 3, 1988)
Substantially Shaded. Less than 80 percent
of the available solar insolation is available
during winter solar heating hours to either the
south roof and/or wall of an existing or poten-
tial structure. (Ord. 83-037 § 2, 1983)
Sunchart. A photograph or photographs,
taken in accordance with the guidelines of the
Planning Director or Hearings Body, which
plots the position of the sun during each hour
of the day and each month of the year rela-
tive to a protected area. The sunchart shall
contain, at a minimum:
A. Solar altitude in 10 -degree incre-
ments;
B. Solar azimuth measured from true
south in 15 -degree increments;
C. If the solar collector is more than 20
feet wide, the southern skyline as seen from
the two end points and from the center point
of the lower edge of the protected area; and
D. A clear delineation of the existing
objects which cast shadows on the protected
area, including hills, structures, and deciduous
and evergreen vegetation. (Ord. 83-037 § 2,
1983)
Surface Mining.
A. Includes:
a. all or any part of the process of
mining by removal of the overburden and
extraction of natural mineral deposits thereby
exposed by any method including, open pit
mining operations, auger mining operations,
processing, surface impacts of underground
mining, production of surface mining refuse
and the construction of adjacent or off-site
borrow pits, except those constructed for
access roads;
b. mining which involves more than
1,000 cubic yards of material or excavation
prior to mining of a surface area of more
than one acre.
B. Does not include:
a. the construction of adjacent or off-
site borrow pits which are used for access
roads to the surface mine.
b. excavations of sand, gravel, clay, rock
or other similar materials conducted by a
landowner or tenant on the landowner's
property for the primary purpose of construc-
tion, reconstruction or maintenance of access
roads and excavation or grading operations
conducted in the process of farming or ceme-
tery operations, on-site road construction and
other on-site construction, or non -surface
impacts of underground mines;
C. batching and blending of mineral and
aggregate into asphaltic concrete or portland
cement concrete. (Ord. 90-014 § 3, 1990)
Surface Mining, Minerals. Includes, but is
not limited to, soil, select fill, coal, clay, stone,
sand, gravel, aggregate, pumice, cinders,
metallic ore, and any other inorganic solid
excavated from a natural deposit in the earth
for commercial, industrial or construction use.
(Ord. 90-014 § 2, 1990)
Surface Mining. Operator. Any person or
entity engaged in surface mining. (Ord. 90-
014 § 2, 1990)
Surface Mining, Processing. Processing
includes crushing, washing, milling and
screening as well as batching and blending of
mineral aggregate into asphaltic concrete and
16
0106 133'7
portland cement concrete. (NOTE: Process-
ing of mineral and aggregate material into
secondary products, such as building mate-
rials, is allowed in industrial zones and may
be sited as part of a limited use combining
zone in conformance with all plan amendment
and zone change requirements of the county
comprehensive plan and zoning ordinance.)
(Ord. 90-014 § 2, 1990)
Time -Share Unit.
A. A dwelling unit, lot or parcel divided
into periods of time under any arrangement,
plan, scheme or device; whether by
membership, agreement, share, tenancy in
common, sale, lease, deed, rental agreement,
license, right -to -use agreement or otherwise;
where a purchaser, in exchange for consider-
ation, receives a right to use the dwelling unit,
lot or parcel for a period of time less than a
full year during any given year, but not neces-
sarily for consecutive years, which extends for
a period of more than three years; or
B. A dwelling unit, lot or parcel created
into interests sold under an agreement to be
subsequently divided or created into interests
for the purpose of sale or lease or other
similar arrangement as set out in paragraph
(A), above, whether immediate or future, into
eleven or more undivided interests or eleven
or more other interests, or any other similar
arrangement of interests in the dwelling unit,
lot or parcel. (Ord. 83-033 § 1, 1983)
Trailer. Any portable unit designed and
built to be towed on its own chassis, com-
prised of frame and wheels and which does
not fall within the definitions of vacation
trailer, manufactured home or prefabricated
house. Includes boat trailers, bunk trailers,
portable schoolrooms, and industrial, com-
mercial or public offices and accessory uses.
Trailer Park. An area of land upon which
two or more travel trailers occupied for dwell-
ing or sleeping purposes are located, the
primary purpose of which is to rent space or
keep space for rent.
Trailer, Travel. See Vacation Trailer.
Trailer, Vacation. A portable unit designed
and built to be towed on its own chassis,
comprised of frame and wheels, having sleep-
ing, cooking and plumbing facilities indepen-
dent of external utility connections, and
intended for use principally as a temporary
recreational or vacation residence.
Transmission Facility. The conductors,
lines, poles, towers, structures, corridors and
construction staging and assembly areas
necessary for or associated with the trans-
mission of electricity from a hydroelectric
facility for distribution. (Ord. 86-018 § 1,
1986)
Traveler's Accommodations. Any establish-
ment having rooms or apartments rented or
kept for rent on a daily or weekly basis to
travelers or transients for a charge or fee paid
or to be paid for rental or use of facilities.
[Tree. Any standing object of wood
growth.]
Unbuildable Area. An area in which a
structure could not be built as a permitted use
under existing development standards for the
area under the existing Deschutes County
Comprehensive Plan. (Ord. 83-037 § 2, 1983)
Use. The purpose for which land or a
structure is designed, arranged or intended, or
for which it is occupied or maintained.
Utility FacilitX. Any major structures,
excluding hydroelectric facilities, owned or
operated by a public, private or cooperative
electric, fuel, communications, sewage or
water company for the generation, transmis-
sion, distribution or processing of its products
or for the disposal of cooling water, waste or
by-products, and including power transmission
lines, major trunk pipelines, power substa-
tions, water towers, sewage lagoons, sanitary
landfills and similar facilities, but excluding
local sewer, water, gas, telephone and power
distribution lines, and similar minor facilities
allowed in any zone. (Ord. 86-018 § 2, 1986)
Variance. An authorization for the con-
struction or maintenance of a building or
structure, or for the establishment or mainte-
nance of a use of land, which is prohibited by
a zoning Ordinance.
A. Area Variance. A variance which
does not concern a prohibited use. Usually
17
0106** 1338
granted to construct, alter or use a structure
for a permitted use in a manner other than
that prescribed by the zoning ordinance.
B. Use Variance. A variance which
permits a use of land other than that pre-
scribed by the zoning or other applicable
ordinances.
Vision Clearance Area. A triangular area
on a lot at the intersection of two streets or a
street and a railroad, two sides of which are
lot lines measured from the corner intersec-
tion of the lot lines to a distance specified in
these regulations. The third side of the
triangle is a line across the corner of the lot
joining the ends of the other two sides.
Where the lot lines at intersections have
rounded corners, the lot lines will be extended
in a straight line to a point of intersection.
The vision clearance area contains no plant-
ing, walls, structures, or temporary or per-
manent obstructions exceeding two and one-
half feet in height measured from the grade
of the street centerline.
Walkway. A structure built over or floating
upon the waters of a lake, river or stream that
provides access to a boat dock or pier. (Ord.
89-009 § 2, 1989)
Wetland. Those areas that are inundated or
saturated by surface or ground water at a
frequency or duration sufficient to support,
and that under normal circumstances do
support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
Wetlands include swamps, marshes, bogs and
other similar areas. (Ord. 86-056 § 2, 1986)
Winter Solar Heating Hours. The time
period extending two hours before and after
the solar zenith on December 21. (Ord. 83-
037 § 2, 1983)
Yard. An open space on a lot which is
unobstructed from the ground upward except
as otherwise provided in this ordinance.
Yard. Front. A yard between side lot lines
measured horizontally at right angles to the
front lot line from the front lot line to the
nearest point of a building. Any yard meeting
this definition and adjoining on a street other
than an alley shall be considered a front yard.
Yard, Rear. A yard between side lot lines
measured horizontally at right angles from the
side lot line to the nearest point of a building.
Yard, Side. A yard between the front and
rear yard measured horizontally at right
angles from the side lot lines to the nearest
point of a building.
Yard, Street Side. A yard adjacent to a
street between the front yard and rear lot line
measured horizontally and at right angles
from the side lot line to the nearest point of
a building.
M
0106 1339
Chapter 18.08
BASIC PROVISIONS
Sections:
18.08.010 Compliance
18.08.020 Existing Agreements and
Zoning Permits
18.08.030 Terminology and Construction
18.08.010 Compliance.
1. A lot may be used and a structure or
part of a structure may be constructed, recon-
structed, altered, occupied or used only as this
ordinance permits. No new structure shall be
constructed on any lot of less area than the
minimum for the zone in which it is located,
excepted as provided by this ordinance and
ORS 215.203 et. seq.
2. No dimensional requirement of this
ordinance shall be violated after its terms
become effective unless specifically provided
for herein.
3. Except as specifically provided by this
ordinance, no lot area, yard or other open
space which is required by this ordinance for
one use shall be used as the required lot area,
yard or open space for another use. (Ord. 84-
023 § 2, 1984)
18.08.020 Existing Agreements and
Zoning Permits.
This ordinance does not repeal, abrogate or
impair any existing easements, covenants,
deed restrictions or zoning permits such as
preliminary plat and partition approvals,
conditional use permits, nonconforming use
permits, temporary use permits, special excep-
tions, or building permits.
18.08.030 Terminology and Construction.
1. Terminology. The word "County"
shall mean the County of Deschutes, Oregon.
The word 'Board" shall mean the Board of
County Commissioners of the County of
Deschutes. The words "Planning Commis-
sion" and "Commission" shall mean the
County Planning Commission of the County
19
0106 1340
of Deschutes duly appointed by the Board of
County Commissioners. The words "Planning
Director," "County Engineer," "County Clerk,"
"County Sanitarian," "County Surveyor,"
"Hearings Body [Officer]," "Tax Collector" and
"Assessor" shall mean the Planning Director,
County Engineer, County Clerk, County
Sanitarian, County Surveyor, Hearings Body
[Officer], Tax Collector and Assessor of the
County of Deschutes.
2. Construction. Words used in the
present tense include the future tense; words
used in the singular include the plural and
words used in the plural include the singular;
the word "shall" is mandatory; the word "may"
is permissive; the masculine shall include the
feminine and neuter.
Chapter 18.12
ESTABLISHMENT OF ZONES
Sections:
For the purpose of this
18.12.010
Establishment of Zones
18.12.020
Location of Zones
18.12.030
Zoning Map
18.12.040
Zone Boundaries
18.12.010 Establishment of Zones.
For the purpose of this
ordinance, the
following zones are hereby established:
Zones
Abbreviations
Exclusive Farm Use -320
EFU-320
Exclusive Farm Use -80
EFU-80
Exclusive Farm Use -40
EFU-40
Exclusive Farm Use -20
EFU-20
Multiple Use Agriculture
MUA
Forest Use
F-1
Forest Use
F-2
Forest Use
F-3
Open Space/Conservation
OS&C
Surface Mining
SM
Surface Mining Impact
Area
SMIA
Rural Residential
RR -10
Rural Service Center
RSC
Rural Service
Residential
RSR -M
Rural Service
Residential -5
RSR -5
Airport Development
A -D
Airport Height
Combining
A -H
Landscape Management
Combining
LM
Wildlife Area Combining
WA
Conventional Housing
Combining
CH
Flood Plain
FP
Rural Industrial
R -I
Research and
Development
R&D
Planned Community
Zone
PC
Limited Use Combining
Zone
LU
20
Dios 1341
18.12.020 Location of Zones.
The boundaries for the zones listed in this
ordinance are indicated on the Deschutes
County Zoning Map which is hereby adopted
by reference. The boundaries shall be
modified in accordance with zoning map
amendments which shall be adopted by
reference.
18.12.030 Zoning Map.
A zoning map amendment adopted by
Section 18.12.020, above, or by an amendment
thereto shall be prepared by authority of the
Planning Director or Hearings Body [Officer]
or Board of County Commissioners. The
map or map amendment shall be dated with
the effective date of the order or ordinance
that adopts the map or map amendment. A
certified print of the adopted map shall be
maintained in the office of the County Clerk
as long as the map adoption order or ordi-
nance remains in effect. A copy of all map
amendments, which shall contain a legal
description of the area to be amended as well
as a map reflecting the previous zoning and a
map of the amendment, shall be maintained
in the office of the County Clerk.
18.12.040 Zone Boundaries.
Unless otherwise specified, zone boundaries
are section lines, subdivision lines, lot lines,
center lines of street or railroad rights-of-way,
water courses, ridges or rimrocks, other
readily recognizable or identifiable natural
features, or the extension of such lines.
Whenever uncertainty exists as to the
boundary of a zone as shown on the zoning
map or amendment thereto, the following
rules shall apply:
1. Where a boundary line is indicated as
following a street, alley, canal or railroad
right-of-way, it shall be construed as following
the centerline of such right-of-way.
2. Where a boundary line follows or
approximately coincides with a section lines
or division thereof, lot or property ownership
line, it shall be construed as following such
line.
3. If a zone boundary as shown on the
zoning map divides a lot or parcel between
two zones, the entire lot or parcel shall be
deemed to be in the zone in which the greater
area of the lot or parcel lies, provided that
this adjustment involves a distance not
exceeding 100 feet from the mapped zone
boundary. This provision does not apply to
areas zoned Floodplain.
(Section 3.050, Selected Residential Areas for
Single -Wide Mobile Homes, deleted by Ord.
91-005 § 3, 1991; Ord. 80-206 § 2, 1980)
21
0106 1342
Chapter 18.16
EXCLUSIVE FARM USE
EFU-320 ZONE
Sections:
Uses
18.16.010
Purpose
18.16.020
Uses Permitted Outright
18.16.030
Conditional Uses Permitted
18.16.040
Limitations on Conditional
18.16.010 Purpose.
The purposes of the Exclusive Farm Use
Zone are to preserve and maintain agricul-
tural lands for farm use, particularly range
and grazing uses, consistent with existing and
future needs for agricultural products, forests
and open spaces; to conserve and protect
products, forests and open spaces; to conserve
and protect scenic resources; to maintain and
improve the quality of air, water and land
resources of the county and to establish
criteria and standards for farm uses and
related and supportive uses which are deemed
appropriate.
18.16.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: [In an EFU-320 Zone,
the following regulations shall apply:]
A. Farm use as defined in ORS
215.203(2).
B. Propagation or harvesting of a forest
product.
C. Utility facility necessary for public
services, except landfills, or commercial facili-
ties for the purpose of generating power for
public use by sale.
D. Dwellings, manufactured homes in
accordance with Section 18.116.070 and other
buildings customarily provided in conjunction
with farm use as defined in ORS
215.203(2)(a). (Ord. 91-005 § 4, 1991)
22
0106 1343
E. Public or private schools.
F. Churches.
G. Livestock feed lot or sales yard.
H. Exploration for minerals. (Ord. 91-
002 § 3, 1991)
18.16.030 Conditional Uses Permitted.
A. Commercial activities in conjunction
with farm uses.
B. Operations conducted for exploration,
mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 23, 1990)
C. Homestead retention when the entire
parcel has been under single ownership for at
least the preceding ten consecutive years and
the parcel occupies not less than 320 acres.
This use will permit the owner to convey the
parcel but retain a leasehold interest in the
residence and the land underlying the resi-
dence up to a maximum of five acres. In no
case shall another residence be constructed
elsewhere on the parcel except in confor-
mance with the terms of this section. The
leasehold interest shall extend throughout the
lifetimes of the seller and his or her spouse.
D. Manufactured home as a secondary
accessory farm dwelling, subject to Section
18.116.070. (Ord. 91-005 § 5, 1991)
E. Single-family residential dwellings as
defined in ORS 215.213(3).
F. Private parks, playgrounds, hunting
and fishing preserves and campgrounds.
G. Parks, playgrounds or community
centers owned and operated by a govern-
mental agency or a non-profit community
organization.
H. Golf courses.
I. Commercial utility facilities for the
purpose of generating power for public use by
sale.
J. Personal -use landing strips for air-
planes and helicopter pads, including associ-
Uses
18.16.050
Dimensional Standards
18.16.060
Yards
18.16.070
Stream Setback
18.16.080
Rimrock Setback
18.16.010 Purpose.
The purposes of the Exclusive Farm Use
Zone are to preserve and maintain agricul-
tural lands for farm use, particularly range
and grazing uses, consistent with existing and
future needs for agricultural products, forests
and open spaces; to conserve and protect
products, forests and open spaces; to conserve
and protect scenic resources; to maintain and
improve the quality of air, water and land
resources of the county and to establish
criteria and standards for farm uses and
related and supportive uses which are deemed
appropriate.
18.16.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: [In an EFU-320 Zone,
the following regulations shall apply:]
A. Farm use as defined in ORS
215.203(2).
B. Propagation or harvesting of a forest
product.
C. Utility facility necessary for public
services, except landfills, or commercial facili-
ties for the purpose of generating power for
public use by sale.
D. Dwellings, manufactured homes in
accordance with Section 18.116.070 and other
buildings customarily provided in conjunction
with farm use as defined in ORS
215.203(2)(a). (Ord. 91-005 § 4, 1991)
22
0106 1343
E. Public or private schools.
F. Churches.
G. Livestock feed lot or sales yard.
H. Exploration for minerals. (Ord. 91-
002 § 3, 1991)
18.16.030 Conditional Uses Permitted.
A. Commercial activities in conjunction
with farm uses.
B. Operations conducted for exploration,
mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 23, 1990)
C. Homestead retention when the entire
parcel has been under single ownership for at
least the preceding ten consecutive years and
the parcel occupies not less than 320 acres.
This use will permit the owner to convey the
parcel but retain a leasehold interest in the
residence and the land underlying the resi-
dence up to a maximum of five acres. In no
case shall another residence be constructed
elsewhere on the parcel except in confor-
mance with the terms of this section. The
leasehold interest shall extend throughout the
lifetimes of the seller and his or her spouse.
D. Manufactured home as a secondary
accessory farm dwelling, subject to Section
18.116.070. (Ord. 91-005 § 5, 1991)
E. Single-family residential dwellings as
defined in ORS 215.213(3).
F. Private parks, playgrounds, hunting
and fishing preserves and campgrounds.
G. Parks, playgrounds or community
centers owned and operated by a govern-
mental agency or a non-profit community
organization.
H. Golf courses.
I. Commercial utility facilities for the
purpose of generating power for public use by
sale.
J. Personal -use landing strips for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service
facilities. [A personal -use landing strip as
used in this section means an airstrip
restricted, except for aircraft emergencies, to
use by the owner, and on an infrequent and
occasional basis by his invited guests, and by
commercial aviation activities in connection
with agricultural operations. 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 Aero-
nautics 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 regula-
tions of the Aeronautics Division.]
K. Home occupations carried on by
residents as an accessory use within their
dwelling or other buildings customarily pro-
vided in conjunction with farm use.
L. A facility for the primary processing
of forest products, provided that such a facil-
ity 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 facili-
ties are intended to be only portable or tem-
porary in nature. The primary processing of
a forest product, as used in this section,
means the use of a portable chipper or stud
mill or other similar method of initial treat-
ment of a forest product in order to enable its
shipment to market. Forest products, as used
in this section, means timber grown upon a
parcel of land or contiguous land where the
primary processing facility is located.
M. The boarding of horses for profit.
N. Pre-existing dwelling as a ranch hand
residence, provided there shall not be more
than one such conditional use permitted for
each 20 acres in the farm unit and the Plan-
ning Director or Hearings Body finds that the
occupant of the dwelling will be an employee
of the owner, or an immediate family
member, engaged in the farm operation. No
23
0106 1344
parcel of less than 20 acres shall be consid-
ered a farm unit for the purpose of this
subsection unless it is demonstrated to the
Planning Director or Hearings Body that a
smaller land unit is a commercial agricultural
enterprise [viable farm unit]. (Ord. 83-028 §
1, 1983)
O. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 3, 1986)
P. A single-family dwelling or a manu-
factured home in accordance with Section
18.116.070 customarily provided in conjunc-
tion with farm use, on pre-existing noncon-
forming lot as defined in Sections 18.04.030
and 18.120.020, subject to the following cri-
teria:
a. The lot is currently employed for
farm use where the day-to-day activities are
principally directed to the farm use of the
land.
b. The lot is of sufficient size to demon-
strate commercial production of food, fiber or
livestock using innovative and/or intensive
farming practices, during at least two of the
previous three years.
C. The soil, growing season, water and
energy are adequate and available for the
farm use.
d. The markets for the farm product are
demonstrable.
e. The proposed dwelling on the lot will
not adversely affect adjacent and surrounding
commercial agricultural operations.
f. The proposed dwelling on the lot will
not force a significant change in or signifi-
cantly increase the cost of accepted farming
practices on nearby agricultural land.
g. The lot and the farm use on it are
appropriate for the continuation of the exist-
ing commercial agricultural operations in the
area. (Ord. 91-005 § 6,1991; Ord. 87-013 § 1,
1987)
Q. Dog kennels. (Ord. 90-018 § 1, 1990)
P. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete, when such uses are in
conjunction with the maintenance or construc-
tion of public roads or highways. (Ord. 90-
014 § 31, 1990)
S. Landfills tentatively approved by the
Department of Environmental Quality. (Ord.
91-014 § 1, 1991)
18.16.040 Limitations on Conditional
Uses.
The following limitations shall apply to a
conditional use in an EFU-320 Zone:
A. Conditional uses permitted by Section
18.16.030, above, may be established on non-
productive agricultural lands subject to the
criteria set forth in paragraph(B), below, and
upon a finding by the Planning Director or
Hearings Body [Officer] that each use:
a. Is compatible with farm uses
described in ORS 215.203(2), the intent and
purpose set forth in ORS 215.243, the Com-
prehensive Plan and this ordinance.
b. Does not interfere seriously with
accepted farming practices as defined in ORS
215.203(2)(c) on adjacent lands devoted to
farm uses.
C. Does not materially alter the stability
of the overall land use pattern of the area.
d. If situated upon generally unsuitable
land for the production of farm crops and
livestock, considering the terrain, adverse soil
or land conditions, drainage and flooding,
vegetation, location and size of the tract.
B. Criteria to evaluate conditional uses:
a. Immediate and future impact on
public services, existing road systems and
traffic demands.
b. Soil type and its development limita-
tions, including slides, erosion, flooding and
drainage.
C. Agricultural productivity including
food productivity and the production of any
usable agricultural product which requires
open space and a non -urban environment.
d. Development minimizes potential
adverse effects on terrain, slope and ground
cover.
24
0106 1345
e. Development is compatible with the
existing land use pattern and the character of
the overall area.
f. An adequate quantity and quality of
water, either subsurface or other sanitary
disposal system and adequate provisions for
solid waste disposal.
g. Conversion of agricultural lands to
non-farm uses shall be based upon consider-
ation of the following factors:
1. Environmental, energy, social and
economic consequences.
2. Compatibility of the proposed use
with related agricultural land.
3. The retention of Class I through VI
soils in farm use.
18.16.050 Dimensional Standards.
In an EFU-320 Zone, the following dimen-
sional standards shall apply:
A. 320 acres.
B. The minimum lot area for all non-
farm uses permitted by this section shall be as
determined by the Planning Director or
Hearings Body [Officer] necessary to carry
out the intent of this ordinance and the Com-
prehensive Plan; in no case shall such mini-
mum lot area be less than one acre.
a. Compliance with applicable Compre-
hensive Plan policies.
b. Compatibility with adjoining land
uses.
C. Resource carrying capacities.
d. Possible effects on overall land use
patterns of the area.
e. Retention of the maximum possible
agricultural land for farm uses.
C. The minimum average lot width shall
be 100 feet with a minimum street frontage of
50 feet.
D. The minimum average lot depth shall
be 150 feet.
18.16.060 Yards.
A. The minimum yard setback of a non-
farm use from the property line adjacent to a
farm use not owned by the applicant shall be
100 feet.
B. The minimum front yard setback
shall be 20 feet for property fronting on a
local street right-of-way, 30 feet from a prop-
erty line on a major 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.
C. Each side yard shall be a minimum of
20 feet, except that on corner lots or parcels
the side yard on the street side shall be a
minimum of 30 feet.
D. Rear yards shall be a minimum of 25
feet.
E. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 5, 1983)
18.16.070 Stream Setback.
To permit better light, air, vision, stream
pollution control, protect fish and wildlife
areas and to preserve the natural scenic
amenities and vistas along the streams and
lakes, the following setback shall apply:
A. All sewage disposal installations such
as septic tanks and drainfields shall be set
back from the ordinary high water mark
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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 Direc-
tor or Hearings Body [Officer] 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
high water line along all streams or lakes a
minimum of 100 feet measured at right angles
to the ordinary high water [line or] mark.
18.16.080 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 2, 1986)
25
0106 1346
Chapter 18.20
EXCLUSIVE FARM USE
EFU-80 ZONE
Sections:
18.20.010
Purpose
18.20.020
Uses Permitted Outright
18.20.030
Conditional Uses Permitted
18.20.040
Limitations on Conditional
Uses
18.20.050
Dimensional Standards
18.20.060
Yards
18.20.070
Stream Setback
18.20.080
Rimrock Setback
18.20.010 Purpose.
The purposes of the Exclusive Farm Use
Zone are to preserve and maintain agricul-
tural lands for farm use, particularly range
and grazing uses, consistent with existing and
future need for agricultural products, forests
and open spaces; to conserve and protect
scenic resources; to maintain and improve the
quality of air, water and land resources of the
county and to establish criteria and standards
for farm uses and related and supportive uses
which are deemed appropriate.
18.20.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: [In an EFU-80 Zone,
the following regulations shall apply:]
A. Farm Use as defined in ORS
215.203(2).
B. Propagation or harvesting of a forest
product.
C. Utility facility necessary for public
services, except landfills or commercial facili-
ties for the purpose of generating power for
public use by sale.
D. Dwellings, manufactured homes in
accordance with Section 18.116.070 and other
buildings customarily provided in conjunction
with farm use as defined in ORS
215.203(2)(a). (Ord. 91-005 § 7, 1991)
E. Public or private schools.
F. Churches.
0106 1347
G. Livestock feed lot or sales lot.
H. Exploration for minerals. (Ord 91-
002 § 4, 1991)
18.20.030 Conditional Uses Permitted.
A. Commercial activities in conjunction
with farm use.
B. Operations conducted for exploration,
mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 24, 1990)
C. Homestead retention when the entire
parcel has been under single ownership for at
least the preceding ten consecutive years and
the parcel occupies not less than 320 acres.
This use will permit the owner to convey the
parcel but retain a leasehold interest in the
residence and the land underlying the resi-
dence up to a maximum of five acres. In no
case shall another residence be constructed
elsewhere on the parcel, except in confor-
mance with the terms of this section. The
leasehold interest shall extend throughout the
lifetimes of the seller and his or her spouse.
D. Manufactured home as a secondary
accessory farm dwelling, subject to Section
18.116.070. (Ord. 91-005 § 8, 1991)
E. Single-family residential dwellings as
defined in ORS 215.213(3).
F. Private parks, playgrounds, hunting
and fishing preserves and campgrounds.
G. Parks, playgrounds or community
centers owned and operated by a govern-
mental agency or a non-profit community
organization.
H. Golf courses.
I. Commercial utility facilities for the
purpose of generating power for public use by
sale.
J. Personal -use landing strips for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [A personal -use landing strip as used in
this section means an airstrip restricted,
except for aircraft emergencies, to use by the
owner, and on an infrequent and occasional
basis, by his invited guests, and by commercial
aviation activities in connection with agricul-
tural operation. 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. Home occupations carried on by
residents as an accessory use within their
dwelling or other buildings customarily pro-
vided in conjunction with farm use.
L. A facility for the primary processing
of forest products, provided that such a facil-
ity 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 facili-
ties are intended to be only portable or tem-
porary in nature. The primary processing of
a forest product, as used in this section,
means the use of a portable chipper or stud
mill or other similar method of initial treat-
ment of a forest product in order to enable its
shipment to market. Forest products, as used
in this section, means timber grown upon a
parcel of land or contiguous land where the
primary processing facility is located.
M. The boarding of horses for profit.
N. Pre-existing dwellings as a ranch hand
residence, provided there shall not be more
than one such conditional use permitted for
each 20 acres in the farm unit, and the Plan-
ning Director or Hearings Body finds that the
occupant of the dwelling will be an employee
of the owner, or an immediate facility
member, engaged in the farm operation. No
parcel of less than 20 acres shall be consid-
ered a farm unit for the purpose of this
27
0106 1348
subsection unless it is demonstrated to the
Planning Director or Hearings Body that a
smaller land unit is a commercial agricultural
enterprise [viable farm unit]. (Ord. 83-028 §
2, 1983)
O. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 4, 1986)
P. A single-family dwelling or a manu-
factured home in accordance with Section
18.116.070 customarily provided in conjunc-
tion with farm use, on a pre-existing noncon-
forming lot as defined in Sections 18.04.030
and 18.120.020, subject to the following cri-
teria:
a. The lot is currently employed for
farm use where the day-to-day activities are
principally directed to the farm use of the
land.
b. The lot is of sufficient size to demon-
strate commercial production of food, fiber or
livestock using innovative and/or intensive
farming practices, during at least two of the
previous three years.
C. The soil, growing season, water and
energy are adequate and available for the
farm use.
d. The markets for the farm product are
demonstrable.
e. The proposed dwelling on the lot will
not adversely affect adjacent and surrounding
commercial agricultural operations.
f. The proposed dwelling on the lot will
not force a significant change in or signifi-
cantly increase the cost of accepted farming
practices on nearby agricultural land.
g. The lot and the farm use on it are
appropriate for the continuation of the exist-
ing commercial agricultural operations in the
area. (Ord. 91-005 § 9,1991; Ord. 87-013 § 2,
1987)
Q. Dog kennels. (Ord. 90-018 § 2, 1990)
R. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete, when such uses are in con-
junction with the maintenance or construction
of public roads or highways. (Ord. 90-014 §
32, 1990)
18.20.040 Limitations on Conditional
Uses.
The following limitations shall apply to a
conditional use in an EFU-80 Zone:
A. Conditional uses permitted by Section
18.20.030, above, may be established on non-
productive agricultural lands subject to the
criteria set forth in paragraph(B), below, and
upon a finding by the Planning Director or
Hearings Body [Officer] that each use:
a. Is compatible with farm uses
described in ORS 215.203(2), the intent and
purpose set forth in ORS 215.243, the Com-
prehensive Plan and this ordinance.
b. Does not interfere seriously with
accepted farming practices as defined in ORS
215.203(2)(c) on adjacent lands devoted to
farm uses.
C. Does not materially alter the stability
of the overall land use pattern of the area.
d. Is situated upon generally unsuitable
land for the production of farm crops and
livestock, considering the terrain, adverse soil
or land conditions, drainage and flooding,
vegetation, location and size of the tract.
B. Criteria to Evaluate Conditional
Uses:
a. Immediate and future impact on
public services, existing road systems and
traffic demands.
b. Soil type and its development limita-
tions, including slides, erosion, flooding and
drainage.
C. Agricultural productivity, including
food productivity and the production of any
usable agricultural product which requires
open space and a non -urban environment.
d. Development minimizes potential
adverse effects on terrain, slope and ground
cover.
e. Development is compatible with the
existing land use pattern and the character of
the overall area.
f. An adequate quantity and quality of
water, either subsurface or other sanitary
W.,
0106 1349
disposal system and adequate provisions for
solid waste disposal.
g. Conversion of agricultural lands to
non-farm uses shall be based upon consider-
ation of the following factors:
1. Environmental, energy, social and
economic consequences.
2. Compatibility of the proposed use
with related agricultural land.
3. The retention of Class I through VI
soils in farm use.
18.20.050 Dimensional Standards.
In an EFU-80 Zone, the following dimen-
sional standards shall apply:
A. 80 acres.
B. The minimum lot area for all non-
farm uses permitted by this section shall be as
determined by the Planning Director or
Hearings Body necessary to carry out the
intent of this ordinance and the Comprehen-
sive Plan; in no case shall such minimum lot
area by less than one acre,
a. Compliance with applicable Compre-
hensive Plan policies.
b. Compatibility with adjoining land
uses.
C. Resources carrying capacities.
d. Possible effects on overall land use
patterns of the area.
e. Retention of the maximum possible
agricultural land for farm uses.
C. The minimum average lot width shall
be 100 feet with a minimum street frontage of
50 feet, except for lots in flood plain or ripar-
ian meadows, where, measured parallel to the
100 -year flood plain high water line, as identi-
fied in U. S. Housing and Development Flood
Hazard Boundary Map, Community Panel
No. 410055/001-0016, and the U. S. Corps of
Engineers Flood Plain Information Study for
the Little Deschutes River, minimum average
lot width shall be 100 yards.
D. The minimum average lot depth shall
be 150 feet.
E. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 6, 1983)
18.20.060 Yards.
A. The minimum yard setback of a non-
farm use from the property line adjacent to a
farm use not owned by the applicant shall be
100 feet.
B. The minimum front yard setback
shall be 20 feet from property fronting on a
local street right-of-way, 30 feet from a prop-
erty line on a major collector right-of-way and
80 feet from an arterial right-of-way unless
other for combining accesses are provided
and approved by the county.
C. Each side yards shall be a minimum
of 20 feet, except that on corner lots or par-
cels the side yard on the street side shall be a
minimum of 30 feet.
D. Rear yards shall be a minimum of 25
feet.
18.20.070 Stream Setback.
To permit better light, air, vision, stream
pollution control, protect 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 drainfields shall be set
back from the ordinary high water mark
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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 Direc-
tor or Hearings Body [Officer] 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
high water line along all streams or lakes a
minimum of 100 feet measured at right angles
to the ordinary high water [line or] mark.
C
0106 1350
18.20.080 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 3, 1986)
Chapter 18.24
EXCLUSIVE FARM USE
EFU-40 ZONE
Sections:
18.24.010
Purpose
18.24.020
Uses Permitted Outright
18.24.030
Conditional Uses Permitted
18.24.040
Limitations on Specific
Conditional Uses
18.24.050
Dimensional Standards
18.24.060
Yards
18.24.070
Stream Setbacks
18.24.080
Rimrock Setback
18.24.010 Purpose.
The purposes of the Exclusive Farm Use
Zone are to preserve and maintain agricul-
tural lands for farm use, particularly range
and grazing uses, consistent with existing and
future needs for agricultural products, forests
and open spaces; to conserve and protect
scenic resources; to maintain and improve the
quality of the air, water and land resources of
the county and to establish criteria and stan-
dards for farm uses and related and suppor-
tive uses which are deemed appropriate.
18.24.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: [In an EFU-40 Zone,
the following regulations shall apply:]
A. Farm use as defined in ORS
215.203(2).
B. Propagation or harvesting of a forest
product.
C. Utility facilities necessary for public
service, except landfills or commercial facili-
ties for the purpose of generating power for
public use by sale.
D. Dwellings, manufactured homes in
accordance with Section 18.116.070 and other
buildings customarily provided in conjunction
with farm use as defined in ORS
215.203(2)(a). (Ord. 91-005 § 10, 1991)
E. Public or private schools.
F. Churches.
0106 1351
G. Livestock feed lot or sales yard.
H. Exploration for minerals. (Ord. 91-
002 § 5, 1991)
18.24.030 Conditional Uses Permitted.
A. Landfills when a written tentative
approval by the DEQ of the site is submitted
with the conditional use application.
B. Private parks, playgrounds, hunting
and fishing preserves and campgrounds.
C. Parks, playgrounds or community
centers owned and operated by a govern-
mental agency or non-profit community
organization.
D. Golf courses.
E. Home occupation carried on by
residents as an accessory use within their
dwelling or other buildings customarily pro-
vided in conjunction with farm use.
F. Personal -use landing strips for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [A personal -use landing strip as used in
this section means an airstrip restricted,
except for aircraft emergencies, to use by the
owner, and on an infrequent and occasional
basis by his invited guests, and by commercial
aviation activities in connection with agricul-
tural operations. 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 person -use landing strip
lawfully existing as of September 1, 1975, shall
continue to be permitted subject to any appli-
cable regulations of the Aeronautics Division.]
G. Homestead retention when the entire
parcel has been under single ownership for at
least the preceding ten consecutive years, and
the parcel occupies not less than 40 acres.
This use will permit the owner to convey the
parcel but retain a leasehold interest in the
residence and the land underlying the resi-
dence up to a maximum of five acres. In no
case shall another residence be constructed
elsewhere on the parcel except in
conformance with the terms of this section.
The leasehold interest shall extend through-
out the lifetimes of the seller and his or her
spouse.
H. Manufactured home as a secondary
accessory farm dwelling, subject to the re-
quirements set forth in Section 18.116.070.
(Ord. 91-005 § 11, 1991)
I. Operations conducted for explora-
tion, mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 25, 1990)
J. Commercial activities in conjunction
with farm use.
K. Commercial utility facilities for the
purpose of generating power for public use by
sale.
L. A facility for the primary processing
of forest products, provided that such a facil-
ity 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 facili-
ties are intended to be only portable or tem-
porary in nature. The primary processing of
a forest product, as used in this section,
means the use of a portable chipper or stud
mill or other similar method of initial treat-
ment of a forest product in order to enable its
shipment to market. Forest products, as used
in this section, means timber grown upon a
parcel of land or contiguous land where the
primary processing facility is located.
M. Single-family dwelling or a manufac-
tured home in accordance with Section
18.116.070 not provided in conjunction with
farm use. (Ord. 91-005 § 12, 1991)
N. Pre-existing dwelling as a ranch hand
residence, provided there shall not be more
than one such conditional use permitted for
each 20 acres in the farm unit and the Plan-
ning Director or Hearings Body finds that the
31
0106 1352
occupant of the dwelling will be an employee
of the owner, or an immediate family
member, engaged in the farm operation. No
parcel of less than 20 acres shall be consid-
ered a farm unit for the purpose of this
subsection unless it is demonstrated to the
Planning Director or Hearings Body that a
smaller land unit is a commercial agricultural
enterprise [viable farm unit]. (Ord. 83-028 §
3, 1983)
O. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 5, 1986)
P. A single-family dwelling or a manu-
factured home in accordance with Section
18.116.070 customarily provided in conjunc-
tion with farm use, on a pre-existing noncon-
forming lot as defined in Sections 18.04.030
and 18.120.020, subject to the following cri-
teria:
a. The lot is currently employed for
farm use where the day-to-day activities are
principally directed to the farm use of the
land.
b. The lot is of sufficient size to demon-
strate commercial production of food, fiber or
livestock using innovative and/or intensive
farming practices, during at least two of the
previous three years.
C. The soil, growing season, water and
energy are adequate and available for the
farm use.
d. The markets for the farm product are
demonstrable.
e. The proposed dwelling on the lot will
not adversely affect adjacent and surrounding
commercial agricultural operations.
f. The proposed dwelling on the lot will
not force a significant change in or signifi-
cantly increase the cost of accepted farming
practices on nearby agricultural land.
g. The lot and the farm use on it are
appropriate for the continuation of the exist-
ing commercial agricultural operations in the
area. (Ord. 91-005 § 13, 1991; Ord. 87-013 §
3, 1987)
Q. Dog kennels. (Ord. 90-018 § 3, 1990)
R. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete, when such uses are in con-
junction with the maintenance or construction
of public roads or highways. (Ord. 90-014 §
33, 1990)
18.24.040 Limitations on Specific
Conditional Uses.
The following limitations shall apply to a
conditional use in an EFU-40 Zone:
A. Conditional uses permitted by Section
18.24.030 above, may be established on non-
productive agricultural lands subject to the
criteria set forth in paragraph (B) of this
section and upon a finding by the Planning
Director or Hearings Body [Officer] that each
use:
a. Is compatible with farm uses
described in ORS 215.203(2), the intent and
purpose set forth in ORS 215.243, the Com-
prehensive Plan and this ordinance.
b. Does not interfere seriously with
accepted farming practices as defined in ORS
215.203(2)(c) on adjacent lands devoted to
farm uses.
C. Does not materially alter the stability
of the overall land use pattern of the area.
d. Is situated upon generally unsuitable
land for the production of farm crops and
livestock, considering terrain, adverse soil or
land conditions, drainage and flooding, vege-
tation, location and size of the tract.
B. Criteria to evaluate conditional uses:
a. Immediate and future impacts on
public services, existing road systems and
traffic demands, and irrigation distribution
systems.
b. Soil type and its development limita-
tions, including slides, erosion, flooding and
drainage, and provisions to minimize possible
adverse effects resulting therefrom.
C. Agricultural productivity, including
food productivity and the production of any
useable agricultural product which requires
open space and a non -urban environment.
32
0106 1353
d. Development minimizes potential
adverse effects on terrain, slope and ground
cover.
e. Development is compatible with the
existing land use pattern and the character of
the overall area.
f. An adequate quantity and quality of
water, either subsurface or other sanitary
disposal system and adequate provisions of
solid waste disposal.
g. Conversion of agricultural lands to
non-farm uses shall be based upon consider-
ation of the following factors:
1. Environmental, energy, social and
economic consequences.
2. Compatibility of the proposed use
with related agricultural land.
3. The retention of Class I through VI
soils in farm use.
h. Is not located within one-quarter mile
of a dairy farm, feed lot, sales yard, slaugh-
terhouse or poultry, hog or mink farm, unless
adequate provisions are provided and
approved by the Planning Director or Hear-
ings Body for a buffer between such uses.
The establishment of a buffer shall consider
such factors as prevailing winds, drainage,
expansion potential of affected agricultural
uses, open space and any other factor that
may affect the livability of such proposed use
of the agriculture of the area.
18.24.050 Dimensional Standards.
In an EFU-40 Zone, the following dimen-
sional standards shall apply:
A. 40 acres.
B. The minimum lot area for any non-
farm use permitted by this section shall be
that as determined the Planning Director or
Hearings Body [Officer] necessary to carry
out the intent and purposes of ORS Chapter
215, the Comprehensive Plan and this ordi-
nance. In no case shall lot areas be less than
one acre except in the case of a planned
development with an equivalent density
factor.
C. The minimum average lot width shall
be 100 feet with a minimum street frontage of
50 feet, except for lots in flood plain or ripar-
ian meadows, where measured parallel to the
100 -year flood plain high water line, as identi-
fied in U. S. Housing and Development Flood
Hazard Boundary Map Community Panel No.
410055/001-0016 and the U. S. Corps of Engi-
neers Flood Plain Information Study for the
little Deschutes River, the minimum average
lot width shall be 100 yards.
D. The minimum average lot depth shall
be 150 feet.
18.24.060 Yards.
A. The front yard setback from the
property line shall be a minimum of 100 feet
if the front property line is adjacent to an
intensive agricultural use; otherwise the front
yard shall be 20 feet for property fronting on
a local minor collector or marginal access
street right-of-way, 30 feet from a property
line fronting on a major 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, except that on corner lots or parcels,
the side yard on the street side shall be a
minimum of 30 feet, and for parcels or lots
with side yards adjacent to an intensive agri-
cultural use, the adjacent side yard shall be a
minimum of 100 feet.
C. Rear yards shall be a minimum of 25
feet, except for parcels or lots with rear yards
adjacent to an intensive agricultural use, rear
yards shall be a minimum of 100 feet.The
setback from the north lot line shall meet the
solar setback requirements in Section
18.116.180.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 7, 1983)
18.24.070 Stream Setbacks.
To permit or afford better light, air, vision,
stream pollution control, protect fish and
wildlife areas and to preserve the natural
scenic amenities and vistas along the streams
and lakes, the following setbacks shall apply:
33
0106 1354
A. All sewage disposal installations, such
as septic tanks and septic drainfields, shall be
set back from the ordinary high water [line
or] mark along all streams or lakes a mini-
mum of 100 feet, measured at right angles to
the ordinary high water [line or] mark. In
those cases where practical difficulties pre-
clude the location of the facilities at a dis-
tance of 100 feet and the County Sanitarian
finds that a closer location will not endanger
health, the Planning Director or Hearings
Body [Officer] 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 [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.24.080 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 4, 1986)
Chapter 18.28
EXCLUSIVE FARM USE
EFU-20 ZONE
Sections:
18.28.010
Purpose
18.28.020
Uses Permitted Outright
18.28.030
Conditional Uses Permitted
18.28.040
Limitations on Specific
Conditional Uses
18.28.050
Dimensional Standards
18.28.060
Yards
18.28.070
Stream Setbacks
18.28.080
Rimrock Setback
18.28.010 Purposes.
The purposes of the Exclusive Farm Use
Zone are to preserve and maintain ;agricul-
tural lands for farm use, particularly range
and grazing uses, consistent with existing and
future needs for agricultural products, forests
and open spaces; to conserve and protect
scenic resources; to maintain and improve the
quality of the air, water and land resources of
the county and to establish criteria and stan-
dards for farm uses and related and suppor-
tive uses which are deemed appropriate.
18.28.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: [In an EFU-20 Zone,
the following regulations shall apply:]
A. Farm use as defined in ORS
215.203(2).
B. Propagation or harvesting of a forest
product.
C. Utility facilities necessary for public
service, except landfills or commercial facili-
ties for the purpose of generating power for
public use by sale.
D. Dwellings, manufactured homes in
accordance with Section 18.116.070 and other
buildings customarily provided in conjunction
with farm use as defined in ORS
215.203(2)(a). (Ord. 91-005 § 14, 1991)
E. Public or private schools.
F. Churches.
34
0106 1355
G. Livestock feed lot or sales lot.
(Animal Hospital repealed by Ord. 86-007
§ 1, 1986; Ord. 81-025 § 1, 1981; Ord. 81-001
§ 1, 1981)
H. Exploration for minerals. (Ord. 91-
002 § 6, 1991)
18.28.030 Conditional Uses Permitted.
A. Landfills when a written tentative
approval by the DEQ of the site is submitted
with the conditional use application.
B. Commercial activities in conjunction
with farm use.
C. Manufactured home as a secondary
accessory farm dwelling, subject to Section
18.116.070. (Ord. 91-005 § 15, 1991)
D. Operations conducted for exploration,
mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 26, 1990)
E. Private parks, playgrounds, hunting
and fishing preserves and campgrounds.
F. Parks, playgrounds or community
centers owned and operated by a govern-
mental agency or non-profit community
organization.
G. Personal -use landing strips for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [A personal -use landing strip as used in
this section means an airstrip restricted,
except for aircraft emergencies, to use by the
owner, and on an infrequent and occasional
basis, by his invited guests, and by commercial
aviation activities in connection with agricul-
tural operations. 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.]
H. Golf courses.
I. Commercial utility facilities for the
purpose of generating power for public use by
sale.
J. Home occupations carried on by
residents as an accessory use within their
dwelling or other buildings customarily pro-
vided in conjunction with farm use.
K. A facility for the primary processing
of forest products, provided that such facility
is found to not seriously interfere with accep-
ted 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 this section, 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 this
section, means timber grown upon a parcel of
land or contiguous land where the primary
processing facility is located.
L. The boarding of horses for profit.
M. A single-family dwelling or a manu-
factured home in accordance with Section
18.116.070 not provided in conjunction with
farm use. (Ord. 91-005 § 16, 1991)
N. Homestead retention when the entire
parcel has been under single ownership for at
least the preceding ten consecutive years, and
the parcel occupies not less than 40 acres.
This use will permit the owner to convey the
parcel but retain a leasehold interest in the
residence and the land underlying the resi-
dence up to a maximum of five acres. In no
case shall another residence be constructed
elsewhere on the parcel except in confor-
mance with the terms of this section. The
leasehold interest shall extend throughout the
lifetimes of the seller and his or her spouse.
O. Pre-existing dwelling as a ranch hand
residence, provided there shall not be more
35
0106 1056
than one such conditional use permitted for
each 20 acres in the farm unit and the Plan-
ning Director or Hearings Body finds that the
occupant of the dwelling will be an employee
of the owner, or an immediate family
member, engaged in the farm operation. No
parcel of less than 20 acres shall be consid-
ered a farm unit for the purpose of this
subsection unless it is demonstrated to the
Planning Director or Hearings Body that a
smaller land unit is a commercial agricultural
enterprise [viable farm unit]. (Ord. 83-028 §
4, 1983)
P. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 6, 1986)
O. A single-family dwelling or a manu-
factured home in accordance with Section
18.116.070, customarily provided in conjunc-
tion with farm use, on a pre-existing noncon-
forming lot as defined in Sections 18.04.030
and 18.120.020, subject to the following cri-
teria:
a. The lot is currently employed for
farm use where the day-to-day activities are
principally directed to the farm use of the
land.
b. The lot is of sufficient size to demon-
strate commercial production of food, fiber or
livestock using innovative and/or intensive
farming practices, during at least two of the
previous three years.
C. The soil, growing season, water and
energy are adequate and available for the
planned farm use.
d. The markets for the farm product are
demonstrable.
e. The proposed dwelling on the lot will
not adversely affect adjacent and surrounding
commercial agricultural operations.
f. The proposed dwelling on the lot will
not force a significant change in or signifi-
cantly increase the cost of accepted farming
practices on nearby agricultural land.
g. The lot and the farm use on it are
appropriate for the continuation of the
existing commercial agricultural operations in
the area. (Ord. 91-005 § 17, 1991; Ord. 87-
013 § 4, 1987)
R. Dog kennels. (Ord. 90-018 § 4, 1990)
S. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete, when such uses are in con-
junction with the maintenance or construction
of public roads or highways. (Ord. 90-014 §
34, 1990)
18.28.040 Limitations on Specific
Conditional Uses.
The following limitations shall apply to a
conditional use in an EFU-20 Zone:
A. Conditional uses permitted by Section
18.28.030 above, may be established on non-
productive agricultural lands subject to the
criteria set forth in paragraph (B) below, and
upon a finding by the Planning Director or
Hearings Body [Officer] that each use:
a. Is compatible with farm uses
described in ORS 215.203(2), the intent and
purpose set forth in ORS 215.243, the Com-
prehensive Plan and this ordinance.
b. Does not interfere seriously with
accepted farming practices as defined in ORS
215.203(2)(c) on adjacent lands devoted to
farm uses.
C. Does not materially alter the stability
of the overall land use pattern of the area.
d. Is situated upon generally unsuitable
land for the production of farm crops and
livestock, considering terrain, adverse soil or
land conditions, drainage and flooding, vege-
tation, location and size of the tract.
B. Criteria to evaluate conditional uses:
a. Immediate and future impact on
public services, existing road systems and
traffic demands and irrigation distribution
systems.
b. Soil type and its development limita-
tions, including slides, erosion, flooding and
drainage and provisions to minimize possible
adverse effects resulting therefrom.
C. Agricultural productivity, including
food productivity and the production of any
usable agricultural product which requires
open space and a non -urban environment.
36
0106 135'7
d. Development minimizes potential
adverse effects on terrain, slope and ground
cover.
e. Development is compatible with the
existing land use pattern and character of the
overall area.
f. An adequate quantity and quality of
water, either subsurface or other sanitary
disposal system and adequate provisions for
solid waste disposal.
g. Conversion of agricultural lands to
non-farm uses shall be based upon consider-
ation of the following factors:
1. Environmental, energy, social and
economic consequences.
2. Compatibility of the proposed use
with related agricultural land.
3. The retention of Class I through VI
soils in farm use.
h. Shall not be located within one-
quarter mile of a dairy farm, feed lot, sales
yard, slaughterhouse, hog or mink farm, or
agricultural lands capable of being intensively
farmed, unless adequate provisions are pro-
vided and approved by the Planning Director
or Hearings Body for a buffer between such
uses. The establishment of a buffer shall
consider such factors as prevailing winds,
drainage, expansion potential of affected
agricultural uses, open space and any other
factor that may affect the livability of such
proposed use or the agriculture of the area.
18.28.050 Dimensional Standards.
In an EFU-20 Zone, the following dimen-
sional standards shall apply:
A. 20 acres.
B. The minimum lot area for all uses
permitted by Section 18.28.030 shall be that
determined by the Planning Director or
Hearings Body [Officer] necessary to carry
out the intent and purposes of ORS Chapter
215, this ordinance and the Comprehensive
Plan. In no case shall lot areas be less than
one acre except in a planned development
having an equivalent density factor.
C. The minimum average lot width shall
be 100 feet with a minimum street frontage of
50 feet.
D. The minimum average lot depth shall
be 150 feet.
18.28.060 Yards.
A. The front yard setback from the
property line shall be a minimum of 100 feet
if such line is adjacent to an intensive agricul-
tural use; otherwise, front yard shall be 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 pro-
vided and approved by the county.
B. Each side yard shall be a minimum of
20 feet, except that on corner lots or parcels,
the side yards adjacent to an intensive
agricultural use, the adjacent side yard shall
be a minimum of 30 feet, and for parcels or
lots with side yards adjacent to an intensive
agricultural use, the adjacent side yard shall
be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25
feet, except parcels or lots with rear yards
adjacent to an intensive agricultural use, the
rear yards shall be a minimum of 100 feet.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 8, 1983)
18.28.070 Stream Setbacks.
To permit better light, air, vision, stream
pollution control, protect 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
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] mark. In those cases where
practical difficulties preclude the location of
the facilities at a distance of 100 feet and the
37
0106 1358
County Sanitarian finds that a closer location
will not endanger health, the Planning Direc-
tor or Hearings Body [Officer] 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 [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.28.080 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 5, 1986)
Chapter 18.32
MULTIPLE USE AGRICULTURAL
MUA ZONE
Sections:
18.32.010
Purpose
18.32.020
Uses Permitted Outright
18.32.030
Conditional Uses Permitted
18.32.040
Dimension Standards
18.32.050 Yards
18.32.060 Stream Setbacks
18.32.070 Rimrock Setback
In an WA Zone, the following regulations
shall apply:
18.32.010 Purpose.
The purposes of the Multiple Use Agricul-
tural Zone are to preserve the rural character
of various areas of the county while permit-
ting development consistent with that charac-
ter and with the capacity of the natural
resources of the area; to preserve and main-
tain 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 main-
tain 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 devel-
opment by the Comprehensive Plan, and to
provide for an orderly and efficient transition
from rural to urban land use.
18.32.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Uses permitted outright in the EFU-
20 Zone.
B. Single-family dwellings.
C. Manufactured home in accordance
with Section 18.116.070. (Ord. 91-005 § 18,
1991)
0106 1359
18.32.030 Conditional Uses Permitted.
A. Public use.
B. Semi-public use.
C. Commercial activities in conjunction
with farm use.
D. Dude Ranch.
E. Kennel or animal hospital.
F. Guest house.
G. Manufactured home as a secondary
accessory farm dwelling, subject to the
requirements set forth in Section 18.116.070.
(Ord. 91-005 § 19, 1991)
H. Exploration for minerals. (Ord. 91-
002 § 7, 1991; Ord. 90-014 § 27, 1990)
I. Private parks, playgrounds, hunting
and fishing preserves, campgrounds, motorcy-
cle tracks, rodeo or livestock arenas and other
recreational uses.
J. Personal -use landing strip for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [No aircraft may be based on a landing
strip other than those owned or controlled by
the owner of the landing strip. Exceptions
may be granted through waiver action by the
Aeronautics Division in specific instances. A
landing strip lawfully existing as of September
1, 1975, shall continue to be permitted subject
to any applicable regulations of the Aeronau-
tics Division.]
K. Golf courses.
L. Home occupations. [carried on by
residents as an accessory use within their
dwelling or other buildings customarily pro-
vided in conjunction with farm use.]
M. A facility for primary processing for
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 this section, 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 this
section, means timber grown upon a parcel of
land or contiguous land where the primary
processing facility is located.
(Non-farm related single -wide... repealed
by Ord. 91-005 § 20, 1991; Ord. 80-206 § 3,
1980)
N. Destination resorts.
O. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative
approval by DEQ of the site if submitted with
the conditional use application.
R. Time-share unit or the creation
thereof. (Ord. 83-033 § 2, 1983)
S. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 7, 1986)
T. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete, when such uses are in con-
junction with the maintenance or construction
of public roads or highways. (Ord. 90-014 §
35, 1990)
1832.040 Dimension Standards.
In an WA Zone, the following dimen-
sional standards shall apply:
A. The minimum lot size shall be ten
acres, except planned and cluster develop-
ments shall be allowed an equivalent density
of one unit per 7.5 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. [Ten acres, except
planned and cluster developments shall be
allowed an equivalent density of one unit per
7.5 acres, except planned and cluster develop-
ments 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.
39
0106 1360
1832.050 Yards.
A. The front yard setback from the
property line shall be a minimum of 100 feet
if such line is adjacent to an intensive agricul-
tural use; otherwise, the front yard shall be 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 pro-
vided and approved by the county.
B. Each side yard shall be a minimum of
20 feet, except on the street side, which shall
be a minimum of 30 feet. For parcels or lots
created before November 1, 1979, which are
one-half (1/2) acre or less in size, the side
yard setback may be reduced to a minimum
of 10 feet. For parcels or lots adjacent to an
intensive agricultural use, the adjacent side
yard shall be a minimum of 100 feet. (Ord.
88-021 § 1, 1988)
C. Rear yards shall be a minimum of 25
feet, except when [for] parcels or lots have
[with] rear yards adjacent to an intensive
agricultural use, rear yards shall be a
minimum of 100 feet.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 9, 1983)
1832.060 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 follow-
ing 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
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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 Direc-
tor or Hearings Body [Officer] 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 [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.32.070 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 6, 1986)
40
0106 1361
Chapter 18.36
FOREST USE - F-1 ZONE
Sections:
18.36.010
Purpose
18.36.020
Uses Permitted Outright
18.36.030
Conditional Uses Permitted
18.36.040
Limitations on Conditional
Uses
18.36.050
Limitations on Non -Forest or
Non -Farm Recreational Uses
18.36.060
Dimensional Standards
18.36.070
State Law Controls
18.36.080
Rimrock Setback
In an F-1 Zone, the following regulations
shall apply:
1836.010 Purpose.
The purposes of the Forest Use Zone are to
conserve and protect designated lands for
forest uses including protection of watershed,
fish and wildlife habitat, unusual or unique
recreational opportunities, and [as well as]
timber, and to minimize potential hazards or
damage from fire, pollution, erosion or urban
development.
1836.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Management, propagation or harvest-
ing of a forest product.
B. Agricultural uses supportive of
Section 18.36.010, above.
C. Exploration for minerals. (Ord. 91-
002 § 8, 1991)
1836.030 Conditional Uses Permitted.
A. Parks, campgrounds, group camping
or other outdoor recreation facilities owned
and operated by a governmental agency.
B. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 8, 1986)
C. Operations conducted for explora-
tion, mining and processing of geothermal
41
01061362
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 28, 1990)
18.36.040 Limitations on Conditional
Uses.
The following limitations shall apply to a
conditional use permitted in Section
18.36.030, above.
A. Conditional uses permitted by Section
18.36.030 may be established on non-produc-
tive agricultural or timber lands upon a find-
ing by the Planning Director or Hearings
Body [Officer] that each such use:
a. is compatible with farm and forest
use, is consistent with the intent and purposes
set forth in the State Forest Practices Act
(ORS 527.610 et. seq.), the Deschutes County
Comprehensive Plan and this ordinance.
b. does not interfere with accepted
forest management practices and farming uses
on adjacent lands devoted to farm and forest
uses.
C. does not alter the stability of the
overall land use pattern of the area.
d. is situated upon land generally
unsuitable for timber production and the
production of farm crops and livestock, con-
sidering the terrain, adverse soil or land
conditions, drainage and flooding, vegetation,
location and size of tract.
e. does not constitute an unnecessary
fire hazard and provides for at least a mini-
mum of fire safety measures in planning,
design, construction and operation.
1836.050 Limitations on Non -Forest or
Non -Farm Recreational Uses.
In addition to other standards and condi-
tions set forth in this chapter, the following
factors shall be considered [limitations shall
be applied] in the evaluation of a conditional
use application:
A. Provisions for a buffer between forest
lands or agricultural lands and the proposed
use.
B. Immediate and future impact on
public services, existing road systems and
traffic demands and fire protection systems.
C. Soil type and its development limita-
tions, including slides, erosion, flooding and
drainage, and provisions to minimize possible
adverse effects resulting therefrom.
D. Effects on timber and forage agricul-
tural productivity including the production of
any usable forest or agricultural products
which require open space and a non -urban
environment.
E. Density of development shall be
designed to minimize potential adverse effects
of terrain, slope and ground cover and shall
be in compliance with applicable Comprehen-
sive Plan policies.
F. Development and density shall be
compatible with the existing land use pattern
if [providing] the Comprehensive Plan does
not indicate a future zone change for the
existing pattern.
G. An adequate quantity and quality of
water, either subsurface or other sanitary
disposal systems and adequate provisions for
solid waste disposal.
H. Provisions to conserve energy or to
become energy self-sufficient, considering the
application of current and readily available
technologies for alternate forms of energy and
power generation and recycling, in the
structural designs.
I. Provisions for fire safety measures.
J. Effects on natural resources, habitats
and wildlife.
K. Factors set forth in the guide pub-
lished by the Northwest Inter -Agency Fire
Prevention Group entitled "Fire Safety Con-
siderations for Developments in Forested
Areas."
18.36.060 Dimensional Standards.
In an F-1 Zone, the following dimensional
standards shall apply:
A. 160 acres.
42
0106 1363
B. The minimum average lot width shall
be 150 feet.
C. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 10, 1983)
18.36.070 State Law Controls.
A. Whenever a use allowed by this
section conflicts with or is prohibited by the
Oregon Forest Practices Act or regulations
promulgated thereunder, state law shall
control.
B. All permit applications shall be
accompanied by a letter of compliance from
the State Board of Forestry indicating that
the proposed use conforms to Board regula-
tions for the affected area.
18.36.080 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 7, 1986)
Chapter 18.40
FOREST USE - F-2 ZONE
Sections:
Uses
18.40.010
Purpose
18.40.020
Uses Permitted Outright
18.40.030
Conditional Uses Permitted
18.40.040
Limitations on Conditional
In an F-2 Zone, the following regulations
shall apply:
18.40.010 Purpose.
The purposes of the F-2 Zone are to con-
serve and protect designated forest lands for
continued commercial growing and harvesting
of timber and the production of wood fiber
and other forest uses; to conserve and protect
watersheds, wildlife habitats and other forest -
associated uses; to protect scenic values; to
provide for agricultural uses; to assure orderly
and planned development of public and
private recreational and other uses which are
compatible with forest use and to minimize
potential hazards or damage from fire, pollu-
tion, erosion or urban development.
18.40.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use, as defined in ORS
215.203(2).
B. Management, propagation orharvest-
ing of a forest product.
C. Utility facilities necessary for public
service, except landfills or commercial facili-
ties for the purpose of generating power for
public use by sale.
43
0106 1364
[D. Dwellings and other buildings, includ-
ing manufactured homes in accordance with
Section 18.116.070, customarily provided in
conjunction with forest uses set forth in
paragraph (B), above, upon approval by the
Planning Director of a forest management
plan.] (Ord. 91-005 § 21, 1991)
E. Dwelling, including manufactured
home subject to Section 18.116.070, and other
buildings customarily provided in conjunction
with forest uses as set forth in paragraph (B),
above, upon approval by the Planning
Director or Hearings Body of a forest
management plan. [Dwellings and other
buildings customarily provided in conjunction
with forest uses set forth in paragraph (B),
above.]
F. Exploration for minerals. (Ord. 91-
002 § 9, 1991)
18.40.030 Conditional Uses Permitted.
A. Manufactured home as a secondary
accessory farm or forest dwelling, subject to
the provisions set forth in Section 18.116.070.
(Ord. 91-005 § 22, 1991)
B. Operations conducted for exploration,
mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 29, 1990)
C. Private parks, playgrounds, hunting
and fishing preserves, campgrounds, motorcy-
cle tracks, rodeo or livestock arenas and other
recreational facilities serving the general
public.
D. Parks, playgrounds, group camping,
or community centers owned and operated by
a government agency or non-profit commun-
ity organization.
E. Personal -use landing strips for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [A personal -use landing strip as used in
this section means an airstrip restricted except
Uses
18.40.050
Limitations on Non -Forest
Residential and Recreational
Uses
18.40.060
Dimensional Standards
18.40.070
Yards and Setback
18.40.080
Stream Setbacks
18.40.090
State Law Controls
18.40.100
Rimrock Setback
In an F-2 Zone, the following regulations
shall apply:
18.40.010 Purpose.
The purposes of the F-2 Zone are to con-
serve and protect designated forest lands for
continued commercial growing and harvesting
of timber and the production of wood fiber
and other forest uses; to conserve and protect
watersheds, wildlife habitats and other forest -
associated uses; to protect scenic values; to
provide for agricultural uses; to assure orderly
and planned development of public and
private recreational and other uses which are
compatible with forest use and to minimize
potential hazards or damage from fire, pollu-
tion, erosion or urban development.
18.40.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use, as defined in ORS
215.203(2).
B. Management, propagation orharvest-
ing of a forest product.
C. Utility facilities necessary for public
service, except landfills or commercial facili-
ties for the purpose of generating power for
public use by sale.
43
0106 1364
[D. Dwellings and other buildings, includ-
ing manufactured homes in accordance with
Section 18.116.070, customarily provided in
conjunction with forest uses set forth in
paragraph (B), above, upon approval by the
Planning Director of a forest management
plan.] (Ord. 91-005 § 21, 1991)
E. Dwelling, including manufactured
home subject to Section 18.116.070, and other
buildings customarily provided in conjunction
with forest uses as set forth in paragraph (B),
above, upon approval by the Planning
Director or Hearings Body of a forest
management plan. [Dwellings and other
buildings customarily provided in conjunction
with forest uses set forth in paragraph (B),
above.]
F. Exploration for minerals. (Ord. 91-
002 § 9, 1991)
18.40.030 Conditional Uses Permitted.
A. Manufactured home as a secondary
accessory farm or forest dwelling, subject to
the provisions set forth in Section 18.116.070.
(Ord. 91-005 § 22, 1991)
B. Operations conducted for exploration,
mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 29, 1990)
C. Private parks, playgrounds, hunting
and fishing preserves, campgrounds, motorcy-
cle tracks, rodeo or livestock arenas and other
recreational facilities serving the general
public.
D. Parks, playgrounds, group camping,
or community centers owned and operated by
a government agency or non-profit commun-
ity organization.
E. Personal -use landing strips for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [A personal -use landing strip as used in
this section means an airstrip restricted except
for aircraft emergencies to use by the owner,
and on infrequent and occasional basis by his
invited guests, and by commercial aviation
activities in connection with agricultural or
forestry operations. No aircraft may be based
on a personal -use landing strip other than
those owned or controlled by the owner of
the airstrip. Exception to the activities per-
mitted 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 Aeronau-
tics Division.]
F. Commercial utility facilities for the
purpose of generating power for public use by
sale.
G. Home occupations carried on by
residents as an accessory use within their
dwelling or other buildings customarily pro-
vided in conjunction with farm or forest use.
H. A facility for the primary processing
of forest products, provided that such facility
is found to not seriously interfere with other
forest and farming practices and is compatible
with forest and 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 porta-
ble or temporary in nature. The primary
processing of a forest product, as used in this
section, means the use of a portable chipper
or stud mill or other method of initial treat-
ment of a forest product in order to enable its
shipment to market. Forest products, as used
in this section, means timber grown upon a
parcel of land or contiguous land where the
primary processing facility is located.
I. Stables and the boarding of horses
for profit.[, stables and dude ranches.]
I Single-family dwelling or a manufac-
tured home in accordance with Section
18.116.070, not provided in conjunction with
forest or farm use. [partitions, planned devel-
opments and subdivisions in accordance with
the terms of this ordinance and Deschutes
44
0106 1065
County Code Title 17, the Subdivision/
Partition Ordinance, and policies set forth by
the Comprehensive Plan.] (Ord. 91-005 § 23,
1991)
K. Destination resorts.
L. Landfills when a written tentative
approval by DEQ is submitted with the condi-
tional use application.
(Mobile homes in accordance... repealed
by Ord. 91-005 § 24, 1991)
M. Time-share unit or the creation
thereof. (Ord. 83-033 § 3, 1983; Ord. 84-015
§ 2, 1984)
N. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 9, 1986)
O. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete, when such uses are in con-
junction with the maintenance or construction
of public roads or highways. (Ord. 90-014 §
36, 1990;)
P. Dude ranch.
Q. Partition, planned development or
subdivision in accordance with the terms of
this ordinance; Deschutes County Code Title
17, the Subdivision/Partition Ordinance and
the Comprehensive Plan.
18.40.040 Limitations on Conditional
Uses.
The following limitations shall apply to
conditional uses permitted by this section:
A. Conditional uses permitted by this
section may be established on non-productive
timber lands upon a finding by the Planning
Director or Hearings Body [Officer] that each
such use:
a. is consistent with farm and forest
uses, and is consistent with the intent and
purposes set forth in the State Forest Prac-
tices Act, the Comprehensive Plan and this
ordinance.
b. does not interfere with accepted
forest management practices and farming uses
on adjacent lands devoted to farm and forest
use.
C. does not alter the stability of the
overall land use pattern of the area.
d. is situated upon land generally
unsuitable for timber production and the
production of farm crops and livestock, con-
sidering terrain, adverse soil or land condi-
tions, drainage and flooding, vegetation and
location and size of tract.
e. does not constitute an unnecessary
fire hazard, and provides for at least a mini-
mum of fire safety measures in planning,
design, construction and operation.
18.40.050 Limitations on Non -Forest
Residential and Recreational
Uses.
In addition to other standards and condi-
tions set forth in this chapter, the following
factors shall be considered [limitations shall
be applied] in the evaluation of an application
for a use permitted by Section 18.40.030(J),
above.
A. The dwelling shall not be located
within one mile of a primary forest product
processing facility or within one-quarter mile
of commercial forest or agricultural lands not
owned by the applicant.
B. Provision is made for a buffer
between commercial forest or agricultural
lands and the proposed use.
C. Immediate and future impact on
public services, existing road systems and
traffic demands, and fire protection systems.
D. Soil type and its development limita-
tions, including susceptibility to slides,
erosion, flooding, and drainage, and provi-
sions to minimize possible adverse effects
resulting therefrom.
E. Effects on forest or timber and
forage agricultural productivity including the
production of any usable forest or agricultural
product which requires open space and a non-
urban environment.
F. Density of development shall be
designed to minimize adverse effects on
terrain, slope and ground cover and shall be
in compliance with applicable Comprehensive
Plan policies.
45
0106 1366
G. Development and density shall be
compatible with existing land use pattern
providing the Comprehensive Plan does not
indicate a future zone change for the existing
pattern.
H. An adequate quantity and quality of
water, either subsurface or other sanitary
disposal systems and adequate provisions for
solid waste disposal.
I. Provisions to conserve energy or to
become energy self-sufficient, considering the
application of current and readily availability
technologies for alternate forms of energy and
power generation and recycling, in the struc-
tural designs.
J. Provisions for fire safety measures.
K. Effects on natural resources, habitats
and wildlife.
L. Factors set forth in the guide pub-
lished by the Northwest Inter -Agency Fire
Prevention Group entitled "Fire Safety
Considerations for Developments in Forested
Areas."
18.40.060 Dimensional Standards.
In an F-2 Zone, the following dimensional
standards shall apply:
A. Lot Area. Every lot or land parcel
approved pursuant to Section 18.40.030(Q),
above, except planned developments, shall
have a minimum average width of not less
than 150 feet and an area not less than 40
acres.
B. Density Factor. Planned and cluster
developments shall be allowed an equivalent
density of one unit per 30 acres.
C. Except as otherwise required by this
section, minimum lot sizes for uses permitted
in this section shall be as determined by the
Planning Director or Hearings Body [Officer]
to be necessary for the protection of public
health, the objectives of this chapter and
applicable state and Comprehensive Plan
policies.
18.40.070 Yards and Setback.
A. The front yard setback shall be 40
feet from a property line [from the property
line shall be 40 feet for the property] fronting
on a local street, 60 feet from a property line
fronting on a collector right-of-way and 100
feet from a property line fronting on an
arterial.
B. Each side yard setback shall be a
minimum of 25 feet, except a parcel or lot
with a side yard adjacent to forest land shall
have a minimum side yard of 100 feet. [and
for parcels or lots with side yards adjacent to
forest lands, the adjacent side yard shall be a
minimum of 100 feet.]
C. Rear yards shall be a minimum of 25
feet, except parcels or lots with rear yards
adjacent to forest land shall have a minimum
rear yard of 100 feet. [for parcels or lots with
rear yards adjacent to forest lands, said side
yard setbacks shall be a minimum of 100
feet.]
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 11, 1983)
18.40.080 Stream Setbacks.
All sewage disposal installations, such as
outhouses, septic tanks and drainfield systems
shall be set back from the ordinary high water
[line or] mark along all streams and lakes a
minimum of 100 feet, measured at right
angles to the ordinary high water [line or]
mark. All structures, buildings or similar
permanent fixtures shall be set back from the
ordinary high water [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.40.090 State Law Controls.
A. Whenever a use allowed by this
section conflicts with or is prohibited by the
Oregon Forest Practices Act or regulations
promulgated thereunder, state law shall con-
trol.
B. Every permit application shall be
accompanied by a letter of compliance from
the State Board of Forestry indicating that
the proposed use conforms to Board regula-
tions for the affected area.
46
0106 136'7'
18.40.100 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 8, 1986)
Chapter 18.44
FOREST USE - F-3 ZONE
Sections:
18.44.010
Purpose
18.44.020
Uses Permitted Outright
18.44.030
Conditional Uses Permitted
18.44.040
Limitations on Conditional
Uses
18.44.050
Limitations on Non -Forest
Residential and Recreational
Uses
18.44.060
Dimensional Standards
18.44.070
Yards and Setbacks
18.44.080
Stream Setbacks
18.44.090
State Law Controls
18.44.100
Rimrock Setback
In an F-3 Zone, the following regulations
shall apply:
18.44.010 Purpose.
The purposes of the F-3 Zone are to con-
serve and protect designated forest lands for
small commercial woodlot operations; to
conserve and protect watersheds, wildlife
habitats, and other forest associated uses; to
protect scenic values; to provide for agricul-
tural uses; to assure orderly and planned
development of public and private recrea-
tional and other uses which are compatible
with forest use and to minimize potential
hazards or damage from fire, pollution,
erosion or urban development.
18.44.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use, as defined in ORS
215.203(2).
B. Management, propagation orharvest-
ing of a forest product.
C. Utility facilities necessary for public
service, except landfills or commercial facili-
ties for the purpose of generating power for
public use by sale.
47
0106 1368
[D. Dwellings and other buildings, includ-
ing manufactured homes in accordance with
Section 18.116.070, customarily provided in
conjunction with forest uses set forth in
paragraph (B), above, upon approval by the
Planning Director of a forest management
plan.] (Ord. 91-005 § 26, 1991)
E. Dwelling, including manufactured
home in accordance with Section 18.116.070,
and other buildings customarily provided in
conjunction with forest uses as specified in
paragraph (B), above, upon approval by the
Planning Director or Hearings Body of a
forest management plan. [Dwellings and
other buildings customarily provided in con-
junction with forest uses set forth in para-
graph (B), above.]
F. Exploration for minerals. (Ord. 91-
002 § 10, 1991)
18.44.030 Conditional Uses Permitted.
A. Manufactured home as a secondary
accessory farm or forest use dwelling, subject
to the provisions of Section 18.116.070. (Ord.
91-005 § 27, 1991)
B. Operations conducted for exploration,
mining and processing of geothermal
resources as defined by ORS 522.005; explo-
ration and extraction of natural gas or oil;
surface mining mineral and aggregate
resources exclusively for on-site personal,
farm or forest use, or in conjunction with
maintenance of irrigation canals. (Ord. 90-
014 § 30, 1990)
C. Private parks, playgrounds, hunting
and fishing preserves, campgrounds and other
commercial recreational facilities serving the
general public.
D. Parks, playgrounds, campgrounds,
group camping or community centers owned
and operated by a governmental agency or
non-profit community organizations.
E. Personal -use landing strip for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [A personal -use landing strip as used in
this section means as airstrip restricted except
for aircraft emergencies to use by the owner
and on an infrequent and occasional basis by
his invited guests, and by commercial aviation
activities in connection with agricultural or
forestry operations. No aircraft may be based
on a personal -use landing strip other than
those owned or controlled by the owner of
the airstrip. Exception to the activities per-
mitted under this definition may be granted
through waiver action by the Aeronautics
Division in specific instances. A personal -use
airport lawfully existing as of September 1,
1975, shall continue to be permitted subject to
any applicable regulations of the Aeronautics
Division.]
F. Commercial utility facilities for the
purpose of generating power for public use by
sale.
G. Home occupations carried on by
residents as an accessory use within their
dwelling or other buildings customarily pro-
vided in conjunction with farm or forest use.
H. A facility for the primary processing
of forest products, provided that such facility
is found to not seriously interfere with other
forest and farming practices and is compatible
with forest and farm uses. 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 this section, means the use of a porta-
ble chipper or stud mill or other method of
initial treatment of a forest product in order
to enable its shipment to market. Forest
products, as used in this section, means
timber grown upon a parcel of land or contig-
uous land where the primary processing
facility is located.
I. Stables and the boarding of horses
for profit.[, stables and dude ranches.]
J. Single-family dwelling, including [or]
manufactured home subject to [in accordance
with] Section 18.116.070, not provided in con-
junction with forest or farm use.[; partitions,
planned developments and subdivisions in
accordance with the terms of this ordinance
and County Ordinance PL -14, and policies set
0106 1369
forth by the Comprehensive Plan.] (Ord. 91-
005 § 28, 1991)
K. Destination resorts.
L Cluster developments.
M. Landfills when a written tentative
approval by the DEQ of the site is submitted
with the conditional use application.
N. Time-share unit or the creation
thereof. (Ord. 83-033 § 4, 1983)
O. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 10, 1986)
P. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete, when such uses are in con-
junction with the maintenance or construction
of public roads or highways. (Ord. 90-014 §
37, 1990)
Q. Dude ranch.
R. Partition, planned development or
subdivision in accordance with the terms of
this ordinance; Deschutes County Code Title
17, the Subdivision/Partition Ordinance and
the Comprehensive Plan.
18.44.040 Limitations on Conditional
Uses.
Conditional uses permitted by this section
may be established on non-productive timber
lands upon findings by the Planning Director
or Hearings Body that each such use: [The
following limitations shall apply to conditional
uses permitted by this section.
A. Conditional uses permitted by this
section may be established on non-productive
timber lands upon a finding by the Hearings
Officer that each such use:]
A[a]. Is consistent with farm and forest
uses, and is consistent with the intent and
purposes set forth in the State Forest
Practices Act, the Comprehensive Plan and
this ordinance.
B[b]. Does not interfere with accepted
forest management practices and farming uses
on adjacent lands devoted to farm and forest
use.
C[c]. Does not alter the stability of the
overall land use pattern of the area.
D[d]. Is situated upon generally unsuitable
land for timber production and the
production of farm crops and livestock, con-
sidering the terrain, adverse soil or land
conditions, drainage and flooding, vegetation
and location and size of tract.
18.44.050 Limitations on Non -Forest
Residential and Recreational
Uses.
In addition to other standards and condi-
tions set forth in this chapter, the following
factors shall be considered [limitations shall
be applied] in the evaluation of an application
for a use permitted by Section 18.44.030(J),
above.
A. The dwelling shall not be located
within one mile of a primary forest product
processing facility or within one-quarter mile
of commercial forest or agricultural lands not
owned by the applicant.
B. Provision is made for a buffer
between commercial forest or agricultural
lands and the proposed use.
C. Immediate and future impact on
public services, existing road systems and
traffic demands and fire protection systems.
D. Soil type and its development limita-
tions, including susceptibility to slides,
erosion, flooding and drainage and provisions
to minimize possible adverse effects resulting
therefrom.
E. Effects on forest or timber and
forage agricultural productivity including the
production of any other usable forest or
agricultural product which requires open
space and a non -urban environment.
F. Density of development shall be
designed to minimize adverse effects on
terrain, slope and ground cover and shall be
in compliance with applicable Comprehensive
Plan policies.
G. Development and density shall be
compatible with the existing land use pattern
providing the Comprehensive Plan does not
49
0106 13'70
indicate a future zone change for the existing
pattern.
H. An adequate quantity and quality of
water, either subsurface or other sanitary
disposal systems and adequate provisions for
solid waste disposal.
I. Provisions to conserve energy or to
become energy self-sufficient, considering the
application of current and readily available
technologies for alternate forms of energy and
power generation and recycling, in the
structural designs.
J. Provisions for fire safety measures.
K. Effects on natural resources, habitats
and wildlife.
L. Factors set forth in the guide pub-
lished by the Northwest Inter -Agency Fire
Prevention Group entitled "Fire Safety Con-
siderations for Development in Forested
Areas."
(A mobile home shall not be permitted as a
non-farm or non -forest residence... repealed
by Ord. 91-005 § 29, 1991)
18.44.060 Dimensional Standards.
In an F-3 Zone, the following dimensional
standards shall apply:
A. Lot Area. 20 acres, except that
destination resorts shall be allowed to
proceed according to the density standard
contained in Section 18.128.040(S)(d).
B. Minimum average lot width shall be
150 feet.
C. Density Factor. Planned and cluster
developments shall be allowed an equivalent
density of one unit per 15 acres.
D. Except as otherwise required by this
section, minimum lot sizes for uses permitted
in paragraph (C), above, shall be as deter-
mined by the Planning Director or Hearings
Body [Officer] to be necessary for the protec-
tion of public health, safety and welfare, the
objectives of this section and applicable state
and Comprehensive Plan policies.
18.44.070 Yards and Setbacks.
A. The front yard setback shall be 40
feet from a property line [from the property
line shall be 40 feet for property] fronting on
a local street, 60 feet from a property line
fronting on a collector right-of-way and 100
feet from a property line fronting on an
arterial.
B. Each side yard setback shall be a
minimum of 25 feet, except a parcel or lot
with a side yard adjacent to forest land shall
have a minimum side yard of 100 feet. [and
for parcels or lots with side yards adjacent to
forest lands, the adjacent side yard shall be a
minimum of 100 feet.]
C. Rear yards shall be a minimum of 25
feet, except parcels or lots with rear yards
adjacent to forest land shall have a minimum
rear yard of 100 feet. [for parcels or lots with
rear yards adjacent to forest lands, said rear
yard setback shall be a minimum of 100 feet.]
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 12, 1983)
18.44.080 Stream Setbacks.
All sewage disposal installations, such as
outhouses, septic tanks and drainfield systems,
shall be set back from the ordinary high water
[line or] mark along all streams and lakes a
minimum of 100 feet, measured at right
angles to the ordinary high water [line or]
mark. All structures, buildings or similar
permanent fixtures shall be set back from the
ordinary high water [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.44.090 State Law Controls.
A. Whenever a use allowed by this
section conflicts with or is prohibited by the
Oregon Forest Practices Act or regulations
promulgated thereunder, State law shall
control.
B. Every permit application shall be
accompanied by a letter of compliance from
the state Board of Forestry indicating that the
proposed use conforms to Board regulations
for the affected use.
50
0106.13'71
18.44.100 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 9, 1986)
Chapter 18.48
OPEN SPACE AND CONSERVATION
OS&C ZONE
Sections:
18.48.010
Purpose
18.48.020
Uses Permitted Outright
18.48.030
Conditional Uses Permitted
18.48.040
Dimensional Standards
18.48.050
Setbacks
18.48.060
Limitations on Conditional
Uses
In an OS&C Zone, the following regulations
shall apply:
18.48.010 Purpose.
The purpose of the Open Space and
Conservation Zone is to protect designated
areas of scenic and natural resources; to
restrict development from areas with fragile,
unusual, or unique qualities; to protect and
improve the quality of the air, water and land
resources and to plan development that will
[so as to] conserve open space.
18.48.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use as defined in ORS
215.203(2).
B. Public and non-profit agencies,
museums and exhibits.
C. Public wildlife reserve or
management area.
D. Public parks, playgrounds and
recreational areas.
18.48.030 Conditional Uses Permitted.
A. Commercial, private picnic or camp-
grounds.
B. Commercial, private group camping
facility.
C. Utility facility except landfills.
D. Public or private golf courses.
E. Water supply and treatment facility.
51
0106 13'72
F. Commercial recreation use including
marina, riding stable, destination resort, gun
club, recreation camp, and dude ranch.
G. Public marina, recreation camp or
resort.
H. Public or private rockhound sites.
18.48.040 Dimensional Standards.
In an OS&C Zone, the following dimen-
sional standards shall apply:
A. The minimum lot size shall be that
determined by the County Sanitarian to be
necessary for the protection of public health
and natural resources.
18.48.050 Setbacks.
A. Minimum setbacks shall be 60 feet
from an arterial or collector street or road
right-of-way and 20 feet from a street within
a [duly] platted and recorded subdivision.
B. The setback from a perennial stream
or lake ordinary high water mark shall be a
minimum of 200 feet, and from an intermit-
tent stream channel, 100 feet.
C. Each side setback shall be a minimum
of 15 feet, except on a corner lot it shall be
30 feet from the street side.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 13, 1983)
E. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 10, 1986)
18.48.060 Limitations on Conditional
Uses.
The following limitations shall apply to a
conditional use in an OS&C Zone:
A. An application for a conditional use
in an OS&C Zone may be denied if, in the
opinion of the Planning Director or Hearings
Body [Officer], the proposed use is not
related to or sufficiently dependent upon the
recreational resources of the area.
B. The Planning Director or Hearings
Body [Officer] may require establishment and
maintenance of fire breaks, the use of fire
resistant materials in construction and
landscaping, or attach other similar conditions
or limitations that will reduce fire hazards or
prevent the spread of fire to surrounding
areas.
C. The Planning Director or Hearings
Body [Officer] may limit changes in the
natural grade of land, or the alteration,
removal or destruction of natural vegetation
to prevent or minimize erosion, pollution or
degradation of the natural attractiveness of
the area.
D. An application for a conditional use
in an OS&C Zone shall be denied if, in the
opinion of the Planning Director or Hearings
Body [Officer], the proposed use would
exceed the carrying capacity of the area or
would be detrimental to the natural features
or resources of the area.
E. An application for a conditional use
in an OS&C Zone shall be denied if not in
compliance with the Comprehensive Plan.
52
0106 13'73
Chapter 18.52
SURFACE MINING - SM ZONE
Sections:
18.52.010
Purpose
18.52.020
Application of Ordinance
18.52.030
Uses Permitted Outright
18.52.040
Uses Permitted Outright
Subject to Site Plan Review
18.52.050
Conditional Uses Permitted
18.52.060
Dimensional Standards
18.52.070
Site Plan Review
18.52.080
Site Plan Application
18.52.090
Minimum Use Setbacks
18.52.100
Procedure Upon Filing of Site
Plan
18.52.110
General Operation Standards
18.52.120
Partial Approval
18.52.130
Site Reclamation Plan
18.52.140
Conditional Use Criteria
18.52.150
Failure to Comply
18.52.160
Pre -Existing Sites,
Nonconforming Sites and
Registration
18.52.170
Use Permits
18.52.180
Monitoring
18.52.190
Nuisances
18.52.200
Termination of the Surface
Mining Zoning and
Surrounding Surface Mining
Impact Area Combining Zone
In an SM Zone, the following regulations
shall apply:
18.52.010 Purpose.
The purposes of the Surface Mining Zone
are:
A. To implement the goals and policies
of the Comprehensive Plan;
B. To allow the development and use of
identified deposits of mineral and aggregate
resources consistent with Statewide Planning
Goal 5;
C. To protect the health and safety of
the public and of residents of property adjoin-
ing surface mines, and the value of uses and
53
0106 13'74
natural resources identified in the Compre-
hensive Plan as conflicting with surface mines,
in accordance with Goal 5.
D. To provide that all land and water
resources affected by surface mining opera-
tions within the county receive the protection
and reclamation necessary for their intended
subsequent use.
E. To provide for cooperation between
private parties and governmental entities in
order to carry out the purposes of this ordi-
nance, the Comprehensive Plan and state and
federal regulations. (Ord. 90-014 § 4, 1990)
18.52.020 Application of Ordinance.
Except as provided in Section 18.52.160, the
setbacks, operation standards and conditions
set forth in Sections 18.52.090, 18.52.110 and
18.52.140, respectively, apply to every surface
mining site and activity to the extent that
setbacks, standards and conditions are not
expressly provided for in the site-specific
ESEE analysis within the surface mining
element of the Comprehensive Plan. When
there is a conflict between the site-specific
ESEE analysis and the provisions of this ordi-
nance, the site-specific ESEE analysis shall
control. (Ord. 90-014 § 4, 1990)
18.52.030 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: [The following uses
are permitted outright without site plan
review:]
A. Farm uses as defined in this ordi-
nance.
B. Forest uses as defined in this ordi-
nance.
C. One temporary or portable residence
when necessary to house a caretaker or a
night watchman. (Ord. 90-014 § 4, 1990; Ord.
86-059 § 1, 1986)
18.52.040 Uses Permitted Outright
Subject to Site Plan Review.
The following uses are permitted outright
subject to site plan review as provided in this
Section:
A. Extraction of minerals.
B. Stockpiling and storage of minerals.
C. Screening, washing and sizing of
minerals.
D. Sale of minerals and mineral products
extracted and produced on the parcel or
contiguous parcels in the same ownership.
E. Buildings, structures, apparatus,
equipment and appurtenances necessary for
the above uses to be carried on. (Ord. 90-014
§ 4, 1990)
18.52.050 Conditional Uses Permitted.
A. The following uses are permitted
subject to the conditions set forth in Chapter
18.128:
a. Public uses consistent with or depen-
dent upon outright uses allowed in the SM
zone.
b. Operations and exploration of geo-
thermal resources.
B. The following uses are permitted
subject to site plan review and the setbacks,
standards and conditions set forth in Section
18.52.090, 18.52.110 and 18.52.140, respec-
tively, and are not subject to the conditions in
Chapter 18.128:
a. Expansion or replacement of a pre-
existing legal dwelling.
b. Crushing of mineral and aggregate
materials on sites designated for crushing in
the ESEE analysis in the surface mining
element of the Comprehensive Plan.
C. Sale of minerals and mineral products
extracted or produced on parcels other than
the subject parcel or contiguous parcels in the
same ownership.
d. Batching and blending of mineral and
aggregate into asphaltic concrete or portland
cement concrete. (Ord. 90-014 § 4, 1990)
54
0106 13'5
18.52.060 Dimensional Standards.
In the SM Zone, no existing parcel shall be
reduced in size and no additional parcels shall
be created by partition, subdivision or other-
wise. (Ord. 90-014 § 4, 1990)
18.52.070 Site Plan Review.
Site plan review and final approval of a site
plan shall be required before the commence-
ment of any use which requires site plan
review under Section 18.52.040 and
18.52.050(B), and before any expansion of a
pre-existing or nonconforming site under
Section 18.52.160. (Ord. 90-014 § 4, 1990)
18.52.080 Site Plan Application.
The applicant shall submit the following
information for site plan review and approval:
A. An application in a format estab-
lished by the county and satisfying all require-
ments of the County Uniform Land Use
Action Procedures Ordinance.
B. All information required for a site
reclamation plan by DOGAMI.
C. A map or diagram showing that all
minimum use setbacks required in Section
18.52.090 are met.
D. A description of how all operation
standards set forth in Section 18.52.110 are
met.
E. A description of all potential impacts
of the mining activities identified by the
ESEE analysis for the specific site and how
those impacts are addressed. (Ord. 90-014 §
4, 1990)
18.52.090 Minimum Use Setbacks.
A. Except as otherwise provided in this
section, all surface mining activities and uses,
including structures, shall be located and
conducted at least 250 feet from a noise -
sensitive or dust -sensitive use or structure.
Exceptions to this standard shall be allowed
for the following:
a. Access roads approved as part of site
plan review.
b. Dwellings located on the parcel on
which the surface mining is to occur, includ-
ing replacements or expansions thereof.
C. Pursuant to a written agreement for
a lesser setback made between the owner of
the noise -sensitive or dust -sensitive use or
structure located within 250 feet of the pro-
posed surface mining activity and the owner
or operator of the proposed surface mine.
Such agreement shall be notarized and
recorded in the Deschutes County Book of
Records and shall run with the land. Such
agreement shall be submitted and considered
at the time of site plan review or site plan
modification.
B. Storage and processing of mineral
and aggregate material, and storage of
operational equipment which creates noise
and dust, shall not be allowed closer than
one-quarter mile from any noise or dust sensi-
tive use or structure existing on the effective
date of Ordinance No. 90-014, unless the
applicant demonstrates that:
a. Due to the parcel size, topography,
existing vegetation or location of conflicting
uses or resources, there is no on-site location
for the storage and processing of material or
storage of equipment which will have less
noise or dust impact; and
b. All noise control and air quality stan-
dards of this ordinance can be met by the
proposed use for which the exception is
requested.
C. Additional setbacks may be deter-
mined as part of the site reclamation review
process. Additional setbacks also may be
required by DOGAMI. (Ord. 90-014 § 4,
1990)
18.52.100 Procedure Upon Filing of
Site Plan.
A. Each application for site plan review
and approval shall be processed in accordance
with Deschutes County Code Title 22, the
Uniform Development Procedures Ordinance.
B. The Planning Director or hearings
body shall review the site plan application and
shall grant or deny site plan approval based
0106 1376
on the proposed site plan's conformance with
the ESEE analysis for the site contained in
the surface mining element of the Compre-
hensive Plan and the applicable setbacks,
standards and conditions set forth in Sections
18.52.090, 18.52.110 and 18.52.140, respec-
tively. The Planning Director or Hearings
Body may require the applicant to make such
modifications to the site plan as are necessary
to fulfill the requirements of the site-specific
ESEE analysis and the applicable setbacks,
standards and conditions in this ordinance.
The Planning Director or Hearings Body shall
not deny site plan approval unless the re-
quirements of the ESEE analysis and set-
backs, standards and conditions of this ordi-
nance are not or cannot be satisfied by the
proposed site plan.
C. To the extent practicable, the Plan-
ning Director or Hearings Body shall review
the site plan application in conjunction with
the review of the applicant's site reclamation
plan by DOGAMI. (Ord. 90-014 § 4, 1990)
18.52.110 General Operation Standards.
Prior to the commencement of any surface
mining activity, and no later than site plan
review if such review is required under this
Section, the applicant shall demonstrate that
the following standards are or can be met by
the surface mining operation:
A. Access.
a. All on-site roads used in the mining
operation, and access roads from the site to a
public road maintained by a government
agency, are designed and constructed to
accommodate the vehicles and equipment
which will use them, and shall meet the
following minimum standards:
1. All access roads within 100 feet of a
paved county road or state highway are paved
unless the applicant demonstrates that other
methods of dust control, including application
of oil or water, will be implemented in a
manner which provides for the safety and
maintenance of the county road or state
highway.
2. Roads within the surface mining
parcel which are used as part of the surface
mining operation are constructed and main-
tained in a manner by which all applicable
DEQ standards for vehicular noise control
and ambient air quality are or can be satis-
fied.
3. All roads used for mining are paved
and will be adequately maintained at all
points within 250 feet of a dwelling or other
dust -sensitive use existing on the effective
date of Ordinance No. 90-014.
b. Improvements or fees in lieu of
improvements of public roads, county roads
and state highways may be required when the
Planning Director or Hearings Body, in con-
sultation with the appropriate road authority,
determines that the increased traffic on the
roads resulting from the surface mining activ-
ity will damage the road sufficiently to
warrant off-site improvement. If a fee in lieu
of improvements is required, the amount of
the fee shall reflect the applicant's prorata
share of the actual total cost of the capital
expenditure of the road construction or
reconstruction project necessitated by and
benefiting the surface mining operation.
Discounts for taxes and fees already paid for
such improvements, such as road taxes for
vehicles and for property already dedicated or
improved, shall be applied.
B. Screening.
a. The site is screened to meet the stan-
dards specified in paragraph (b) below, unless
one of the exceptions in paragraph (f) below
applies.
b. Performance Standard. When
screening is required by paragraph (a), it
obscures the view of the screened uses from
the protected uses with the methods and to
the extent described in paragraph (e) below.
C. Protected Uses.
1. Noise -sensitive or dust -sensitive uses
existing on the effective date of Ordinance
No. 90-014.
2. Public parks and waysides.
56
0106 1377
3. Frontage on roads designated by the
Comprehensive Plan as collectors, arterials
and highways.
4. Areas zoned Landscape Management
Combining.
5. Those portions of state and federal
scenic waterways from which the surface
mining activity is visible from the perspective
of a person standing at the high water mark
on either bank of the waterway.
d. Screened Uses.
1. All equipment stored on the site.
2. All crushing and processing equip-
ment.
3. All excavated areas except: areas
where reclamation is occurring; roadways
existing on the effective date of Ordinance
No. 90-014; new roadways approved as part of
the site plan; material excavated to create
berms; and material excavated to change the
level of the mining site to an elevation which
provides natural screening.
e. Types of Screening.
1. Natural Screening. Existing vege-
tation or other landscape features which are
located on the surface mining site within 50
feet of the boundary of the site, and which
obscure the view of the screened uses from
the protected uses, shall be preserved and
maintained.
2. Supplied Screening. Supplied vegeta-
tive screening is screening not already existing
and which is added to the site, such as hardy
plant species. Plantings shall not be required
to exceed either a density of six feet on center
or a height of six feet at the commencement
of mining. Supplied earthen screening shall
consist of berms covered with earth and
stabilized with ground cover.
f. Exceptions. Supplied screening shall
not be required when and to the extent that
any of the following circumstances occurs:
1. The natural topography of the site
offers sufficient screening to meet the perfor-
mance standard in paragraph (b).
2. Supplied screening cannot meet the
performance standard in paragraph (b) due to
topography.
3. The applicant demonstrates that
supplied screening cannot reliably be
established or cannot survive for a ten-year
period due to soil, water or climatic condi-
tions.
4. Screened uses that are visible from
the protected uses will be concluded and will
either be removed or reclaimed within 18
months.
5. The surface miner and the owner or
authorized representative of the owner of the
protected use execute and record in the
Deschutes County Book of Records a miti-
gation agreement that waives screening
requirements and describes and adopts an
alternate program or technique.
g. Continued Maintenance. Vegetative
screening shall be maintained and replaced as
necessary to assure the required screening
throughout the duration of the mining activ-
ity.
C. Air Quality. The discharge of con-
taminants and dust created by the mining
operation and accessory uses to mining does
not exceed any applicable DEQ ambient air
quality and emissions standards.
D. Erosion Control. Sedimentation and
erosion resulting from the mining operation
does not affect any perennial stream so as to
violate DEQ's water quality standards.
E. Streams and Drainage. Unless
agreed to, in writing, by the adjoining prop-
erty owner(s), existing natural drainages on
the site are not changed in a manner which
substantially interferes with drainage patterns
on adjoining property or which drains waste
materials or waste water onto adjoining
property or perennial streams. Where the
surface mining site abuts a lake, perennial
stream or other perennial body of water, all
existing vegetation within 100 feet of the
mean high water mark shall be retained
unless mining activity is allowed within this
area by the site-specific ESEE analysis in the
surface mining element of the Comprehensive
Plan.
F. Equipment Removal. All surface
mining equipment and related structures will
57
0106 13'78
be removed from a mining site within 30 days
of completion of all mining and reclamation.
G. Flood Plain. Any mining operations
conducted in a flood plain, as defined in this
ordinance, will satisfy all applicable condi-
tional use criteria of Sections 18.96.030
through 18.96.060.
H. Noise. Noise created by a mining
operation, vehicles, equipment or accessory
uses which is audible off the site does not
exceed DEQ noise control standards, due to
topography or other natural features, or by
use of methods to control and minimize off-
site noise, including, but not limited to:
installation of earth berms; placing equipment
below ground level; limiting hours of opera-
tion; using a size or type of vehicle or equip-
ment which has been demonstrated to meet
applicable DEQ noise control standards;
relocation of access roads, and other
measures customarily used in the surface
mining industry to meet DEQ noise stan-
dards.
I. Hours of Operation.
a. Mineral and aggregate extraction,
processing and equipment operation is limited
to the following operating hours:
1. Surface mining sites located within
one-half mile of any noise -sensitive or dust -
sensitive use or structure existing on the
effective date of Ordinance No. 90-014: 7:00
am to 6:00 pm - Monday through Friday and
8:00 am to 5:00 pm - Saturday
2. All other sites: 7:00 am to 10:00 pm -
Monday through Saturday
b. No surface mining activity will be
conducted on Sundays or the following legal
holidays: New Year's Day, Memorial Day,
July 4th, Labor Day, Thanksgiving Day,
Christmas Day.
J. Drilling and Blasting.
a. Drilling and blasting are allowed
under the site-specific ESEE analysis in the
surface mining element of the Comprehensive
Plan.
b. Drilling and blasting which are to be
conducted within one-half mile of any noise -
sensitive or dust -sensitive use or structure or
agricultural use involving the raising of
animals meet or can meet the following stan-
dards:
1. DEQ noise standards for drilling and
blasting.
2. A plan addressing the potential for
earth movement, flying rocks and other
effects on surrounding uses has been submit-
ted to and approved by the county.
3. Blasting will be restricted to the
hours of 9:00 a.m. to 5:00 p.m., Monday
through Friday, and no blasting will occur on
Saturdays, Sundays or legal holidays identified
in paragraph (I)(b), above.
4. A plan has been submitted to and
approved by the county describing how the
operator will notify the owners and inhabi-
tants of the protected uses identified in para-
graph (J)(b), above, which are located within
one-half mile of the blasting site of proposed
blasting by written notice: (a) delivered in a
manner calculated to be received by each
person entitled to notice at least 48 hours
prior to the time the blasting activity will
occur; (b) containing a statement providing
that the recipient property owner must pro-
vide the notice to tenants and inhabitants on
the subject property; (c) in the case of
ongoing blasting, given at least once each
month and specifying the days and hours that
blasting will occur; and (d) retained by the
operator, along with a list of persons notified,
for at least one year after blasting occurs.
K. Extraction Site Size. The size of the
area in which extraction is taking place as
part of a surface mine does not exceed five
acres. For the purpose of this ordinance, the
extraction site size does not include access
roads, equipment storage areas, processing
equipment sites, stockpiles, areas where
reclamation is in progress and similar acces-
sory uses which are necessary to the mining
operation. An exception to this standard may
be allowed as part of site plan review if the
applicant demonstrates that mining techni-
ques normally associated with the specific
type of mining in question and commonly
0106 13'79
used in the surface mining industry require a
larger extraction site size.
L. Fish and Wildlife Protection.
a. Fish and wildlife values and habitat
required by the site-specific ESEE analysis to
be conserved and protected are conserved and
protected, by use of methods including, but
not limited to: seasonal operations and
access road closures; retention of or creation
of vegetative cover and riparian habitat; and
erection of fencing or other barriers to
protect wildlife from steep extraction site
slopes.
b. Mitigation, as defined in this ordi-
nance, will be provided to compensate for any
loss of fish and wildlife habitat caused by the
surface mining activity which habitat is
required to be protected by the site-specific
ESEE analysis. When mitigation is provided,
the type and effectiveness of mitigation
required has been determined by the Planning
Director or Hearings Body to be appropriate,
from available evidence and, in consultation
with the Oregon Department of Fish and
Wildlife.
M. Surface water management is pro-
vided in a manner which meets all applicable
DEQ water quality standards and DOGAMI
requirements, and which demonstrates that all
water necessary for the proposed operation of
the surface mine, including dust control,
landscaping and processing of material, has
been appropriated to the surface mining site
and is legally available for such use. The
applicant must provide written documentation
of any water rights from the respective water
district and Oregon Watermaster's office
prior to any mining of the site.
N. Storage of equipment, structures and
other materials at the site is limited to that
which is necessary and appurtenant to the
mining operation or other uses permitted on
the site.
O. A security plan for the subject site
has been submitted and approved by the
county and, where appropriate, by DOGAMI
which addresses the following issues:
a. lighting;
b. fencing;
C. gates at access points;
d. water impoundments;
e. sloping; and
f. security of vehicles and equipment.
P. All impacts of the mining activities
identified in the ESEE analysis for the speci-
fic site are addressed and have been resolved
at the time of site plan approval or before the
start of mining activity. (Ord. 91-002 § 1,
1991; Ord. 90-014 § 4, 1990)
18.52.120 Partial Approval.
A portion of a parcel may be approved for
surface mining, stockpiles or processing
without site plan review of the entire parcel.
Partial approval shall be granted if the appli-
cant demonstrates that the following criteria
are or can be met:
A. The portion of the parcel receiving
approval can be mined and reclaimed sepa-
rately from the remainder of the site; and
B. The plan for the portion of the site
satisfies all requirements for site plan review;
and
C. All surface mining site plan and
reclamation requirements of the county and
DOGAMI for the approved portion of the
site are completed prior to the start of mining
on the remainder of the property. Initial
seeding in conformance with a reclamation
plan shall be deemed adequate to fulfill the
completion portion of this subsection. (Ord.
90-014 § 4, 1990)
18.52.130 Site Reclamation Plan.
Prior to the start of mining activity, a site
reclamation plan shall be submitted and
approved which demonstrates that the
mineral and aggregate extraction site can be
reclaimed for a subsequent beneficial land use
consistent with the designation of such subse-
quent use in the surface mining element of
the Comprehensive Plan.
A. When a site reclamation plan is
required by DOGAMI, the site reclamation
plan shall be approved by DOGAMT. To the
59
0106 1380
extent practicable, review of the site reclama-
tion plan shall be conducted jointly between
DOGAMI and the county.
B. When a site reclamation plan is not
required by DOGAMI, the site reclamation
plan shall be approved by the county in con-
junction with the site plan review described in
Section 18.52.070. The county shall review
such site reclamation plans for consistency
with the site-specific ESEE analysis in the
surface mining element of the Comprehensive
Plan and the standards and conditions set
forth in Sections 18.52.110 and 18.52.140.
The county also shall follow the applicable
DOGAMI standards and criteria for a site
reclamation plan. (Ord. 90-014 § 4, 1990)
18.52.140 Conditional Use Criteria.
The criteria set forth in this section shall be
the only conditional use criteria applicable to
the surface mining activities described below.
Compliance with these criteria shall be
demonstrated at the time of site plan review.
A. Crushing. When a site has been
designated for crushing of mineral and aggre-
gate materials under the site-specific ESEE
analysis in the surface mining element of the
Comprehensive Plan, the following conditions
apply:
a. If a crusher is to be located less than
one-half mile from a noise -sensitive use or
structure existing on the effective date of
Ordinance No. 90-014, the applicant shall
demonstrate through a noise report from a
qualified, registered sound engineer or simi-
larly qualified professional, that the crusher
can meet all applicable DEQ industrial and
commercial noise control standards as
designed and located, or by methods includ-
ing, but not limited to: modification or
muffling of the crusher; placement of the
crusher below grade or behind berms.
b. If a crusher is to remain on the site
for longer than 60 days in any eighteen -month
period, the applicant shall demonstrate that it
will be screened in accordance with Section
18.52.110(B).
B. Expansion or Replacement of Pre -
Existing Dwelling. The following conditions
apply:
a. The expansion or replacement does
not reduce the amount of mineral and aggre-
gate resource available on the subject site.
b. The replaced dwelling or expansion is
located and designed to minimize the impacts
of the surface mining operation on the
inhabitants of the dwelling.
C. Sale of Products Extracted or Pro-
duced on Parcels Other Than the Subject
Parcel. The following conditions shall apply:
a. The portion of the site where the
products will be stored and sold is at least
one-half mile from a noise or dust -sensitive
use or structure existing on the effective date
of Ordinance No. 90-014.
b. The access from the point where the
products are stored and sold to a public road
is not within one-half mile of any noise or
dust -sensitive use or structure existing on the
effective date of Ordinance No. 90-014.
D. Processing of Aggregate Into Asphal-
tic Concrete or Portland Cement Concrete.
The following conditions shall apply:
a. If the processing operation meets or
can meet all applicable DEQ ambient air
quality standards and emission standards for
asphalt, asphaltic concrete or portland cement
plants.
b. If the processing operation is located
less than one-half mile from a noise -sensitive
use or structure existing on the effective date
of Ordinance No. 90-014, the applicant shall
demonstrate through a noise report from a
qualified, registered sound engineer or simi-
larly qualified professional, that the process-
ing operation can meet all applicable DEQ
noise control standards for industry and com-
merce as designed and located, or by use of
methods including, but not limited to: modi-
fication or muffling of equipment; location of
the processing operation below grade or
behind berms.
C. The point where the vehicles trans-
porting asphalt, portland cement and the raw
materials for such products access a public
0106 1381
road is not within one-half mile of any noise -
sensitive or dust -sensitive use or structure
existing on the effective date of Ordinance
No. 90-014.
d. Processing operations temporarily
located in conjunction with a specific street,
road or highway project will be removed from
the site within 30 days of the completion of
the project. (NOTE: Batch plants are
allowed in industrial zones and may be sited
as part of a limited use combining zone in
conformance with all plan amendment and
zone change requirements of the Comprehen-
sive Plan and zoning ordinance.) (Ord. 91-
002 § 2, 1991; Ord. 90-014 § 4, 1990)
18.52.150 Failure to Comply.
If the Planning Director or designee deter-
mines that surface mining activity which has
received site plan approval is not being con-
ducted in compliance with the setbacks, stan-
dards or conditions set forth in Sections
18.52.090, 18.52.110 and 18.52.140, respec-
tively, or the site plan, the Planning Director
or designee may institute enforcement pro-
ceedings to require such compliance.
Enforcement may include citing for an infrac-
tion, injunction proceedings, and any other
measures permitted under Chapter 18.144.
(Ord. 90-014 § 4, 1990)
18.52.160 Pre-existing Sites,
Nonconforming Sites
and Registration.
A. Except for pre-existing and noncon-
forming sites, this ordinance shall apply to all
surface mining activities which occur on or
after the effective date of Ordinance No. 90-
014.
B. Pre-existing Sites. Mineral and aggre-
gate sites which have a valid DOGAMI
permit or exemption and/or county permit on
the effective date of Ordinance No. 90-014,
and which are zoned SM, are "pre-existing
sites."
C. Nonconforming Sites. Mineral and
aggregate sites which have a valid DOGAMI
permit or exemption and/or county permit on
the effective date of Ordinance No. 90-014,
and which are not zoned SM, are "noncon-
forming sites."
D. Registration. Operators of all pre-
existing and nonconforming sites shall register
the sites with the planning division within one
hundred eighty (180) days of the effective
date of Ordinance No. 90-014. The registra-
tion shall include a copy of the operator's
permit or exemption and a map or legal
description showing the boundaries of the
surface mining area covered by the permit or
exemption.
E. Expansion.
a. Any expansion of the surface mining
activity on a pre-existing site beyond the
boundaries of the surface mining area covered
by the DOGAMI permit or exemption or
county permit, or any surface mining activity
requiring a new DOGAMI or county permit,
shall comply with all applicable requirements
of this ordinance.
b. Any expansion of the surface mining
activity on a nonconforming site beyond the
boundaries of the surface mining area covered
by the DOGAMI permit or exemption or
county permit, or any surface mining activity
requiring a new DOGAMI or county permit,
shall comply with the provisions of Section
18.120.010. (Ord. 90-014 § 4, 1990)
18.52.170 Use Permits.
Following site plan approval and prior to
commencement of any surface mining activ-
ities on the site, the Planning Director or
designee shall physically review the site for
conformance with the site plan. When it is
determined by the Planning Director or
designee that all elements of the approved
site plan required for mining have been com-
pleted and the reclamation plan has received
final approval, the Planning Director or
designee shall issue a use permit. No mining
activity shall commence prior to the issuance
of such use permit. (Ord. 90-014 § 4, 1990)
61
0106 1382
18.52.180 Monitoring.
The Planning Director or designee shall
periodically visit the surface mining site to
monitor the surface mining operation. If the
Planning Director or designee determines that
the operation is not in compliance with the
approved site plan and all setbacks, standards
and conditions set forth in Sections 18.52.090,
18.52.110 and 18.52.140, a citation for an
infraction shall be issued. (Ord. 90-014 § 4,
1990)
18.52.190 Nuisances.
Violations of the surface mining site plan,
or the setbacks, standards and conditions set
forth in Sections 18.52.090, 18.52.110 and
18.52.140, respectively, are hereby declared
nuisances, and abatement action may be
taken as specified in Chapter 18.144. (Ord.
90-014 § 4, 1990)
18.52.200 Termination of the Surface
Mining Zoning and
Surrounding Surface Mining
Impact Area Combining
Zoning.
A. When a surface mining site has been
fully or partially mined, and the operator
demonstrates that a significant resource no
longer exists on the site, and that the site has
been reclaimed in accordance with the
reclamation plan approved by DOGAMI or
the reclamation provisions of this ordinance,
the property shall be rezoned to the subse-
quent use zone identified in the surface
mining element of the Comprehensive Plan.
B. Concurrent with such rezoning, any
surface mining impact area combining zone
which surrounds the rezoned surface mining
site shall be removed. Rezoning shall be
subject to Chapter 18.136 and all other appli-
cable sections of this ordinance, the Compre-
hensive Plan and Deschutes County Code
Title 22, the Uniform Development Proce-
dures Ordinance. (Ord. 90-014 § 4, 1990;
Ord. 86-059 § 1, 1986; Ord. 85-053 § 11, 1986;
Ord. 86-018 § 11, 1986; Ord. 85-002 § 7,1985;
Ord. 83-037 § 14, 1983)
Chapter 18.56
SURFACE MINING IMPACT AREA
COMBINING - SMIA ZONE
Sections:
18.56.010 Purpose
18.56.020 Location
18.56.030 Application of Provisions
18.56.040 Uses Permitted Outright
18.56.050 Conditional Uses Permitted
18.56.060 Dimensional Standards
18.56.070 Setbacks
18.56.080 Use Limitations
18.56.090 Specific Use Standards
18.56.100 Site Plan Review and
Approval Criteria
18.56.110 Abbreviated SMIA Site
Plan Review
18.56.120 Waiver of Remonstrance
18.56.130 Development Agreement and
Performance Bond
18.56.140 Exemptions
18.56.010 Purpose.
The purpose of the SMIA zone is to protect
the surface mining resources of Deschutes
County from new development which conflicts
with the removal and processing of a mineral
and aggregate resource while allowing owners
of property near a surface mining site reason-
able use of their property. (Ord. 90-014 § 5,
1990)
18.56.020 Location.
The SMIA zone shall apply to all property
located within one-half mile of the boundary
of a surface mining zone. However, the
SMIA zone shall not apply to any property
located within an urban growth boundary, city
or other county. The extent and location of
the SMIA zone shall be designated at the
time the adjacent surface mining zone is
designated. (Ord. 90-014 § 5, 1990)
18.56.030 Application of Provisions.
The standards set forth in this chapter shall
apply in addition to those specified in this
RN
0106 1383
ordinance for the underlying zone. If a con-
flict in regulations or standards occurs, the
provisions of this chapter shall govern. (Ord.
90-014 § 5, 1990)
18.56.040 Uses Permitted Outright.
Uses permitted outright shall be those
identified in the underlying zone(s) with
which the SMIA Zone is combined. (Ord. 90-
014 § 5, 1990)
18.56.050 Conditional Uses Permitted.
Uses permitted conditionally shall be those
identified as conditional uses in the under-
lying zone(s) with which the SMIA Zone is
combined and shall be subject to all condi-
tions of the underlying zone(s) as well as the
conditions of the SMIA Zone. (Ord. 90-014
§ 5, 1990)
18.56.060 Dimensional Standards.
In the SMIA Zone, the lot size shall be that
prescribed in the underlying zone. (Ord. 90-
014 § 5, 1990)
18.56.070 Setbacks.
The setbacks shall be the same as those
prescribed in the underlying zone, except as
follows:
A. No noise -sensitive or dust -sensitive
use or structure established or constructed
after the designation of the SMIA Zone shall
be located within 250 feet of any surface
mining zone, except as provided in Section
18.56.130; and (Ord. 90-035 § 1, 1990)
B. No noise -sensitive or dust -sensitive
use or structure established or constructed
after the designation of the SMIA zone shall
be located within one-quarter mile of any
existing or proposed surface mining process-
ing or storage site, unless the applicant
demonstrates that the proposed use will not
prevent the adjacent surface mining operation
from meeting the setbacks, standards and
conditions set forth in Sections 18.52.090,
18.52.110 and 18.52.140, respectively.
C. Additional setbacks in the SMIA
zone may be required as part of the site plan
review under Section 18.56.100, below.
D. An exception to the 250 -foot setback
in paragraph (A), above, shall be allowed
pursuant to a written agreement for a lesser
setback made between the owner of the
noise -sensitive or dust -sensitive use or
structure located within 250 feet of the pro-
posed surface mining activity and the owner
or operator of the proposed surface mine.
Such agreement shall be notarized and
recorded in the Deschutes County Book of
Records and shall run with the land. Such
agreement shall be submitted and considered
at the time of site plan review or site plan
modification. (Ord. No. 90-035 § 2, 1990;
Ord. 90-014 § 5, 1990)
18.56.080 Use Limitations.
No dwellings or additions to dwellings or
other noise -sensitive or dust -sensitive uses or
structures shall be erected in any SMIA Zone
without first obtaining site plan approval
under the standards and criteria set forth in
Sections 18.56.090 through 18.56.120, below.
(Ord. 90-014 § 5, 1990)
18.56.090 Specific Use Standards.
The following standards shall apply in the
SMIA zone:
A. New dwellings, new noise -sensitive
and dust -sensitive uses or structures, and
additions to dwellings or noise and dust -
sensitive uses or structures in existence on the
effective date of Ordinance No. 90-014 which
exceed 10 percent of the size of the existing
dwelling or use, shall be subject to the criteria
established in Section 18.56.100, below. (Ord.
90-014 § 5, 1990)
18.56.100 Site Plan Review and
Approval Criteria.
A. Elements of Site Plan. A site plan
shall be submitted in a form prescribed by the
Planning Director or Hearings Body detailing
the location of the proposed noise sensitive
use, the location of the nearby surface mine
63
0105 1384
zone and operation, if any, and other infor-
mation necessary to evaluate the approval
criteria contained in this section.
B. Site plan review and approval, pur-
suant to the County Uniform Land Use
Action Procedures Ordinance, shall be
required for all uses in the SMIA zone prior
to the commencement of any construction or
use.
C. The Planning Director or Hearings
Body may grant or deny site plan approval
and may require such modifications to the site
plan as are determined to be necessary to
meet the setbacks, standards and conditions
described above.
D. The site plan shall be approved if the
Planning Director or Hearings Body finds that
the site plan is consistent with the site-specific
ESEE analysis in the surface mining element
of the Comprehensive Plan and that the pro-
posed use will not prevent the adjacent
surface mining operation from meeting the
setbacks, standards and conditions set forth in
Sections 18.52.090, 18.52.110 and 18.52.140,
respectively.
E. Public notice shall be as set forth in
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance, except
that in all cases notice of the receipt of an
SMIA application shall be sent to the mine
owners and/or operators whose SM -zoned site
triggered the SMIA review. (Ord. 90-035 §3,
1990; Ord. 90-014 § 5, 1990)
18.56.110 Abbreviated SMIA Site
Plan Review.
A. A new or enlarged noise or
dust -sensitive use to which this section applies
that is at least one quarter mile from an SM
zone and that has at least two dwellings or
other noise or dust -sensitive uses between it
and the SM zone is presumed to meet the
approval criteria set forth in Section
18.56.100(D), above, and shall be processed
under this subsection.
B. Abbreviated SMIA site plan review
shall require the submission of an application
in a form prescribed by the Planning Director
or Hearings Body and such documentation as
is necessary to demonstrate conformance with
paragraph (A), above.
C. Unless the underlying zoning at the
SMIA site would require additional review of
the proposed use for some other land use
permit, abbreviated site plan review shall be
conducted (1) administratively without prior
public notice; (2) with public notice of the
Findings and Decision mailed consistent with
Section 18.56.100(E), above, to all persons
entitled to receive notice; and (3) with an
appeal period and procedures as set forth in
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. Appel-
lants may submit evidence to overcome the
presumption set forth in Section 18.56.110(A)
above. (Ord. 90-035 § 4, 1990; Ord. 90-014 §
5, 1990)
18.56.120 Waiver of Remonstrance.
The applicant for site plan approval in the
SMIA Zone shall sign and record in the
Deschutes County Book of Records a state-
ment declaring that the applicant and his
successors will not now or in the future com-
plain about the allowed surface mining activi-
ties on the adjacent surface mining site.
(Ord. 90-014 § 5, 1990)
18.56.130 Development Agreement
and Performance Bond.
As a condition of site plan approval, the
applicant may be required to execute a devel-
opment agreement with the county and per-
formance bond or other form of security
approved by the county to ensure full and
faithful performance of any improvements
required to meet the setbacks, standards and
conditions set forth above. Any bond shall be
for 110 percent of the dollar amount of the
improvement costs. (Ord. 90-014 § 5, 1990)
18.56.140 Exemptions.
The following shall be exempt from this
section:
A. Uses in the SMIA zone which are not
within one-half mile of any identified resource
64
0106 1385
in the SM zone after all reclamation has
occurred.
B. Continuation and maintenance of a
conforming or nonconforming use established
prior to the effective date of Ordinance No.
90-014.
C. The employment of land for farm or
forest use.
D. Additions to a dwelling existing on
the effective date of Ordinance No. 90-014
which are completely screened from the
surface mining site by the existing dwelling.
(Section 4.110 repealed and replaced by Ord.
90-014 § 5, 1990; 86-053 § 12, 1986; Ord. 86-
018 § 12, 1986; Ord. 85-002 § 8, 1985; Ord.
83-037 § 15, 1983)
Chapter 18.60
RURAL RESIDENTIAL - RR -10 ZONE
Sections:
18.60.010
Purposes
18.60.020
Uses Permitted Outright
18.60.030
Conditional Uses Permitted
18.60.040
Yard and Setback Requirements
18.60.050
Stream Setback
18.60.060
Dimensional Standards
18.60.070
Limitations on Conditional
Uses
18.60.080
Rimrock Setback
In an RR -10 Zone, the following regulations
shall apply:
18.60.010 Purposes.
The purposes of the Rural Residential Zone
are to provide rural residential living environ-
ments; to provide standards for rural land use
and development consistent with desired rural
character and the capability of the land and
natural resources; to manage the extension of
public services; to provide for public review of
non-residential uses; and to balance the
public's interest in the management of com-
munity growth with the protection of indivi-
dual property rights through review proce-
dures and standards.
18.60.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright.
A. A single-family dwelling, or a manu-
factured home in accordance with Section
18.116.070. (Ord. 91-005 § 30, 1991)
(Subdivisions... repealed and renumbered
by Ord. 91-005 § 31, 1991)
B. Utility facility necessary to serve the
area including energy facilities, water supply
and treatment and sewage disposal and treat-
ment.
C. Community center, if shown and
approved on the original plan or plat of the
development.
65
0106 1386
D. Farm use as defined in ORS
215.203(2).
18.60.030 Conditional Uses Permitted.
(Mobile home subdivision... repealed and
renumbered by Ord. 91-005 § 32, 1991)
(Mobile home as a single-family dwelling..
repealed and renumbered by Ord. 91-005 §
32, 1991)
A. Public park, school, playground,
recreation facility or community center owned
and operated by a government agency or non-
profit community organization.
B. Destination resort.
C. Dude ranch.
D. Home occupation.[s carried on by
residents as an accessory use within their
dwelling.]
E. Personal -use landing strip for air-
planes and helicopter pads, including associ-
ated hangar, maintenance and service facili-
ties. [A personal -use landing strip as used in
this section means an airstrip restricted except
for aircraft emergencies to use by the owner,
and on an infrequent and occasional basis by
his invited guests, and by commercial aviation
activities in connection with agricultural or
forestry operations. No aircraft may be based
on a personal -use landing strip other than
those owned or controlled by the owner of
the airstrip. Exception to the activities per-
mitted under this definition may be granted
through waiver action by the Aeronautics
Division in specific instances. A personal -use
airport lawfully existing as of September 1,
1975, shall continue to be permitted subject to
any applicable regulations of the Aeronautics
Division.]
F. Planned development.
G. Cluster development.
H. Recreation -oriented facility requiring
large acreage such as rodeo grounds, off-road
vehicle track or race track.
I. Landfill when a written tentative
approval by DEQ of the site is submitted with
the application.
(Mining mineral resources for personal on-
site use... repealed by Ord. 90-014 § 22,
1990)
J. Cemetery.
K. Time-share unit or the creation
thereof. (Ord. 83-033 § 5, 1983)
L. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 13, 1986)
18.60.040 Yard and Setback
Requirements.
In an RR -10 Zone, the following yard and
setbacks shall be maintained.
A. The front setback shall be a minimum
of 20 feet from a property line fronting on a
local street right-of-way, 30 feet from a prop-
erty line fronting on a collector right-of-way
and 50 feet from an arterial right-of-way.
B. There shall be a minimum side yard
of 10 feet for all uses, except on the street
side of a corner lot the side yard shall be 20
Feet.[, except that a non-residential use adja-
cent to a residential use shall have a mini-
mum side yard of 20 feet.]
C. The minimum rear yard shall be 20
feet.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 16, 1983)
18.60.050 Stream Setback.
To permit better light, air, vision, stream or
pollution control, protect fish and wildlife
areas and to preserve the natural scenic
amenities and vistas along streams and lakes,
the following setback shall apply:
A. All sewage disposal installations, such
as septic tanks or septic drainfield, shall be
set back from the ordinary high water mark
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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
M"
0106 138'7
Director or Hearings Body [Officer] 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 [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.60.060 Dimensional Standards.
In an RR -10 Zone, the following dimen-
sional standards shall apply:
A. Lot Coverage. The main building
and accessory buildings located on any build-
ing site or lot shall not cover in excess of
thirty percent of the total lot area.
B. Building Height. No non-agricultural
building or structure shall be erected or
enlarged to exceed two stories or more than
thirty feet in height.
C. Minimum lot size shall be 10 acres,
except planned and cluster developments shall
be allowed an equivalent density of one unit
per 7.5 acres. Planned and cluster develop-
ments within one mile of an acknowledged
urban growth boundary shall be allowed a
five -acre minimum lot size or equivalent
density.
18.60.070 Limitations on Conditional
Uses.
The following limitations shall apply to uses
allowed by Section 18.60.010:
A. The Planning Director or Hearings
Body [Officer] may require establishment and
maintenance of fire breaks, the use of fire
resistant materials in construction and land-
scaping, or may attach other similar condi-
tions or limitations that will serve to reduce
fire hazards or prevent the spread of fire to
surrounding areas.
B. The Planning Director or Hearings
Body [Officer] may limit changes in the
natural grade of land, or the alteration,
removal or destruction of natural vegetation
in order to prevent or minimize erosion or
pollution.
18.60.080 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 13,
1986)
67
0106 1388
Chapter 18.64
RURAL SERVICE CENTER ZONE
RSC ZONE
Sections:
18.64.010
Purpose
18.64.020
Uses Permitted Outright
18.64.030
Conditional Uses Permitted
18.64.040
Limitations on Uses
18.64.050
Lot Size
18.64.060
Dimensional Standards
18.64.070
Stream Setback
18.64.080
Yards
18.64.090
Off -Street Parkingand Loading
18.64.100
Site Plan Review
18.64.110
Rimrock Setback
In an RSC Zone, the following regulations
shall apply:
18.64.010 Purpose.
The purpose of the Rural Service Center
Zone is to provide standards and review
procedures for concentrations of local
commercial services to meet the needs of
rural residents, as well as limited tourist
commercial services consistent with the main-
tenance of the rural character of the area.
18.64.020 Uses Permitted Outright.
In an RSC Zone, the following uses and
their accessory uses are permitted outright,
subject to the terms of Section 18.64.100:
A. Farming, excluding livestock feed lot
or sales yard, subject to the restrictions in
Section 18.64.040, and hog and mink farms.
B. Single-family residence.[ dwelling, or
a manufactured home in accordance with
Section 18.116.070.1 (Ord. 91-005 § 33, 1991)
C. Retail store, office or service estab-
lishment.
D. Automobile service station.
E. Agriculturally oriented commercial
use.
F. Park, playground or community
building.
G. Church, school or cemetery.
M.
0106 1889
H. Utility facility, except landfills.
I. Television or radio station, trans-
mitter or tower.
J. Restaurant or cocktail lounge.
18.64.030 Conditional Uses Permitted.
A. Commercial residential use.
B. Multi -family dwelling.
C. Tourist or travelers accommodations.
D. Manufactured home park and travel
trailer park. (Ord. 91-005 § 34, 1991)
E. Kennel or animal hospital.
F. Automobile repair garage.
G. Commercial amusement or recreation
establishment.
H. Water supply and treatment facility.
I. Hog and mink farm.
J. Cluster development.
K. Planned development.
L. Home occupation.
M. Time-share unit or the creation
thereof. (Ord. 83-033 § 6, 1983)
N. Shopping complex subject to a master
plan and consistent with the specific use
standards established by Section
18.128.040(T). (Ord. 84-023 § 3, 1984)
18.64.040 Limitations on Uses.
The following limitations shall apply to uses
allowed by Section 18.64.020(A), above:
A. Cows, horses, goats or sheep shall not
be kept on lots having an area less than
20,000 square feet. The total number of all
such animals over the age of six months shall
be limited to the square footage of the lot
divided by 20,000 square feet, which is the
minimum area per animal.[ allowed on a lot
shall be limited to the square footage of the
lot divided by the minimum area required for
each animal as listed below:
Horses .......... 20,000 sq. ft. of area
Cows .......... 20,000 sq. ft. of area
Goats .......... 20,000 sq. ft. of area
Sheep .......... 20,000 sq. ft. of area]
B. The number of chickens, fowl or
rabbits over the age of six months shall not
exceed one for each 500 sq. ft. of land.
C. All livestock shall be located a mini-
mum of 100 feet away from a residential
dwelling on an adjacent lot.
18.64.050 Lot Size.
A. The minimum average width of lots
served by an approved community, municipal
or public water system and an approved
community or public sewage system shall not
be less than 50 feet with a minimum area of
6,000 sq. ft.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public sewage system,
but not served by both, shall not be less than
100 feet with a minimum area of 15,000 sq. ft.
C. The minimum average width of lots
not served by either an approved community,
municipal or public water system or an
approved community or public sewage system
shall be 150 feet with a minimum area of one
acre. Subject to the findings below, the
hearings body may approve a lot area of less
than one acre, but in no case shall a lot area
of less than 20,000 sq. ft. be approved. The
hearings body shall make all of the following
findings:
a. The lot can meet DEQ on-site
sewage disposal rules then in effect;
b. The approval of a smaller lot would
not significantly increase nitrate levels in the
ground water; and
C. The lot shall have a supply of potable
water that would not be affected by the
installation of an on-site sewage system.
(Ord. 85-045 § 1, 1985; Re -adopted by Ord.
86-005 § 1, 1986)
18.64.060 Dimensional Standards.
The following dimensional standards shall
apply in an RSC Zone:
A. Lot Coverage. The main building
and accessory buildings located on any
building site or lot shall not cover more than
thirty percent of the total lot area.
B. Building Height. No building or
structure shall be erected or enlarged to
M'
0106 1390
exceed two stories or more than twenty-five
feet in height, except split-level building,
which may be increased in height to thirty
feet.
18.64.070 Stream Setback.
To permit better light, air, vision, stream or
pollution control, protect fish and wildlife
areas, and to preserve the natural scenic
amenities and vistas along the streams and
lakes, the following setback shall apply:
A. All sewage disposal installations, such
as septic tanks and septic drainfields, shall be
set back from the ordinary high water mark
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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 Direc-
tor or Hearings Body [Officer] 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 [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.64.080 Yards.
A. The minimum front yard shall be 20
feet.
B. The minimum side yard shall be 10
feet, except on the street side of a corner lot
it shall be 20 feet.
C. The minimum rear yard shall be 20
feet.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 17, 1983)
18.64.090 Off -Street Parking and
Loading.
Off-street parking and loading shall be
provided in accordance with the provisions of
Chapter 18.116.
18.64.100 Site Plan Review.
In an RSC Zone, a use permitted outright
shall be subject to the provisions of this
subsection.
A. Before a building may be constructed,
enlarged or substantially altered, a site devel-
opment plan shall be submitted to the Plan-
ning Department.
B. In considering a site plan for a pro-
posed use in an RSC Zone, the Planning
Director or Hearings Body [Officer] shall take
into account the impact of the proposed use
on nearby residential and commercial prop-
erty, the capacity of the street to carry traffic,
and the appearance of the use.
C. The Planning Director or Hearings
Body [Officer] may require as a condition of
approval:
a. An increase in the required lot size.
b. Additional off-street parking.
C. Screening of the proposed use by a
fence or landscaping.
d. Limitations on signs or lighting.
C. Limitation on the number and loca-
tion of curb cuts.
f. Any other conditions considered
necessary to achieve the purpose of this
ordinance.
D. Construction and development of the
site shall conform to an approved site plan.
E. Site plan review procedures shall
conform to Deschutes County Code Title 22,
the Uniform Development Procedures Ordi-
nance. (Ord. 86-032 § 1, 1986)
18.64.110 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 14,
1986)
70
('106 la9i
Chapter 18.68
RURAL SERVICE RESIDENTIAL - M
RSR -M ZONE
Sections:
A.
18.68.010
Purpose
18.68.020
Uses Permitted Outright
18.68.030
Conditional Uses Permitted
18.68.040
Limitations on Uses
18.68.050
Lot Size
18.68.060
Dimensional Standards
18.68.070
Stream Setback
18.68.080
Yards
18.68.090
Off -Street Parking and Loading
18.68.100
Rimrock Setback
In an RSR -M Zone, the following regula-
tions shall apply:
18.68.010 Purpose.
The purpose of the Rural Service
Residential -M Zone is to permit and encour-
age the development of residential uses in the
rural service centers; provide for densities
compatible with a higher level of services
available; allow the opportunity for people to
enjoy life in a more rural environment
without impinging on the rural areas and
assure development compatible with the rural
character of the area.
18.68.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright.
A. Farming, excluding livestock feed lot
or sales yard, subject to the restrictions in
Section 18.68.040, and hog or mink farms.
B. The propagation and harvesting of
forest products.
C. Single-family dwelling.[, or a manu-
factured home in accordance with Section
18.116.070.1 (Ord. 91-005 § 35, 1991)
D. Park, playground or community
building.
E. Utility facility.
F. Church, public school, cemetery.
71
0106 1392
18.68.030 Conditional Uses Permitted.
A.
Two-family dwelling.
B.
Private schools.
(Mobile
home.. . repealed by Ord. 91-005
§ 36, 1991)
C.
Water supply and treatment facility.
D.
Medical clinics.
E.
Sewage disposal and treatment
facility.
F.
Cluster development.
G.
Planned development.
H.
Home occupations.
I.
Time-share unit or the creation
thereof.
(Ord. 83-033 § 7, 1983)
18.68.040 Limitations on Uses.
The following limitations shall apply to uses
permitted by Section 18.68.020(A), above:
A. Cows, horses, goats or sheep cannot
be kept on lots having an area of less than
20,000 sq. ft. The total number of all such
animals over the age of six months shall be
limited to the square footage of the lot
divided by 20,000 square feet, which is the
minimum area per animal. [allowed on a lot
shall be limited to the square footage of the
lot divided by the minimum area required for
each animal as listed below:
Horses ........... 20,000 sq. ft. of area
Cows ............ 20,000 sq. ft. of area
Goats............ 20,000 sq. ft. of area
Sheep............ 20,000 sq. ft. of area]
B. The number of chickens, fowl or
rabbits over the age of six months shall not
exceed one for each 500 sq. ft. of property.
C. All livestock shall be located a mini-
mum of 100 feet away from a residential
building on an adjacent lot.
18.68.050 Lot Size.
A. The minimum average width of lots
served by an approved community, municipal
or public water system and an approved
community or public sewage system shall not
be less than 50 feet with a minimum lot size
of 5,000 sq. ft.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public sewage system,
but not served by both, shall not be less than
100 feet with a minimum lot size of 15,000 sq.
ft.
C. The minimum average width of lots
not served by either an approved community,
municipal, or public water system or by an
approved community or public sewage system
shall be 150 feet with a minimum lot size of
one acre.
18.68.060 Dimensional Standards.
The following dimensional standards shall
apply in an RSR -M Zone:
A. Lot Coverage. The main and acces-
sory buildings located on any building site or
lot shall not cover in excess of thirty percent
of the total lot area.
B. Building Height. No building or
structure shall be erected or enlarged to
exceed two stories or more than twenty-five
feet in height, except split-level buildings,
which may be increased in height to thirty
feet.
18.68.070 Stream Setback.
To permit better light, air, vision, stream or
pollution control, protect fish and wildlife
areas, and preserve the natural scenic ameni-
ties and vistas along streams and lakes, the
following setback shall apply:
A. All sewage disposal installations, such
as septic tanks and septic drainfields, shall be
set back from the [mean] ordinary high water
line [high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water line [high-water line or mark]. In those
cases where practical difficulties preclude the
location of facilities at a distance of 100 feet
and the County Sanitarian finds that a closer
location will not endanger health, the Plan-
ning Director or Hearings Body [Officer] may
permit the location of these facilities closer to
the stream or lake, but in no case closer than
25 feet.
72
0106 1393
B. All structures, buildings or similar
permanent fixtures shall be set back from the
high water line or make along all streams or
lakes a minimum of 100 feet measured at
right angles to the ordinary high water [line
or] mark.
18.68.080 Yards.
A. The minimum front yard shall be 20
feet.
B. The minimum side yard shall be 10
feet, except on the street side of a corner lot,
it shall be 20 feet.
C. The minimum rear yard shall be 20
feet.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 18, 1983)
18.68.090 Off -Street Parking and
Loading.
Off-street parking and loading shall be
provided in accordance with the provisions of
Chapter 18.116.
18.68.100 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 15,
1986)
Chapter 18.72
RURAL SERVICE RESIDENTIAL - 5
RSR -5 ZONE
Sections:
18.72.010
Purpose
18.72.020
Uses Permitted Outright
18.72.030
Conditional Uses Permitted
18.72.040
Limitations on Uses
18.72.050
Lot Size
18.72.060
Other Standards
In an RSR -5 Zone, the following regula-
tions shall apply:
18.72.010 Purpose.
The purpose of the Rural Service Residen-
tial -5 Zone is to maintain the rural character
of the area in the immediate vicinity of a
rural service center while allowing for
increased density because of that proximity,
but assuring densities are compatible with the
services available as well as the land and
natural resources of the area.
18.72.020 Uses Permitted Outright.
The uses and their accessory uses permitted
outright in the RSR -M Zone, subject to the
conditions of Section 18.72.040, below.
18.72.030 Conditional Uses Permitted.
Uses permitted conditionally in an RSR -M
Zone.
18.72.040 Limitations on Uses.
The following limitation shall apply to uses
permitted by Section 18.72.020 above:
A. Cows, horses, goats or sheep cannot
be kept on lots having an area of less than
20,000 sq. ft. The total number of all such
animals (other than their young under the age
of six months) shall be limited to the square
footage of the lot divided by 20,000 square
feet, which is the minimum area per animal.
[allowed on a lot shall be limited to the
square footage of the lot divided by the
minimum area required for each animal as
73
0106 194
listed below:
Horses .......... 20,000 sq. ft. of area
Cows ........... 20,000 sq. ft. of area
Goats........... 20,000 sq. ft. of area
Sheep........... 20,000 sq. ft. of area]
B. The number of chickens, fowl or
rabbits over the age of six months shall not
exceed one for each 500 sq. ft. of land.
C. All livestock shall be located a mini-
mum of 100 feet away from a residential
building on an adjacent lot.
18.72.050 Lot Size.
A. The minimum average width of lots
served by an approved community, municipal
or public water system and an approved
community or public sewage system shall not
be less than 50 feet with a minimum lot size
of 6,000 square feet.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public sewage system,
but not served by both, shall not be less than
100 feet with a minimum lot size of 15,000
square feet.
C. The minimum average width of lots
not served by either an approved community
or public sewage system shall be 150 feet with
a minimum lot size of five acres.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 19, 1983)
18.72.060 Other Standards.
The conditions contained in Sections
18.68.060, 18.68.070, 18.68.080, 18.68.090 and
18.68.100 shall apply in the RSR -5 Zone.
(Ord. 86-053 § 16, 1986)
Chapter 18.76
AIRPORT DEVELOPMENT - A -D ZONE
Sections:
18.76.010
Purpose
18.76.020
Uses Permitted Outright
18.76.030
Conditional Uses
18.76.040
Use Limitations
18.76.050
Dimensional Standards
18.76.060
Stream Setback
18.76.070
Off -Street Parking and Loading
18.76.080
Design and Use Criteria
18.76.090
Additional Requirements
18.76.100
Rimrock Setback
In an A -D zone, the following regulations
shall apply:
18.76.010 Purpose.
The purpose of the Airport Development
Zone is to allow for development compatible
with ongoing airport use consistent with the
Deschutes County Year 2000 Comprehensive
Plan, while providing for public review of
proposed development likely to have signifi-
cant impact on surrounding lands. This zone
is intended to operate as an interim control
until the Board of County Commissioners
adopts a Bend Airport Master Plan or Com-
prehensive Plan.
18.76.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Airport and non-structural uses such
as fuel storage, tie -down areas and parking
facilities.
B. Hangars, aircraft site, sale and repair
facilities and related offices.
18.76.030 Conditional Uses.
A. Farm use.
B. Farm accessory buildings and uses,
excluding residential uses.
C. Utility facility necessary for public
service except landfills.
D. Golf course.
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0106 1395
E. Park, playground, other public recrea-
tion site or facility or community service
facility owned and operated by a government
agency or nonprofit community organization.
F. Restaurant, which may include a bar
or cocktail lounge as an accessory use; one
restaurant per airport; restaurant and acces-
sory use to be 2,500 square feet or less in size.
G. Small-scale aviation related storage.
H. Permitted industrial uses, excluding
planned unit developments for other than
permitted industrial uses, as described in
Chapters 19.64 and 19.68 of Deschutes
County Code Title 19, the Bend Urban
Growth Boundary Zoning Ordinance, as
amended, provided that any such use is com-
patible with airport uses.
18.76.040 Use Limitations.
In an A -D zone, the following limitations
and standards shall apply to all uses:
A. The height of any structure or part of
a structure such as chimneys, towers,
antennas, etc., shall not exceed 35 feet.
B. In approach zones beyond the clear
zone areas, no meeting place designed to
accommodate more than 25 persons for
public or private purposes shall be permitted.
C. All parking demand created by any
use permitted by this section shall be
accommodated on the subject premises
entirely off-street.
D. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right-of-way.
E. There shall be only one ingress and
one egress from uses permitted by this section
per each 800 feet of frontage on an arterial or
per each 300 feet of frontage or collector. If
necessary to meet this requirement, permitted
uses shall provide for shared ingress and
egress.
F. No use permitted by this section that
generates more than 30 truck -trailer or other
heavy equipment trips per day to and from a
subject use shall be permitted to locate on a
lot adjacent to or across a street from a
residential use or lot in a [duly] platted
subdivision, nor shall a residential use or lot
be permitted adjacent to or across the street
from an existing or planned use that is
expected to generate such traffic.
G. No use likely to generate more than
20 auto or truck trips during the busiest hour
of the day to and from the premises shall be
permitted unless served directly by an arterial
or collector, or other improved street or road
designed to serve such traffic. In no case
shall such traffic be permitted to utilize a
street or road which passes through a residen-
tial area.
H. No power lines shall be located in
clear zones and any power line located within
an approach zone shall be in conformance
with designated approach slope ratios con-
tained in Section 18.80.060(B)(a).
I. No use shall be allowed which is
likely to attract an unusual quantity of birds,
particularly birds which normally fly at high
altitudes.
18.76.050 Dimensional Standards.
In an A -D zone, the following dimensional
standards shall apply:
A. The minimum lot size not in a
planned unit development or subdivision shall
be 5 acres, except that in conjunction with a
specific use application, a lot size of not less
than 20 acres may be approved where there is
a showing that the lot requested is the maxi-
mum necessary for the use and reasonably
expected future expansion of the use. The lot
size in a planned unit development or sub-
division shall average at least 20 acres.
B. Lot coverage shall not exceed 70% by
all buildings, storage areas and facilities and
required off-street parking and loading areas.
C. The minimum setback between any
structure and an arterial right-of-way shall be
100 feet. The minimum setback of a
non-residential structure from a collector
right-of-way shall be 50 feet, and from all
local streets the minimum setback shall be 20
feet.
D. The minimum lot frontage shall be
330 feet, except that the minimum lot
75
0106 1396
frontage in a planned unit development or
subdivision shall be 100 feet.
E. The minimum side and rear setback
between any structure and a property line
shall be 50 feet.
18.76.060 Stream Setback.
To permit better light, air, vision, stream or
pollution control, protect fish and wildlife
areas and preserve natural scenic amenities
and vistas along the streams and lakes, all
structures, buildings or similar permanent
fixtures shall be set back from the high-water
line or mark along all streams or lakes a
minimum of 100 feet measured at right angles
to the high-water line or mark.
18.76.070 Off -Street Parking and
Loading.
Off-street parking and loading shall be
provided in accordance with the provisions of
this chapter and Chapter 18.116.
18.76.080 Design and Use Criteria.
The Planning Director or Hearings Body
[Officer] shall take into account the impact of
the proposed conditional use on nearby resi-
dential and commercial uses, on resource
carrying capacities and on the capacity of
transportation and other public facilities and
services. In approving a proposed conditional
use, the Planning Director or Hearings Body
[Officer] shall find that:
A. The proposed use is in compliance
with the Comprehensive Plan.
B. The proposed use is in compliance
with the intent and provisions of this ordi-
nance.
C. That any adverse social, economical,
physical or environmental impacts are mini-
mized.
D. That the proposed use is not sensitive
to noise of the character anticipated by the
current and expected noise level contours of
the airport.
E. That the proposed use is compatible
with adjacent agricultural and residential uses.
F. That there are sufficient public facili-
0106 139'7
ties and services to support the proposed use.
G. 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.
H. That the use shall make the most
effective use reasonably possible of the site
topography, existing landscaping and building
placement so as to preserve existing trees and
natural features, preserve vistas and other
views from public ways, minimize visibility of
parking, loading and storage areas from
public ways and neighboring residential uses,
and minimize intrusion into the character of
existing developments and land uses in the
immediate vicinity of the proposed use.
18.76.090 Additional Requirements.
As a condition of approval of any condi-
tional use proposed within the A -D zone, the
Planning Director or Hearings Body [Officer]
may require:
A. An increase in required setbacks.
B. Additional off-street parking and
loading facilities and building standards.
C. Limitations on signs or lighting, hours
of operation, points of ingress and egress and
building heights.
D. Additional landscaping, screening and
other improvements.
E. Glare -resistant materials in construc-
tion or other methods likely to reduce operat-
ing hazards.
F. Other conditions considered neces-
sary to achieve compliance and policies of the
comprehensive plan. (Ord. 80-221 § 1, 1980)
18.76.100 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 17,
1986)
76
Chapter 18.80
AIRPORT HEIGHT COMBINING
A -H ZONE
Sections:
18.80.010 Purpose
18.80.020 Application of Provisions
18.80.030 Uses Permitted Outright
18.80.040 Uses Permitted Conditionally
18.80.050 Use Limitations
18.80.060 Dimensional Standards
18.80.070 Zoning Permits
18.80.080 Design Review
18.80.090 Septic Permits
In any zone which is a combining A -H
Zone, the requirements and standards of this
section shall apply in addition to those speci-
fied in the ordinance for the underlying zone.
If a conflict in regulations or standards
occurs, the provisions of this section shall
govern.
18.80.010 Purpose.
The purpose of the Airport Height
Combining Zone is to restrict the height of
trees, buildings, structures, or other items
which might intrude into areas used by air-
craft.
18.80.020 Application of Provisions.
The provisions of this section shall apply to
all areas under airport approach surfaces,
transitional surfaces, horizontal surfaces and
conical surfaces.
18.80.030 Uses Permitted Outright.
Uses permitted shall be those identified in
the underlying zone with which the A -H Zone
is combined.
18.80.040 Uses Permitted Conditionally.
Uses permitted conditionally shall be those
identified as conditional uses in the under-
lying zone with which the A -H Zone is com-
bined, and shall be subject to all conditions of
77
0196 1398
the underlying zone as well as the conditions
of the A -H Zone.
18.80.050 Use Limitations.
No use in an A -H Zone shall be allowed
that could reasonably be expected to
endanger the safety of persons in aircraft
passing over the land or persons and property
on the ground. Reasonable conditions to
protect the public safety may be imposed by
the Planning Director or Hearings Body.
18.80.060 Dimensional Standards.
[In an A -H Zone, the following dimensional
standards shall apply:]
A. Minimum lot size and setbacks shall
be those indicated in the underlying zone with
which the A -H Zone is combined.
B. Height Limitations. No structure or
plant growth shall exceed 35 feet in height in
any of the following zones:
a. Utility Runway Visual Approach
Zone. Slopes twenty feet outward for each
foot upward beginning at the end of and at
the same elevation as the primary surface and
extending to a horizontal distance of 5,000
feet along the extended runway centerline.
b. Runway Larger Than Utility With a
Visibility Minimum Greater Than 3/4 Mile
Non -Precision Instrument Approach Zone.
Slopes thirty-four feet outward for each foot
upward beginning at the end of and at the
same elevation as the primary surface and
extending to a horizontal distance of 10,000
feet along the extended runway centerline.
C. Transitional Zones. Slopes seven feet
outward for each foot upward beginning at
the side of and at the same elevation as the
primary surface and approach surface, and
extending to a height of 150 feet above the
airport elevation which is 3,452 feet above
mean sea level. In addition to the foregoing,
there are established height limits sloping
seven feet outward for each foot upward
beginning at the sides of and at the same
elevation as the approach surface, and
extending to where they intersect the conical
surface.
d. Horizontal Zone. Established at 150
feet above the airport elevation or at a height
of 3,602 feet above mean sea level.
e. Conical Zone. Slopes twenty feet
outward for each foot upward beginning at
the periphery of the horizontal zone and at
150 feet above the airport elevation and
extending to a height of 350 feet above the
airport elevation.
f. Where an area is covered by more
than one height limitation, the more restric-
tive shall prevail.
g. The airport owners, or their agents,
shall be permitted at mutually agreed upon
times to enter onto private property to reduce
the height of trees which exceed the height
limitations herein established.
0
0106 1099
Chapter 18.84
LANDSCAPE MANAGEMENT
COMBINING - LM ZONE
Sections:
18.84.010
Purpose
18.84.020
Application of Provisions
18.84.030
Uses Permitted Outright
18.84.040
Uses Permitted Conditionally
18.84.050
Use Limitations
18.84.060
Dimensional Standards
18.84.070
Zoning Permits
18.84.080
Design Review
18.84.090
Septic Permits
In any LM Combining Zone, the require-
ments and standards of this section shall
apply in addition to those specified in this
ordinance for the underlying zone. If a con-
flict in regulation or standards occurs, the
provision of this section shall govern.
18.84.010 Purpose.
The purposes of the Landscape Manage-
ment Combining Zone are to maintain scenic
and natural resources of the designated areas
and to maintain and enhance scenic vistas
important to the local economy.
18.84.020 Application of Provision.
The provisions of this section shall apply to
all areas identified as landscape management
corridors in the Comprehensive Plan or the
county zoning map. The limitations in this
section shall not unduly restrict accepted
agricultural practices.
18.84.030 Uses Permitted Outright.
In a zone with which the LM Zone is com-
bined, the uses permitted shall be those
permitted outright by the underlying zone
with which the LM Zone is combined, subject
to Section 18.84.050, below.
18.84.040 Uses Permitted Conditionally.
In a zone with which the LM Zone is com-
bined, the uses permitted shall be those
79
0106 1400
permitted conditionally by the underlying
zone with which the LM Zone is combined,
subject to Section 18.84.050, below.
18.84.050 Use Limitations.
No structure, including agricultural build-
ings, shall be erected or substantially altered
externally within one-quarter mile (measured
at right angles from centerline of any identi-
fied landscape management roadway or within
200 feet of the ordinary [mean] high water
mark of any identified landscape management
corridor along a river) without first obtaining
the approval of the Planning Director or
Hearings Body.
18.84.060 Dimensional Standards.
In an LM Zone, the following dimensional
standards shall apply:
A. Minimum lot size shall be as estab-
lished in the underlying zone with which the
LM Zone is combined.
B. Setbacks shall be those established in
the underlying zone with which the LM Zone
is combined. If upon written recommenda-
tion from the Planning Director, the Planning
Director or Hearings Body [Officer] finds the
established setbacks inappropriate to carry
out the purpose of the LM Zone, he may
require more or less restrictive dimensions.
18.84.070 Zoning Permits.
All buildings or structures covered by this
section not requiring a building permit shall
be required to obtain a zoning permit before
beginning construction.
18.84.080 Design Review.
In reviewing an application, the Planning
Director or Hearings Body shall consider the
following:
A. Height, width, color, bulk and texture
of the proposed building or structure to
assure that the building or structure is visually
compatible with the surrounding natural land-
scape and does not unduly generate glare or
other distracting conditions.
B. Retention of existing plant material
and natural features [so as] to retain as much
as possible the natural character of the area.
C. Establishment of introduced land-
scape materials to assure compatibility with
existing vegetation, reduce glare, direct auto-
mobile and pedestrian circulation and
enhance the overall appearance of the devel-
opment while not interfering with the views of
oncoming traffic at access points or views of
mountains, forests and other open and scenic
areas as seen from the proposed site.
D. Nothing in the section shall be con-
strued to prevent the use of accepted agricul-
tural practices, crops or equipment or restrict
the construction of innovative residences, i.e.
"dome" houses, except where their design or
siting unduly diminishes the aesthetic qualities
of the area.
E. The placement of on-site sewage
disposal systems shall be subject to joint
review by the Planning Director or Hearings
Body and Deschutes County Environmental
Health Division. The placement of such
systems shall minimize the impact on the
vegetation along the river and shall allow a
dwelling to be constructed on the site as far
from the stream or lake as possible. Sand
filter systems may be required as replacement
systems when this will allow a dwelling to be
located further from the stream or to meet
the 100 -foot setback requirement.
18.84.090 Septic Permits.
Prior to the issuance of any on-site sewage
disposal permit that is to be located in the
Landscape Management Corridor along a
stream or lake, a Landscape Management
Plan shall be approved in accordance with this
section. (Ord. 90-020 § 1, 1990)
:1
0106 1401
Chapter 18.88
WILDLIFE AREA COMBINING
WA ZONE
Sections:
18.88.010
Purpose
18.88.020
Application of Provisions
18.88.030
Uses Permitted Outright
18.88.040
Uses Permitted Conditionally
18.88.050
Use Limitation
18.88.060
Dimensional Standards
In any zone which is a Wildlife Area
Combining Zone (WA), the requirements and
standards of this section shall apply in addi-
tion to those specified in this ordinance for
such underlying zone. If a conflict in regula-
tions or standards occurs, the provisions of
this section shall govern except that the larger
minimum lot size shall always apply.
18.88.010 Purpose.
The purpose of the Wildlife Area
Combining Zone is to conserve important
wildlife areas in Deschutes County; to protect
an important environmental, social, and
economic element of the area; and to permit
development compatible with the protection
of the wildlife resource.
18.88.020 Application of Provisions.
The provisions of this section shall apply to
all areas identified in the Comprehensive Plan
as a winter deer range, antelope range or
riparian area.
18.88.030 Uses Permitted Outright.
In a zone with which the WA Zone is
combined, the uses permitted outright shall
be those permitted outright by the underlying
zone with which the WA Zone is combined.
18.88.040 Uses Permitted Conditionally.
In a zone with which the WA Zone is
combined, the conditional uses permitted
shall be those permitted conditionally by the
RE
0106 1402
underlying zone with which the WA Zone is
combined.
18.88.050 Use Limitation.
All residential, commercial or industrial
developments within the WA Zone shall be a
cluster development (residential only), a
planned development, or a destination resort
and shall conform to the provisions of
Sections 18.128.040(P), (Q) or (R).
18.88.060 Dimensional Standards.
In a WA Zone, the following dimensional
standards shall apply:
A. Minimum lot size shall be 40 acres in
the Metolius and North Paulina and Tumalo
deer winter ranges, except that planned devel-
opments in these areas shall be allowed to
conform to the density of the underlying
zone.
B. Planned or cluster developments shall
have a minimum area of 160 acres. Parcels
existing under single ownership at the time of
adoption of this ordinance that are at least 40
acres in size which may also be considered for
planned or cluster development status.
C. In the Tumalo deer winter range, the
minimum acreage shall be as designated in
the Tumalo winter range study. Planned or
cluster developments in this area shall be at
least 160 acres in size unless a 40 acre or
larger parcel existed under single ownership
at the time of the adoption of this ordinance,
in which case the parcel may be considered
for planned or cluster development status.
D. In the antelope range, the minimum
lot size shall be 320 acres. Planned or cluster
developments shall be 320 acres unless a 40
acre or large parcel existed under single
ownership at the time of the adoption of this
ordinance, in which case the parcel may be
eligible for planned or cluster development
status.
E. In riparian areas, the minimum parcel
size shall be that determined by the County
Sanitarian and Planning Director or Hearings
Body, with advice from the Oregon Fish &
Wildlife Department, necessary to protect the
health and safety of the public as well as fish 0106 1403
and wildlife resources.
F. Setbacks shall be as described in the
underlying zone with which the WA Zone is
combined.
Chapter 18.92
CONVENTIONAL HOUSING
COMBINING - CH ZONE
Sections:
18.92.010 Purpose
18.92.020 Permitted Uses
18.92.030 Use Limitations
In a Conventional Housing Combining
Zone (CH), the requirements and standards
of this section shall apply in additional to
those specified in this ordinance for the
underlying zone. If a conflict in regulations
or standards occurs, the provisions of this
section shall govern.
18.92.010 Purpose.
To provide a variety of residential environ-
ments in rural areas by maintaining areas
reserved for conventional and modular
housing permanently attached to real prop-
erty.
18.92.020 Permitted Uses.
All outright and conditional uses allowed in
the underlying zone except that in no case
shall a housing type be allowed that is other
than conventional or modular housing perma-
nently attached to real property.
18.92.030 Use Limitations.
All use and dimensional conditions con-
tained in the underlying zones shall apply to
the CH Zone.
W
x'100 1404
Chapter 18.96
FLOOD PLAIN - FP ZONE
Sections:
18.96.010
Purposes
18.96.020
Designated Areas
18.96.030
Uses Permitted Outright
18.96.040
Conditional Uses Permitted
18.96.050
Prohibited Uses
18.96.060
Limitations on Conditional
Uses
18.96.070
Application for Conditional Use
18.96.080
Criteria to Evaluate Conditional
Uses
18.96.090
Yard and Setback Requirements
18.96.100
Stream Setback
18.96.110
Dimensional Standards
18.96.120
Warning and Disclaimer of
Liability
18.96.130
Use Variances
18.96.010 Purposes.
The purposes of the Flood Plain Zone are:
to implement the Comprehensive Plan Flood-
ing Section; to protect the public from the
hazards associated with flood plains; to con-
serve important riparian areas along rivers
and streams for the maintenance of the fish
and wildlife resources; and to preserve signifi-
cant scenic and natural resources while bal-
ancing the public interests with those of
individual property owners in the designated
areas. (Ord. 88-030 § 4, 1988)
18.96.020 Designated Areas.
The Flood Plain Zone shall include all areas
designated as 'Base Flood" areas by the Flood
Insurance Study for Deschutes County. When
base flood elevation data has not been pro-
vided in the flood insurance study, the Plan-
ning Division will obtain, review and reason-
ably utilize any base flood elevation or flood -
way data available from federal, state or other
sources, in determining the location of a flood
plain or floodway. (Ord. 88-030 § 4, 1988)
0
0106 1405
18.96.030 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Agricultural use conducted without
establishing or utilizing a structure. For
purposes of this paragraph, a "structure" does
not include a boundary fence as long as such
fence is designed to impede as little as pos-
sible the movement of floodwaters and flood -
carried material.
B. Management, propagation and har-
vesting of a forest product.
C. Open space.
D. Portions of a residential use that do
not contain structures, such as lawn, garden
or play areas. (Ord. 88-030 § 4, 1988)
18.96.040 Conditional Uses Permitted.
A. A roadway, bridge or utility structure,
except a landfill, that will not impede the
waters of a base flood.
B. Incidental storage of material or
equipment that is either not subject to
damage by flood, or is mobile and readily
removable from the area within time available
after flood warning. If such material is not
readily removable, it shall be anchored to
prevent flotation and shall not obstruct water
flow. Material or equipment stored shall
include only items which will not create a
hazard to the health or safety of persons,
property, animals or plant life should the
storage area be inundated.
C. Single-family dwelling, or a manufac-
tured home in accordance with Section
18.116.070, on an individual lot. (Ord. 91-005
§ 37, 1991; Ord. 89-009 § 3, 1989)
D. Agricultural or residential related
accessory buildings.
E. Hydroelectric facilities in accordance
with Sections 18.116.130 and 18.128.040(V).
F. Excavation, grading and fill and
removal in accordance with Sections
18.120.050 and 18.128.040(W).
G. Recreational uses requiring only
structures having an insignificant effect on
flood waters, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic
grounds, boat launchings ramps, swimming
areas, wildlife or nature preserves, game
farms, fish hatcheries, shooting preserves and
hunting or fishing areas.
H. Subdividing or partitioning land in
accordance with the provisions of this ordi-
nance and Deschutes County Code Title 17,
the Subdivision/Partition Ordinance. (Ord.
88-030 § 4, 1988)
I. Expansion or substantial improve-
ment of an existing dwelling, agricultural
related structure or accessory building.
I A boat dock or pier, either individual
or community, on private property which lies
in the following areas:
a. On the Deschutes River between
river miles 226.4 and 224.5. This area is
identified in the Scenic Waterway Manage-
ment Plan as the Wickiup River Community
Area;
b. On the Deschutes River between
river miles 217.5 and 216.5. This Area is
identified in the Scenic Waterway Manage-
ment Plan as the Pringle Falls River
Community Area; and
C. On the Deschutes River between
river miles 207 and 192. This area is identi-
fied in the Scenic Waterway Management
Plan as River Community Areas and Recrea-
tional River Area respectively. (Ord. 89-009
§ 4, 1989)
18.96.050 Prohibited Uses.
Marinas, boat slips and boat houses on
private property. (Ord. 89-009 § 5, 1989)
18.96.060 Limitations on Conditional
Uses.
The following limitations shall apply to all
uses allowed by Section 18.96.040, above:
A. No dwelling units, including manufac-
tured housing, accessory structures [buildings]
and farm use structures, shall be allowed, or
additions to such structures allowed, in the
floodway of any river or stream.
B. No dwelling unit, including manufac-
tured housing, accessory structures and farm
use buildings, shall be located in the flood
99
0106 1406
plain unless it can be demonstrated by the
applicant that no alternative exists on the
subject lot which would allow the structure to
be placed outside of the flood plain.
C. Dwelling units, including manufac-
tured housing, accessory structures and farm
use buildings, shall be allowed only in areas of
shallow flooding.
D. No subdivision or partition shall be
allowed which creates the potential for addi-
tional residential dwelling units in the flood
plain.
E. A land use which would alter or
relocate a water course shall not be allowed.
F. The cumulative effect of any pro-
posed development, when combined with all
other existing and anticipated development,
shall not increase the water surface elevation
of the base flood more than one foot at [in]
any point.
G. Development which involves new
construction or fill or removal in the floodway
shall not be allowed unless a registered pro-
fessional engineer provides certification
[certification by a registered professional
engineer is provided, demonstrating] that the
proposal shall not result in any increase in
flood levels during [occurrence of] a base
flood discharge, that all necessary state and
federal permits have been or can be obtained
and that all other criteria and standards of
this ordinance have been satisfied. (Ord. 88-
030 § 4, 1988)
18.96.070 Application for Conditional
Use.
An application for a conditional use in an
FP Zone shall, at a minimum, contain the
following information:
A. A detailed explanation of why it is
necessary to conduct the proposed use in the
flood plain zone.
B. A site plan, drawn to scale and
accompanied by [such] drawings, sketches and
descriptions which [as are necessary to]
describe and illustrate the proposed use. This
site plan shall include, at a minimum, existing
and proposed site contours in relation to the
base flood elevation, existing and proposed
structures, drainage facilities, and an explana-
tion of how erosion will be dealt with during
and after construction of the use.
C. The location of the property relative
[with regard] to the channel of the river or
stream.
D. The location of existing and proposed
diking or abutments, if any.
E. The level of the lowest habitable
floor and of any basement floor, for any
dwelling unit or structure.
F. The level to which the structure is to
be floodproofed, if applicable.
G. Elevations on the site plan shall be
established by a licensed surveyor or engineer,
and shall be in relation to mean sea level.
H. Certification by a registered profes-
sional engineer or architect that the flood -
proofing methods for any structure meet the
floodproofing criteria established by the
Federal Emergency Management Agency and
those set forth in this subsection.
I. A description of the extent to which
the watercourse will be altered or relocated as
a result of the proposed development.
J. All other elements or information
which will assist in the evaluation of the
proposed development and conformance with
the applicable criteria.
K. Certification by a registered profes-
sional engineer verifying the floodproofing of
structures shall be obtained showing the
actual elevation in relation to mean sea level
of the lowest floor, (including basement), of
all new or substantially improved structures
prior to occupancy or use of a structure.
L. All records of any application for a
conditional use and all certification of eleva-
tions shall be maintained in the records of the
Planning Division for public inspection. (Ord.
88-030 § 4, 1988)
18.96.080 Criteria to Evaluate Conditional
Uses.
A. A conditional use permit in a Flood
Plain Zone shall not be approved unless all
standards established by the Federal
We
0106 140'7
Emergency Management Agency and this
ordinance are addressed and findings made by
the hearings body that each of the standards
and criteria are satisfied.
B. A conditional use permit shall be
based upon findings which relate to the
property and existing and proposed structure.
They shall not pertain to the property owner,
inhabitants, economic or financial circum-
stances.
C. All structures in the flood plain shall
meet the following standards.
a. Anchoring.
i. All new construction and substantial
improvements shall be anchored to prevent
flotation, collapse or lateral movement of the
structure.
ii. All manufactured homes must be
anchored to prevent flotation, collapse or
lateral movement, and shall be installed using
methods and practices that minimize flood
damage. Anchoring methods may include,
but are not limited to, use of over -the -top or
frame ties to ground anchors (see FEMA's
"Manufactured Home Installation in Flood
Hazard Areas" guidebook for additional
techniques, on file with the Planning
Division).
b. Construction Materials and Methods.
i. All new construction and substantial
improvements shall be constructed with mate-
rials and utility equipment resistant to flood
damage.
ii. All new construction and substantial
improvements shall be constructed using
methods and practices that minimize flood
damage.
iii. Electrical, heating, ventilation, plumb-
ing and air-conditioning equipment and other
service facilities shall be designed and/or
otherwise elevated or located so as to prevent
water from entering or accumulating within
the components during conditions of flooding.
C. Utilities.
i. All new and replacement water
supply systems shall be designed to minimize
or eliminate infiltration of flood waters into
the system.
ii. New and replacement sanitary
systems shall be designed to minimize or
eliminate infiltration of floodwaters into the
system and discharge from the system into
flood waters.
iii. On-site waste disposal systems shall
be located to avoid impairment to them or
contamination from them during flooding.
D. Subdivision and Partition Proposals.
a. All subdivision and partition pro-
posals shall be consistent with the need to
minimize flood damage.
b. All subdivision and partition pro-
posals shall have public utilities and facilities
such as sewer, gas, electrical and water
systems located and constructed to minimize
flood damage.
C. All subdivision and partition pro-
posals shall have adequate drainage provided
to reduce exposure to flood damage.
E. Review of Building Permits. Where
elevation data is not available either through
the Flood Insurance Study or from another
authoritative source, applications for building
permits shall be reviewed to assure that
proposed construction will be reasonably safe
from flooding. The test of reasonableness is
a local judgment and includes use of historical
data, high water marks, photographs of past
flooding, etc., where available. (Failure to
elevate at least two feet above grade in these
zones may result in higher insurance rates.)
F. Specific Standards. In the Flood
Plain Zone, the following requirements must
be met:
a. Residential Construction.
L New construction and substantial
improvement of any residential structure shall
have the lowest floor, including basement,
elevated to or above base flood elevation.
ii. Fully enclosed areas below the lower
floor that are subject to flooding are prohib-
ited, unless they are designed to automatically
equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of
floodwaters. Designs for meeting this
requirement must either be certified by a
LM
0106 1408
registered professional engineer or architect,
or must meet or exceed the following criteria:
1. A minimum of two openings having
a total net area of not less than one square
inch for every square foot of enclosed area
subject to flooding shall be provided.
2. The bottom of all openings shall be
no higher than one foot above grade.
3. Openings may be equipped with
screens, louvers or other coverings or devices,
provided that they permit the automatic entry
and exit of floodwaters.
b. Non -Residential Construction. New
construction and substantial improvements of
any commercial, industrial or other non-
residential structure shall either have the
lowest floor, including basement, elevated to
the level of the base flood elevation, or,
together with attendant utility and sanitary
facilities, shall:
i. Be floodproofed so that below the
base flood level the structure is watertight
with walls substantially impermeable to the
passage of water.
ii. Have structural components capable
of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
iii. Be certified by a registered profes-
sional engineer or architect that the design
and methods of construction are in accor-
dance with accepted standards of practice for
meeting provisions of this subsection, based
on their development and/or review of the
structural design, specifications and plans.
Such certifications shall be provided to the
county as set forth in 18.96.070(H), above.
iv. Non-residential structures that are
elevated, but not floodproofed, must meet the
same standards for space below the lowest
floor as described in Section 18.96.080(F),
above.
V. Applicants for floodproofing non-
residential buildings shall be notified that
flood insurance premiums will be based on
rates that are one foot below the flood -
proofed level (e.g. a building constructed to
the flood level will be rated as one foot below
that level).
C. Manufactured Homes. All manufac-
tured homes to be placed or substantially
improved shall be elevated on a permanent
foundation such that the lowest floor of the
manufactured home is at or above the base
flood elevation. Such manufactured homes
shall be securely anchored to an adequately
anchored foundation system in accordance
with the provisions of Section 18.96.080(C)(a),
above. (Ord. 88-030 § 4, 1988)
d. Docks, Piers and Walkways.
i. No individual boat dock or pier shall
be allowed on any lot with less than two
hundred (200) feet of river frontage.
ii. No community boat dock or pier
shall be allowed on any lot with less than one
hundred (100) feet of river frontage.
iii. No individual boat dock or pier shall
be more than 20 feet in length or more than
8 feet in width. The total surface area shall
not exceed 160 square feet.
iv. No community boat dock or pier
shall be more than 20 feet in length. The
total surface area shall not exceed 320 square
feet.
V. A boat dock or pier shall not extend
into or over the water more than 20 feet as
measured from the ordinary high water mark
(OHM), or 5% of the distance between the
ordinary low water mark (OLM) on each
river or stream bank measured at right angles
to the shoreline, whichever is less, unless it
can be shown that a greater extension:
1. is necessary to allow access to the
OHM;
2. will not increase flood hazard; and
3. will not cause the deterioration or
destruction of marine life or wildlife habitat.
When the lines of ordinary high or low water
cannot be determined by survey or inspection,
then such lines shall be determined by a
registered professional engineer using the
annual mean high or low water for the pre-
ceding year, using data from the State of
Oregon Watermaster.
vi. Individual boat docks and piers shall
have a minimum 5 foot setback from
0106 1409
adjoining property boundaries projected over
the water surface.
vii. Dock, pier and walkway structures
shall not be covered or enclosed.
viii. All materials used in dock, pier or
walkway construction must be in compliance
with all DEQ and EPA regulations.
ix. Docks, piers and walkways shall use
either pilings or styrofoam floats if such floats
are fully enclosed and sealed.
X. Docks, piers and walkways shall not
impede water movement or cause deposition
on waterway beds.
xi. Docks, piers and walkways containing
concrete or wood preservatives shall be fully
cured or dried prior to placement in the
water.
xii. No walkway shall be more than 4 feet
in width. The length of the walkway shall be
no more than the minimum required to allow
access to a dock.
xiii. Walkways shall include at least one
handrail if the structure is elevated 30 inches
or more from ground level.
xiv. All docks, piers and walkways shall
meet the test of non-interference with naviga-
tion.
e. Parking Facilities. No parking facility
shall be located within 20 feet (measured at
right angles) of the ordinary high water mark
(OHM). (Ord. 89-009 § 7, 1989)
G. Floodways. In floodways where
potential extreme hazards exists due to the
velocity of flood waters which carry debris,
potential projectiles or due to a high potential
for erosion [and erosion potential], the fol-
lowing provisions shall apply:
a. Encroachments, including fill, new
construction, substantial improvements and
other development, are prohibited unless
certification by a registered professional
engineer or architect is provided demonstrat-
ing that encroachments shall not result in any
increase in flood levels during the occurrence
of the base flood discharge.
b. If Section 18.96.080(G)(a) is satisfied,
all new construction and substantial improve-
ments shall comply with all applicable sections
of this ordinance. (Ord. 88-030 § 4, 1988)
18.96.090 Yard and Setback
Requirements.
In an FP Zone, the following yard and
setback requirements shall be maintained:
A. The front setback shall be a minimum
of 20 feet from a property line fronting on a
local street, 30 feet from a property line
fronting on a collector and 50 feet from an
arterial.
B. There shall be a minimum side yard
of 10 feet for all uses.
C. The minimum rear yard shall be 20
feet.
D. The setback from a north lot line
shall meet the solar setback requirements in
Section 18.116.180.
E. The minimum yard setback for a non-
farm use from the property line adjacent to a
farm use not owned by the applicant shall be
100 feet. (Ord. 88-030 § 4, 1988)
18.96.100 Stream Setback.
To permit better light, air, vision, stream
and pollution control, to protect fish and
wildlife areas and to preserve the natural
scenic amenities along streams and lakes, the
following setbacks shall apply:
A. All sewage disposal installations such
as septic tanks or septic drainfields shall be
setback from the ordinary high water mark
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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 public health or safety, a
setback exception may be permitted to locate
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
0106 1410
ordinary high water [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles from the ordinary
high water [line or] mark. (Ord. 88-030 § 4,
1988)
18.96.110 Dimensional Standards.
In an FP zone, the following dimensional
standards shall apply:
A. Lot Coverage. The main building
and accessory buildings located on any build-
ing site or lot shall not cover in excess of 30%
of the total lot area.
B. Building Height. No non-agricultural
building or structure shall be erected or
enlarged to exceed 2 stories or more than 30
feet in height.
C. Minimum lot size shall be 10 acres
for all areas which have received an exception
to the Statewide Planning Goals for resource
uses. Areas which have not received an
exception to the Statewide Planning Goals
shall have a minimum lot size of 80 acres.
18.96.120 Warning and Disclaimer of
Liability.
The degree of flood protection required by
this ordinance is considered reasonable for
regulatory purposes and is based upon scien-
tific and engineering considerations. Larger
floods can and will occur on rare occasions.
Flood heights may be increased by man-made
or natural causes. This ordinance shall not
create liability on the part of Deschutes
County, any officer, agent or employee
thereof, or the Federal Insurance Admin-
istration, for any flood damages that result
from reliance on this ordinance or any deci-
sion lawfully made hereunder. (Ord. 88-030
§ 4, 1988)
18.96.130 Use Variances.
Use variances or variances to the standards
established by Sections 18.96.060 and
18.96.080 shall not be allowed. (Ord. 88-030
§ 4, 1988)
Chapter 18.100
RURAL INDUSTRIAL - R -I ZONE
Sections:
18.100.010
Purpose
18.100.020
Uses Permitted Outright
18.100.030
Conditional Uses
18.100.040
Use Limitations
18.100.050
Dimensional Standards
18.100.060
Stream Setbacks
18.100.070
Off -Street Parking and Loading
18.100.080
Site Design
18.100.090
Design and Use Criteria
18.100.100
Additional Requirements
18.100.110
Solar Setback
18.100.120
Rimrock Setback
In an R -I Zone, the following regulations
shall apply:
18.100.010 Purpose.
The purposes of the Rural Industrial Zone
are to encourage employment opportunities in
rural areas and to promote the appropriate
economic development of rural service
centers which are rapidly becoming urbanized
and soon to be full-service incorporated cities,
while protecting the existing rural character of
the area as well as preserving or enhancing
the air, water and land resources of the area.
18.100.020 Uses Permitted Outright.
In an R -I Zone, the following uses and their
accessory uses are permitted outright except
as limited by Section 18.100.040, below, and
unless located within 600 feet from a residen-
tial dwelling, a lot within a [duly] platted
subdivision or a residential zone.
A. Automotive wrecking yard totally
enclosed by a sight -obscuring fence.
B. Farming.
C. Residence for caretaker or night
watchman on property.
D. Freight depot.
E. Contractor's or building materials
business and other construction -related busi-
ness including plumbing, electrical, roof,
0106 14.1
siding, etc., provided such use is wholly
enclosed within a building or no outside
storage is permitted unless enclosed by sight -
obscuring fencing.
F. Ice or cold storage plant.
G. Wholesale distribution outlet includ-
ing warehousing, but excluding open outside
storage.
H. Welding, sheet metal or machine
shop provided such is wholly enclosed within
a building or all outside storage is enclosed by
sight -obscuring fencing.
I. Veterinary clinic or kennel.
J. Laboratory for experiment, research
or testing.
K. Compounding, packaging and storage
of cosmetics, drugs, perfumes,
pharmaceuticals, soap or toiletries excluding
all processes involving refining or rendering of
fats and oils.
L. Government buildings including
armories and maintenance, repair or storage
facilities provided all outside storage is
enclosed by sight -obscuring fencing.
M. Manufacture, repair or storage of
ceramic products, musical instruments, novel-
ties, rubber or metal stamps, toys, optical
goods, scientific or electronic supplies and
equipment, business machines, pleasure boats,
furniture, signs and similar operations pro-
vided no outside storage is involved.
N. Processing, packaging and storage of
food and beverages excluding those requiring
distillation, fermentation, rendering of fats or
oils, or slaughtering.
O. Lumber manufacturing and wood
processing except pulp and paper manufactur-
ing.
P. Electrical substations.
18.100.030 Conditional Uses.
A. Any use permitted by Section
18.100.020, above, which is located within 600
feet of a residential dwelling, a lot within a
[duly] platted subdivision or a residential
zone.
B. Public or semi-public use.
C. Manufacture, repair, rental, sales,
servicing, and storage of machinery, imple-
ments, equipment, trailers or manufactured
homes.
D. Any use permitted by Section
18.100.020, above, which involves open
storage.
E. Concrete or ready -mix plant.
F. Petroleum products storage and
distribution.
G. Storage, crushing and processing of
minerals, including the processing of aggre-
gate into asphaltic concrete or portland
cement concrete. (Ord. 90-014 § 38, 1990)
H. Commercial feedlot, stockyard, sales
yard, slaughterhouse and rendering plant.
I. Railroad trackage and related facili-
ties.
J. Pulp and paper manufacturing.
[Lumber and other wood products manufac-
turing.]
K. Agricultural products storage and
processing plants.
L. Any use permitted by Section
18.100.020, above, which is expected to exceed
the following standards:
a. Lot coverage in excess of 70%.
b. Need for [Require] more than one
acre of land.
C. Generation of [Generates] any odor,
dust, fumes, glare, flashing lights or noise that
is perceptible without instruments 500 feet
from the property line of the subject use
[without instruments].
M. Manufacture, repair or storage of
articles manufactured from bone, cellophane,
cloth, cork, feathers, felt, fiber, glass, stone,
paper, plastic, precious or semi-precious
stones or metal, wax, wire, wood, rubber, yarn
or similar materials, provided such uses do
not create a disturbance because of odor,
noise, dust, smoke, gas, traffic or other
factors.
N. Plant nursery or greenhouse.
O. Landfill when a written tentative
approval by DEQ of the site is submitted with
the conditional use application.
91
0106 1412
P. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 15, 1986)
18.100.040 Use Limitations.
In an R -I Zone, the following limitations
and standards shall apply to all permitted and
conditional uses:
A. No use that requires a lot area
exceeding 9,000 square feet shall be permitted
to locate adjacent to an existing residential
dwelling, a lot in a [duly] platted subdivision
or a lot in a residential zone.
B. No use expected to generate more
than 30 truck -trailer or other heavy equip-
ment trips per day to and from the subject
property shall be permitted to locate on a lot
adjacent to or across a street from a residen-
tial dwelling, a lot in a [duly] platted subdivi-
sion or a residential zone.
C. No use shall be permitted that gener-
ates more than 20 auto or truck trips during
the busiest hour of the day to and from the
premises unless served directly by an arterial
or collector or other improved street or road
designed to serve the industrial use which
does not pass through or adjacent to residen-
tial lots in a [duly] platted subdivision or a
residential zone.
D. Any use on a lot adjacent to or across
the street from a residential dwelling, a lot in
a [duly] platted subdivision or a residential
zone shall not emit odor, dust, fumes, glare,
flashing lights, noise, or similar disturbances
perceptible without instruments more than
200 feet in the direction of the affected resi-
dential use or lot.
E. All parking demand created by any
use permitted by this section shall be accom-
modated on the applicant's premises entirely
off-street.
F. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right-of-way.
G. There shall be only one ingress and
one egress from properties accommodating
uses permitted by this section per each 300
feet or fraction thereof of street frontage. If
necessary to meet this requirement, permitted
uses shall provide for shared ingress and
egress.
H. All uses permitted by this section
shall be screened from adjoining residential
uses by a sight -obscuring fence [densely
planted trees and shrubs or sight -obscuring
fencing].
I. No use shall be permitted to operate
for business between the hours of 11:00 p.m.
and 7:00 a.m. if located adjacent to or across
the street from a residential dwelling, a lot in
a [duly] platted subdivision or a residential
zone except as approved by the County
Sheriff.
J. No use shall be permitted which has
been declared a nuisance by state statute,
county ordinance or a court of competent
jurisdiction. No use requiring contaminant
discharge permits shall be approved by the
Planning Director or Hearings Body [Officer]
prior to review by the applicable state or
federal permit -reviewing authority, nor shall
such uses be permitted adjacent to or across
a street from a residential use or lot.
18.100.050 Dimensional Standards.
In an R -I Zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be deter-
mined in accordance with the provisions of
this section relative to setback requirements,
off-street parking and loading, and as deemed
necessary by the Planning Director or Hear-
ings Body [Officer] to maintain air, water and
land resource quality and to protect adjoining
and area land uses.
B. No use permitted by this section that
is located adjacent to or across the street
from a residential use or lot in a [duly]
platted subdivision residential zone [or resi-
dential use or] shall exceed 70% lot coverage
by all buildings, storage areas or facilities and
required off-street parking and loading area.
C. The minimum building setback
between a structure and a street, road or
railroad right-of-way line shall be 50 feet
92
0106 1413
unless a greater setback is required for
compliance with Comprehensive Plan policies.
D. The minimum setback between a
structure and a property line adjoining a resi-
dential lot or use shall be 50 feet.
E. The minimum setback between a
structure and an existing use shall be three
feet from the property line and at least six
feet from a structure on the adjoining prop-
erty.
F. The maximum building height for any
structure shall be 25 feet on any lot adjacent
to or across a street from a residential use or
lot and 45 feet on any other lot.
G. The minimum lot frontage shall be 50
feet.
18.100.060 Stream Setbacks.
To permit better light, air, vision, stream
pollution control, protect fish and wildlife
areas and preserve the natural scenic ameni-
ties and vistas along streams and lakes, the
following setback shall apply:
A. All sewage disposal installations, such
as septic tanks and septic drainfields shall be
set back from the ordinary high water mark
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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 Direc-
tor or Hearings Body [Officer] 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 [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.100.070 Off -Street Parking and
Loading.
Off-street parking and loading shall be pro-
vided in accordance with the provisions of this
section and Chapter 18.116.
18.100.080 Site Design.
The site design of any use shall make the
most effective use reasonably possible of the
site topography, existing landscaping, and
building placement [so as] to preserve existing
trees and natural features, vistas and other
views from public ways, minimize visibility of
parking, loading and storage areas from
public ways and neighboring residential uses
and minimize intrusion into the character of
existing development in the immediate vicinity
of the proposed use.
18.100.090 Design and Use Criteria.
In the consideration of an application for a
proposed use in an R -I Zone, the Planning
Director or Hearings Body [Officer] shall take
into account the impact of the proposed use
on nearby residential and commercial uses, on
resource carrying capacities and on the
capacity of transportation and other public
facilities and services. To approve a proposed
use, the Planning Director or Hearings Body
[Officer] shall find that:
A. The proposal is in compliance with
the Comprehensive Plan.
B. The proposal is in compliance with
the intent and provisions of this ordinance.
C. That any adverse social, economical,
physical or environmental impacts are mini-
mized.
18.100.100 Additional Requirements.
As a condition of approval of any use pro-
posed within an R -I Zone, the Planning
Director or Hearings Body [Officer] may
require:
A. An increase in required setbacks.
B. Additional off-street parking and
loading facilities.
C. Limitations on signs or lighting, hours
of operation, and points of ingress and egress.
93
OTOS 1414
D. Additional landscaping, screening and
other improvements.
[E. The setback from the northern lot
line shall meet the solar setback requirements
in Section 18.116.180. (Ord. 83-037 § 20,
1983)]
18.100.110 Solar Setback.
The setback from the north lot line shall
meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 20, 1983)
18.100.120 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 18,
1986)
Chapter 18.104
RESEARCH AND DEVELOPMENT
R&D ZONE
Sections:
18.104.010
Purpose
18.104.020
Uses Permitted Outright
18.104.030
Uses Permitted Conditionally
18.104.040
Use Limitations
18.104.050
Dimensional Standards
18.104.060
Stream Setback
18.104.070
Off -Street Parking and Loading
18.104.080
Site Design
18.104.090
Design and Use Criteria
18.104.100
Additional Requirements
18.104.110
Rimrock Setback
In an R&D Zone, the following regulations
shall apply:
18.104.010 Purpose.
The purpose of the Research and Develop-
ment Zone is to allow research and develop-
ment facilities requiring a more rural, non-
industrial location to be located in designated
areas of the county and encourage employ-
ment opportunity within the county while
protecting the rural character of the area, as
well as preserving or enhancing the air, water
and land resources of the area.
18.104.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright:
A. Farming, except for livestock feed lot
or sales yard, hog or mink farms.
B. Office Buildings.
C. Research and development labora-
tories.
D. Residence for caretaker or night
watchman on property with existing research
and development use.
18.104.030 Uses Permitted Conditionally.
A. Manufacturing and assembly of elec-
tronic instruments and equipment and electri-
cal devices.
94
0105 1415
B. Manufacturing and assembly of preci-
sion instruments, tools or devices.
C. Manufacturing of medicines and
pharmaceuticals.
D. Limited incidental manufacture of a
research product.
E. Restaurant and cafeteria facilities for
employees.
18.104.040 Use Limitations.
The following limitations and standards
shall apply to all permitted uses:
A. Any use on a lot adjacent to or across
a street from a residential use or lot in a
[duly] platted subdivision or residential zone,
shall not emit odor, dust, fumes, glare, flash-
ing lights, noise, or other similar disturbances
perceptible without instruments more than
200 feet in the direction of the affected resi-
dential use or lot.
B. All parking demand created by any
use permitted by this section shall be accom-
modated on the applicant's premises entirely
off-street.
C. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right-of-way.
D. There shall be only one ingress.
E. All uses shall be screened from
adjoining residential uses by densely planted
trees and shrubs or sight -obscuring fencing.
F. No use shall be permitted to operate
between the hours of 11:00 p.m. and 7:00 a.m.
if located adjacent to or across the street
from a residential use or lot in a [duly]
platted subdivision or residential zone, if the
use creates noise in violation of the County
Noise Ordinance except as provided by the
County Sheriff.
G. No use shall be permitted which has
been declared a nuisance by state statute,
county ordinance or court of competent
jurisdiction. No use requiring contaminant
discharge permits shall be approved by the
Planning Director or Hearings Body [Officer]
prior to review by the applicable state or
federal permit -reviewing authority, nor shall
such uses be permitted adjacent to or across
the street from a residential use or lot.
18.104.050 Dimensional Standards.
In an R&D Zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be deter-
mined in accordance with the provisions of
this section relative to setback requirements,
off-street parking and loading, and as deemed
necessary by the Planning Director or Hear-
ings Body [Officer], to maintain air, water and
land resource quality and to protect adjoining
and area land uses.
B. No use which is located adjacent to
or across a street from a residential use or lot
in a [duly] platted subdivision or residential
zone shall exceed more than 70% lot coverage
by all buildings, storage areas or facilities, and
required off-street parking and loading areas.
C. The minimum building setback
between a structure and a street, road or
railroad right-of-way line shall be 50 feet
unless a greater setback is required for com-
pliance with Comprehensive Plan policies.
D. The minimum setback between a
structure and a property line adjoining a resi-
dential lot or use in a [duly] platted subdivi-
sion or residential zone shall be 50 feet.
E. The minimum setback between a
structure and an existing use shall be three
feet from the property line and six feet from
a structure on the adjoining property.
F. The maximum building height shall
be 25 feet on any lot adjacent to or across the
street from a residential use or lot in a [duly]
platted subdivision or residential zone and 45
feet on any other lot.
G. The minimum lot frontage shall be 50
feet.
H. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 21, 1983)
18.104.060 Stream Setback.
To permit better light, air, vision, stream
pollution control, protect fish and wildlife
areas and to preserve natural scenic amenities
95
0106 1416
and vistas along streams and lakes, the follow-
ing 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
[mean high-water line or mark] along all
streams or lakes a minimum of 100 feet,
measured at right angles to the ordinary high
water [line or] 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 Direc-
tor or Hearings Body [Officer] 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 [line or] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water [line or] mark.
18.104.070 Off -Street Parking and
Loading.
Off -Street parking and loading shall be pro-
vided in accordance with the provisions of this
section and Chapter 18.116.
18.104.080 Site Design.
The site design of any permitted use shall
make the most effective use reasonably possi-
ble of the site topography, existing land-
scaping, and building placement so as to
preserve existing trees and natural features,
preserve vistas, and other views from public
ways and neighboring residential uses, and to
minimize intrusion into the character of
existing developments in the immediate vicin-
ity of the proposed use.
18.104.090 Design and Use Criteria.
In the consideration of an application for a
proposed use, the Planning Director or Hear-
ings Body [Officer] shall take into account the
impact of the proposed use on nearby resi-
dential and commercial uses, on resource
carrying capacities and on the capacity of
transportation and other public facilities and
services. In approving a proposed use, the
Planning Director or Hearings Body [Officer]
shall find that:
A. The proposal is in compliance with
the Comprehensive Plan.
B. The proposal is in compliance with
the intent and provisions of this ordinance.
C. That any adverse social, economical,
physical or environmental impacts are mini-
mized.
18.104.100 Additional Requirements.
As a condition of approval, the Planning
Director or Hearings Body [Officer] may
require:
A. An increase in required setbacks.
B. Additional off-street parking and
loading facilities.
C. Limitations on signs or lighting, hours
of operation, and points of ingress and egress.
D. Additional landscaping, screening and
other improvements.
E. Any other conditions considered
necessary to achieve compliance with the
intent and purposes of this ordinance and
policies of the Comprehensive Plan.
18.104.110 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 19,
1986)
no
6106 141'7
Chapter 18.108
PLANNED COMMUNITY - PC ZONE
Sections:
18.108.010
Purpose
18.108.020
Districts Permitted in a PC
Zone
18.108.030
Site Plan Review
18.108.040
Owners Association
18.108.050
Approval of a PC zone
18.108.060
Amendment of a Development
Plan
In a PC Zone, the following regulations
shall apply:
18.108.010 Purpose.
Purpose of the Planned Community Zone is
to provide standards and review procedures
for the development of planned communities
in Deschutes County.
18.108.020 Districts Permitted in an
PC Zone.
In a PC Zone, the following districts shall
be established subject to the terms of the
Master Plan.
A. Single -Family Residential - RS
District.
a. Permitted Uses. The following uses
and their accessory uses are permitted out-
right:
1. Single-family dwelling.
2. One private garage for each dwelling
unit.
3. Other accessory uses and buildings
and structures customarily appurtenant to a
permitted use.
b. Conditional Uses. The following uses
may be permitted subject to a conditional use
permit:
1. Parks and recreation facilities, fire
stations, libraries, museums; but not including
storage or repair yards, warehouses or similar
uses.
97
0106 1418
2. Recreation facilities, including swim-
ming pools and tennis clubs for the private
use of individuals or groups of individuals.
3. Utility substations or pumping sta-
tions with no equipment storage and sewage
treatment facilities.
4. Temporary subdivision tract office.
5. Community buildings.
C. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed 30 feet in
height.
d. Lot Requirements. The following lot
requirements shall be observed, provided that
the Planning Director or Hearings Body may
allow smaller lots approved pursuant to this
ordinance and consistent with the Compre-
hensive Plan designations for preservation of
forested area or significant rock outcroppings
when these lots are internal to the subdivision
or after a hearing if they are located on the
edge of the new plat.
1. Lot Area. Every lot shall have a
minimum area of 6,000 square feet.
2. Lot Width. Every lot shall have a
minimum average width of 60 feet, except
that a corner lot shall be a minimum of 70
feet.
3. Frontage. Every lot shall have a
minimum width at the street of 50 feet,
except that on an approved cul-de-sac this
may be reduced to 30 feet.
4. Front Yard. The front yard shall be
a minimum of 20 feet.
5. Side Yard. A side yard shall be a
minimum of 5 feet.
6. Rear Yard. A rear yard shall be a
minimum of 5 feet provided, however, that if
there is common property adjoining the rear
yard, the setback may be reduced 6 inches for
each foot of common property exceeding 10
feet.
7. Lot Coverage. Maximum lot cover-
age by buildings and structures shall be 35
percent of the lot area.
8. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 22, 1983)
e. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 20, 1986)
B. Multiple Family Residential - RM
District.
a. Permitted Uses. The following uses
and their accessory uses are permitted out-
right:
1. Two-family dwelling or duplex.
2. Multiple -family dwellings, apartment
houses and dwelling groups including town-
houses and condominiums.
3. Permitted uses in an RS District.
4. Planned unit developments subject to
site plan review. (Ord. 89-007 § 1, 1989)
b. Conditional Uses. The following
conditional uses may be permitted subject to
a conditional use permit.
1. Parks and recreation facilities, fire
stations, libraries, museums; but not including
storage or repair yards, warehouses and
similar uses.
2. Utility substations or pumping sta-
tions with no equipment storage and no
sewage treatment facilities.
3. Off-street parking lots when contigu-
ous to a less restrictive zoning district.
4. Building over 30 feet in height.
5. Community building.
6. Temporary sales office for on-site
dwelling units.
7. Time-share unit or the creation
thereof. (Ord. 83-033 § 8, 1983)
C. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed a height of 30
feet without conditional use permit.
d. Lot Requirements. The following lot
requirements shall be observed:
1. Duplexes, threeplexes and fourplexes:
i. Lot Area. Every lot shall have a
minimum area of 5,000 square feet for the
first dwelling unit, plus the following mini-
mum unit square footages based upon the
number of bedrooms per additional dwelling
unit in the following table:
0106 1419
Studio or
Efficiency 750 sq. ft.
1 Bedroom 1,000 sq. ft.
2 Bedrooms 1,500 sq. ft.
3 Bedrooms 2,250 sq. ft.
4 Bedrooms 2,500 sq. ft.
[provided that] The overall density shall not
exceed one dwelling unit per 2,000 square feet
of lot area.
ii. Lot Width. Every lot shall have a
minimum average width of 50 feet.
iii. Frontage. Every lot shall have a
minimum width at the street of 50 feet,
except that on an approved cul-de-sac this
may be reduced to 30 feet.
iv. Front Yard. The front yard shall be
a minimum of 10 feet.
V. Side Yard. There shall be a mini-
mum side yard of 5 feet and the sum of the
side yards shall be a minimum of 15 feet.
The side yards shall be increased by 1/2 foot
for each foot by which the building height
exceeds 15 feet.
vi. Rear Yard. There shall be a rear
yard having a depth of not less than 5 feet.
The rear yard shall be increased by 1/2 foot
for each foot by which the building height
exceeds 15 feet.
vii. Lot Coverage. Maximum lot cover-
age by buildings and structures shall be 40
percent of the total lot area.
viii. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 23, 1983)
2. Townhouses, condominiums, zero lot
line dwellings and apartments: (Ord. 89-007
§ 3, 1989)
i. There shall be no minimum lot area
for apartments, townhouses, condominium
developments or planned unit developments
provided, however, that the overall density
shall not exceed one dwelling per 2,000
square feet of land area. (Ord. 89-007 § 3,
1989)
ii. Setbacks. Yard setbacks, lot widths
and lot coverage shall be determined at the
time of site plan approval.
3. Single Family Residences.
i. Lot widths, yard setbacks and lot
coverage shall be the same as provided in the
RS District.
e. Off -Street Parking. Off-street park-
ing shall be provided for two cars per dwelling
unit.
f. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 20, 1986)
g. Planned unit developments.
1. There shall be no minimum lot area
for Planned Unit Developments provided,
however, that the overall density shall not
exceed the density established by the Master
Plan or the Deschutes County Zoning Ordi-
nance.
2. Setbacks. Yard setbacks, lot widths
and lot coverage shall be determined at the
time of site plan review.
3. The system of ownership and the
means of developing, preserving and main-
taining open space shall be adequate.
4. A phasing plan and documentation of
sufficient funding shall be submitted during
site plan review to ensure completion of the
project.
5. Uses within the planned unit develop-
ment shall be established by the Master plan
for the RM District. (Ord. 89-007 § 4, 1989)
C. Commercial - C District.
a. Permitted Uses. The following uses
and their accessory uses are permitted out-
right in the C District.
1. Ambulance service.
2. Antique shop.
3. Appliance sales (household), includ-
ing minor repairs.
4. Art galleries, libraries and reading
rooms.
5. Artist supplies and picture framing.
6. Auto parts sales (new).
7. Bakery, retail.
8. Bank or other financial institution.
9. Barber shop.
10. Beauty shop.
11. Book or stationery store.
12. Bicycle shop.
13. Churches.
0106 1420
14.
Clothing store or tailor shop.
15.
Clothes cleaning pick-up agency,
clothes cleaning agency using non-flammable
cleaning agents, including self-service cleaning
or laundry establishment.
16.
Confectionery or delicatessen.
17.
Dairy products, sales only.
18.
Drug store, including soda fountain.
19.
Drygoods store, millinery shop, dress
shop.
20.
Florist shop.
21.
Food store.
22.
Frozen food locker, excluding whole-
sale storage.
23.
Furniture store.
24.
Garden supply store.
25.
Gift shop, notion or variety store.
26.
Hardware store or paint store.
27.
Health food store.
28.
Hobby shop.
29.
Home furnishings.
30.
Jewelry store.
31.
Leather goods and luggage.
32.
Musical instruments.
33.
Office - business or professional, not
including
the retail sale of goods.
34.
Pet shop.
35.
Photographic supplies and studio.
36.
Radio and television sales and
service.
37.
Radio and television broadcasting
studios and facilities, except towers.
38.
Restaurant, bar and cocktail lounge,
including
entertainment.
39.
Shoe store, shoe repair shop.
40.
Service station.
41.
Toy store.
42.
Upholstery shop.
43.
Technical and business schools.
44.
Accessory uses and buildings cus-
tomarily appurtenant to a permitted use, such
as incidental storage, are permitted.
45.
Bus stop.
46.
Catering establishment.
47.
Crafts in conjunction with retail sales
(occurring
on premises, such as stained
glass/pottery,
etc.)
48.
Floor covering store.
49. Interior decorating.
50. Musical instruments/record store.
51. Liquor store.
52. Medical and dental clinic, office and
laboratory.
53. Meat and seafood market, including
a butcher shop for on-site sales.
54. Printer, blueprinting, photocopying
and other reproduction processes.
55. Sporting goods store.
56. Telephone exchange.
57. Travel agency.
58. Wine/cheese store.
59. Video movie rental.
60. Real estate sales office.
b. Conditional Uses. The following
conditional uses may be permitted subject to
a conditional use permit.
1. Residential dwelling units consistent
with the master plan of the planned commu-
nity subject to the standards of the RM Dis-
trict.
2. Bowling alley.
3. Car wash.
4. Dancing or music school, nursery
school, kindergarten and day-care facility.
5. Department store.
6. Drive-in restaurant.
7. Public buildings and public utility
buildings and structures as may be appro-
priate.
8. Club, lodge or fraternal organization.
9. Commercial off-street parking lot.
10. Theater.
11. Veterinary clinic or kennel operated
entirely within an enclosed building.
12. Minor automotive repair, battery and
tire store, provided the business is wholly
conducted within an enclosed building and all
waste or used parts are removed from the
premises each day.
13. Bus passenger station.
14. Time-share unit or the creation
thereof. (Ord. 83-033 § 9, 1983)
15. Miniature golf. (Ord. 88-032 § 1,
1988)
C. Special Conditions. The above per-
mitted or conditional uses shall not involve
100
0105 1421
the transport of chemicals which would
present a significant hazard.
d. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed a height of 40
feet.
e. Lot Requirements. The following lot
requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. 100 feet.
4. Front Yard. The front yards shall be
a minimum of 10 feet.
5. Side Yard. None, except when a side
lot line is adjoining a lot in an R District, and
then the side yard shall be a minimum of 10
feet. The required side yards shall be
increased by 1/2 foot for each foot by which
the building height exceeds 20 feet.
6. Rear Yard. None, except when a
rear lot line is adjoining a lot in an RS or RM
District, and then the rear yard shall be a
minimum of 10 feet. The required rear yard
shall be increased by 1/2 foot for each foot by
which the building height exceeds 20 feet.
7. Lot Coverage. No requirements.
f. Off -Street Parking and Loading. Off-
street parking and loading space shall be
provided as required in Chapter 18.116.
g. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 20, 1986)
D. Resort - R District.
a. Permitted Uses. The following uses
and their accessory uses are permitted out-
right in the R District:
1. Restaurant, bar and cocktail lounge,
including entertainment.
2. Convention facilities.
3. Meeting rooms.
4. Recreational facilities commonly
associated with [the] resort developments,
including but not limited to swimming pools,
tennis courts, golf courses, putting greens,
nature centers, boat docks, equestrian facili-
ties and equipment rental facilities.
5. On-site sales of equipment and acces-
sories directly related and customarily appur-
tenant to existing recreational facilities.
6. Property sales offices operated by the
developer.
7. Lodge facilities, except overnight
accommodations.
8. Maintenance facilities associated with
the resort development.
b. Conditional Uses. The following
conditional uses may be permitted subject to
a conditional use permit:
1. Residential dwelling unit in conjunc-
tion with a permitted use.
2. Public buildings and public utility
buildings and structures as they may be
appropriate to the R Zone.
3. Church, club or fraternal organiza-
tion.
4. Storage buildings necessary for
resorts and/or property development.
5. Motel, hotel and lodge facilities with
overnight accommodations.
6. Retail sales commonly associated
with outright permitted uses in the R District.
7. Schools.
8. Buildings over 30 feet in height.
9. Time-share unit or the creation
thereof. (Ord. 83-033 § 10, 1983)
C. Lot Requirements. The following lot
requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. 100 feet.
4. Front Yard. The front yard shall be
a minimum of 10 feet.
5. Side Yard. None, except when a side
lot line is adjoining a lot in an RS or RM
District, and then the side yard shall be a
minimum of 10 feet. The required side yard
shall be increased by 1/2 foot for each foot by
which the building height exceeds 20 feet.
6. Rear Yard. None, except when a
rear lot line is adjoining a lot in an RS or RM
District, and then the rear yard shall be a
minimum of 10 feet. The required rear yard
shall be increased by 1/2 foot for each foot by
which the building height exceeds 20 feet.
101
0106 1422
7. Lot Coverage. No requirements.
d. Off -Street Parking and Loading. Off-
street parking and loading space shall be
provided as required in Chapter 18.116.
e. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 20, 1986)
E. Industrial - I District.
a. Permitted Uses. The following uses
are permitted in the I Zone:
1. Existing residential uses, without any
increase in density.
2. Scientific research or experimental
development of materials, methods or pro-
ducts, including engineering and laboratory
research.
3. Administrative, educational and other
related activities and facilities in conjunction
with a permitted use.
4. Light manufacturing, assembly, fabri-
cating or packaging of products from previ-
ously prepared materials, such as cloth,
plastic, paper, leather, precious or semi-pre-
cious metals or stones.
5. Manufacture of food products,
pharmaceuticals and the like, but not includ-
ing the production of fish or meat products or
fermented foods, such as sauerkraut, vinegar
or the like, or the rendering of fats and oils.
6. Other similar uses which the Com-
mission may find to be similar to those listed
as permitted in the zone and which are not
inconsistent with the purpose of this zone.
7. Accessory uses and buildings custom-
arily appurtenant to a permitted use, such as
incidental storage, are permitted.
b. Conditional Uses. The following
conditional uses may be permitted subject to
a conditional use permit.
1. Public buildings and public utility
structures and yards, including railroad yards.
2. Warehouses and distribution uses
which the Commission finds not to be incon-
sistent with the purpose of this zone and
which will not impair present or potential use
of adjacent properties.
3. Buildings over 45 feet in height.
4. A dwelling unit for a caretaker or
watchman working on the property.
5. Commercial uses which are consistent
with the Planned Communities Master Plan
and which will not conflict with the uses
permitted within the I Zone.
6. Hydroelectric facility, in accordance
with Sections 18.116.130 and 18.128.040(V).
(Ord. 86-018 § 16, 1986)
C. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed a height of 45
feet without conditional use permit.
d. Lot Requirements. The following lot
requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. Each lot shall have a
minimum depth of 100 feet.
4. Front Yard. The front yard shall be
a minimum of 35 feet.
5. Side Yard. Side yard shall be a
minimum of 25 feet, except when adjoining a
lot in an RS or RM District and then the
required side yard shall be 50 feet. No side
yards are required on the side of a building
adjoining a railroad right-of-way.
6. Rear Yard. A rear yard shall be a
minimum of 25 feet, except when adjoining a
lot in an RS or RM District and then the rear
yard shall be 50 feet. No rear yard is
required on the side of a building adjoining a
railroad right-of-way.
7. Lot Coverages. The maximum lot
coverage by buildings and structures shall be
50 percent of the total lot area.
e. Off -Street Parking and Loading. Off-
street parking and loading space shall be
provided as required in Chapter 18.116.
f. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 20, 1986)
F. Community Property - CP District.
a. Permitted Uses. The following uses
and their accessory uses are permitted out-
right:
1. Schools, subject to site plan review.
102
0106 1423
2. Utility substations, utility equipment
storage yards and pump stations.
3. Dedicated common areas.
4. Recreational facilities generally asso-
ciated with resort developments, such as golf
courses, tennis courts, swimming pools, parks,
playgrounds, nature centers, putting greens,
equestrian facilities. boat docks, amphi-
theaters and observatories.
5. Open space.
b. Conditional Uses. The following uses
may be permitted subject to a conditional use
permit and the provisions of Chapter 18.128:
1. Sewage treatment facilities.
2. Utility transmission lines.
C. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 20, 1986)
G. Airports - A District.
a. The following uses and their
accessory uses are permitted outright:
1. Runway, fuel storage and sales and
emergency repair.
2. Farm use.
b. Conditional Uses:
1. Farm accessory buildings and uses.
2. Utility facility necessary for public
service, except landfills.
3. Golf course.
4. Park, playground, other recreational
site or facility or community service facility.
5. Related use, such as hangars, tie -
down areas and parking facilities.
C. Use Limitations. In an A District,
the following limitations and standards shall
apply to all uses permitted:
1. The height of any plant growth or
structure or part of a structure such as chim-
neys, towers, antennas, powerlines, etc., shall
not exceed 35 feet.
2. In approach zones beyond the clear
zone areas, no meeting place designed to
accommodate more than 25 persons for
public or private purposes shall be permitted.
3. All parking demand created by any
use permitted by this section shall be accom-
modated on the subject premises entirely off-
street.
4. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right-of-way.
5. No power lines shall be located in
clear zones.
6. No use shall be allowed which is
likely to attract an unusual quantity of birds,
particularly birds which normally fly at high
altitudes.
d. Dimensional Standards. In an A
District, the following dimensional standards
shall apply:
1. The minimum lot size shall be deter-
mined in accordance with the provisions of
this section relative to setback requirements,
off-street parking and loading requirements,
lot coverage limitations or as deemed neces-
sary by the Planning Director or Hearings
Body to maintain air, land and water resource
quality, protect adjoining and area land uses
and to ensure resource carrying capacities are
not exceeded.
2. A [No] non-residential use located
adjacent to or across the street from an
existing residential use or platted residential
lot shall not exceed 70 percent lot coverage
[facilities] and shall require off-street parking
and loading areas.
3. No residential use permitted by this
section shall exceed 30 percent lot coverage
by primary and accessory structures.
4. The minimum setbacks between any
structure and an arterial right-of-way shall be
100 feet. The minimum setback of a non-
residential structure from a collector right-of-
way shall be 50 feet, and from all local streets
the minimum setback shall be 20 feet.
5. The minimum setback between a
non-residential structure and a property line
adjoining a residential use or lot, or for a
residential structure and a property line
adjoining a non-residential use or lot, shall be
50 feet.
6. The minimum lot frontage shall be 50
feet.
7. The minimum side setback between
any structure and a property line shall be
103
0106 1424
three feet, and the minimum total of both
side setbacks shall be 12 feet.
8. The minimum rear setback between
any structure and a rear property line shall be
25 feet.
9. Utility Runway Visual Approach
Zone. Slopes twenty feet outward for each
foot upward beginning at the end of and at
the same elevation as the primary surface and
extending to a horizontal distance of 5,000
feet along the extended runway centerline.
10. Runway Larger than Utility with a
Visibility Minimum Greater than 3/4 Mile
Non -Precision Instrument Approach Zone.
Slopes thirty-four feet outward for each foot
upward beginning at the end of and at the
same elevation as the primary surface and
extending to a horizontal distance of 10,000
feet along the extended runway centerline.
11 Transitional Zones. Slopes seven feet
outward for each foot upward beginning at
the side of and at the same elevation as the
primary surface and approach surface, and
extending to a height of 150 feet above the
airport elevation. In addition to the fore-
going, there are established height limits
beginning at the sides of and at the same
elevation as they approach surface, and
extending to where they intersect the conical
surface.
12. Horizontal Zone. Established at 150
feet above the airport elevation.
13. Conical Zone. Slopes Twenty feet
outward for each foot upward beginning at
the periphery of the horizontal zone and at
150 feet above the airport elevation and
extending to a height of 350 feet above the
airport elevation.
e. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 20, 1986)
18.108.030 Site Plan Review.
Approval Required. Any use in an RM, C,
[R], I, CP or A District shall be subject to
Chapter 18.124.
18.108.040 Owners Association.
Owners Association Required. Every
planned community shall have an owners
association whose membership shall consist of
every owner within the planned community.
This requirement shall be documented with
[evidence by] a recorded declaration of cove-
nants and restrictions which run with the land.
The owners association shall be a non-profit
corporation or other entity as approved by the
Planning Director or Hearings Body.
18.108.050 Approval of a PC Zone.
A. Application. Application for
approval of a Planned Community shall be
made according to the terms of the County
Procedures Ordinance. The Planning Direc-
tor or Hearings Body [Officer] shall conduct
the initial hearing. Any approval shall,
however, be automatically reviewed by the
Planning Commission.
B. Minimum Size. A planned commun-
ity shall be at least 640 acres in size consisting
of contiguous property.
C. Densi . A planned community may
have a density not to exceed 1.5 units per
acre.
D. Standards for Approval. Any
planned community shall be developed in
accordance with the existing subdivision
ordinance of the county.
E. Additional Standards. The Planning
Director or Hearings Body [Officer] and Plan-
ning Commission can adopt additional stan-
dards for the development of planned com-
munity which are consistent with Ordinance
PL -20 and this ordinance.
18.108.060 Amendment of a Development
Plan.
A. Application. Application for an
amendment to an approved development plan
within a PC Zone shall be made in accor-
dance with Deschutes County Code Title 22,
the Uniform Development Procedures Ordi-
nance, and zoning ordinance. The criteria
shall be the same as for a change of zone.
The Planning Director or Hearings Body
104
0100 1425
[Officer] shall conduct the initial hearing.
Any approval shall[, however,] be automati-
cally reviewed by the Planning Commission.
B. Plan Required. The applicant shall
submit the following documents as a part of
the application:
a. An original and 10 copies of the
amended development plan.
b. A description of each proposed
change and the reasons for each change.
C. A legal description of the area
affected by the proposed change.
d. Additional information as may be
required.
C. Standards for Approval. Any
amended development plan shall be in con-
formance with this section, the existing subdi-
vision ordinances of the county, and the
concept of the planned community for which
a change is being requested. (Ord. 82-043 §
1 Exhibit A, 1982)
Chapter 18.112
LIMITED USE COMBINING
LU ZONE
Sections:
18.112.010
Purpose
18.112.020
Combining Zone Requirements
18.112.030
Procedures
18.112.040
Use Limitations
18.112.050
Adoption
18.112.060
Official Plan/Zoning Map
18.112.070
Site Plan Requirement
In any Limited Use Combining Zone (LU),
the requirements and standards of this section
shall apply in addition to those specified in
this ordinance for the underlying zone and
any other applicable combining zones. In the
event of a conflict between the requirements
and standards of this section and those of the
underlying zone or other applicable combin-
ing zones, the provisions of this section shall
govern. (Ord. 88-022 § 1, 1988)
18.112.010 Purpose.
A. The purpose of the LU Zone is to
limit the list of permitted uses and general
activities allowed in the underlying zone,
when a plan amendment and zone change
rezones a parcel to that underlying zone
through the taking of an exception to a state-
wide land use planning goal under ORS
197.732.
B. The LU Zone is an overlay zone
which may be applied, where appropriate, to
plan amendments/zone changes effected by
either a "physically developed" exception
under ORS 197.732(1)(a), an "irrevocably
committed" exception under ORS
197.732(1)(b), or a "reasons" exception under
ORS 197.732(1)(c).
C. The LU Zone, when adopted, shall
carry out the requirement of Oregon Admini-
strative Rule 660-04-018 that where a goal
exception is taken, permitted uses shall be
limited to those uses justified by the exception
statement. (Ord. 88-022 § 1, 1988)
105
0106 1426
18.112.020 Combining Zone
Requirements.
When the LU Zone is applied, the uses
permitted in the underlying zone shall be
limited to those uses and general activities
specifically set forth in the ordinance adopting
the underlying zone and the LU Zone. Any
change in those uses and general activities
must be made through the plan/land use
regulation amendment process. (Ord. 88-022
§ 1, 1988)
18.112.030 Procedures.
The LU Zone shall be applied through the
plan amendment and rezoning process at the
time the underlying plan and/or zone designa-
tion is being changed. (Ord. 88-022 § 1,
1988)
18.112.040 Use Limitations.
The following limitations shall apply to the
underlying zone when the LU Zone is
applied:
A. In all cases, the hearings body shall
establish that:
a. The uses and general activities subject
to the rezoning are required to be limited to
those uses and general activities justified in
the goal exception taken.
b. A review of all zones in Ordinance
No. PL -15 demonstrates that no existing zone
adequately limits the uses and general activi-
ties.
C. The LU Zone, when applied to the
underlying zone, is consistent with the Com-
prehensive Plan and other applicable policies
of the county. (Ord. 88-022 § 1, 1988)
18.112.050 Adoption.
The ordinance adopting the underlying zone
and the LU Zone shall set forth those specific
uses and general activities which will be
permitted or conditional uses. The descrip-
tion of the permitted and conditional uses
may be qualified as necessary to achieve the
purpose of the LU Zone. (Ord. 88-022 § 1,
1988)
18.112.060 Official Plan/Zoning Map.
The official plan/zoning map shall be
amended to show an LU suffix on any parcel
where the LU Zone has been applied. (Ord.
88-022 § 1, 1988)
18.112.070 Site Plan Requirement.
A. In addition to limiting the uses in the
underlying zone where the LU Zone is
applied, the county may also require approval
of the location of buildings, access, parking,
screening and other site planning consider-
ations in order to assure the compatibility of
the permitted uses within the area.
B. The process for reviewing the site
plan shall be described at the time of the LU
Zone application. Site plan requirements
may be added by specific reference in the LU
adopting ordinance. Specifications and stan-
dards of the underlying zone remain in effect
unless specifically altered by the site plan
approval. Separate site plan approval shall
not be required for any uses subject to a
conditional use permit. (Ord. 88-022 § 1,
1988)
106
0100 142'7
Chapter 18.116
SUPPLEMENTARY PROVISIONS
Sections:
18.116.010
Access -Minimum Lot Frontage
18.116.020
Clear -Visions Areas
18.116.030
Off -Street Parking and Loading
18.116.040
Accessory Uses
18.116.050
Manufactured Homes
18.116.060
Manufactured Home
Installation Standards
18.116.070
Placement Standards for
Manufactured Homes
18.116.080
A Manufactured Home or a
Recreational Vehicle as a
Temporary Residence on an
Individual Lot
18.116.090
A Manufactured Home as a
Temporary Residence for
Medical Condition
18.116.100
Building Projections
18.116.110
Lot Size Reduction
18.116.120
Fences
18.116.130
Hydroelectric Facilities
18.116.140
Electrical Substations
18.116.150
Endangered Species
18.116.160
Rimrock Setbacks
18.116.170
Solar Height Restrictions
18.116.180
Building Setbacks for the
Protection of Solar Access
18.116.190
Solar Access Permit
18.116.200
Time Share Unit
18.116.210
Conservation Easements on
Property Adjacent to Rivers and
Streams; Prohibitions
18.116.010 Access -Minimum Lot Frontage.
Every lot shall abut a street other than alley
for a least 50 feet.
18.116.020 Clear -vision Areas.
A. In all zones, a clear -vision area shall
be maintained on the corners of all property
at the intersection of two streets or a street
and a railroad. A clear -vision area shall
contain no planting, fence, wall, structure, or
temporary or permanent obstruction
107
0106 1428
exceeding three and one-half feet in height,
measured from the top of the curb or, where
no curb exists, from the established street
centerline grade, except that trees exceeding
this height may be located in this area pro-
vided all branches and foliage are removed to
a height of eight feet above the grade.
B. A clear -vision area shall consist of a
triangular area on the corner of a lot at the
intersection of two streets or a street and a
railroad. Two sides of the triangle are
sections of the lot lines adjoining the street
or railroad measured from the corner to a
distance specified in paragraphs (a) and (b)
below. Where lot lines have rounded corners,
the specified distance is measured from a
point determined by the extension of the lot
lines to a point of intersection. The third
side of the triangle is the line connecting the
ends of the measured sections of the street lot
lines. [A clear -vision area shall consist of a
triangular area two sides of which are lot lines
measured from the corner intersection of the
street lot lines for a distance specified in this
regulation or, where lot lines have rounded
corners, the lot lines extended in a straight
line to a point of intersection and so mea-
sured, the third side of which is a line across
the corner of the lot joining the non -intersect-
ing ends of the other two sides.] The follow-
ing measurements shall establish clear -vision
areas within the county:
a. In an agricultural, forestry or indus-
trial zone, the minimum distance shall be 30
feet or at intersections including an alley, 10
feet.
b. In all other zones, the minimum
distance shall be in relationship to street and
road right-of-way widths as follows:
Right -of -Way Width Clear -Vision
80 feet or more 20 feet
60 feet 30 feet
50 feet and less 40 feet
18.116.030 Off -Street Parking and
Loading.
A. Compliance. No building or other
permit shall be issued until plans and evi-
dence are presented to show how the off-
street parking and loading requirements are
to be met and that property is and will be
available for exclusive use as off-street park-
ing and loading. The subsequent use of the
property for which the permit is issued shall
be conditional upon the unqualified continu-
ance and availability of the amount of parking
and loading space required by this ordinance.
B. Off -Street LoadinS. Every use for
which a building is erected or structurally
altered to the extent of increasing the floor
area to equal a minimum floor area required
to provide loading space and which will
require the receipt or distribution of materials
or merchandise by truck or similar vehicle,
shall provide off-street loading space on the
basis of minimum requirements as follows:
a. Commercial, industrial and public
utility uses which have a gross floor area of
5,000 square feet or more shall provide truck
loading or unloading berths in accordance
with the following table:
No. of Berths
Sq. Ft. of Floor Area Required
Less than 5,000 0
5,000 - 30,000 1
30,000 - 100,000 2
100,000 and Over 3
b. Restaurants, office buildings, hotels,
motels, hospitals and institutions, schools and
colleges, public buildings, recreation or enter-
tainment facilities and any similar use which
has a gross floor area of 30,000 square feet or
more shall provide off-street truck loading or
unloading berths in accordance with the
following table:
No. of Berths
Sq. Ft. of Floor Area Required
Less than 30,000 0
30,000 - 100,000 1
100,000 and Over 2
C. A loading berth shall contain space
10 feet wide, 35 feet long and have a height
1:
0106 1429
clearance of 14 feet. Where the vehicles
generally used for loading exceed these
dimensions, the required length of these
berths shall be increased.
d. If loading space has been provided in
connection with an existing use or is added to
an existing use, the loading space shall not be
eliminated if elimination would result in less
space than is required to adequately handle
the needs of the particular use.
e. Off-street parking areas used to fulfill
the requirements of this ordinance shall not
be used for loading and unloading operations
except during periods of the day when not
required to take care of parking needs.
C. Off -Street Parking. Off-street park-
ing spaces shall be provided and maintained
as set forth in this section for all uses in all
zoning districts. Such off-street parking
spaces shall be provided at the time a new
building is hereafter erected or enlarged or
the use of a building existing on the effective
date of this ordinance is changed.
D. Number of Spaces Re uy ired. Off-
street parking shall be provided as follows:
Use Requirement
a. RESIDENTIAL
One, two and three 2 spaces per
family dwellings: dwelling unit
Multi -family dwelling
containing four or
more dwelling units:
Studio or efficiency
unit
.75 space per unit
1 bedroom unit
1.00 space per unit
2 bedroom unit
1.50 space per unit
3 bedroom unit
2.25 space per unit
4 bedroom unit
2.50 space per unit
Apartment/hotel, .50 space guest
rooming or boarding parking per
house: dwelling unit.
Quad or quint 4.5 spaces per quad
dwelling: and 5.5 spaces per
quint.
b. COMMERCIAL RESIDENTIAL
Hotel: 1 space per guest room
plus 1 space per 2
employees.
Motel: 1 space per guest room
or suite plus 1
additional space for the
owner -manager.
Club or lodge: Spaces to meet the
combined require-
ments of the uses being
conducted such as
hotel, restaurant,
auditorium, etc.
Fraternity, sorority 1 space for each 6
or dormitory: student beds.
C. INSTITUTIONS
Welfare or correc-
tional institution:
Convalescent Hos-
pital, nursing
hospital, sanitarium,
rest home, home for
the aged:
1 space per 3 beds for
patients or inmates.
1 space per 2 beds for
patients or residents.
Hospital: 1.5 spaces per bed.
d. PLACES OF PUBLIC ASSEMBLY
Church:
Library, reading
room, museum,
art gallery:
1 space per 4 seats or
8 feet of bench length
in the main auditorium.
1 space per 400 sq. ft.
of floor area plus 1
space per 2 employees.
109
0106 1430
Pre-school, nursery or 2 spaces per
kindergarten: teacher.
Elementary or junior 1 space per
high schools: employee or 1
space per 4 seats
or 8 feet of bench
length in
auditorium or
assembly room,
whichever is
greater.
High schools: 1 space p e r
employee plus 1
space for each 6
students or 1 space
per 4 seats or 8 feet
of bench length in
the main
auditorium,
whichever is
greater.
College or commercial 1 space per 3 seats
school for adults: in classrooms.
Other auditorium or
meeting room:
1 space per 4 seats
or 8 feet of bench
length. If no fixed
seats or benches, 1
space per 60 sq. ft.
of floor space.
e. COMMERCIAL AMUSEMENTS
Stadium, arena or 1 space per 4 seats
theater: or 8 feet of bench
length.
Bowling alley:
Dance hall or skating
rink:
6 spaces per lane
plus 1 space per 2
employees.
1 space per 100 sq.
ft. of floor area plus
1 space per 2
employees.
f. COMMERCIAL
Grocery stores of 1500 1 space per 300 sq
sq. ft. or less of gross ft. of gross floor
floor area, and retail area.
stores, except those selling
bulky merchandise:
Supermarkets, grocery 1 space per 200 sq
stores: ft. of gross floor
area.
(Ord. 90-017 § 1,
1990)
Service or repair shops,
retail stores and out-
lets selling furniture,
automobiles or other
bulky merchandise where
the operator can show
the bulky merchandise 1 space per 600 sq
occupies the major area ft. of gross floor
of the building: area.
Bank or office, except 1 space per 300 sq.
medical or dental: ft. of gross floor
area.
Medical and dental 1 space per 150 sq
office or clinic: ft. of gross floor
area.
Eating or drinking 1 space per 60 sq.
establishments: ft. of gross floor
area.
Mortuaries:
g. INDUSTRIAL
Manufacturing estab-
lishment:
1 space per 4 seats
or 8 ft. of bench
length in chapels.
1 space per
employee on the 2
largest working
shifts.
110
0106 1431
Storage warehouse, 1 space per 2,000
wholesale establishment sq. ft. of floor area.
rail or trucking freight
terminal:
h. Other uses not specifically listed
above shall be provided with adequate
parking as required by the Planning Director
or Hearings Body [Officer]. The above list
shall be used as a guide for determining
requirements for said other uses.
E. General Provisions - Off -Street
Parkins.
a. More Than One Use on One or
More Parcels. In the event several uses
occupy a single structure or parcel of land,
the total requirement for off-street parking
shall be the sum of requirements of the
several uses computed separately.
b. Joint Use of Facilities. The off-street
parking requirements of two or more uses,
structures or parcels of land may be satisfied
by the same parking or loading space used
jointly to the extent that it can be shown by
the owners or operators of the uses,
structures or parcels that their operations and
parking needs do not overlap at any point of
time. If the uses, structures or parcels are
under separate ownership, the right to joint
use of the parking space must be evidence by
a deed, lease, contract or other appropriate
written document to establish the joint use.
C. Location of Parking Facilities. Off-
street parking spaces for dwellings shall be
located on the same lot with the dwelling.
Other required parking spaces shall be
located on the same parcel or another parcel
not farther than 500 feet from the building or
use they are intended to serve, measured in a
straight line from the building in a
commercial or industrial zone. Such parking
shall be located in a safe and functional
manner as determined during site plan
approval. The burden of proving the
existence of such off -premise parking arran-
gements rests upon the applicant.
d. Use of Parking Facilities. Required
parking space shall be available for the
parking of operable passenger automobiles of
residents, customers, patrons and employees
only, and shall not be used for the storage of
vehicles or materials or for the parking of
trucks used in conducting the business or used
in conducting the business or use.
e. Parking, Front Yard. [Unless
otherwise provided,] Required parking and
loading spaces for multi -family dwellings or
commercial and industrial uses shall not be
located in a required front yard, but such
space may be located within a required side
or rear yard.
F. Development and Maintenance Stan-
dards for Off -Street Parking Areas. Every
parcel of land hereafter used as a public or
private parking area, including commercial
parking lots, shall be developed as follows:
a. An off-street parking area for more
than five vehicles shall be effectively screened
by a sight -obscuring fence.[, hedge or
planting.]
b. Any lighting used to illuminate off-
street parking areas shall be so arranged that
it will not project light rays directly upon any
adjoining property in a residential [n R] zone.
C. Groups of more than two (2) parking
spaces shall be located and designed to
prevent the need to back vehicles into a street
or right-of-way other than an alley. [Except
for single-family and duplex dwellings, groups
of more than two parking spaces shall be so
located and served by a driveway that their
use will require no backing movements or
other maneuvering within a street or right-of-
way other than an alley.]
d. Areas used for standing and maneu-
vering of vehicles shall be paved surfaces
maintained adequately for all-weather use and
so drained as to contain any flow of water on
the site.
e. Except for parking to serve residen-
tial uses, parking and loading areas adjacent
to residential uses shall be designed to mini-
mize disturbance of residents.
f. Access aisles shall be of sufficient
width for all vehicular turning and maneuver-
ing.
111
0106 1 432
g. Service drives to off-street parking
areas shall be designed and constructed to
facilitate the flow of traffic, provide maximum
safety of traffic access and egress and maxi-
mum safety of pedestrians and vehicular
traffic on the site. The number of service
drives shall be limited to the minimum that
will accommodate and serve the traffic antici-
pated. Service drives shall be clearly and
permanently marked and defined through the
use of rails, fences, walls or other barriers or
markers. Service drives to drive-in establish-
ments shall be designed to avoid backing
movements or other maneuvering within a
street other than an alley.
h. Service drives shall have a minimum
vision clearance area formed by the intersec-
tion of the driveway centerline, the street
right-of-way line and a straight line joining
said lines through points 30 feet from their
intersection.
i. Parking spaces along the outer [other]
boundaries of a parking area shall be
contained by a curb or bumper rail placed to
prevent a motor vehicle from extending over
an adjacent property line or a street right-of-
way.
G. Off -Street Parking Lot Design. All
off-street parking lots shall be designed in
accordance with county standards for stalls
and aisles as set forth in the following draw-
ings and table:
A B C D E F
9' 0" 9.0 12.0 22.0 30.0
0* 9' 6" 9.5 12.0 22.0 31.0
10' 0" 10.0 12.0 22.0 32.0
9' 0" 19.8 13.012.7 52.5
45 ° 9' 6" 20.1 13.013.4 53.3
10' 0" 20.5 13.014.1 54.0
9' 0" 21.0 18.010.4 60.0
60° 9' 6" 21.2 18.011.0 60.4
10' 0" 21.5 18.011.9 61.0
A B C D E F
9' 0" 21.019.0 9.6 61.0
70 ° 9' 6" 21.2 18.5 10.1 60.9
10' 0'21.2 18.010.6 60.4
9' 0" 20.0 24.0 9.0 64.0
90* 9' 6" 20.0 24.0 9.5 64.0
10' 0'20.0 24.010.0 64.0
A.
Parking Angle
B.
Stall Width
C.
20' Stall(Diagram Here)
D.
Aisle Width -One Way
E.
Curb Length Per Car
F.
Bay Width
*
24' Minimum for
Two -Way Traffic
A
_�
B
F D
a. For one row of stalls use "C" + "D"
as minimum bay width.
b. Public alley width may be included as
part of dimension "D," but all parking stalls
must be on private property, off the public
right-of-way.
C. For estimating available parking area,
use 300-325 square feet per vehicle for stall,
aisle and access areas.
[d. For narrow lots equivalent size stalls
and aisles may be approved by the Planning
Director.]
d[e]. For large parking lots exceeding 20
stalls, alternate rows may be designed for
compact cars provided that the compact stalls
112
0100 1433
do not exceed 30 percent of the total required
stalls. A compact stall shall be 8 feet in width
and 17 feet in length with appropriate aisle
width.
18.116.040 Accessory Uses.
An accessory use shall comply with all
requirements for a principal use, except as
this ordinance specifically allows to the con-
trary, and shall comply with the following
limitations:
A. A side yard or rear yard may be
reduced to three feet for an accessory struc-
ture erected more than 65 feet from a front
lot line, provided the structure is detached
from other buildings by five feet or more and
does not exceed a height of one story nor an
area of 450 sq. ft.
B. Boats and trailers, travel trailers,
pickup campers or coaches, motorized dwell-
ings and similar recreational equipment may
be stored on a lot but not used as an acces-
sory use an any zone provided that:
a. In a residential zone, parking or
storage in a front yard or in a side yard
adjoining a street other than an alley shall be
permitted only on a driveway.
b. Parking or storage shall be at least
three feet from an interior side lot line.
18.116.050 Manufactured Homes.
Manufactured Home Classes. For purposes
of these regulations, manufactured homes are
divided into the following types:
A. A Class A manufactured home shall:
a. Have more than one thousand (1000)
square feet of occupied space in a double
section or larger multi -section unit;
b. Be placed on a permanent foundation
or support skirting system as described in
Section 18.116.060;
C. Have wheels, axles and hitch
mechanisms removed;
d. Have utilities connected in accor-
dance with the requirements of the Building
Codes Agency and manufacturer's specifica-
tions;
e. Bear an insignia of compliance with
the Manufactured Housing and Construction
and Safety Standards Code;
f. Have roofing materials of a type
customarily used on site -constructed resi-
dences, including wood shakes or shingles,
asphalt or fiberglass shingles, corrugated mat -
finish colored metal and tile materials, but
not including high -gloss corrugated aluminum
or fiberglass panels. The roof pitch shall be
a minimum of 2 1/2; (Ord. 91-017 § 1, 1991)
g. Have siding materials of a type custo-
marily used on site -constructed residences
such as clapboard, horizontal vinyl or alumi-
num lap -siding, cedar or other wood siding,
brick or stone, and not including high -gloss
finished material, corrugated metal or fiber-
glass, or metal or plastic panels.
B. A Class B manufactured home shall:
a. Have at least seven hundred and fifty
(750) square feet of occupied space in a
single, double, expando or multi -section unit;
b. Be placed on a permanent foundation
as described in Section 18.116.060;
C. Have wheels, axles and hitch mecha-
nisms removed;
d. Have utilities connected in accor-
dance with the requirements of the Building
Codes Agency and manufacturer's specifica-
tions;
e. Bear an insignia of compliance with
the Manufactured Housing and Construction
and Safety Standards Code as of June 15,
1976;
f. Have roofing materials of a type
customarily used on site -constructed resi-
dences, including wood shakes or shingles,
asphalt or fiberglass shingles, corrugated mat -
finish colored metal and tile materials, but
not including high -gloss corrugated aluminum
or fiberglass panels. The roof pitch shall be
a minimum of 2 1/2; (Ord. 91-017 § 2, 1991)
g. Have non -reflective siding materials
and trim typical of site -constructed residences.
C. A Class C manufactured home shall:
a. Have at least five hundred and
seventy-six (576) square feet of occupied
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0106 1434
space, excluding tipouts and hitches; (Ord.
91-017§3,1991)
b. Be placed on a permanent foundation
or support system with skirting, as described
in Section 18.116.060;
C. Bear an insignia of compliance with
the Manufactured Housing and Construction
and Safety Standards Code as of June 15,
1976, or bear the Oregon Department of
Commerce "Insignia of Compliance" (Ord. 91-
017§4,1991);
d. Have utilities connected in accor-
dance with the requirements of the Building
Codes Agency and manufacturer's specifica-
tions.
D. A Class D manufactured home shall:
a. Have more than three hundred and
twenty (320) square feet of occupied space;
b. Be placed on a permanent foundation
or support system with skirting, as described
in Section 18.116.060;
C. Have utilities connected in accor-
dance with requirements of the Building
Codes Agency and manufacturer's specifi-
cations. (Ord. 91-005 § 38,1991; Ord. 89-004
§ 5, 1989)
(Section 5.100, Minimum Standards for a
Mobile Home... repealed by Ord. 89-004 § 3,
1989; Ord. 81-042 § 1, 1981)
(Section 5.105, Mobile Home Design. . .
repealed by Ord. 91-005 § 39, 1991; Ord. 89-
004 § 5, 1989)
(Section 5.110, Mobile Home as Primary...
repealed by Ord. 89-004 § 3, 1989; 81-042 § 2,
1981)
18.116.060 Manufactured Home
Installation Standards.
Manufactured homes shall meet the follow-
ing installation standards:
A. Permanent Foundation With
Enclosed Perimeter. If a manufactured home
is to be placed on a permanent foundation
with perimeter enclosure, it must be set onto
an excavated area, with foundations, footings
and crawl space or basement walls con-
structed in accordance with the Building
Codes Agency standards. The space between
the floor joists of the home and the excavated
underfloor grade shall be completely enclosed
with the permanent perimeter enclosure,
except for required openings. (Ord. 91-005 §
40, 1991)
B. Support System With Skirting. All
manufactured homes without a permanent
foundation and perimeter enclosure shall have
an approved support system with skirting
enclosing the entire perimeter of the home.
Skirting and back-up framing shall be of
weather -resistant or self -extinguishing mate-
rials, which blend with or match the exterior
siding of the home. Below grade, the
materials shall be unaffected by decay or
oxidation. The skirting shall be installed in
accordance with manufacturer's
recommendations or approved equal stan-
dards. The skirting shall be one-half ventil-
ated by openings, and such openings shall be
a net area of not less than one and one-half
(1 1/2) square feet for each twenty-five (25)
linear feet of exterior perimeter. The open-
ings shall be covered with corrosion resistant
wire mesh or approved ventilation panels not
larger than one half (1/2) inch in any dimen-
sion. The underfloor area shall be provided
with an eighteen (18) inch by twenty-four (24)
inch minimum size access crawl hole, which
shall not be blocked by pipes, ducts or other
construction interfering with the accessibility
of the underfloor space, or another approved
access mechanism.
C. Accessory Structures:
a. Accessory structures (garages,
carports and sheds) are allowed for all manu-
factured housing.
b. Ramadas and snow roofs shall be
constructed of any material.
C. Accessory structures such as decks,
porches, awnings, steps and carports are
permitted subject to meeting current state
building code requirements (no size limit) and
design criteria for manufactured housing, as
set forth in this Section.
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0106 1435
d. Additional living area may be added
to a manufactured home but must meet the
current state building codes and satisfy the
design criteria for manufactured housing.
(Ord. 91-005 § 40, 1991; Ord. 89-004 § 5,
1989)
(Section 5.120, Mobile Home as a Secondary.
.. repealed by Ord. 89-004 § 3, 1989; Ord. 81-
042 § 3, 1981)
(Section 5.125, Mobile Home Installation.. .
repealed by Ord. 91-005 § 41, 1991; Ord. 89-
004 § 5, 1989)
(Section 5.130, Mobile Horne as Single -Family
... repealed by Ord. 89-004 § 3, 1989; Ord.
81-042 § 4, 1981)
18.116.070 Placement Standards for
Manufactured Homes.
A. As defined in Section 18.116.050,
Class A and B manufactured homes shall be
permitted as follows, subject to the require-
ments of the underlying zone:
a. In the following zones, except where
there is a Conventional Housing Overlay
Zone (CH): EFU-320, EFU-80, EFU-40,
EFU-20, MUA-10, F-2, F-3, RR -10, RSC,
RSR -M, RSR -5, FP as the primary dwelling,
and R -I as a caretaker's residence.
b. In manufactured home parks and
subdivisions.
C. As permitted in Sections 18.116.080
and 18.116.090.
d. Class A and B manufactured homes
are not permitted in any historic district or on
any historic site.
B. Class C manufactured homes shall be
permitted as follows:
a. Except as otherwise allowed in this
subsection, on parcels ten (10) acres in size or
larger.
b. As a secondary accessory farm dwell-
ing.
C. In manufactured home parks and
manufactured home subdivisions.
d. As permitted in Sections 18.116.080
and 18.116.090.
e. As a replacement to an existing
nonconforming manufactured home destroyed
by fire or other natural act, or as an upgrade
to an existing manufactured home.
f. In the following subdivisions:
Rockview II, Tetherow Crossing, Chaparral
Estates, Crystal Acres, Hidden Valley Mobile
Estates, Johnson Acres, Seven Peaks, Sun
Mountain Ranches, River Homesites, Happy
Acres, Rancho El Sereno, Whispering Pines,
Bend Cascade View Estates, Raintree,
Holmes Acres, LaPine Meadows North, Pine
Crest Ranchettes, Dora's Acres, Pierce Tracts,
Roan Park, South Forty, Tomes, Crooked
River Ranch, Dale Acres, Replat/Hillman,
Lake Park Estates, Mary K. Falls Estates.
g. Class C manufactured homes are not
permitted in any historic district or on any
historic site.
C. An exception may be granted by the
Planning Director or Hearings Body to allow
a Class C manufactured home to be placed in
a subdivision which is not listed in paragraph
(B)(f), above, where all of the following
conditions exist:
a. The manufactured home is specifi-
cally designed or has been substantially modi-
fied for wheelchair or handicapped access
(handicapped accessible manufactured home).
b. There are Class C manufactured
homes in the subdivision located within one-
quarter mile of the lot upon which the manu-
factured home will be placed.
C. The handicapped-accessiblemanufac-
tured home and lot upon which the manufac-
tured home is to be placed were purchased by
the applicant prior to February 22, 1989.
D. Class D manufactured homes shall be
permitted as follows:
a. In manufactured home parks and
subdivisions.
b. As permitted in Sections 18.116.080
and 18.116.090.
C. Class D manufactured homes are not
permitted in any historic district or on any
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0106 1436
historic site. (Ord. 91-005 § 42, 1991; Ord.
89-004 § 5, 1989)
(Section 5.140, Mobile Home as Conditional
... repealed by Ord. 89-004 § 3, 1989; Ord.
81-042 § 5, 1981)
(Section 5.145, Placement Standards . . .
repealed by Ord. 91-005 § 43, 1991; Ord. 89-
014 § 1, 1989; Ord. 89-004 § 5, 1989)
18.116.080 A Manufactured Home or a
Recreational Vehicle as a
Temporary residence on an
Individual Lot.
A manufactured home of any class or a
recreational vehicle may be authorized as a
temporary residence on an individual lot and
shall comply with the following additional
provisions:
A. The manufactured home or recrea-
tional vehicle shall be placed upon a lot for
which a building permit for a housing unit has
been obtained.
B. The manufactured home or recrea-
tional vehicle shall be occupied only during a
period in which satisfactory progress is being
made toward the completion of the housing
unit on the same site.
C. Electric, water and sewer utility
connections shall be made to the manufac-
tured home or recreational vehicle.
D. The manufactured home shall be
removed from the lot not later than eighteen
months following the date on which the
building permit for the housing unit is issued
or not later than two months following the
date of final building inspection of the hous-
ing unit, whichever occurs first. The habita-
tion of the recreational vehicle must cease,
and its connection to all utilities other than
electric must be discontinued not later than
eighteen months following the date on which
the building permit for the housing unit is
issued or not later than two months following
the completion of the housing unit, whichever
occurs first.
F. All evidence that the manufactured
home has been on the lot shall be removed
within the thirty (30) days following the
removal of the manufactured home. (Ord.
91-005 § 44, 1991; Ord. 89-004 § 4, 1989)
18.116.090 A Manufactured Home as a
Temporary Residence for
Medical Condition.
A. A temporary use permit for a manu-
factured home of any class in a residential
area may be granted when a medical
condition exists which requires the temporary
location of a manufactured home on the
property in order to provide necessary care
for a member of the principal occupant's
family. Such medical condition must be
verified by a doctor's written statement, which
shall accompany the permit application.
B. The temporary use permit shall be
reviewed annually for compliance with the
terms of this section.
C. The manufactured home shall be
removed not later than ninety (90) days
following the date the medical condition
requiring the temporary use permit ceases to
exist. (Ord. 91-005 § 45, 1991; Ord. 89-004 §
5, 1989)
18.116.100 Building Projections.
Architectural features such as cornices,
eaves, canopies, sunshades, gutters, chimneys
and flues shall not project more than three
feet into a required yard, provided that the
projection is not closer than three feet to a
property line.
18.116.110 Lot Size Reduction.
No lot area, yard, other open space or off-
street parking or loading area existing on or
after the effective date of this ordinance shall
be reduced below the minimum required for
it by this ordinance.
18.116.120 Fences.
A. Except as otherwise provided, permit-
ted or required, fences, hedges and walls shall
not exceed the height limitations of the
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0106 143'7
appropriate zone in this ordinance except as
follows:
B. Security fencing consisting of chain
link fencing or similar material shall be
permitted at a height in excess of height
limitation with the following exceptions:
a. Security fencing shall not exceed
height limitations for fences when located in
the required front yard.
b. Security fencing shall not be con-
structed of materials to form a solid barrier.
C. Fences enclosing game or play areas
constructed of chain link fencing or the like
may be permitted in excess of the height
limitations conditional upon the following:
a. Fencing shall not exceed height
limitations when located in the required front
yard.
b. Fencing shall not be constructed of
materials to form a solid barrier.
D. Fences constructed of chain link
fencing or similar materials enclosing school
grounds may be erected at a height in excess
of height limitations.
18.116.130 Hydroelectric Facilities.
A. No new hydroelectric facilities shall
be constructed, and no existing hydroelectric
facilities shall be enlarged or expanded in size
of area or generating capacity, on the follow-
ing rivers and streams within Deschutes
County:
a. Deschutes River, from its headwaters
to River Mile 227, above, but not including
Wickiup Dam, and from Wickiup Dam to
River Mile 171 below Lava Island Falls;
b. Crooked River;
C. Fall River;
d. Little Deschutes River;
e. Spring River;
f. Paulina Creek;
g. Squaw Creek; and
h. Tumalo Creek.
B. Hydroelectric facilities are allowed as
a conditional use on the Deschutes River at
Wickiup Dam, and from River Mile 171
below Lava Island Falls downstream to the
northern Deschutes County line. Such
conditional use shall be governed by the
conditions set forth in Section 18.128.040.
(Ord. 86-018 § 17, 1986)
18.116.140 Electrical Substations.
Electrical substations, whether as an out-
right or conditional use, shall submit a site
plan complying with the provisions of this
ordinance to the Planning Department.
18.116.150 Endangered Species.
Developments which occur in areas which
may disturb species (plant or animal) listed by
the U. S. Environmental Protection Agency or
the Department of Fish and Wildlife as
endangered shall prepare an acceptable pro-
tection plan for use during and after construc-
tion (e.g., a nest protection plan for develop-
ments in the vicinity of Bald Eagle nesting
sites).
18.116.160 Rimrock Setbacks.
A. All structures shall be set back a
minimum of 20 feet from the edge of the
rimrock, as defined in Section 18.04.030,
"Rimrock."
B. The 20 -foot rimrock setback shall not
apply to decks so long as the railing or other
man-made border around the deck does not
exceed four feet in height and is not of solid
construction. However, no deck shall be set
back less than three feet from any rimrock.
C. If there is more than one rimrock
ledge or outcrop within the river or stream
canyon, the 20 -foot setback requirement shall
be measured from the rimrock which is fur-
thest from the river or stream.
D. If the 20 -foot rimrock setback is
within 100 feet of the ordinary [mean] high
water line [mark] of the river or stream, the
structure may be granted an exception to the
100 -foot river or stream setback, as provided
under Section 18.120.030 for structures
meeting the criteria of [, if it meets the
criteria under] Section 18.120.030(E)(b)(2).
However, under no circumstances shall the
structure be set back less than 20 feet from
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O NG 1488
the rimrock. (Ord. 86-053 § 21, 1986; Ord.
82-013 § 2, 1982)
(Section 5.250, Lands Adjoining SM or SMR
Zones, repealed by Ord. 88-004 § 1,1988; Or-
d. 85-016 § 2, 1985; Ord. 81-015 § 1, 1981)
18.116.170 Solar Height Restrictions.
No building, structure or non-exempt vege-
tation may exceed the solar height restriction
established on a burdened property by the
solar access of a benefitted property. (Ord.
83-037 § 25, 1983)
18.116.180 Building Setbacks for the
Protection of Solar Access.
A. Purpose. The purpose of this section
is to provide as much solar access as practical
during the winter solar heating hours to
existing or potential buildings by requiring all
new structures to be constructed as far south
on their lots as is necessary and feasible.
B. Standards. Every new structure or
addition to an existing structure shall meet
the following standards except as provided in
(c) below:
a. South Wall Protection Standard. The
south wall protection standard is established
in Appendix A, and all new structure or
additions shall meet this standard if feasible.
If it is not feasible due to physical constraints
of the lot, including, but not limited to, rock
outcroppings, septic systems, existing legal
restrictions or lot dimensions, as determined
by the Planning Director or Hearings Body,
then the structure or addition must be located
as far to the south on the lot as feasible and
must meet the standard set forth in paragraph
(b), below.
b. South Roof Protection Standard. All
new structures or additions to existing struc-
ture shall meet the standard for south roof
protection set forth in Appendix B.
C. Exceptions. The south roof protec-
tion standard shall not apply only if the appli-
cant establishes:
1. That the structure cannot be located
on the lot without violating the requirements
contained in Appendix B; and
2. That the structure is built with its
highest point as far to the south as feasible;
and
i. That the structure is a single family
residence with a highest point less than or
equal to 16 feet high; or, if not a single family
residence;
ii. That it is a permitted or conditional
use for the lot.
d. Exemptions.
1. The governing body may exempt
from the provision of this section any area
where it is determined [which it determines]
that solar uses are not feasible because the
area is already substantially shaded due to
heavy vegetation, steep north facing slopes,
and any area or zone in which taller buildings
are planned.
2. The Planning Director or Hearings
Body shall exempt a structure from the provi-
sions of this section if the structure will shade
only a protected area in which solar uses are
not feasible because the protected area is
already substantially shaded at the time a
request for exemption is made and approved
by the Planning Director or Hearings Body.
3. The Planning Director or Hearings
Body shall exempt a structure from the provi-
sions of Section 18.116.180 if the structure is
in conformance with a solar height restriction
as provided in Deschutes County Code Title
17, the Subdivision/Partition Ordinance, as
amended. (Ord. 83-037 § 3, 1983)
18.116.190 Solar Access Permit.
A. Purpose. The purpose of this section
is to provide solar access to productive solar
collectors by establishing limitations, on a
case by case basis, for the growth of vegeta-
tion on certain lots in the vicinity of a produc-
tive solar collector.
B. Application for Solar Access Permit.
a. Any owner may submit an application
for a solar access permit to provide solar
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0100 1439
access for a productive solar collector located
on the owner's real property.
b. The application for a solar access
permit shall be on forms prescribed by the
county and shall contain, at a minimum:
1. A legal description of the applicant's
lot, including a statement that the applicant is
the owner of the lot, and a description of the
nature of the applicant's interest in the lot;
2. Documentation to show that the solar
collector is or will be a productive solar
collector within one year of application;
3. Descriptive drawings of the solar
collector showing its dimensions and precise
location;
4. A sunchart and a statement of the
solar heating hours for which solar access is
sought;
5. A statement that there is no reason-
able alternative location for the solar collector
that would result in a lesser burden on a
neighboring lot;
6. A statement that trimming the vege-
tation on the applicant's lot will not permit an
alternative location that would lessen the
burden on a neighboring lot;
7. A list of the lots that are within 150
feet to the south, southeast, or southwest of
the solar collector, including streets, alleys
and other unbuildable areas; a legal
description for each such lot; the owner of
record and his address; the exempt vegetation
located on the lot; and any existing non-
exempt vegetation likely to encroach on the
protected area;
8. A statement that none of the lots
impacted are located on a north facing slope
with a grade that exceeds, on average, 15
percent;
9. A plot plan showing the location of
and delineating all exempt and non-exempt
vegetation as shown on the sunchart photo-
graph as well as any non-exempt vegetation
not shown on the sunchart which may
encroach on the protected area in the future.
The plot plan shall also include:
i. The exact site of the solar collector,
its height and its orientation.
ii. Scale.
iii. An indication of true north.
iv. A survey of the lot.
C. The solar access permit application
shall be approved if:
1. The solar collector is or will be a
productive solar collector;
2. The protected area to be created by
the solar access permit is reasonably located.
A solar access permit shall be denied under
this paragraph if the applicant could trim his
own vegetation to permit an alternative loca-
tion that would be less burdensome upon a
burdened neighboring lot. A solar access
permit shall also be denied under this para-
graph if there is an alternate location that
would impose a lesser burden on a neighbor-
ing lot or lots;
3. The applicant requests solar heating
hours no greater than two hours before and
after the solar zenith from September 22 to
March 21, and three hours before and after
the solar zenith from March 22 to September
21;
4. The solar access provided by the
permit does not burden any lot with a north
facing slope with a grade that exceeds, on
average, 15 percent; or which is more than
150 feet from the solar collector; and
5. The application is accurate and com-
plete.
C. Solar Access Permit Issuance and
Recordation.
a. Upon the approval of an application,
the county shall issue and acknowledge a
solar access permit creating the solar access
requested in the application.
b. Upon receiving such a permit, the
County Clerk shall:
1. Record the solar access permit in the
chain of title of the applicant's lot and of
each neighboring lot identified in the applica-
tion; and
2. Keep a copy of the approved applica-
tion on file in County Records.
C. The form of the solar access permit
shall be as prescribed by the county and shall
contain, at a minimum:
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0100 1440
1. A legal description of the applicant's
lot and each neighboring lot to be burdened
by the solar access created by the solar access
permit; and
2. A complete description of the solar
access restrictions applicable to each neigh-
boring lot, including the solar heating hours
during which solar access is provided, and a
sunchart showing the plotted skyline, includ-
ing vegetation and structures, and a scaled
drawing showing the size and location of the
protected area and its orientation with respect
to true south; and
3. A reference to where the approved
application may be obtained.
D. Obligation Created by Solar Access
Permit. The owner of any lot burdened by a
solar access permit shall trim any vegetation
not exempted on the burdened lot that shades
the protected area created by the solar access
permit, provided that there is no vegetation
on the lot benefitted by the solar access
permit that also shades the protected area.
The cost of such trimming shall be borne by
the owner of the benefitted lot if the vegeta-
tion existed at the time of permit application
as shown on the plot plan; and for all other
vegetation, by the owner of the burdened lot.
Before any trimming is required, the collector
owner must certify that the collector is still
productive.
E. Termination of Solar Access Permit.
a. The Planning Director or Hearings
Body shall terminate the solar access permit
with respect to all or part of the neighboring
lots burdened by the solar access permit if a
petition for termination is submitted by the
applicant or the applicant's successor in
interest, or the collector is not productive for
12 consecutive months.
b. The County Clerk shall record the
termination of the solar access permit in the
chain of title of each lot affected by the
termination. (Ord. 83-037 § 3, 1983)
18.116.200 Time Share Unit.
A. Any time-share unit project shall
have its primary access on an arterial or
collector street.
B. New time-share units may be devel-
oped in vacant areas in the applicable zoning
districts provided that such developments
comply with (A), above, and the following:
a. That such development has a mini-
mum site size of ten acres, except within the
Planned Community (PC) Zone.
b. That such development is appro-
priately buffered by the use of yards, land-
scaping, etc, from adjoining properties as
determined during site plan review consider-
ing 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 develop-
ment are used as time-share units for this
purpose. (Ord. 83-033 § 11, 1983)
18.116.210 Conservation Easements on
Property Adjacent to Rivers
and Streams; Prohibitions.
A. As a condition of approval of all land
use actions involving property adjacent to the
Deschutes River, Crooked River, Fall River,
Little Deschutes River, Spring River, Paulina
Creek, Squaw Creek and Tumalo Creek, the
property owner shall convey to the county a
conservation easement, as defined in Section
18.04.030, "Conservation Easement," affecting
all property on the subject lot which is within
10 feet of the ordinary [mean] high water
mark of the river or stream.
B. The form of the conservation ease-
ment shall be as prescribed by the county and
may contain such conditions as the county
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0106 1441
deems necessary to carry out the purposes
described in Section 18.04.030, "Conservation
Easement."
C. Any public access required as part of
a conservation easement shall be subject to
the following conditions:
a. Public access shall be limited to foot
traffic for recreational purposes and the
putting in or taking out of boats.
b. Unless otherwise permitted by the
affected property owner, public access does
not allow public passage through other private
property to gain access to the property subject
to the conservation easement.
C. Unless otherwise permitted by state
law, county ordinance or the property owner,
no person on the subject property as a result
of a public access requirement of a conserva-
tion easement shall deposit solid waste, dam-
age or remove any property, (including wild-
life and vegetation) maintain or ignite fires or
fireworks, discharge firearms or camp. (Ord.
86-054 § 2, 1986)
(Section 8.090, Temporary Use Permit,
repealed by Ord. 89-004 § 3, 1989)
Chapter 18.120
EXCEPTIONS
Sections:
18.120.010
Nonconforming Uses
18.120.020
Nonconforming Lot Sizes
18.120.030
Exceptions to Yard
Requirements
18.120.040
Building Height Exceptions
18.120.050
Fill and Removal Exceptions
18.120.010 Nonconforming Uses.
A. Subject to the provisions of this
section, a nonconforming use or structure
may be continued but may not be extended or
altered, unless necessary to comply with a
lawful requirement. The extension of a
nonconforming use to a portion of a structure
for which a building permit or zoning permit
has been granted at the time of passage of
this ordinance shall not be deemed an
enlargement or expansion of a nonconforming
use. A nonconforming structure which
conforms with respect to use may be altered
or expanded if the alteration or expansion
does not cause the structure to deviate further
from the standards of this ordinance.
B. If a nonconforming use is discon-
tinued for a period of one year, further use of
the property shall conform to this ordinance.
C. If a nonconforming use is replaced by
another use, the new use shall conform to this
ordinance.
D. If a nonconforming structure or a
structure containing a nonconforming use is
destroyed by any cause to an extent exceeding
50 percent of its fair market value as indi-
cated by the records of the County Assessor,
the use shall not be re-established.
E. Nothing contained in this ordinance
shall require any change in the plan, construc-
tion, alteration or designated use of a struc-
ture for which a building permit has been
issued by the county prior to the adoption of
the ordinance, provided the structure is com-
pleted and in use within two years from the
time the permit is issued.
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0106 1442
F. Nonconforming uses created by this
ordinance shall register their status with the
Planning Department within two years of the
adoption of this ordinance.
18.120.020 Nonconforming Lot Sizes.
A. Any parcel of land or portion thereof
which is to be dedicated to a public or other
entity for a road, canal, railroad, utility or
other public use shall be exempt from the
minimum lot size requirements set forth by
this ordinance. (Ord. 87-015 § 2, 1987)
B. Whereas land sections in the county
are affected by survey adjustments, minimum
requirements relative to lot sizes, where
applicable, shall be considered as standard
metes and bounds land section division, i.e.,
160 acres, 80 acres, 40 acres, 20 acres, etc.;
lot sizes, therefore, may be reasonably smaller
than set forth by this ordinance if a total
section acreage reduction is due to a survey
adjustment or other man-made barriers over
which the applicant has had no control.
C. Any lot that is smaller than the
minimum area required in any zone may be
occupied by an allowed use in that zone
provided that:
a. The lot or parcel is a lot of record, as
defined in Section 18.04.030, "Lot of Record."
b. The use conforms to all other
requirements of that zone.
C. If there is an area deficiency, residen-
tial use shall be limited to a single dwelling
unit.
d. All necessary permits are obtained.
(Ord. 87-015 § 1, 1987)
18.120.030 Exceptions to Yard
Requirements.
The following exceptions to yard require-
ments are authorized for a lot in any zone:
A. If there are buildings on both lots
adjoining an intervening lot that are within
100 feet of the intervening lot, and the build-
ings have front yards of less than the required
depth for the zone, the depth of the front
yard for the intervening lot need not exceed
the average depth of the front yards of the
adjoining lots.
B. Architectural features such as cor-
nices, eaves, sunshades, gutters, chimneys and
flues may project into a required yard. Also,
steps, terraces, platforms, porches having no
roof covering and fences not interfering with
the vision clearance requirements may project
into a required yard. Signs conforming to the
requirements of this ordinance and all other
applicable ordinances shall be permitted in re-
quired yards.
C. Canopies: The yard between a
canopy and any lot line shall be a minimum
of 10 feet, except that a smaller setback may
be permitted if specifically allowed in a given
zone.
D. An addition to an existing residential
dwelling which is within 100 feet from the
ordinary high water [line or] mark along a
stream or lake may be constructed provided
that the addition is for residential dwelling
purposes, no part of the addition is closer to
the stream or lake than the existing residen-
tial structure, the addition is 900 sq. ft. in
area or smaller and does not exceed the area
[square foot] of floor space of the existing
structure and the addition conforms with all
other setbacks and building limitations. (Ord.
81-003 § 1, 1981)
E. Dwellings on parcels created prior to
November 1, 1979, may be granted an excep-
tion to the 100 -foot setback from the ordinary
high water [line or] mark along a stream or
lake subject to Deschutes County Code Title
22, the Uniform Development Procedures
Ordinance, and the following conditions
[criteria]:
a. An application shall be filed which
includes:
1. A detailed explanation of the planned
development.
2. An explanation of why an exception
is necessary.
3. A site plan, drawn to scale, and
accompanied by such drawings, sketches and
descriptions necessary to describe and
122
0106 1443
illustrate the proposed development. The site
plan shall, at a minimum, include:
i. An inventory of existing vegetation,
including trees on the lot located within 200
feet of the ordinary high water [line or] mark
along the stream or lake. The inventory shall
be in sufficient detail to allow the review and
evaluation of the impacts of the proposed
development.
ii. Proposed modifications of the vegeta-
tion on the lot within 200 feet of the ordinary
high water [line or] mark along the stream or
lake, including the size, species and approxi-
mate locations of existing vegetation to be
retained and new vegetation proposed to be
placed upon the site.
iii. Existing and proposed site contours.
iv. The locations and dimensions of all
structures, property lines, easements, high
water lines or marks, utilities and uses.
V. Other site elements and information
that will assist in the evaluation of the pro-
posed development.
4. An explanation of how the proposed
development will satisfy each of the exception
criteria set forth in Section 18.120.030(E)(b),
below.
b. An exception may be granted only
upon findings that:
1. The structure to be sited is a dwelling
that is no greater than 40 feet in depth (inclu-
ding garages, carports and decks);
2. Adherence to the 100 -foot setback
would create a hardship, as defined in para-
graph (3) below, preventing such a dwelling
from being sited on the lot;
3. The site plan protects and enhances
the vegetative fringe between the dwelling
and the stream or lake to the degree neces-
sary to meet the requirements set forth in the
applicable goals and policies of the Compre-
hensive Plan; and
4. A conservation easement providing
that the elements of the site plan will be
carried out and maintained as approved, in
perpetuity, for the area between the ordinary
high water [line or] mark and the dwelling has
been conveyed to the county.
C. 1. For the purposes of this section,
a hardship exists only in one of the following
situations:
i. Adherence to setbacks required by
the zoning ordinance in effect at the time of
the application made under this section would
prevent the dwelling from being sited on the
lot, if the 100 -foot setback were observed;
ii. The siting of a legal on-site disposal
system, placed on the lot prior to November
1, 1979 makes it impossible for the dwelling
to meet the 100 -foot setback;
iii. Any approved initial on-site sewage
disposal system and replacement system other
than a sand filter system cannot be sited on
the lot in a manner that will allow the dwell-
ing to meet the 100 -foot setback requirement;
iv. If the only initial on-site sewage dis-
posal system for which approval can be
obtained is a sand filter system and such a
system and its replacement system cannot be
sited on the lot in a manner that will allow
the dwelling to meet the 100 -foot setback
requirement; or
V. Dwellings exist on both adjoining lots
that are closer to the stream or lake than the
proposed dwelling and such existing dwellings
are located within 40 feet of the proposed
dwelling.
2. If utilization of a sand filter system as
a replacement system will allow such a
dwelling to meet the 100 -foot setback, no
exception shall be granted for reasons of on-
site sewage disposal constraints.
d. Dwellings qualifying for a setback
exception under the criteria set forth above
shall be located as follows:
1. Except as set forth in paragraph (2),
below, the dwelling must be located as far as
possible from the ordinary high water line of
the stream or lake, allowing for the hardship
constraints identified for the property.
i. In instances where use of a sand filter
system for a replacement system would allow
the dwelling to be located further from the
stream or lake than if another type of
replacement system were utilized, the dwelling
shall be sited in a manner to allow only
123
0106 1444
enough room for a the approved initial on-
site sewage disposal system and a sand filter
system as a replacement system.
2. Where a dwelling qualifies for a
setback by virtue of paragraph (c)(1)(v),
above, the dwelling may be set back at a
distance from the ordinary high water mark
consistent with the adjoining houses, but in
no case shall any part of such dwelling be
located closer to the ordinary high water line
than a line extending between the points of
the adjoining houses that are closest to the
river. (Ord. 90-020 § 2, 1990; Ord. 86-032 §
1, 1986; Ord. 84-002 § 1, 1984; Ord. 81-005 §
1, 1981; Ord. 81-003 § 1, 1981)
18.120.040 Building Height Exceptions.
The following structures or structural parts
are not subject to the building height limita-
tions of this ordinance: chimneys, tanks,
church spires, belfries, domes, monuments,
fire and hose towers, observation towers,
transmission towers, smokestacks, flagpoles,
radio and other similar projections. This
exception does not apply to an Airport Devel-
opment Zone or Airport Height Combining
Zone.
18.120.050 Fill and Removal Exceptions.
A. The following fill and removal activi-
ties are permitted outright if the material to
be filled or removed will not exceed 50 cubic
yards in volume:
a. Removal of vegetation for the
purpose of:
1. Removal of diseased or insect -
infested trees or shrubs, or rotten or damaged
trees that present safety hazards.
2. Normal maintenance and pruning of
trees and shrubs.
B. The following fill and removal activi-
ties may be authorized by the Planning Direc-
tor or Hearings Body upon a finding that no
adverse impacts will occur to the water
resources of Deschutes County:
a. Minor fill or removal required for
vegetative enhancement, including excavation
and preparation of the ground for planting
0106 1445
additional vegetation.
b. Fill or removal for maintenance and
repair of existing bridges, dams, irrigation
facilities and similar public and semi-public
facilities, provided such fill or removal does
not alter the existing characteristics of the
stream, river or wetland.
C. Fill or removal for maintenance and
repair of nonconforming structures or boat
docks. (Ord. 86-056 § 3, 1986)
124
Chapter 18.124
SITE PLAN REVIEW
Sections:
18.124.010
Purpose
18.124.020
Elements of Site Plan
18.124.030
Approval Required
18.124.040
Contents and Procedure
18.124.050
Decision on Site Plan
18.124.060
Approval Criteria
18.124.070
Required Minimum Standards
18.124.010 Purpose.
This section provides for administrative
review of the design of certain developments
and improvements in order to promote func-
tional, safe, innovative and attractive site
development compatible with the natural and
man-made environment.
18.125.020 Elements of Site Plan.
The elements of a site plan are: the layout
and design of all existing and proposed
improvements, including, but not limited to,
buildings, structures, parking, circulation
areas, outdoor storage areas, landscape areas,
service and delivery areas, outdoor recreation
areas, retaining walls, signs and graphics, cut
and fill actions, accessways, pedestrian walk-
ways, buffering and screening measures and
street furniture.
18.124.030 Approval Required.
A. No building, grading, parking, land
use, sign or other required permit shall be
issued for a use subject to this section, nor
shall such a use be commenced, enlarged,
altered or changed until a final site plan is
approved according to Deschutes County
Code Title 22, the Uniform Development
Procedures Ordinance. (Ord. 86-032 § 1,
1986)
B. The provisions of this section shall
apply to all conditional use permits, multiple -
family dwellings and community service uses
in any zone, and all developments in the
following zones:
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0106 1446
a. All commercial zones.
b. All industrial zones.
C. All landscape management zones.
d. All planned developments, cluster
developments and planned communities.
C. Non-compliance with a final approved
site plan shall be a zoning ordinance violation.
D. As a condition of approval of any
action not included in subsection (B) of this
section, the Planning Director or Hearings
Body may require site plan approval prior to
the issuance of any permits. [The Board of
County Commissioners or Hearings Officer
may, as a condition of approval of any action
in addition to those outlined in subsection (B)
of this section, require that site plan approval
be obtained prior to issuance of any required
permit.]
18.124.040 Contents and Procedure.
A. Any site plan shall be filed on a form
provided by the Planning Department and
shall be accompanied by such drawings,
sketches and descriptions necessary to
describe the proposed development. A plan
shall not be deemed complete unless all
information requested is provided.
B. Prior to filing a site plan, the appli-
cant shall confer with the Planning Director
or his representative concerning the require-
ments for [requisites of] formal application.
[C. Following the pre -application
meeting, the applicant shall file with the
Planning Department a site plan which shall
contain the items listed in paragraph (D),
below.]
C[D]. After the pre -application conference,
the applicant [with the Planning Director,]
shall submit a site development plan, an
inventory of existing plant materials including
all trees six inches in diameter or greater and
other significant species, a landscape plan and
architectural drawings including [indicating]
floor plans and elevations.
D[E]. The site development plan shall
indicate the following:
a. Access to site from adjacent rights-of-
way, streets and arterials.
b.
Parking and circulation areas.
C.
Location, dimensions (height and
bulk)
and design of buildings and signs.
d.
Orientation of windows and doors.
e.
Entrances and exits.
f.
Private and shared outdoor recrea-
tion spaces.
g. Pedestrian circulation.
h. Public play areas.
i. Service areas for uses such as mail
delivery, trash disposal, above -ground utilities,
loading and delivery.
j. Areas to be landscaped.
k. Exterior lighting.
1. Special provisions for handicapped
persons.
M. Existing topography of the site at
intervals appropriate to the site, but in no
case having a contour interval greater than 10
feet.
n. Signs.
o. Public improvements.
p. Drainfield locations.
q. Other site elements and information
which will assist in the evaluation of site
development.
E. The landscape plan shall indicate:
a. The size, species and approximate
locations of existing natural plant materials
proposed to be retained and new plant mate-
rials proposed to be placed on site.
b. Proposed site contouring.
C. An explanation of how drainage and
soil erosion is to be dealt with during and
after construction.
F. Residential and agricultural buildings
located within the Landscape Management
Zone shall be required to furnish only the
following information:
a. Locations and dimensions of build-
ings and property lines.
b. Location, size and species of existing
vegetation six inches in diameter [caliper] or
greater.
C. Building elevations of the proposed
structure.
126
0106 144'7
d. A drawing of the proposed exterior
appearance and a description of materials to
be used.
18.124.050 Decision on Site Plan.
A. The Planning Director or Hearings
Body may deny the site plan or approve it
[recommend approval or denial] with such
modifications and conditions as may be con-
sistent with the Comprehensive Plan or the
criteria and standards listed in this ordinance.
B. The Planning Director or Hearings
Body [Officer] as a condition of approval may
require that the applicant file with the county
a performance bond or other security
approved by the governing body to assure full
and faithful performance of any required
improvements. The bond shall be for the
dollar amount plus 10% of the estimated cost
of the improvements.
C. Planning Director or Hearings Body
[Officer] review shall be in accordance with
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. (Ord.
86-032 § 1, 1986)
18.124.060 Approval Criteria.
Approval of a site plan shall be based on
the following criteria:
A. The elements of the site plan shall
relate harmoniously to the natural environ-
ment and existing buildings and structures
having a visual relationship with the site.
B. The elements of the site plan should
promote energy conservation and provide
adequate protection from adverse climatic
conditions, noise and air pollution.
C. Each element of the site plan shall
effectively and efficiently serve its function.
The elements shall be on a human scale,
interrelated and shall provide spatial variety
and order.
D. The landscape and existing topo-
graphy shall be preserved to the greatest
[maximum] extent possible, considering
development constraints and suitability of the
landscape and topography [to serve their
function]. Preserved trees and shrubs shall be
protected.
E. The site plan shall be designed to
provide a safe environment, while offering
appropriate opportunities for privacy and
transition from public to private spaces.
F. When appropriate, the site plan shall
provide for the special needs of handicapped
persons, such as ramps for wheelchairs and
Braille signs.
G. In the Landscape Management Zone,
emphasis shall be placed on maintaining the
existing landscape close to travel routes as
well as any view of distant vistas.
H. The location and number of points of
access to the site, interior circulation patterns,
separations between pedestrians and moving
and parked vehicles, and the arrangement of
parking areas in relation to buildings and
structures shall be harmonious with proposed
and neighboring buildings and structures.
I. Surface drainage systems shall be
designed to prevent adverse impacts on [so as
not to adversely affect] neighboring
properties, streets, or surface and subsurface
water quality.
J. Areas, structures and facilities for
storage, machinery and equipment, services
(mail, refuse, utility wires, and the like),
loading and parking and similar accessory
areas and structures shall be designed, located
and buffered or screened to minimize adverse
impacts on the site and neighboring proper-
ties.
K. All above -ground utility installations
shall be located to minimize adverse visual
impacts on the site and neighboring proper-
ties.
L. The location, texture, lighting, move-
ment and materials of all exterior signs,
graphics or other information or directional
features shall be compatible with the other
elements of the site plan and surrounding
properties.
M. Specific criteria are outlined for each
zone and shall be a required part of the site
plan (e.g. lot setbacks, etc.).
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0106 1448
18.124.070 Required Minimum Standards.
A. Private or shared outdoor recreation
areas in residential developments.
a. Private Areas. Each ground -level
living unit in a residential development sub-
ject to site plan approval shall have an acces-
sible outdoor private space of not less than 48
square feet in area. The area shall be
enclosed, screened or otherwise designed to
provide privacy for unit residents and their
guests.
b. Shared Areas. Usable outdoor
recreation space shall be provided for the
shared use of residents and their guests in any
apartment residential development, as follows:
1. Units with one or two bedrooms: 200
sq. ft. per unit.
2. Units with three or more bedrooms:
300 sq. ft. per unit.
C. Storage. In residential developments,
convenient areas shall be provided for the
storage of articles such as bicycles, barbecues,
luggage, outdoor furniture, etc. These areas
shall be entirely enclosed.
B. Required Landscaped Areas.
a. The following landscape requirements
are established for multi -family, commercial
and industrial developments, subject to site
plan approval:
1. A minimum of 15% of the lot area
shall be landscaped.
2. All areas subject to the final site plan
and not otherwise improved shall be land-
scaped.
b. In addition to the requirement of
subsection (B)(a)(1) of this section, the
following landscape requirements shall apply
to parking and loading areas:
1. A parking or loading area shall [may]
be required to be improved with defined land-
scaped areas totaling no less than 25 sq. ft.
per parking space.
2. In addition to the landscaping
required by subsection (B)(b)(1) of this
section, a parking or loading area shall be
separated from any lot line adjacent to a
roadway by a landscaped strip at least 10 feet
in width, and from any other lot line by a 0106 1449
landscaped strip at least five feet in width.
I A landscaped strip separating a
parking or loading area from a street shall
contain:
i. [Street] Trees spaced as appropriate
to the species, not to exceed 35 feet apart on
the average.
ii. Low shrubs not to reach a height
greater than 3' 0," spaced no more than 8 feet
apart on the average.
iii. Vegetative ground cover [if required].
C. Landscaping in a parking or loading
area shall be located in defined landscaped
areas which are uniformly distributed
throughout the parking or loading area.
d. The landscaping in a parking area
shall have a width of not less than five feet.
e. Provision shall be made for watering
planting areas where such care is required.
f. Required landscaping shall be contin-
uously maintained and kept alive and attrac-
tive.
g. Maximum height of tree species shall
be considered when planting under overhead
utility lines.
[h. "Landscaped" means the improve-
ment of land by means such as contouring,
planting, and the location of outdoor struc-
tures, furniture, walkways and similar fea-
tures.]
128
Chapter 18.128
CONDITIONAL USE
Sections:
Multi -Family Dwelling
18.128.010
Operation
18.128.020
Conditions
18.128.030
Performance Bond
18.128.040
Specific Use Standards
(A)
Airports, Aircraft Landing
(0)
Fields, Aircraft Charter,
(P)
Rental, Service Maintenance
Facilities Not Located in the
A -D Zone
(B)
Automobile Wrecking Yard or
(R)
Junkyard
(C)
Cemeteries
(D)
Church, Hospital, Nursing
(T)
Home, Convalescent Home,
(U)
Retirement Home
(E)
Clinics, Clubs, Lodges,
Fraternal Organizations,
(V)
Community Centers, Grange
(W)
Halls, Golf Courses, Grounds
(X)
and Buildings for Games or
Sports, Country Clubs,
Swimming, Boating, Tennis
Clubs and Similar Activities,
Government Structures and
(Y)
Land Uses, Parks, Playgrounds
(F)
Dog Pounds and Kennels
(G)
Home Occupations
(H)
Landfill, Solid Waste Disposal
Site
(I)
Commercial Use or Accessory
Use Not Wholly Enclosed
Within a Building, or a Retail
18.128.060
Establishment, Office, Service
Commercial Establishment,
18.128.070
Financial Institution, or
[18.128.080
Personal or Business Service
Establishment on a Lot
Adjoining or Across a Street
From a Lot in a Residential
Zone
(J)
Commercial Amusement
Establishment
(K)
Manufactured Home Park
129
0100 1450
(L)
Multi -Family Dwelling
Complex
(M)
Recreational Vehicle Park
(N)
Radio, Television Tower,
Utility Station or
Substation
(0)
Schools
(P)
Cluster Development (Single -
Family Residential Uses
Only)
(Q)
Planned Development
(R)
Planned Communities
(S)
Destination Resorts, Dude
Ranches
(T)
Shopping Complex
(U)
High -Temperature Geothermal
Wells and Small -Scale
Geothermal Energy Facilities
(V)
Hydroelectric Facilities
(W)
Fill and Removal
(X)
Surface Mining of Resources
Exclusively for On -Site
Personal, Farm or Forest Use
or Maintenance of Irrigation
Canals
(Y)
Storage, Crushing and
Processing of Minerals in
Conjunction With the
Maintenance or Construction
of Public Roads or Highways
18.128.050
Procedure for Taking Action
on Conditional Use
Application
18.128.060
Time Limit on a Permit for a
Conditional Use
18.128.070
Occupancy Permit
[18.128.080
Temporary Use Permit]
18.128.010 Operation.
A. A conditional use listed in this ordi-
nance shall be permitted, altered or denied in
accordance with the standards and procedures
of this ordinance; Deschutes County Code
Title 22, the Uniform Development Proce-
dures Ordinance; and the Comprehensive
Plan. (Ord. 86-032 § 1, 1986)
B. In the case of a use existing prior to
the effective date of this ordinance and
classified in this ordinance 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.
18.128.020 Conditions.
In addition to the standards and conditions
set forth in a specific zone or in Chapter
18.124, the Planning Director or the Hearings
Body [Officer] may impose the following
conditions upon a finding that [of which
circumstances warrant such] additional restric-
tions are warranted.
A. Require a limitation on [Limiting
the] manner in which the use is conducted,
including restriction of [restricting] hours of
operation and restraints to minimize environ-
mental effects such as noise, vibrations, air
pollution, glare or odor.
B. Require [Establishing] a special yard
or other open space or a change in lot area
or lot dimension.
C. Require a limitation on [Limiting]
the height, size or location of a [building or
other] structure.
D. Specify [Designating] the size,
number, location and nature of vehicle access
points.
E. Increase [Increasing] the required
street dedication, roadway width or require
additional improvements within the street
right-of-way.
F. Designate [Designating] the size,
location, screening, drainage, surfacing or
other improvement of a parking or loading
area.
G. Limit or specify [Limiting or other-
wise designating] the number, size location,
height and lighting of signs.
H. Limit [Limiting] the location and
intensity of outdoor lighting and require
[requiring its] shielding.
I. Specify requirements for [Requiring]
diking, screening, landscaping or other
methods to protect adjacent or nearby
property and specify [designating] standards
for installation and maintenance.
130
0106 1451
J. Specify [Designating] the size, height
and location of and materials to be used for
fencing [a fence].
K. Require protection and preservation
of [Protecting and preserving] existing trees,
vegetation, water resources, wildlife habitat or
other significant natural resources.
[L. Planned developments, cluster devel-
opments, destination resorts and dude
ranches shall meet the solar access perfor-
mance standard set forth in the Deschutes
County Subdivision Ordinance, No. 81-043,
Section 6.030(5).] (Ord. 83-037 § 24, 1983)
18.128.030 Performance Bond.
The Planning Director or Hearings Body
[Officer] 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 condi-
tional use permit.
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 this section.
A. Airports, aircraft landing fields,
aircraft charter, rental, service maintenance
facilities not located in the A -D Zone. The
Planning Director or Hearings Body [Officer]
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.
B. Automobile wrecking yard or iunk-
' d: Before being issued [In considering] a
conditional use permit, [application for] an
automobile wrecking yard or junkyard shall
meet the following requirements:[, the
Hearings Officer shall require that it be]
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 other-
wise, 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.
C. Cemeteries: The Planning Director
or Hearings Body [Officer] 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.
D. Church, hospital, nursing home,
convalescent home, retirement home:
a. Such a use shall [uses may] be autho-
rized as a conditional use only upon finding
that[:] [S]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. Location of the site relative to the
service area.
2. Probable growth and needs thereof.
3. Site location relative to land uses in
the vicinity.
4. Conformity with Deschutes County
Public Works Department standards of
proposed [Adequacy of] access to and from
principal streets and the probable effect of
the proposal on the traffic volume of adjoin-
ing and nearby streets.
131
01®6 1452
C. Such uses or related buildings shall be
at least 30 feet from a side or rear lot line.
d. Except in an A -H zone, [S]such uses
may be built to exceed the height limitations
of the zone in which it is located to a maxi-
mum 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. Clinics, clubs, lodges, fraternal organi-
zations, community centers, grange halls, golf
courses, grounds and buildings for games or
sports, country clubs, swimming, boating,
tennis clubs and similar activities, government
structures and land uses, parks, playgrounds.
In considering the above, the Planning Direc-
tor or Hearings Body [Officer] may authorize
the conditional use after it has been deter-
mined [assurance] that the following will [is
to] be provided:
a. [Adequate] Access from principal
streets subject to Deschutes County Public
Works Department standards.
b. [Adequate] Off-street parking subject
to Section 18.116.030.
C. [Adequate] Building and site design
provisions, including landscaping, that will
effectively screen neighboring uses from [to
minimize] noise and glare [from the building
and site].
F. Dog pounds and kennels. The
Planning Director or Hearings Body [Officer]
may authorize a dog pound or kennel as a
conditional use provided that building and
site design provisions are adequate to mini-
mize 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.
G. Home occupations. When permitted
as a conditional use and conducted as an
accessory use, home occupations shall be
subject to the following limitations:
a. The home occupation is to be second-
ary to the main use of the property as a
residence and shall be conducted only by the
resident of such dwelling or immediate family
members, within the same dwelling or in an
accessory building on the same property.
b. No structural alterations shall be
allowed to accommodate the home occupa-
tion except when otherwise required by law
and then only after the plans for such alter-
ations have been reviewed and approved by
the Planning Director or Hearings Body
[Officer]. Such structural alterations shall not
detract from the outward appearance of the
building as an accessory structure to a resi-
dence.
C. No materials or mechanical equip-
ment shall be used which will be detrimental
to the residential use of the property or
adjoining residences because of vibrations,
noise, dust, smoke, odor, interference with
radio or television reception or other factors.
d. No materials or commodities shall be
delivered to or from the property which are
of such bulk or quantity as to require delivery
by a commercial vehicles in a manner or
frequency as to cause disturbance or incon-
venience to nearby residents or so as to
necessitate off-street parking.
e. Retail sales shall be limited or acces-
sory to a service.
H. Landfill, solid waste disposal site:
The Planning Director or Hearings Body
[Officer] may authorize a landfill or other
solid waste disposal 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.
I. Commercial use or accessory use not
wholly enclosed within a building, or a retail
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0100 1453
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 [a
commercial use or accessory use not wholly
enclosed within a building, or a retail estab-
lishment, office service commercial establish-
ment, financial institution, or personal or
business service establishment on a lot
adjoining or across a street from a lot in a
residential zone] may be permitted condition-
ally [as a conditional use] subject to the
following standards:
a. A sight -obscuring fence or evergreen
hedge may be required by the Planning
Director or Hearings Body [Officer] 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 [Officer] 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 aesthe-
tic character of the neighborhood or vicinity.
C. In order to avoid unnecessary traffic
congestion and hazards, the Planning Direc-
tor or Hearings Body [Officer] may limit
access to the property.
J. Commercial amusement establish-
ment. A commercial amusement establish-
ment 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 [of] 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.
(Section 10.1, Standards and Criteria
Related to Approval of Single -Wide. . .
repealed by Ord. 91-005 § 46, 1991; Ord. 80-
206 § 4, 1980)
K. Manufactured home park. A manu-
factured home park shall be built to state
standards in effect at the time of construction
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 manu-
factured home shall be provided with piped
potable water and electrical sewerage connec-
tions.
C. The number of spaces for manufac-
tured homes shall not exceed 12 for each acre
of the total acres in the manufactured home
park. The Planning Director or Hearings
Body [Officer] may vary this density as
follows:
1. If dedicated open space equals 50%
or more of the total area of the park, a maxi-
mum 10% increase in units per acre may be
granted.
2. If in addition to the requirements in
subsection (K)(c)(1) of this section a main-
tained playground area with approved equip-
ment such as goalposts, swings, slides, etc., is
provided, the maximum increase in units per
acre may be increased an additional 5%.
3. If in addition to the requirements in
subsections (K)(c)(1) and (2) of this section,
approved recreation/community building is
provided an additional 10% increase of
units/acre may be allowed. (Maximum total
increase possible through application of
subsection (K)(c) of this section = 25%.)
d. A manufactured home pad shall
occupy not more than 40% 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
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0.06 1454
another manufactured home pad or from a
general use building in the park. No manu-
factured 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 manu-
factured 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 vehi-
cular 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 a least 30 inches in height where
allowed by fence ordinances. Unless other-
wise 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 suit-
able for recreational use. No recreation
facility created within a manufactured home
park only to satisfy the requirements of this
section 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 adequately maintained for all-
weather use and shall be properly drained.
1. 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 con-
taining 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 less 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. (Ord.
91-005 § 47, 1991)
L. Multi -Family Dwelling_ Complex. A
multi -family dwelling complex shall comply
with the following provisions prior to occu-
pancy:
a. The number of units permitted by the
applicable zone per gross square footage of a
site may be increased as follows:
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0106 1455
1. If dedicated open space which is
developed and landscaped equals 50% or
more of the total area of the site, a maximum
of 10% increase in the number of units may
be granted.
2. If in addition to open space as pro-
vided in (1), above [subsection (L)(a)(1) of
this section], a maintained playground area
with approved equipment such as goalposts,
swings, slides, etc., is provided, the number of
units permitted may be increased an addi-
tional 5%.
3. If in addition to open space and
playgrounds as provided in [subsections
(L)(a)](1) and (2) above [of this section], an
approved recreational community building is
provided, an additional 10% increase of units
may be granted. [(Maximum total increase
possible through application of subsection
(L)(a) of this section is 25%.)]
4. The maximum total increase in dwell-
ing units made possible by development of
open space, playgrounds and recreational
facilities shall be 25% 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.
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 [at least] 2,500 square
feet plus 100 square feet per dwelling unit
shall be provided for recreation, including but
not limited to, playgrounds [area], playing
fields and facilities for group and community
activities. The [Such] area shall be improved
with grassy areas, landscaping [plantings],
surfacing, equipment or buildings suitable for
recreational use. The Hearings Body
[Officer] may require recreational [this] areas
to be screened [protected] from streets,
parking areas or other uses [the like] by a
sight -obscuring fence [or equivalent
screening]. No play area is required if more
than 70% of the area is preserved as open
space and is improved [sufficiently developed]
and landscaped for recreational enjoyment.
e. All such complexes with more than
20 dwelling units shall be located [so as] to
have access on a street designated as a
collector unless otherwise approved by the
Planning Director or Hearings Body [Officer].
E 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 [Officer].
h. A sight -obscuring fence or evergreen
hedge may be required by the Hearings
Officer when such screening is necessary to
preserve the values of nearby properties,
protect the aesthetic character of the neigh-
borhood 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.
j. Sewer and water facilities shall be
provided according to Oregon Department of
Environmental Quality standards. [adequate
to serve the occupant's requirements.]
M. Recreational Vehicle Park. A recrea-
tional vehicle park shall conform to state
standards in effect at the time of construction
and the following conditions:
a. The space provided for each recrea-
tional 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 less 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
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0106 1456
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
solid waste 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, lava-
tories and showers for each sex in the follow-
ing 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 3 miles and
are adequate to meet these standards.
k. Building spaces required by subsec-
tions (M)(i) and (j) of this section shall be
lighted at all times of night and day, shall be
ventilated, shall be provided with heating
facilities which shall maintain a room temper-
ature of 68 degrees (F), 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.
1. Except for the access roadway into
the park, the park shall be screened on all
sides by a sight -obscuring [hedge or] fence not
less than six feet in height, unless otherwise
approved by the Planning Director or Hear-
ings Body [Officer].
M. [The park shall be maintained in] 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 sanita-
tion as required by state law.
N. 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
136
0100 145'7
installations [gear] shall be [so] located, de-
signed and installed [as] to minimize [their]
conflicts with scenic values.
O. 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 adjoin-
ing lots.
b. Elementary and secondary schools
shall provide a basic site area consistent with
state standards for the predicted ultimate
enrollment.
C. Secondary schools shall provide a
basic site area of 10 acres plus one additional
acre for each 100 pupils of predicted ultimate
enrollment.
P. Cluster Development (Single -Family
Residential Uses Onlvl.
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 agricul-
tural, 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. Human activities, including all devel-
opment and alterations of the natural land-
scape, will be limited to 35 percent of the
land and 65 percent shall [will] be kept in
open space uses. In the Forest Use Zone,
development shall be limited to 25 percent of
the land with 75 percent to be retained in
open space. The area of the development
shall be measured by drawing a continuous
line around the affected area 150 feet on
either side of any lot, building, road or other
such facility.
2. 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. All lots within the development shall
be contiguous to one another except for
occasional corridors which shall not be wider
than the average lot width, unless the Plan-
ning Director or Hearings Body finds that
special circumstances warrant a wider
corridor.
4. In the resource and rural zones, the
cluster development shall be located on the
least productive land.
5. All subdivision requirements con-
tained in Deschutes County Code Title 17,
the Subdivision/Partition Ordinance, shall be
met.
6. The total number of units may exceed
the overall density established by the mini-
mum lot size of the zone in which the devel-
opment is proposed by not more than 33
percent.
7. The open space of the proposed
development may be platted as a separate
parcel or in common ownership of some or all
of the clustered units. However, the open
area shall not be subject to development
unless the whole development is brought
inside an urban growth boundary.
8. Roads within the development shall
meet the requirements of the County Road
Department and shall be considered private
roads. An agreement acceptable to the Road
Department shall be required for the mainte-
nance of those roads. [All service connec-
tions shall be the minimum length necessary
and underground where feasible.]
9. The rural character of the area shall
not be adversely affected.
10. All service connections shall be the
minimum length necessary and underground
where feasible.
C. All applications shall be accompanied
by a plan with the following information:
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0106 1458
1. A plat map meeting all the subdivi-
sion requirements of Deschutes County Code
Title 17, the Subdivision/Partition Ordinance.
2. An open space management plan
which includes designation of proposed open
space on the plat, a written management plan
and deed restrictions that retain the open
space in perpetuity. [The area to be preserved
for open space clearly designated on the plan
and adequate deed restrictions to maintain
the land in open space. A written manage-
ment plan shall also be submitted for the
open space.]
3. A written agreement establishing an
acceptable homeowners association assuring
the maintenance of common property in the
development.
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 [reduction] is pro-
vided the Planning Director or Hearings
Body, but in no case shall the setbacks be less
than 25 feet or the height greater than 40
feet.
2. Minimum area for a cluster develop-
ment shall be 5 acres unless otherwise limited
by the zone in which it is proposed.
C. Conditions for phased development
shall be specified [of the project may be per-
mitted if agreed to by the hearings body at
the time of the initial application. Such
conditions] and performance bonds shall be
required by the Planning Director or Hear-
ings Body to assure completion of the project
as [are] stipulated [by the hearings body].
(Ord. 84-015 § 3, 1984)
Q. 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.
4. Parks, playgrounds, open spaces.
5. Existing natural features.
6. 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.
7. Effect of the development on the
rural character of the area.
8. Proposed ownership pattern.
9. Operation and maintenance proposal
(i.e., homeowners association, condominium,
etc.).
10. Waste disposal facilities.
11. Water supply system.
12. Lighting.
13. General timetable of development.
b. The conditional use may be granted
upon the following findings:
1. All subdivision restrictions contained
in Deschutes County Code 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 main-
taining 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. 1. All applications for planned devel-
opments shall include [be submitted in the
form and with] the materials and information
required for approval of a subdivision as
specified in Deschutes County Code Title 17,
the Subdivision/PartitionOrdinance [required
by County Ordinance PL -14] and the
138
0100 1459
materials and information required for
approval of a conditional use as specified in
this ordinance [shall also meet the require-
ments in this ordinance for the approval of
conditional uses].
2. Approval for [both] 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 [Officer] upon review of the
evidence submitted.
2. Densities shall not exceed that estab-
lished by the underlying zone.
3. The minimum lot area, width, front-
age 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 develop-
ment shall be 40 acres.
e. Any commercial use permitted
outright in the RSC Zone 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 3% of the total area of the planned
development.
R. Planned Communities.
a. Such uses may be authorized as a
conditional use only after consideration of the
[following] factors listed in
[l. Same as] subsection (Q)(a) of this
section.
b. The conditional use may be granted
upon the [following] findings specified in
[1. Same as] subsection (Q)(b) of this
section, except that there must be an addi-
tional [in addition there must be a] 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 Deschutes County
Code Title 17, the Subdivision/Partition Ordi-
nance, and shall also meet the requirements
of this ordinance for the approval of condi-
tional uses.
d. Dimensional standards shall be deter-
mined as specified in
[l. Same as] subsection (Q)(d) of this
section, 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 Plan-
ning Director or Hearings Body at the time of
the initial application. [Such] Conditions of
approval for phased development shall be
specified and performance bonds [adequate to
assure completion of the project shall be]
required by the Planning Director or Hear-
ings Body [Officer] to assure completion of
the project as stipulated.
S. Destination Resorts, Dude Ranches.
a. Such uses may be authorized as a
conditional use only after consideration of the
[following] factors listed in
[l. Same as] subsection (Q)(a) of this
section.
b. The conditional use may be granted
upon the [following] findings specified in
[l. Same as] subsection (R)(b) of this
section.
C. All applications shall be submitted in
the form and with the materials required of
subdivisions by Deschutes County Code Title
17, the Subdivision/Partition Ordinance, and
shall also meet the requirements in this ordi-
nance for the approval of conditional uses.
d. Dimensional standards are the
[l.] same as those in subsection (Q)(d) of
this section, except that the density of a
destination resort or dude ranch may be
greater or less than the density [that] of the
underlying zone upon findings by the Plan-
ning Director or Hearings Body [Officer] that
the change is warranted and that the pro-
posed [particular circumstances warrant a
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®106 1460
different] density does not violate the purpose
of the underlying zone or other terms of this
ordinance.
e. Phased development of the project
may be permitted if agreed to by the
Planning Director or Hearings Body [Officer]
at the time of the initial application. [Such]
Conditions of approval for phased develop-
ment shall be specified and performance
bonds [adequate to assure the completion of
the project shall be] required by the Planning
Director or Hearings Body [Officer] to assure
completion of the project as stipulated.
T. Shopping Complex.
a. Such uses may be authorized as a
conditional use only after a determination is
made by the Planning Director or Hearings
Body.
1. That the public interest will be served
by [the] approval of the proposal based on
analysis of [considering the following factors:]
environmental, social and economic and
energy impacts likely to result from the
development. Analysis may include, but not
be limited to, consideration of [, including]
impacts on public facilities such as roads,
water supplies, sewer systems and police and
fire protection[, etc].
2. That the entire complex shall be
completed within one year 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
extended in accordance with the terms of
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance.
3. That there is adequate area for the
buildings, landscaping, parking, septic systems
and access to serve the proposed develop-
ment.
4. That the use is consistent with the
character of the area and is not detrimental
to the land use pattern of the area.
5. 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.
6. The proposed shopping complex is
appropriate for serving the needs of rural
residents in the area.
7. The proposed shopping complex will
not attract residents outside the rural area to
be serviced. (Ord. 84-023 § 4, 1984)
U. 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 comple-
tion 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 narra-
tive shall also include as an exhibit a state-
ment 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:
i. 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 signifi-
cant 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 recrea-
tion trails and facilities.
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01®6 1461
ii. A map of the project site, of a scale
not less than one inch to fifty feet, on which
is shown a detailed layout of all drilling pads,
sumps, equipment, buildings, pipelines, power
lines and related facilities.
iii. 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 geologi-
cally or environmentally sensitive areas; and
engineering drawings of new road construc-
tion 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:
i. How the emergency will or might
affect the applicant's operations; or endanger
personnel, public health, safety or the
environment.
ii. Measures proposed to prevent,
control, mitigate or minimize the possible
negative effects of emergency incidents.
iii. Procedures for training and instruct-
ing personnel as to proper procedures for
preventing, controlling or minimizing the
impacts of emergency incidents.
iv. Where and how stand-by emergency
control equipment and services are to be
obtained in the event of an emergency inci-
dent.
V. Notification list with order of notifi-
cation, including names, telephone numbers
and addresses of the applicant's responsible
officials, and those of applicable emergency
service agencies.
vi. 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 follow-
ing:
L The type and capacity of drilling
equipment to be used.
ii. The expected drilling schedule.
iii. 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.
iv. The number and type of workers to
be employed during drilling.
V. The safety provisions and emergency
shutdown procedures to be used for protec-
tion of the public health and environment.
vi. The planned use, source, quality and
consumption rate for any outside water
supply.
vii. The method and locations for dispos-
al of wastes.
viii. A description of the intended site
restoration procedures to be used after com-
pletion of drilling.
ix. 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 paragraphs (U)(a)(1) through
(U)(A)(4), above by submission of a copy of
the applicant's prospect well permit applica-
tion to the Oregon Department of Geology &
Mineral Industries.
5. For energy facility applications, a
narrative and diagrammatic description of the
following:
L The structures, equipment and
support facilities to be used in the project and
their manner of operation.
ii. A description of the purpose and
operational characteristics of the major com-
ponents in the energy facility, including
schematic flow diagrams.
141
�R
iii. An artist's rendering which illustrates
the visual appearance of the facility and its
immediate environs after completion.
iv. A time schedule for the installation
and start-up of the facility.
V. The number and type of construction
and permanent workers to be employed at the
facility.
vi. The safety provisions and emergency
shutdown procedures to be used in the facility
for protection of the public health and envi-
ronment, including a schedule for testing and
maintaining safety devices.
vii. The planned use, source, quality and
consumption rate for any outside water
supply.
viii. The method and locations for dispos-
al of wastes.
ix. A description of facility monitoring to
assure continuing compliance with applicable
noise, air and water quality standards and
regulations, and for other potentially signifi-
cant environmental impacts.
X. A description of the intended aban-
donment and site restoration procedures to
be used if and when the facility is perma-
nently taken out of operation.
b. The siting, drilling, operation and
abandonment of wells and energy facilities
shall comply with the following standards:
1. Excluded Areas. No activity shall be
permitted in inventoried natural resource
areas, as defined by Oregon Statewide Plan-
ning 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 [so as] to be as com-
patible as practical with surrounding scenic
and visual characteristics. Energy facilities
shall be designed to minimize their visual
profile, and painted or prepared [so as] to be
non -reflective, and of colors which blend with
and reduce contrast with surrounding land-
scape colors.
3. Fish and Wildlife Protection. Activi-
ties shall be designed, conducted and moni-
tored, so as to assure protection of surround-
ing 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. Historic and Cultural Protection.
Activities shall be designed and conducted to
avoid disturbance to historic and cultural
resources. The applicant shall cease construc-
tion or operations if such resources are
encountered, and inform the county within 48
hours of such resources. Thereafter, the
applicant shall submit a plan for preservation
and/or interpretation of such resources before
recommencing construction or operations.
5. Access Roads. Activities shall be
designed and constructed [conducted in such
a way as] to utilize existing roads as much as
practical. [ Any permanent roads to be con-
structed shall comply with applicable county
road standards.]
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 promi-
nently 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 representa-
tive to be contacted in the event of an emer-
gency.
7. Earth Work. Drill pads, pipeline
routes, facility sites and roads shall be
designed and constructed as follows:
L Plans for drill pads, pipelines, facility
sites and roads shall be prepared by a regis-
tered civil engineer.
ii. Upon commencement of site work,
topsoil shall be removed and stockpiled for
later respreading over disturbed areas prior to
revegetation in accordance with subsection
(U)(c) of Section 18.128.040. 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
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®6 1463
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 con-
structed at minimum widths and in considera-
tion of maximum erosion control.
iii. Fills shall be compacted to a
minimum of 90% relative density (ASTM D-
1557) [so as] to minimize erosion. If signifi-
cant erosion occurs, the applicant shall take
prompt remedial action.
iv. 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 in accordance with subsection
(U)(c). Cut slopes shall not exceed a gradient
of 11/2:1. Modification of these slope gradi-
ents may be made upon written approval of
the Deschutes County Public Works Director.
V. Subdrains shall be provided under all
fills where natural drainage courses and
seepage are evident.
vi. No drill pads, pipelines, facility sites
or access roads shall be allowed on potentially
active landslides.
vii. Grading and filling shall be designed
[so as] to channel storm runoff to existing
natural drainages. Energy dissipaters and
collection devices to reduce the erosion force
of unnatural runoff shall be provided.
viii. Sumps shall be designed [so as] to
withstand both static loads and dynamic loads
imposed by potential seismic events. Sumps
shall be constructed of material compacted to
a minimum of 90% relative density (ASTM
D1557), and shall be lined with either clay or
an equivalent impermeable membrane. Safety
fencing may be required.
ix. Sumps shall be operated in [such] a
way that will [manner as to] preclude over-
topping. 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 back-
filled 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 [so as not to constitute] a public nui-
sance as defined by DEQ [the Department's
standards]. 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 [so as] 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
[such that unattended equipment and opera-
tional areas are protected from access] by
unauthorized persons to unattended equip-
ment and operational areas.
13. Air Quality. Activities shall be
designed and conducted [so as] to comply
with the air quality standards of the Oregon
Department of Environmental Quality.
143
0106 1464
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 [so as] 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 [so
as] to minimize the potential for land subsi-
dence or induced seismicity which could result
from the withdrawal and/or injection of geo-
thermal fluids. Except for prospect drilling,
as defined by ORS 522.005(15), the county
may also require establishment of a monitor-
ing program to gauge such impacts during
operations.[, and] 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
non-toxic fluids or suspension of production.
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
7 days of said completion. Applicants shall
notify the county in writing of suspended
drilling within 7 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 mini-
mum steam bleeding rate in compliance with
Oregon Department of Geology & Mineral
Industry standards. The area surrounding the
wellhead pads of standby wells and producing
wells shall be subject to the revegetation
requirements of subsection (U)(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 aban-
doned, the applicant shall remove all equip-
ment, 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 in accordance with sub-
section (U)(c) of 18.128.040, below.
C. Revegetation. Following the comple-
tion of well drilling, or the permanent aban-
donment 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[. This revegeta-
tion shall commence] in the first fall following
completion of drilling or site abandonment.
Temporary fencing of reseeded areas may be
required to facilitate revegetation. The reve-
getation shall be evaluated by the county
during the first spring following initial
reseeding, and if determined to have resulted
in less than a 75% survival rate, additional
revegetation shall be required in the immedi-
ately succeeding fall season. (Ord. 85-002 § 9,
1985)
V. Hydroelectric Facilities.
a. The criteria set forth below shall
apply to any construction or expansion of, or
other modification to, hydroelectric facilities
144
0.06 1465
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 physi-
cally 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 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:
i. deposit or create a zone for the
deposit of sediments in the river at or adja-
cent to the site;
ii. increase the temperature of the river
in the affected stretch by any means, includ-
ing but not limited to removal of vegetation
or reduction in streamflow; or
iii. create the potential for or result in
spillage, leakage or discharge of oil, waste
products, chemicals or other substances [or
waste products] 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 archae-
ological 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, [and] a
narrative describing [as to] where blasting will
occur and where excess material will be
deposited, and landscaping and reclamation
plans.
2. Detailed plans for meeting the cri-
teria set forth in subsection (1) above.
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
145
0106 1466
and methods for conserving water and
enhancing streamflows. The plan shall
identify costs, time schedules and coordina-
tion 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 conserva-
tion 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:
i. A program timetable;
ii. Projected gross revenues from the
proposed facility;
iii. Projected program expenditures and
the percentage of gross revenues they
represent;
iv. Projected water savings and the
percentage of known current water losses they
represent;
V. A declaration by the applicant that at
least fifty percent of the conserved water will
remain undiverted by the applicant;
vi. 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
f[iii]. A declaration that [by] the applicant
[that it] will enter into an agreement with the
[Deschutes] county[, prior to beginning
construction of the facility, by which the
applicant agrees] to fulfill all of the require-
ments in paragraphs (1) through (5) of this
subsection before beginning construction.
(Ord. 86-018 § 1, 1986)
W. Fill and Removal.
a. Except as otherwise provided in this
ordinance, 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 in accordance with the
following standards:
L An application shall be filed contain-
ing a plan with the following information:
i. A detailed explanation of the planned
fill or removal including the amount of mate-
rial to be filled or removed.
ii. An explanation of why the fill or
removal is necessary.
iii. 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:
* An inventory of existing vegetation.
* The proposed modifications, if any,
to the vegetation.
* Existing and proposed site contours.
* Location of property lines, easements
and high water marks.
* Other site elements or information
which will assist in the evaluation of the
proposed fill or removal.
2. 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:
i. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
ii. That the roads, bridges, transmission
and distribution lines, and related facilities
cannot, as a practical matter, be located out-
side of the wetland, or bed and bank of the
stream or river.
iii. 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.
iv. That erosion will be adequately
controlled during and after construction.
V. That the impacts on fish and wildlife
habitat from the fill or removal will be
146
C 1467
minimized to the greatest extent practical.
The Oregon Department of Fish and Wildlife
will be requested to review and comment on
the application.
3. Fill or removal required for public
park and recreation areas, natural and out-
door 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:
i. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use permit.
ii. That only the minimum removal of
vegetation or material and dredging or exca-
vation necessary for construction and mainte-
nance will be done.
iii. That the specific location of the site
will require the minimum amount of distur-
bance to the natural environment, considering
alternative locations in the area and methods
of construction.
iv. That such construction and mainte-
nance is designed to minimize the adverse
impact on the site.
V. That erosion will be adequately
controlled during and after construction.
vi. That the impacts on fish and wildlife
habitat by the fill or removal will be mini-
mized to the greatest extent practical. The
Oregon Department of Fish and Wildlife will
be requested to review and comment on the
application.
4. Except for uses identified in para-
graphs (2) and (3), above, 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:
i. Shall be granted only after consid-
eration of the following factors:
* The effects on public or private water
supplies and water quality.
* 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.
* Recreational, aesthetic and economic
values of the affected water resources.
* Effects on the hydrologic characteris-
tics 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.
* The character of the area, consider-
ing existing streambank stabilization problems
and fill or removal projects which have previ-
ously occurred.
ii. Shall not be granted unless all of the
following conditions are met:
* That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
* That there is no practical alternative
to the proposed project which will have less
impact on the surrounding area, considering
the factors established in subsection (4)(i)
above.
* That there will be no significant
impacts on the surrounding area, considering
the factors established in subsection (4)(i)
above.
* That erosion will be adequately con-
trolled during and after the project.
* That [vegetation will maintain] the
essential character, quality, and density of
existing vegetation will be maintained.
[growth]. Additional vegetation shall be
required if necessary to protect aquatic life
habitats, functions of the ecosystem, wildlife
values, [erosion and] aesthetic resources and
to prevent erosion.
* That the proposed fill or removal
activity will be consistent with all relevant
goals and policies of the Deschutes County
Comprehensive Plan.
* That a conservation easement, as
defined in Section 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
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0106 1468
real property on the same lot, within 10 feet
of any wetland, river or stream. (Ord. 89-008
§ 1, 1989)
b. This section shall not apply to fill and
removal activity in the bed or banks of the
following stretches of the Deschutes River
which are within Deschutes County.
1. The segment from the gauging station
immediately below Wickiup Dam downstream
approximately 28 miles to General Patch
Bridge (at river mile 199);
2. The segment beginning at Harper
Bridge (at river mile 192) downstream
approximately 20 miles to river mile 172
above Bend, Oregon; and
3. The segment beginning at Twin
Bridges (at river mile 154.5) downstream
approximately 34.5 miles to Lake Billy
Chinook, excluding the Cline Falls Dam and
power house between river mile 145 and 144.
(Ord. 87-032 § 1, 1987; Ord. 86-056 § 4, 1986)
X. Surface Mining of Resources Exclu-
sively for On -Site Personal. Farm or Forest
Use or Maintenance of Irrigation Canals.
These uses are subject to the following stan-
dards:
a. An application shall be filed contain-
ing the following information:
1. A detailed explanation of the project
and why the surface mining activity is neces-
sary.
2. A site plan drawn to scale and
accompanied by any drawings, sketches and
descriptions necessary to describe and illus-
trate 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 stan-
dards.
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, recrea-
tional 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 condi-
tions are or can be met:
1. There is adequate water legally avail-
able 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 3 feet horizontal to 1 foot
vertical, or where the depth is 6 feet or deep-
er, the perimeter of the impoundment is ade-
quately 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 main-
tained so as not to adversely affect any sur-
rounding properties. (Ord. 90-014 § 39, 1990)
Y. Storage. Crushing and Processing of
Minerals in Conjunction With the Mainte-
nance or Construction of Public Roads or
Hi wa s. A conditional use permit for these
uses shall be subject to the following stan-
dards:
a. An application shall be filed contain-
ing the following information:
1. A detailed explanation of the project,
including the duration and operation charac-
teristics of the site.
2. A site plan drawn to scale and
accompanied by such drawings, sketches and
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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 Section
18.52.110, except Section 18.52.110, para-
graphs (J), (K) and (L). (Ord. 90-014 § 40,
1990)
18.128.050 Procedure for Taping Action
on conditional Use
Application.
The procedure for taking action on a condi-
tional 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
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. (Ord.
86-032 § 1, 1986)
18.128.060 Time Limit on a Permit for
a Conditional Use.
A. Authorization of a conditional use
shall be void after one year or such lesser
time as the authorization may specify unless
substantial construction has taken place or the
proposed use has occurred. However, the
Planning Director or Hearings Body [Officer]
may extend authorization for an additional
period not to exceed one year.
B. If it can be demonstrated to the
Planning Director or Hearings Body that a
delay in establishing a use is due to a delay
by a state or federal agency in issuing a
required permit and not the fault of the
applicant, the Planning Director or Hearings
Body may extend the time limit imposed by
paragraph (A), above, for a period not to
exceed one year following issuance of the
state or federal permit. [If delay in establish-
ing the use is demonstrably due to a delay by
a state or federal agency in issuing a required
permit, at no fault to the applicant, the
Planning Director or Hearings Body [Officer]
may extend the time limit imposed by para-
graph (A), above, for a period not to exceed
one year following issuance of the state or
federal agency permit. The applicant shall
establish with the Planning Director or Hear-
ings Body [Officer] that such state or federal
permits have not yet been issued, and that the
delay has not been caused by the applicant.]
18.128.070 Occupancy Permit.
The Planning Director or Hearings Body
[Officer] may require an occupancy permit for
any conditional use permitted and approved
pursuant to the provisions of this ordinance.
The Planning Director or Hearings Body
[Officer] 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 Plan-
ning Director or Hearings Body [Officer]
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 [Officer].
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
[Officer] at the time of approval of a specific
conditional use permit.
[18.128.080 Temporary Use Permit.
A temporary use permit for a manufactured
home in a residential area may be granted by
the or Hearings Officer when a medical
condition exists which requires the temporary
location of a manufactured home unit on the
property in order to provide necessary care
for a member of the principal occupant's
family. Such medical condition must be
verified by a doctor's written statement, which
is to accompany the permit application.]
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(Section 8.090 repealed by Ord. 89-004 § 3,
1989)
Chapter 18.132
VARIANCES
Sections:
18.132.010
Variance Application
18.132.020
Authority of Hearings Body
[Officer]
18.132.030
Hearings Body [Officer]
Action on Variance
18.132.040
Variance Procedure
18.132.010 Variance Application.
The Planning Director or Hearings Body
[Officer] may authorize area or use variance
from the requirements of this ordinance.
Application for a variance shall be made by
petition stating fully the grounds of the appli-
cation and the facts relied upon by the peti-
tioner.
18.132.020 Authority of Hearings
Body [Officer.]
A variance may be granted unqualifiedly or
may be granted subject to prescribed condi-
tions, provided that the Planning Director or
Hearings Body [Officer] shall make all of the
following findings:
A. Area Variance.
a. That the literal application of the
ordinance would create practical difficulties
resulting in greater private expense than
public benefit.
b. That the condition creating the diffi-
culty is not general throughout the
surrounding area but is unique to the
applicant's site.
C. That the condition was not created by
the applicant. A self-created difficulty will be
found if the applicant knew or should have
known of the restriction at the time the site
was purchased.
d. That the variance conforms to the
Comprehensive Plan and the intent of the
ordinance being varied.
B. Use Variance.
a. That the literal application of the
ordinance would result in unnecessary
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hardship to the applicant. An unnecessary
hardship will be found when the site cannot
be put to any beneficial use under the terms
of the applicable ordinance.
b. Each of the findings listed in
subsections (A)(a)(b) and (c) of this section.
18.132.030 Hearings Body [Officer]
Action on Variance.
In granting or denying a variance, the
Planning Director or Hearings Body [Officer]
shall make a written record of his findings
and the facts in connection therewith, and
shall describe the variance granted and the
conditions designated. The Planning Depart-
ment shall keep the findings on file, and a
copy of the variance granted and the condi-
tion thereof shall be recorded with the
County Clerk.
18.132.040 Variance Procedure.
The variance application shall be processed
according to the terms of Deschutes County
Code Title 22, the Uniform Development
Procedures Ordinance.
Chapter 18.136
AMENDMENTS
Sections:
18.136.010 Authorization to Initiate
Amendments
18.136.020 Procedure for Zoning
Amendments
18.136.030 Rezoning Standards
[18.136.040 Rezoning to EFU or FU
Classification]
[18.136.050 Rezoning of EFU Lands
Unsuitable for Farm Use]
18.136.060 Record of Amendments
18.136.010 Authorization to Initiate
Amendments.
An amendment to the text of this ordinance
or to a zoning map may be initiated by the
Board of County Commissioners or by
application of a property owner. The request
by a property owner for an amendment shall
be accomplished by filing an application on
forms provided by the Planning Department.
18.136.020 Procedure for Zoning
Amendments.
Action on proposed zoning text or map
amendments shall proceed according to the
terms of Deschutes County Code Title 22, the
Uniform Development Procedures Ordinance.
The Planning Director or Hearings Body
[Officer] shall conduct the initial hearing on
both legislative and quasi-judicial rezonings.
18.136.030 Rezoning Standards.
The applicant for a quasi-judicial rezoning
must establish that the public interest is best
served by rezoning the property. Factors to
be demonstrated by the applicant are:
A. That the change conforms with the
Comprehensive Plan, and the change is
consistent with the Plan's introductory
statement and goals.
B. That the change in classification for
the subject property is consistent with the
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C106 14'72
purpose and intent of the proposed zone
classification.
C. That changing the zoning will
presently serve the public health, safety and
welfare considering the following factors:
a. The availability and efficiency of
providing necessary public services and
facilities.
b. The impacts on surrounding land use
will be consistent with the specific goals and
policies contained within the Comprehensive
Plan.
D. That there has been a change in
circumstances since the property was last
zoned, or a mistake was made in the zoning
of the property in question. (Ord. 83-065 § 1,
1983)
[18.136.040 Rezoning to EFU or FU
Classification.
A. For one year after the
acknowledgment of this ordinance by the
Oregon Land Conservation and Development
Commission, any person applying to rezone at
least 20 acres of land, inclusive of roads,
right-of-way to other property, to an EFU or
FU classification from some other zone shall,
in lieu of any other burden of proof
requirement contained in County Code Title
22, the Uniform Development Procedures
Ordinance, make the following showing:
(Ord. 86-032 § 1, 1986)
a. Rezoning to EFU. The applicant
must establish that the land which is the
subject of the application is currently
employed in farm use as defined in ORS
215.203(2). This showing may be made either
by establishing that the subject land is
currently taxed as unzoned farm land under
ORS 308.370(2), or by other evidence
establishing that the land is currently in farm
use as defined by ORS 215.203(2). Such
evidence includes, but is not limited to,
current aerial photographs in the county's
files or a certificate of the County Assessor or
an authorized member of the Assessor's staff.
The applicant shall also show conformance of
the proposed re -zoning with the
Comprehensive Plan, and that the site
touches or is contiguous with an EFU Zone.
b. Rezoningto o FU. The applicant must
establish that the land that is the subject of
the application is currently in forest use. This
may be done by showing that the subject land
is currently receiving a special timber tax
assessment or by other evidence showing that
the land is currently in forest use. Such
evidence of forest use includes, but is not
limited to, current aerial photographs from
the county's files or a certificate by the
County Assessor or an authorized member of
the Assessor's staff. The applicant shall also
show conformance of the proposed rezoning
with the Comprehensive Plan, and that the
site touches or is contiguous with an FU
Zone.
B. The provisions of this section shall
not apply to land having a zoning
classification of EFU or FU at the time of
application.
C. All lots for which rezoning is
complete under this section shall meet the
minimum lot size requirements of the zoning
classification being sought.
D. For a one-year period following the
date that this ordinance is duly adopted, the
rezonings permitted by subsection (A) of this
section may be applied for and processed by
the Planning Director or Hearings Body. The
procedural requirements of Deschutes County
Code Title 22, the Uniform Development
Procedures Ordinance, shall not be imposed
on rezoning applications allowed by this
section until one year after the date that this
ordinance is duly adopted. If the sufficiency
of this evidence submitted in support of a
rezoning application allowed by subsection
(A) is questioned by the Planning Director or
Hearings Body, the issue shall be determined
by the Hearings Officer pursuant to County
Code Title 22.] (Ord. 86-032 § 1, 1986)
[18.136.050 Rezoning of EFU Lands
Unsuitable for Farm Use.
A. Rezoning of Certain Lands from
EFU to MUA-10. Due to the fact that the
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0106 1473
entire county has not been completely
mapped as to soil type, the legislative finding
is made that certain lands zoned EFU may
not have the potential for agricultural
production necessary to afford the owner an
economical use if the land is zoned EFU if
the units in contiguous ownership are too
small to be useful for grazing purposes. It is
found that 320 acres of grazing land in
contiguous ownership without any water rights
or well can provide a minimal economic use.
Accordingly, for one year after the
acknowledgment of this ordinance by the
Oregon Land Conservation and Development
Commission, the owner of a parcel or
contiguous units of ownership as defined by
ORS Chapter 92, West of Range 15, East of
the Willamette Meridian totaling less than
320 acres in EFU zoning inclusive of roads
and easements of access to other property,
may apply for rezoning to MUA-10, and shall
be required to satisfy only the following
burden of proof in lieu of any other
requirement contained in County Code Title
22.] (Ord. 86-032 § 1, 1986)
[a. The rezoning is consistent with the
Comprehensive Plan; and
b. That the rezoning to MUA-10 will
not interfere with any existing neighboring
agricultural use, regardless of the existing
zoning on such neighboring land; and
C. That the land has a Soil Conservation
Service Capability that is the subject of the
application predominantly consisting of soils
in Classification VI or VII, or is not
classified; and
d. If subsection (c) is satisfied, that the
land that is the subject of the application
predominantly consists of soils in Agricultural
Soil Conservation Survey Classification VI or
VII, or is unclassified; and
e. If subsection (d) is satisfied, and the
County Assessor finds that the land subject to
the application predominantly consists of soils
in Grade VII or VIII, as determined by the
Oregon Department of Revenue Methods
Manual, section on Mass Appraisal of Farm
and Ranch Properties, or is not graded; and
f. The land is not classified under any
of (c), (d) or (e), a testing method approved
by the Planning Director or Hearings Body
and executed by a certified soil scientist
discloses that the soil consists predominantly
of Class VII under the Soil Conservation
Service Capability Classification System.
g. That the land does not have sufficient
water rights or existing water supply to allow
farm use, as defined in ORS 215.203(2).]
18.136.060 Record of Amendments.
All amendments to the text or map of this
ordinance shall be filed with the County
Clerk.
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006 1474
Chapter 18.140
ADMINISTRATIVE PROVISIONS
Sections:
18.140.010
Administration
18.140.020
Decisions
18.140.030
Appeals
18.140.040
Forms of Petitions, Applications
and Appeals
18.140.050
Public Hearing
18.140.060
County Environmental
Health Approval
18.140.070
Filing Fees
18.140.080
Revocation
18.140.090
Lot Size Requirements
18.140.010 Administration.
The Planning Director or Hearings Body
shall have the power and the duty to adminis-
ter the provisions of this ordinance. The
Board may appoint designees to issue zoning
permits and to otherwise assist the Planning
Director or Hearings Body in the processing
of applications.
18.140.020 Decisions.
Approval or denial of an application for a
use permitted by this ordinance shall be based
upon and accompanied by a statement that
explains the criteria and standards relevant to
the decision, states the facts relied upon in
rendering the decision and explain the justifi-
cation for the decision based on the criteria,
standards and facts set forth.
18.140.030 Appeals.
Appeals shall be as prescribed in Deschutes
County Code Title 22, the Uniform Develop-
ment Procedures Ordinance. (Ord. 86-032 §
1, 1986)
18.140.040 Forms of Petitions,
Applications and Appeals.
Petitions, applications and appeals provided
for in this ordinance shall be made on forms
provided by the county. Applications shall be
accompanied by plans and specifications,
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0106 1475
drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the
size and locations on the lot of all existing
and proposed structures, the intended use of
each structure, the number of individuals, if
any, to be accommodated thereon, the rela-
tionship of the property to the surrounding
area and such other information as needed to
determine conformance with this ordinance.
18.140.050 Public Hearings.
Public hearings shall be as prescribed in
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. (Ord.
86-032 § 1, 1986)
18.140.060 County Environmental
Health Approval.
No zoning permit shall be issued for any use
or structure which will have an individual
sanitary subsurface disposal system until
written approval is obtained by the applicant
for said system from the County Environ-
mental Health Division.
18.140.070 Filing Fees.
An application required by this ordinance
shall be accompanied by a filing fee in the
amount set by order of the Board of County
Commissioners.
18.140.080 Revocation.
The Planning Director or Hearings Body
[Officer] may revoke or modify any permit
granted under the provisions of this ordinance
on one or more of the following grounds:
A. A permit may be revoked on the
basis of fraud, concealment, misrepresentation
or inaccurate information supplied on the
application or offered by the applicant or his
representative at a public hearing.
B. A permit may be revoked on the
basis that the use for which such permit was
granted is not being exercised within the time
limit set for the by the Planning Director or
Hearings Body [Officer] or this ordinance.
C. A permit may be revoked on the
basis that the use for which such permit was
granted has ceased to exist or has been sus-
pended for one year or more.
D. A permit may be revoked or modified
on the basis that the use for which the permit
was granted was so exercised as to be
detrimental to the public health, safety or
welfare, or in such a manner as to constitute
a nuisance.
E. Any permit granted pursuant to this
ordinance shall become null and void if not
exercised within the time period specified in
such permit or, if no time period is specified
in the permit, within one year from the date
of approval of said permit. The Planning
Director or Hearings Body [Officer] shall hold
a public hearing on any proposed revocation
after giving written notice to the permittee
and other affected persons as set forth in
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. The
Planning Director or Hearings Body [Officer]
shall render his decision within 45 days after
the conclusion of the hearing. Appeals from
the action of the Planning Director or
Hearings Body [Officer] shall be filed in the
manner provided in Deschutes County Code
Title 22, the Uniform Development Proce-
dures Ordinance. (Ord. 86-032 § 1, 1986)
18.140.090 Lot Size Requirements.
Except as otherwise provided in this ordi-
nance, the minimum lot sizes required by this
ordinance shall be met for each use estab-
lished on an area of land. (Ord. 84-023 § 5,
1984)
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0106 1476
Chapter 18.144
GENERAL PROVISIONS
Sections:
18.144.010
Interpretation
18.144.020
Severability
18.144.030
Remedies
18.144.040
Violation Declared a Nuisance
18.144.050
Infraction
18.144.060
Repeal
18.144.070
Repeal of Ordinances as
Affecting Existing Liabilities
18.144.080
Corrections
18.144.090
Enactment, Emergency
Declared
18.144.010 Interpretation.
Where the conditions imposed by a provi-
sion of this ordinance are less restrictive than
comparable conditions imposed by any other
provisions which are more restrictive, the
more restrictive shall govern.
18.144.020 Severability.
The provisions of this ordinance are sever-
able. If any section, sentence, clause or
phrase of this ordinance is adjudged by a
court of competent jurisdiction to be invalid,
the decision shall not effect the validity of the
remaining portions of the ordinance.
18.144.030 Remedies.
In case a building or other structure is, or is
proposed to be, located, constructed, main-
tained, repaired, altered or used, or any land
is or is proposed to be used in violation of
this ordinance, the Board of County
Commissioners or a person whose interest in
real property in the county is or may be
affected by the violation may, in addition to
other remedies provided by law, institute
injunction, mandamus abatement, or other
appropriate proceedings to prevent, temporar-
ily or permanently enjoin, abate, or remove
the unlawful location, construction, mainte-
nance, repair, alteration or use. When a
temporary restraining order is granted in a
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6106 147'7
suit instituted by a person who is not exempt
from furnishing bonds or undertakings under
state law, the person shall furnish an under-
taking as provided in ORS 32.010 to 32.060.
18.144.040 Violation Declared
a Nuisance.
The location, erection, construction, mainte-
nance, repair, alteration or use of a building
or structure or the subdivision, partitioning or
other use of land in violation of this ordi-
nance is declared a nuisance.
18.144.050 Infraction.
The location, erection, construction, mainte-
nance, repair, alteration or use of a building
or structure or the subdivision, partitioning or
other use of land in violation of any provision
of this ordinance is a Class A infraction.
(Ord. 83-026 § 1, 1983)
18.144.060 Repeal.
Deschutes County Zoning Ordinance PL -15
and all amendments thereto are hereby
repealed.
18.144.070 Repeal of Ordinances as
Affecting Existing
Liabilities.
The repeal of any ordinance by this ordi-
nance shall not release or extinguish any
penalty, forfeiture or liability incurred under
such ordinance, unless a provision of this
ordinance shall so expressly provide, and such
ordinance repealed shall be treated as still
remaining in force for the purpose of sustain-
ing any proper action or prosecution for the
enforcement of such penalty, forfeiture or
liability.
18.144.080 Corrections.
This ordinance may be corrected by order
of the Board of County Commissioners to
cure editorial and clerical errors.
18.144.090 Enactment, Emergency
Declared.
An emergency is hereby declared and this
ordinance shall be and is hereby declared to
be in full force and effect on and after the
date of its enactment by the Board of County
Commissioners.
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