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HomeMy WebLinkAboutPL15-2VOL FAHS 7 9 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON #C FOR DESCHUTES COUNTY In the Matter of County Ordinance AMENDMENT TO COUNTY PL -15 ORDINANCE NO. PL -15 The Board of County Commissioners ordains in the following respects. New material contained in brackets. ' FX that County Ordinance PL -15 be amended is underlined; material to be deleted is 1. Section 1.030(23) 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, 1,iotel or tourist.camp, but excluding quarters intended for permanent for semi-permanent] occupancy such as a duplex or apartment. A mobile home park is not included in this definition. 2. Section 1.030(102) Recreation Parks. An area designated by the landowner for picnicking,or overnight camping [and] or offered to the general public whether or not a fee or charge is made for such accommodations. 3. Section 1.030(126) Surface Mining. Includes all or any part of the process of mining minerals by the removal of overburden and extraction of natural mineral deposits thereby exposed by any method by which more than 2,500 cubic yards of minerals are extracted or by which at least one acre of land is affected within a period of 12 consecutive calendar months, including open pit mining operations, auger mining operations, production of surface mining refuse, the construction of adjacent or off-site borrow pits (except those constructed for use as access roads), and prospecting and exploration activities coming within the quantity or area specification set forth herein or when such activities affect more than one acre of land for each eight acres of land prospected or explored; but excluding excavations of sand, rock, gravel, clay or other similar materials conducted by the landowner or tenant for the primary purpose of construction, reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction, or underground mines; and excluding rock, gravel, sand, silt or similar substances from the beds or banks of any waters of this state pursuant to permit issued under ORS 541.605 to 541.660. VOL 15 pm'_ OJ9, 4. [Section 2.040 EXISTING AGREEMENTS AND ZONING PERMITS. This ordinance does not repeal, abrogate or impair any existing easements, is covenants, deed restrictions or zoning permits such as preliminary plat and partition approvals, conditional use permits, non -conforming use permits, temporary use permits, special exceptions, or building permits.] NOTE: This deletion is to correct a duplication of this section in the original ordinance. The same language is contained in Section 2.020, which is not being revised. 5. Section 3.010 ESTABLISHMENT OF ZONES. For the purpose of this ordinance, the following zones are hereby established: Abbreviated Section Zones Designations 4.010 Exclusive Farm Use - 320 EFU-1 4.020 Exclusive Farm Use - 80 EFU-2 4.030 Exclusive Farm Use - 40 EFU-3 4.040 Exclusive Farm Use - 20 EFU-4 4.050 Multiple Use Agriculture MUA 4.060 Forest Use [FU -11 F-1 4.070 Forest Use [FU -21 F-2 4.080 Forest Use [FU -31 F-3 4.090 Open Space [/] & Conservation [OS/C 1Ls&c 4.100 Surface Mining SM 4.110 0 Surface Mining Reserve SMR 4.120 Rural Residential RR -10 4.130 Rural Service Center RSC 4.140 Rural Service Residential RSR -M 4.150 Rural Service Residential - 5 RSR -5 4.160 Airport Development A -D 4.170 Airport Height Combining A -H 4.180 Landscape Management Combining LM 4.190 Wildlife Area Combining WA 4.200 Conventional Housing Combining CH 4.210 Flood Plain FP 4.220 Rural Industrial R -I 4.230 Research and Development R&D 6. Section 4.020 EXCLUSIVE FARM USE. EFU-80. (1) Purpose: The purposes of the Exclusive Farm Use Zone are to Dreserve and maintain aRricultural 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 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. E I. 3 5' � . L Ftp In an EFU-80 zone the following regulations shall apply: (2) Uses Permitted Outright: (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 facilities for the purpose of generating power for public use by sale. (D) Dwellings and other buildings customarily provided in conjunction with farm use as defined in ORS 215.203(2)(a), and mobile homes subject to Section 5.100 of this ordinance. (E) Public or private schools. (F) Churches. (G) Livestock feedlot or sales yard. (3) Conditional Uses Permitted: (A) Commercial activities in conjunction with farm uses. (B) Operations conducted for the exploration, mining and processing of geothermal resources as defined by ORS 522.005, or mining of mineral resourcesfor personal or farm use. (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 residence 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 throughout the lifetimes of the seller and his or her spouse. (D) Mobile home as an accessory farm dwelling subject to Section 5.100. (E) Single-family residential dwellings as defined in ORS 215.213(3). (F) Private parks, playgrounds, hunting and fishing preserves and campgrounds. -3- I - �' VOL 3.5 FACE. 8,82 (C) Parks, playgrounds or community centers owned and operated by a governmental agency or a nonprofit community organization. (H) Golf courses. (1) Commercial utility facilities for the purpose of generating power for public use by sale. (J) Personal -use landing strips for airplanes and helicopter landing pads., including associated 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 in- frequent and occasional basis by his -invited guests, and by commercial aviation activities in connection with agricultural operation. No aircraft maybe based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activates 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 Aero- nautics Division. (K) Home occupations carried on by residents as an accessory use within their dwelling or other build- ings customarily provided in conjunction with farm use. E (L) A facility for the primary processing of forest products, provided that such a 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. (M) The boarding of horses for profit. -4- O 1 L 3 5) FACE (4) Limitations on Conditional Uses: The following limitations shall apply to a conditional use in an EFU-80 zone: (A) Conditional uses permitted by subsection (3) of this section may be established on non-productive agricultural lands subject to the criteria set forth in paragraph (B) of this subsection and upon a finding by the hearings, body that each such use: (a) Is compatible with farm uses described in ORS 215.203(2), the intent and purpose set forth in ORS 215.243, the comprehensive plan and this ordinance. (b) Does not interfere seriously with accepted farming practices as defined in ORS 215.203(2)(c) on adiacent 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. 0 (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 limitations, 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 disposal system and adequate provisions for solid waste disposal. (g) Conversion of agricultural lands to non-farm uses shall be based upon consideration of the following factors: VOL PA f, E884 1. Environmental, energy, social and economic consequences. 2. Compatibility of the proposed use with related agricultural land. 3. The retention of Class I through V1 soils in farm use, (5) Dimensional Standards: In an EFU-80 zone, the followin dimensional standards shall apply: (A) 80 acres. (B) The minimum lot area for all non-farm uses per mitted by this section shall be as determined by the hearings body necessary to carry out the intent of this ordinance and the comprehensive plan in no case shall such minimum lot area be less than one acre. (a) Compliance with applicable comprehensive 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 except for lots in flood plain or riparian meadows, where, measured parallel to the 100 year flood plain high- water line, as identified in U.S. Housing and Develop- ment 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 • r-• shall be 150 feet ]a (6) Yards. (A) The minimum yard setback of a non-farm use from the property line adjacent to a farm use not owneLb y 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,property line on a major collector right-of-way and. 80 feet from an arterial right-of-way. -6- • E t VOL 35 PAGI (9 8 5 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. (7) 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 mean 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. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the Count Sanitarian finds that a closer location will not endanger health, the hearings body may permit the location of these facilities.closer to the stream or lake, but in no case closer than 25 feet. (B) All structures, buildings or similar permanent fixtures shall be set back from the high-water line along all streams or lakes a minimum of 100 feet measured at right angles to the high-water line or mark. 7. Section 4.030(3) Conditional Uses Permitted. (M) Single-family residential dwellings [not provided in conjunction with farm use, including mobile homes subject to sections 5.130 and 5.140 of this ordinance, partition- ings and subdivisions in accordance with County Ordinance PL -14, and planned developments.] as defined in ORS 215.213(3). 8. Section 4.030(4) Limitations on Specific Conditional Uses. [(A) Conditional uses permitted by subsection (3) of this section must be found by the Hearings Officer to be consistent with the intent and purposes of the comprehensive plan and this ordinance. Such use shall be situated on relatively non-productive land for agriculture, not . significantly interfere with accepted farming practices on adjacent agricultural lands and not materially alter the stability of the overall land use pattern of the area.] NOL, 35 Section 4.030 [(5) Limitations on Non -Farm Residential Uses. In addition to other standards and conditions set forth in this ordinance the following limitations shall be applied in the evaluation of an application for a use permitted by subsection (3)(M) of this section: (a) Is compatible with farm uses and is consistent with the intent and purposes set forth in ORS 215.243, the comprehensive plan and this ordinance. (b) 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 tract, historical cropping patterns and availability of water for irrigation.] (A) Conditional uses permitted by subsection (3) of this section may be established on non-productive agri- cultural lands subject to the criteria set forth in paragraph (B) of this subsection n a findiny, by the. bearings body that each such use: (a) is compatible with farm uses described in ORS 215 203(2), the intent and purpose set forth in ORS 215.243, the comprehensive plan and this ordinance. (b) Does not interfere seriously with .accepted farmin 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 product -ion of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, To -cation and size of the tract. (B) Criteria to evaluate conditional uses: (a) immediate and future impact.on public,services, existing road systems and traffic ddemands- (b) Soil type and its development limitations, including slides, erosion, flooding and drainage. (c) Agricultural productivity including food pro- ductivity and the production of any usable agricultural product which requires open space ant a non -urban environment. M.*Z VOL O 5 rAcz 887 (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 for solid waste disposal. Conversion of agricultural lands to non-farm uses shall be based upon consideration 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 VT soils in farm use. (h) [(c)] Is not located within 14 mile of a dairy farm, feedlot, sales yard, slaughterhouse or poultry, bog or mink farm, unless adequate provisions are provided and approved by the hearings bodyfor 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. [(B) In the consideration of a non-farm development, the following factors shall be taken into consideration: (a) Immediate and future impacts on public services, existing road systems and traffic demands, and irrigation distribution systems. (b) Assurance of an adequate quantity and quality of water for domestic purposes and either subsurface or other approved methods of sewage disposal. (c) Special consideration shall be given to non-farm developments such as planned developments or other developments that provide protection for open space or other non-developed lands within or adjacent to such developments, and when pro- vided as a buffer and protection for adjoining properties.] mom VOL F'A C' E L' 16 9. Section 4.030[(6)](5) Dimensional Standards. (C) The minimum average lot width shall be 100 feet with a minimum street frontage of 50 feet[,]. [except for lots in floodplain or riparian meadows, where, measured parallel to the 100 year floodplain high- water line, as identified 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, the minimum average lot width shall be 100 yards.] 10. Section 4.040(3) Conditional Uses Permitted. (M) Single-family residential dwellings [not provided in conjunction with farm use, including mobile homes subject to sections 5.100, 5.130 and 5.140 of this ordinance.] as defined in ORS 215-213(3). 11. Section 4.040(4) Limitations on Conditional Uses. [(A) Conditional uses permitted by subsection (3) of this section may be established on non-productive agricul- tural lands subject to subsection (5) of this section and upon a finding by the Hearings officer that each such use: (a) Is compatible with farm uses described in ORS 215.203(2) and is consistent with the intent and purposes of ORS 215.243, the com- prehensive plan and this ordinance. (b) Does not interfere seriously witb.accepted farming practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm use. (c) Does not materially alter the stability of the overall land use pattern of the area.] Section 4.040 [(5) Limitations on Non -Farm Residential Uses. In addition to other standards and conditions set forth in this ordinance, the following limitations shall be applied in the evaluation of an application for a use permitted in subsection (3)(M) of this section:] (A) Conditional uses permitted by subsection (3) of this section may be established on non-productive agri- cultural lands subject to the criteria set forth in paragraph (B) of this subsection and upon,a finding by the hearings body .._ that each such use: (a) is compatible with farm uses described in _ORS 215 203(2), the intent and purpose set forthinORS 215.243, the comprehensive plan and this ordinance. -10- F VOL 3) 15 BASF_ 8 31 9 (b) Does not interfere seriously with acceat��edfa�rm- ing 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 bind for the production of farm crops and livestock, con- sidering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. (B) Criteria to evaluate conditional uses: Immediate and future impact on public services, existing road systems and traffic demands. Soil type and its development limitations, including slides, erosion, flooding and drainage,. Agricultural productivity including food pro- ductivity and the production of any usable agricultural product which requires open space and a non -urban environment. Development minimizes potential adverse effects on terrain, slope and ground cover. Development is compatible with the existing land use pattern and the character of the overall area. 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 consideration 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) [(A)] Shall not be located within one-quarter feedlot, __— - (1/4 mile of a dairy THrm, fe, sales yarcTis _T aughl 71ouse, bog or mink farm or agricultural lands capable of being intensively farmed, unless -11- I rv6 35 PACE 4390 adequate provisions aEf_provkded and approved by the 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. [(B) Special consideration shall be given to non-farm developments such as planned developments or other developments that provide protection for'open space or other non-developed lands within or adjacent to such developments, and when provided as a buffer and protection for adjoining pro- perties.] 12. Section 4.040 [(7)] (8) Yards. [(8)] (9) Stream Setbacks. 13. Section 4.060 (7) Transamerica Bikeway. No access, building or zoning i)e_ndPt -hall be issued for lands ad'acent to the Trans - America Bikeway which —would re uce 'the utility _oTt1_e 1-11-- 14. Section 4.070 FOREST USE [FU -1.] F-1. In an [FU -1] F-1 Zone, the following regulations shall apply: 15. Section 4.070 (1) Purpose: The purposes of the (Forest Use Zone] F-1 Zone are to conserve and protect designated lands for forest uses including protection of watershed, fish and wildlife habitat, unusual or unique recreational opportunities as well as timber and to minimize potential hazards or damage from fire, pollution, erosion or urban development. [(5) Limitations on Non -Forest or Non -Farm Recreational Uses. In addition to other standards and conditions set F-orth in this section, the following limitations shall be applied in the evaluation of a conditional use application: (A) Provisions for a buffer between forest lands or ag- ricultural 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 limitations, including slides, erosion, flooding and drainage, and provisions to minimize possible adverse effects resulting there- from. (D) Effects on timber and forage agricultural productivity 0 including the production of any usable forest or ag- ricultural products which require open space and a non- urban environment. -12- VOL JO PACE 891 (E) Density of development shall be designed to minimize potential adverse effects on terrain, slope and ground cover and shall be in com- pliance with applicable comprehensive plan policies. (F) Development and density shall be compatible wWl the existing land use pattern providing the com- prehensive 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 established by the Northwest Inter -Agency Fire Prevention Group en- titled "Fire Safety Considerations for Develop- ments in Forested Areas."] 17. Section 4.070 [(6)](S)Dimensional Standards. In an [FU -1] F-1 zone, the following standards shall apply: 18. Section 4.070 [(7)] (6) State Law Controls. 19- Section 4.080 FOREST USE - [FU -2] F-_2. In an [FU -2] F-2 zone, the following regulations shall apply: 20. Section 4.080 (1) Purpose: The purposes of the [FU -2] F-2 Zone are to con- serve and protect designated forest lands for continued commercial growing and harvesting of timber and the pro- duction 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, pollution, erosion or urban development. -13- VOL 35 pg, 21. Section 4.080 (2) Uses Permitted Outright. [(D) Mobile homes in accordance with section 5.110 of this ordinance.] (E) (D) Dwellings and other buildings, including mobile homes in accordance with Section 5.130 of this o-f—din—anc, customarily provided in conjunction with forest uses se forth in paragraph (B) of this subsection[.] upon aproy�a�b , the Planning Director of a forest manage- ment plan. 22,, Section 4.080 (3) Conditional Uses Permitted. (N) Mobile homes in accordance with section 5.110 of this ordinance. 23. Section 4.080 (5) Limitations on Non -Forest Residential and Recreational Uses. [(A) Shall not be located within one (1) mile of a primary forest product processing facility or within one-quarter (!z) mile of commercial forest or agricultural lands not owned by the applicant.] [(C)] (B) Immediate and future impact on public services, existing road systems and traffic demands, and fire protection systems. [(D)] (C) Soil type and its development limitations, including slides, erosion, flooding, and drainage, and provisions to minimize possible adverse effects resulting therefrom. [(E)] (D) 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)] (E) Density of development shall be designed to minimize adverse effects on terrain, slope and groundcover and shall be in compliance with applicable comprehensive plan policies. [(G)] (F) Development and density shall be compatible with the existing land use pattern providing the com- prehensive plan does not indicate a future zone change for the existing pattern. [(H)] (G) An adequate quantity and quality of water, either subsurface or other sanitary disposal systems and adequate provision for solid waste disposal. -14- [(B)] (A) Provision for a buffer between commercial forest or agricultural lands for the proposed use. [(C)] (B) Immediate and future impact on public services, existing road systems and traffic demands, and fire protection systems. [(D)] (C) Soil type and its development limitations, including slides, erosion, flooding, and drainage, and provisions to minimize possible adverse effects resulting therefrom. [(E)] (D) 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)] (E) Density of development shall be designed to minimize adverse effects on terrain, slope and groundcover and shall be in compliance with applicable comprehensive plan policies. [(G)] (F) Development and density shall be compatible with the existing land use pattern providing the com- prehensive plan does not indicate a future zone change for the existing pattern. [(H)] (G) An adequate quantity and quality of water, either subsurface or other sanitary disposal systems and adequate provision for solid waste disposal. -14- VOL 3,5 28. Section 4.085(2) Uses Permitted Outright. [(D) Mobile homes subject to section 5.110 of this ordinance.] (E) (D) Dwellings and other buildings , includi.n_g mobile homes in accordance with Section 5.130 6-f t-11—is 6_rU—inanc customarily provided in conjunction with forest uses se forth in paragraph (B) of this subsection [.] upon approval by the Planning Director of a forest manage- ment plan. Section 4.085(3) Conditional Uses Permitted. (J) Single-family residential and recreational dwellings including mobile homes subject to subsection (5) [(M)] (L) of this section, not provided in conjunction with forest or farm use; partitions, planned develop- ments and subdivisions in accordance with the terms of this ordinance and County Ordinance PL -14, and policies set forth by the comprehensive plan. (N) Mobile homes in accordance with section 5.110 of this ordinance. 30. Section 4.085 (5) Limitations on Non -Forest Residential and Recreational Uses. [(A) Shall not be located within one (1) mile of a primary forest product processing facility or within one-quarter (14) mile of commercial forest or agricultural lands not owned by the applicant.] [(B)] (A) Provision for a buffer between commercial forest or agricultural lands and the proposed use. [(C)] (B) Immediate and future impact on public services, existing road systems and traffic demands, and fire protection systems. [(D)] (C) Soil type and its development limitations, including slides, erosion, flooding, and drainage, and provisions to minimize possible adverse effects resulting therefrom. [(E)] (D) 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)] (E) Density of development shall be designed to minimize adverse effects on terrain, slope and groundcover and shall be in compliance with applicable comprehensive plan policies. -16- I- VIOL 3 5 P,� c E 8.9 1; [(G)] (F) Development and density shall be compatible with the existing land use pattern providing the comprehensive plan does not indicate a future zone change for the existing pattern. [(H)] (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 [availability] available technologies for alternate forms of energy and power generation and recycling, in the structural designs. [(J)] (I) Provisions for fire safety measures. [(K)] (J) Effects on natural resources, habitats and wildlife. (K) Factors set forth in the guide published by the Northwest Inter -Agency Fire Prevention Group entitled, "Fire Safety Considerations for Development in Forested Areas[".]." [(M)] (L) A mobile home shall not be permitted as a non-farm or non -forest residence except in a duly platted and approved mobile home subdivision or a specifically designated area of a subdivision so designated at the time of approval unless said mobile home is in compliance with the requirements set forth in section 5.130 or approved by the Hearings Officer pursuant to Section 5.140 of this ordinance. 31. Section 4.085 (6) Dimensional Standards. In [a FU -3] an F-3 zone, the following dimensional standards shall -apply: 32. Section 4.085 (9) 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.] 33. Section 4.090 (3) Conditional Uses Permitted. (F) Commercial recreation use including marina, riding stable, [destination resort,] gun club[,] and recreation camp[,]. [dude ranch.] -.17- MERNMW111 34. Section 4.090 (7) Site Plan Review. All uses in the OSW Zone, whether oTtT—ii-Ef or conditional, shall be subiect_to site plan 0 review in accordance with Article 7 of this ordinance. 35. Section 4.100 SURFACE MINING ZONE. 94. (2) Uses Permitted Outright. (A) Uses, except dwellings, schools or churches, permitted outright in the MUA zone. (C) Stockpiling and storage for mineral or aggregate materials [produced from the site]. (I) Exploration and extraction of fossil fuels and geothermal resources. 56. Section 4.100 (S) Use Setbacks. [(C) Upon an individual basis, an operator, an affected property owner, and or the Planning Director may request an increase or decrease in setbacks adjoin- ing roads in Landscape Management Areas or in residential areas. Such a request shall be reviewed by the Planning Director for general conformance with the Comprehensive Plan and this Ordinance.] 37. Section 4.100 (6) Site Plan Review. (Not to apply to non -conforming uses as defined in Subsection (14) of this Section). In an SM Zone, a Use permitted outright or a conditional use shall be subject to the provisions of this Section. Before development of any new site, or expansion of any existing site beyond the area covered by an existing state or county permit, may begin after —the effective date of fhis LOrdinance] ordinance, a site plan shall be approved by the Planning Director. Construction and development of the site shall be in full conformance with the approved site plan. 38. Section 4.100 (7) Site Plan Requirements. A site plan shall provide for the following: (A) A reclamation plan [approved by the Oregon Department of Geology and Mineral Industries] pieet Lng guide- lines - _0 lines and in a format established by the County and satisfying [such] the additional standards [as are] set forth herei—. The reclamation plan shall contain the following information: (1) The name and address of the landowner and the operator and the names and addresses of any person designated by them as their agents for the serviceof process. on ' VOL 35 PAGE 897 (2) A list of known materials for which the surface excavation operation is to be con -d-u-c-t-e-E-. (3) A general description of the excavation methods and type of equipment to be used and tHe—pro posed date for starting the operation. (4) A definitive statement of the subsequent bene- Ticial use of the site following mining. 'Ire —farms----CT—se must be in conformity to and consistent with local ptannin )rit -and with its comprehensive plan an impleme—nti regulations relative to reclamation. (5) Reclamation Requirements: The plan must provide To -f,; -- (a) Stable storage of overburden. Sufficient approved reclamation. A vegetative cov required to prevent erosion of the over storage or spoils area. (b) Isolation and stable storage of the top- soil of equivalent growth media material to achieve any required revegetation. (c) Protection of public and adjacent property from steep banks, deep holes, and other hazards during ,the mining and reclamation phases. Ade- quate -setbacks and provisions to assure lateral support of adjacent property must be provided. (d) Protection of existing adjacent natural -drainages and restoration of natural ges disturbed by the operation. All stream channels and stream banks shall be rehabilitated by proce ures which wil.1 minimize ban erosion, channel scour, and - siltation. These procedures ma X also ,,.require a permit from the Division of State Lands. (e) A surface water management plan to provide protection against contamination of ground water and the off-site discharge of sediments into adjacent waterways. This plan must include pro- vision for settling ponds, diversion dikes, and channels, or other structures as may be required. The time schedule for the initiati cted completion of the mining and tion. If reclamation is to be co tion plant site, stocbile,Qr-work area for an ongni extractive mining operation. am 9 E • �111_ �16`10 ITC" (g) All final surfaces to be reclaimed shall be control methods. Reclaimed surfaces shall not con- tain slopes which are steeper than 1 1/2 horizontal to 1 vertical except that steeper slopes may be approved for stable material when those - slopes blend into the natural land forms of the immediate surrounding terrain or are consistent with the _approved subsequent beneficial use and must not constitute a hazard to adjacent property (h) All disturbed areas shall be revey4etated with plants and grasses native or suitable to the area, when such planting is necessary to stabilize the surface, prevent undue runoff, and restore the surface in a manner best suited for its future intended use. A vegetative cover survival of 750, uniformly distributed over the area requiring revegetation for one growing season will normally be considered acceptable. (i) Prevention of stagnant water either by mina e of the it filling in, or other approved practice. (j) Permanent water impoundments require the establishment of inwater slopes or safety benches for any body ofstandingwater which will be deeper than three feet. In order to avoid stag- nant water the minimum depth of excavation, in most cases, shall be not less than 8 feet below the low water mark measured in the year of excavation. If conditions dictate, the depth of excavation may be less if approved in advance by the Planning Director or if the operator has provided a reasonable alternative approved by the Planning Director which is consistent with the reclamation plan to accomplish the approved sub- sequent beneficial use. Inwater slopes steeper than 3 horizontal to 1 vertical to depths of the then only when adequate protection such as fencing or other access barriers or controls are provided._. Safety benches no more than 2 feet below low water and at least 5 feet wide around the entire perimeter may be sybstituted for the slope requirement where sloping is not practical. All above water disturbed surfaces shall be revegetated when required by the approved re- clamation plan. ditions required will be established when the operating permit area will be in si ght of a public road, highwaor - residential a=a- -20- E E • (1) All equipment, refuse, and temporary structures shall be removed from the permit area —and the site left free of debris. Per- manent structures may remain it they are approved in t e ­reclamation plan. (m) The permit area shall be prepared in the best practical manner, conslStE siffisequent beneficial use. MU (n) Each reclamation plan must contain a suitable tax lot map, a site plan or dra i aerial T)hotograDh which shows the existing confipuration of the land and the plamed contivration 01 EM reclaimed' —site. suitable cross sectional drawings shall be submitted with eac site plan which show existing contours and contours larm( fo—r--t-Fe final reclaimed site. If appropriate the site plan shall illustrate the phases of planned mining development. Site plans must be at a scale no smaller equals 400 feet. (o) Legible copies of maps of the permit area shall be submitted. Such maps shall have a horizontal scale that is no smaller than T-Ench limited to: the corners and boundaries of the mining areas; the area to be mined; the location and names of all streams, roads, railroads, and utility facilities within or adjacent to such lands; the location of all proposed access roads to be constructed in conducting such operations; date; contour,in- terval; and the identification ofanarea by le al su ivisions (section, towns range). If aerial photographs are used as a B–ase. the scale shall be shown. The procedures to be applied in the surface a oneration to control the discharge of contaminants and the disposal of surtace mining refuse sE—all be described. A11 applicable -air an7Jwater quality standards shall be met. Permits (g) Evidence, in written form, must be provided stating that all owners of surface and mineral interests in the land concur with the proposed seauenL use are submit amation (E) (5) Restrictions on the hours, days and noise levels of operation. (7) When SM operations [are planned to be within one- half mile of a residence, a residential zone, or the MUA zone, the Planning Director may, in addition, place] MWA._tbe criteria for 35 PAGE 910 VOL J 6 conflict levels III or IV as specified in the comprehensive plan, the Planning Director may impose more stringent criteria upon the operations in accordance with [Subsection] subparagraph (8) of this [Section] section. (8) Adequate water supplies to enable landscaping,. reclamation and dust control conditions to be met. 39. Section 4.100 (8) Special. Requirements Relating to Residential Areas. (A) Unless the applicant can show that the natural topography of the site offers sufficient screening of the site from public view, the exposed sides of the site shall be screened with landscaped berms, hedges, walls, fences or similar devices to effectively screen the site from the public [if economically feasible]. (B) If necessary, [upon] during site plan review[,] the Planning Director [and the applicant] may determine that screening requirements are not economically feasible or physically possible. (C) When an unusually high level of conflict exists off-site stockpiling and/or processing may be required. 40. Section 4.100 (9) Procedure Upon Filing of Site Plan. (B) Following receipt of the application, the Planning Director shall notify, in writing, the applicant and persons and agencies entitled to written notice as defined in County Ordinance PL -9. The Planning Director may hold a meeting with affected persons and the applicant to discuss the proposed plan before making his decision or only request that written comments be submitted. The entire process leading to a decision shall not exceed 45 days. (C) (1) If after the Planning Director renders his decision the applicant or an affected person feels it necessary, the applicant or an affectedpe.rson may appeal the decision to the [Hearings Officer] County Surface Mining Committee. [if suchia decision is referred to the Hearings Officer, he] The committee may, at [his] its discretion, either hold a public hearing and call for public testimony, or [he may] determine the case witout open public testimony and hearing by weighing the evidence as presented [by] to the Planning Director [and the applicant and 'then make a decision]. In -22- VOL 35 FACE 9 �1, I either case, the procedure before the [Hear- ings Officer] committee shall follow the applicable portions of [the Procedural] Ordinance PL -9. Committee decisions may be appealed to the Board by the applicant, affected person or Planning Director. [(2) Hearings officer review, which shall occur when the site plan is submitted with a pro- posed zone change, shall. follow in accordance with County [Procedural] Ordinance PL -9.1 2. [(3) ] The Planning Director or hearings body [and/] [Or] [Hearings Officer 's] decisionts] shall be based on the impact of the proposed use on nearby streets and roads, and the economic, social and environmental impact on the communtiy. L.,[(4)] The Planning Director or hearings body [and/.] [or Hearings Officer]shall approve a site plan only if in conformance with all applicable regulations, this [0]ordinance, and the [C]comprehensive [P]JIan. 41. Section 4.100(10) Approval of Site Plan. (Not to apply to nonconforming uses as defined in Subsection (14) of this [S]section.) (A) A site plan final approval shall expire [eighteen (18)] twelve (12) months from the date of approval unless the project has commenced in accordance with the approved site and reclamation plans. Upon petition by the original applicant showing good cause, an extension of an additional [six (6)] twelve (12) months may be granted by the Planning Director. The operating approval shall be valid for a period of time specified by the reclamation plan except as otherwise limited therein. (B) The Planning Director or his designate shall review each approved site plan annually. A reasonable fee for this inspection shall be paid to the County by the per- mittee. Unless a violation of the site plan or obvious health or safety hazard is found the permit shall be renewed. The Planning Director's decision may be appealed as in subsection (9)(c)(1) of this section. 42. Section 4.100(11) Bond. A bond or security deposit shall be required of all applicants [in accordance with ORS 517.810. A bond shall also be required] sufficient to cover costs plus ten percent of necessary road improvements, berming, reclamation, [and] landscaping [if not already bonded under ORS 517.8 and other pertinent conditions. -23- VOR 35 PAGE 91,12 43. Section 4.100(12) Failure to Comply. (B) If a permittee fails to faithfully perform the reclamation required by his reclamation plan, or if the bond or security deposit required by [S]subsection (11) is not sufficient to compensate the County for all reasonable necessary expenses required by the reclamation plan, the amount due shall be a lien [in accordance with ORS 517.865,] in favor of the County[,] upon all property, whether real or personal, [belonging to] owned by the permittee. 44. Section 4.100(13) Exceptions. This [O]ordinance shall not apply to the follow- ing: (B) [Exception to ORS Chapter 517 when State administra- tion of] [m]Mineral and aggregate activities [are] when assumed by the Oregon Division of State Lands pursuant to ORS Chapter 541.605 through 541.660. [Provisions of this Ordinance shall apply to lands and activities administered by the State of Oregon pursuant to ORS 541.605 through 541.660.] (C) [Exception to Department of Geology and Mineral Industries for] [Dredge] Dredging of mineral and aggregate materials, administered by Oregon Division of State Lands pursuant to ORS Chapter 517.611 through 517.700. [Provisions of this Ordinance shall apply to lands and waters and activities within them administered by the State of Oregon pursuant to ORS 517.611 through 517.700.] 45. Section 4.100(14) SM Nonconforming Uses. This (0)o - rdinance shall not apply to [lawful] uses having a valid state permit [as existing] upon the date of adoption of [the Deschutes] County [Zoning] Ordinance [of 1979, Number] PL -15 (November 1, 1979). Expansion of existing uses beyond the area covered by existing state or county permit shall be consistent with this ordinance. 46. Section 4.120 (3) Conditional Uses Permitted. (N) Churches. 47. Section 5.040 (4) NUMBER OF SPACES REQUIRED provided as follows: Use (A) Residential 0 one, two and three family dwellings: Multi -family dwelling containing four or more dwelling units: -?A- #ff-street parking shall be Requirement 2 Spaces per dwelling unit E 11 Studio or Efficiency Unit I Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit 4 Bedroom Unit Apartment -Hotel, Rooming or Boarding House: [Quad • Quint dwelling: VOL 35 PAGE 9,33 .75 space per unit 1.00 Space per unit 1.50 Space per unit 2.25 Space per unit 2.50 Space per unit .50 space guest parking per dwelling unit 4.5 Spaces per quad and 5.5 Spaces per quint] 48. Section 5.230 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 Service as endangered shall prepare an acceptable protection plan for use during and after con- struction (e.g., a nest protection plan for developments in the vicinity of a Bald Eagle nesting site). 49. SECTION 5.250 LAN I DS ADJOINING SM OR SMR ZONES. Lots or parcels transferred or created after the effective date of this amendment which abut an SM or SMR zone may be required to establish setbacks in excess of those required in the zone in which the lot or parcel is located. The total setback to be established will be determined by he Planning Director after meeting with the applicant; in any case the setback shall not exceed 100 yards._ The purpose of the additional setback is to provide sight and sound screening from the adjoining mining operation. So. Section 7.030 APPROVAL REQUIRED. (2) (E) All OS,&C zones. Sl. Section 8.030 CONDITIONS. In addition to the standards and conditions set forth in a specific zone or in Article 7 of this ordinance, the [Hearings Officer] hearings body may impose the follow- ing conditions upon a finding of which circumstances warrant such additional restrictions. 52. Section 8.040 PERFORMANCE BOND. The [Hearings Officer] hearings body may require the applicant to furnish the County with a per- formance bond or other adequate form of assurance to guarantee development in accordance with the standards and conditions attached in granting a conditional use permit. 53. Section 8.050 SPECIFIC USE STANDARDS. (1) Airports, aircraft landing fields, aircraft charter, rental, service maintenance facilities not located in the A -D Zone: The [Hearings Officer] hearings body. -2S- ^ Lo VOL Oa FAG414 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. (2) Automobile wrecking yard or junkyard: In considering a conditional use application for an automobile wrecking yard or junkyard, the [Hearings Officer] hearings body shall require that it be enclosed and screened from public view by a sight -obscuring fence not less than six feet in height. If applicable, the proposal shall conform to state regulations. (3) Cemeteries: The [Hearings Officer] hearings body shall find that the terrain and soil types of a proposed location are suitable for [internment[ interment, 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. (5) Clinics, clubs, lodges, fraternal organizations, community centers, grange halls, golf courses, grounds and buildings for games and sports, country clubs, swimming, boating, tennis clubs and similar activities, 0 government structures and land uses, parks, playgrounds. In considering the above, the [Hearings Officer] hearings body may authorize the conditional use after assurance that the following is to be provided: (6) Dog pounds and kennels. The [Hearings Officer] hearings body may authorize a dog pound or kennel as a conditional use provided that building and site design provisions are adequate to minimize noise and odor. When necessary to protect surrounding properties, the [Hearings officer] hearings body may require a sight -obscuring fence or hedge and may restrict vehicular access and loading facilities, especially those required by trucks transporting large animals. (8) Landfill, solid waste disposal site: The [Hearings Officer] hearings body may authorize a landfill or other solid waste disposal site as a conditional use, subject to the following standards: (9) CommercialUse or accessory use not wholly enclosed within a building, or a retail establishment, office, service commercial establishment, financial institution, or personal or business service establishment on a lot abutting or across a street from a lot in a residential 0 zone. -26- :VOL 35 PAGE DIM, (A) A sight -obscuring fence or evergreen hedge may be required by the [Hearings Officer] hearings body when [he] it 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 requirementsof the applicable zone, the [Hearings Officer] hearings body may further regtilate 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 dis- tractions or to protect the aesthetic character of the neighborhood or vicinity. (C) In order to avoid unnecessary traffic congestion and hazards, the [Hearings Officer] hearings body may limit access to the property. (11) Mobile Home Park. (L) A minimum of at least 2,500 square feet plus 100 feet per mobile home space shall be provided for recreational play area, group or community activities. The [Hearings Officer] hearings body may require this area to be protected from streets, parking areas or the like by a fence or the equivalent that is conforms to fence regulations, but is at least 30 inches in height where allowed by fence ordinances. Unless otherwise approved, no required open space area shall contain less than 2,500 square feet. Recreation areas shall be improved with grass, plantings, surfacings or buildings suitable for recreational use. (16) Cluster Development (Single -Family Residential Uses Only). (D) Dimensional Standards: (a) Setbacks and height limitations shall be as prescribed in the zone in which the development is proposed unless adequate justification for reduction is provided the [Hearings Officer] hearings body, but in no case shall the set- backs be less than 25 feet or the height greater than 40 feet. (E) Phased development of the project may be permitted if agreed to by the [Hearings Officer] hearings body at the time of the initial application. Such conditions and performance bonds shall be required to assure completion of the project as are stipulated by the [Hearings Officer] hearings body. -27- VOL 35 PAGE `f (17) Planned Developments. i(D) Dimensional Standards: (a) Setbacks and height limitations small be as determined by the [Hearings Officer] hearings body upon review of the evidence submitted. (18) Planned Communities. (E) Phased development of the project may be permitted if agreed to by the [Hearings Officer] hearings body at the time of the initial application. .Stich conditions and performance bonds adequate to assure completion of the project shall be required by the [Hearings Officer] hearings body. (19) Destination Resorts, Dude Ranches. (D) Dimension Standards: [(a)] Same as subsection (17)(D) of this section, except that density may be greater. or less than that of the underlying zone upon a finding by the [Hear- ings Officer] hearings body that particular cir- cumstances warrant a different density which 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 [Hearings Officer] hearings body at the time of the initial application. Such con- ditions and performance bonds adequate to assure the completion of the project shall be required by the [Hearings Officer] hearings body. S4. Section 8.070 TIME LIMIT ON A [PERMIT FOR A] CONDITIONAL USE[.] PERMIT. (2) If a delay in establishing 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 [Hearings Officer] hearings body may extend the time limit imposed by section 8.070(1) for a period not to exceed one year following issuance of the state or federal agency permit. The applicant shall establish with the [Hearings Officer,] hearings body that such state or federal permits have not yet been issued, and that the delay has not been caused by the applicant. SS. Section 8.080 OCCUPANCY PERMIT. The [Hearings Officer] hearings body may require an occupancy permit for any conditional use permitted and approved pursuant to the provisions of this ordinance. The [Hearings Officer] hearings body shall consider such a requirement for any use authorized by a conditional use permit for which the ordinance requires on-site or off-site improvements or where such E VOL 35 PACE 9-') "1 conditions have been established by the [Hearings Officer] hearings body upon approval of such use. The requirement of an occupancy permit shall be for the intent of insuring permit compliance and said permit shall not be issued except as set forth by the [Hearings Officer] hearings body. The authority to issue an occupancy permit upon compliance with the requirements and conditions of a conditional use permit may be delegated to the Planning Director or the Building Inspector by the [Hearings Officer] hearings body at the time of approval of a specific conditional use permit. S6. Section 8.085 TEMPORARY USE PERMIT. (1) A temporary use permit for a mobile home in a residential area may be granted by the [Hearings Officer] hearings body when a medical condition exists which requires the temporary location of a mobile home unit on the property in order to provide necessary care for a member of the principal [occupants] occpant's family. Such medical condition must be verifiedbya [D]doctor's written statement, which is to accompany the permit application. (2) A permit for temporary occupancy of a mobile home may be granted by the Planning Director under the following circumstances: (A) A conditional use application for permanent occupancy has been filed with the Planning Department. (B) An unusual hardship exists which justifies issuance of the temporary permit. (C) It appears that the proposed use does not violate other terms of this or other county ordinances. (D) The applicant agrees to remove the mobile home if the conditional use application is denied, within 30 days following a final decision. 57, Section 9.010 VARIANCE APPLICATION. The [Hearings Officer] bearings body may authorize area or use variances from the requirements of this ordinance. Application for a variance shall be made by petition stating fully the grounds of the application and the facts relied upon by the petitioner. 58. Section 9.020 AUTHORITY OF HEARINGS [OFFICER] BODY. A variance may be granted unqualifiedly or may be granted subject to prescribed conditions, provided that the [Hearings Officer] hearings body shall make all of the following findings: -29- VOL 35 PAGE0118 59. Section 9.030. HEARINGS [OFFICER] BODY ACTION ON VARIANCE. In granting or denying a variance, the [Hearings Officer] hearings body shall make a written record of [his] its findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The Planning Department shall keep the findings on file, and a copy of the variance granted and the condition thereof shall be recorded with the County Clerk. 60. Section 10.020 PROCEDURE FOR ZONING MIENDMENTS. Action on proposed zoning text or map amendments shall proceed according to the terms of County Ordinance PL -9. The [Hearings Officer] hearings body shall conduct the initial hearing on[both legislative] and quasi-judicial re -zonings. 61. SECTION 10.025 REZONING STANDARDS. The applicant for a quasi-judicial rezoning must establish that the public .interest is best served by a rezoning to the requested.._. use in the requested area. Factors to be demonstrated by the applicant are: (1) Conformance with the comprehensive plan. (2) Conformance with statewide planning goals where applicable. (3) Usefulness to the public of the proposed use in the pro- posed site. 62. Section 10.030 REZONING TO EFU OR F[U] CLASSIFICATION. (1) 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, rights-of-way to other property, to an EFU or F[U] classification from some other zone shall, in lieu of any other burden of proof requirement contained in County Ordinance PL -9, [Section ll,] make the following showing: (B) Rezoning to F[U]. 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 author- ized member of the Assessor's staff. The applicant shall also show conformance of the proposed rezoning with the [C]comprehensive [P]plan, and that the site touches or is contiguous with an F[U] zone. (2) The provisions of this section shall not apply to land having a zoning classification of EFU or F[U] at the time of application. W va ^5 PACE 9,19 tj 63. Section 10.040 REZONING OF EFU LANDS UNSUITABLE FOR FARM USE. [(I)] Re- zoning of Certain Lands from EFU to MUA[-10]. Due to the fact that the 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 continguous owner- ship are too small to be useful for grazing purposes. it is found that 320 acres of grazing land in contiguous owner- ship without any water rights or well can provide a minimal economic use. Accordingly, for one year after the acknowledg- ment 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 Ordinance PL -9, Section II]: [(A)] (1) The rezoning is consistent with the [C]comprehensive [P]plan; and [(B)] (2) That the rezoning to MIJA[-10] will not interfere with any existing neighboring agricultural use, regardless of the existing zoning on such neighboring land; and [(C)] (3) That the land [has a Soil Conservation Service Capa- bility] that is the subject of'the application predominantly consists of soils in Soil Conservation Service Capability Classification VI or VII, or is not classified; [and]'or [(D)] (4) If Subsection C is not satisfied, that the land that is the subject of the application predominantly consists of soils in Agricultural Soil Conservation Survey Cl.assification,,VI or VII, or is unclassified; [and] or [(E)] (5) If Subsection D is not 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] or [(F)] (6) The land is not classified under any of C, D or E, a testing method approved by the Planning Director and executed by a certified soil scientist discloses that the soil consists predominantly of Class VII under the Soil Conservation Service Capability Classification IsSystem. [(G)] (7) That the land does not have sufficient water rights or existing water supply to allow farm use, as defined in ORS 215.203(2). VOL 35 PAGE 910 64. Section 11.080 REVOCATION. The [Hearings Officer] hearings body may revoke or modify any permit granted under the provisions of this ordinance on one or more of the following grout -ids: (5) 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 [Hearings Officer] hearings body shall hold a public hearing on any proposed revocation after giving written notice to the permittee and other affected persons as set forth in County Ordinance PL -9. The [Hearings Officer] hearings body shall render [his] its decision within 45 days after the conclusion of the hearing. Appeals from the action of the [Hearings Officer] hearings body shall be filed in the manner pro- vided in County Ordinance PL -9. Emergency Clause. This ordinance being immediately necessary in order to preserve the public peace, health, safety and general welfare of the public, an emergency is declared to exist and this ordinance shall take effect immediately upon adoption. 11- - DATED AND ADOPTED this day of 1980. E First Reading: Second Reading: 9-27-90 y-,7+426 11 Emus= XL -BERT A. YOUNG, Chairman CL Y SH ARD, ommissio t. BERT C. P ULSON, J CommissionerA_ 7. -32- VOL 35 PAGE 911 a 0 v • Amendment to Section 4.010 (3)(B) (B) Operations conducted for the exploration, mining and processing of geothermal resources as defined by ORS 522.005, exploration for and extraction of natural gas or oil, or mining of mineral resources or personal or farm use. E E EXHIBIT A va 35 FACE 912 FINDINGS AND RECOMMENDATIONS DESCHUTES COUNTY YEAR 2000 COMPREHENSIVE PLAN AMENDMENTS *n November 7, 1979 Deschutes County submitted to the Oregon Land Conservation and Development • (LCDC) the Deschutes County Year 2000 Comprehensive Plan and requested that the Plan be granted acknowledgement as a plan in conformance with the state land use planning goals. At LCDC's April 10th meeting, the -Commission determined that improvements to inventories, policies and ordinance requirements regarding agricultural lands (Goal 3), forest.lands (Goal 4) and open spaces - scenic and historic area - and natural resources (Goal 5) would have to be made before acknowledgement could be granted. The County was offered an extension of time, subsequently accepted, in order to prepare the necessary amendments. Attached are the amendments which are proposed to meet the LCDC's requirements. This introduction is provided to explain the findings which determined t I he content of the amendments proposed, as well as a discussion of the alternatives considered. GOAL 3 AGRICULTURAL LANDS FINDINGS: 1 The Department of Land Conservation and Development (LCDC) Staff Report, adopted by LCDC as the requirements to be met by the County, "In order to comply, Deschutes County must revise its EFU zones to: a-. apply the review standards in ORS 215.213(3) to "each" proposed nonfarm dwelling and not allow planned developments in any of the three EFU zones; b. apply the review standard in ORS 215.213(3)(d) to nonfarm dwellings in the EFU-20 zone." VOL 35 PACE 913 2. The wording of Section 4.010(4) of PL -15 meets the LCDC require- ments for compatibility wtih ORS 215.213(3). 3. The wording of Section 4.030(5)(c) needs to be added to meet local concerns regarding compatibility. 4. The Exceptions 'Maps reflect the amount of intermingling of Exclusive Farm Use areas and non-farm areas which occur in Deschutes County. 5. Section 4.010(3)(E) of PL -15 requires each non-farm dwelling to meet the non-farm standards in ORS 215.213(3) and County limitations. ALTERNATIVES: No alternatives to the recommended action are available since the requirement is specific as to what must beidone. RECOMMENDATIONS: The wording of Section 4.010(4) shall be substituted for Section 4.030(4) and 4.040(4). The wording of Section 4.030(5)(c) shall be added to all EFU zones. The wording of Section 4.010(3)(E) shall be used in all EFU zones for non-farm dwellings, and reference to partitions, subdivisions and planned developments shall be dropped. Plan policies shall be altered to reflect the restrictions on non-farm dwellings and uses in EFU areas. FINDINGS: 1. The LCDC requires that the County: "Amend the Plan Map for all Exception areas zoned MUA-10 from "Agriculture" to a more appropriate designation (i.e. "Rural Residential") in order to ensure that zone changes from EFU to MUA-10 require a plan change and Exception to Goal 3. 2 VOL 35 PACE 914 is ALTERNATIVES: 1. Identify all non-agricultural development on the Plan Map. 2. Amend the Plan text to require changes from EFU zones to require 2 Plan Amendment and change the Plan 14ap to refer people to thp-_ Exceptions Maps, which are part • the Plan, and the PlaM text. RECOMMENDATION: 1. Because the first alternative is physically impossible, due to the scale of the map and the extent of Excepted Areas, the second alternative should be used. FINDINGS: 1. LCDC requires the County: "Review the 40 acre and 20 afire minimum lot sizes and where appropriate establish minimum.lots sizes or a methodof review which ensures that the lot sizes or farm use land divisions are "appropriate for the continuation of the existing commercial agricultural enterprise" in Deschutes County. There are also several methods that combine the use of a minimum lot size with review criteria which can also comply with Goal 3., The Department will assist Deschutes County in developing a method which best suits their particular situation." 2. An inventory of existing farm and lot sizes reveals that: High desert sagebrush and juniper land east of Horse Ridge is charac- terized by lot sizes of several hundred to several thousand acres; Riparian Meadows have predominant lot sizes of 40 and 80 acres and a mean size of 109 acres; Irrigated commercial cropland is predominantly 80 acres; Irrigated marginally commercial crop- land is predominantly 40 acres; Dry rangeland is predominantly -- 3 -- VOL 35 PAGE 915 40 acres; Marginal farmland - undeveloped is predominantly 40 0 acres, but the extent of smaller farms results in.a smaller mean and median lot size; and Marginal farmland- developed is pre- dominantly less than 20 acres. 3. EFU lot sizes near Bend, West Terrebonne, Redmond, east and west Horse Ridge and in most of Tumalo are consistent with existing farm lot sizes (farm and lot sizes are usually the same) 4. EFU lot sizes in Lower Bridge, East Terrebonne, Cloverdale, 4-Jfalfa, Odin Falls, LaPine, and other areas with farm characteristics similar to these areas, have lot sizes less than are typical presently. S. EFU zoning protects land from urbanization while conserving the land for open space, wildlife and agricultural uses. 6. See Recommendation. ALTERNATIVES: 1. Change the zoning maps and adopt an EFU-80 zone to reflect existing 2. Argue that the existing small lot sizes are reasonable given the marginal agricultural character of the County. C? 3. Set 40 acres as the minimum EFU lot size in all zones, except for EFU-320, since the Resource Element indicates this is the minimum commercial agricultural lot size. RECOMMENDATION: Change the zoning maps and adopt an EFU-80 zone to reflect existing lot sizes. Alternative 2 was argued during the Interim Agricultural Ordinance, and during the inital submission to LCDC, and was rejected. C> 0 Alternative 3 does not reflect the individual characteristics of the different agricultural land types or differing areas. FINDING: VOL 35 FACE 916 1. Policy 19, on page 53, of the County Comprehensive Plan states that pre-existing status. shall be granted subdivisions with preliminary approval at the time of plan adoption. 2. Seven subdivisions toalling 1,711 acres, were approved in EFU areas before Plan adoption but were never added to the maps. 3. The Plan allows approved subdivisions to be excepted from Goal 3. ALTERNATIVES:� None RECOMENDATION: Amend the Exceptions Statement and zoning maps.to reflect the- new.subdi ViS4 Ions. GOAL 4, FOREST LANDS: FINDINGS: 1. LCDC states: "In order to comply with this Goal, Deschutes County must: 1. Amend the FU -2 and FU -3 zones to limit residential development (mobile homes and dwellings in conjunction with forest use) and thereby retain forest uses. if minimum lot size is used as a primary factor in allowing residential development, then a discussion of the impacts on forest use of development at that density and a demonstration of how forest uses will be retained must be adopted as part of the plan." 2. Discussion with LCDC staff indicates that forest -related uses in forest areas should have forest management plans. 3. Representatives of the Department of Forestry and U.S. Forest Service have indicated 40 acre and 20 acre minimums are con- sistent with forest uses in Central Oregon. ALTERNATIVES: VOL 3 5 PAGE917 1. Make all residential development conditional uses.. 2. Require forest -related dwellings to be part of a site and forest management plan. RECOMMENDATION: Require forest -related dwellings to be part of a site and forest management plan. Alternative 1 -would be an excessive burden and the LCDC has indi- cated an interest in the forest management plan alternative. FINDING: 1. LCDC requires the County to: "Delete the State Board of Forestry requirement from the FU -1, FU -2 and FU -3 zones." ALTERNATIVES: None. RECO11*1ENDATION: Delete Sectior-,9 4.080 (9) (B) and 4.085(9)(B). GOAL 5, OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES: FINDINGS: 1. LCDC requires the County to: "Adopt a policy to protect existing historic sites and structures, and the Historic Preservation Ordinance." ALTERNATIVES: 1. Adopt an interim policy to protect historic sites and structures-, while continuing work on the Historic Preservation Ordinance. 2. Adopt the Historic Preservation Ordinance now. iRECOMMENDATION: Alternative 2 should be used since it is simpler. -- 6 -- FINDINGS: 1. LCDC requires the County to: VOL 35 PAGE 918 "Adopt policies and implementing measures to protect the approved Oregon Recreation Trails, particularly the Trans- america Bikeway where its route is along County roads." 2. Only 2 mile of the Transamerica Bikeway lies outside state or federal ownership. ALTERNATIVES: None. RECOMMENDATION: Add to the Transportation Chapter a policy to protect the Trans- america Bikeway and amend PL -15 to implement that policy. FINDING: 1. Although not an LCDC requirement,the Department of Environmental Quality has stated a preference for a statement that the County shall coordinate, rather than should coordinate, with them. RECO'MMENDATION: Change policy 10 of the Open Spaces, Areas of Special Concern and Environmental Quality Chapter from should to shall. TITPInTMOQ . 1. LCDC states that for surface mining resources the County must: "Include in the Resource Element the latest available data on the quantity, quality and location of mineral and aggregate ALTERNATIVES: None. RECOWIENDATION: Amend the Resource Element and Policy Document to include available information on known mineral resources and anticipated needs, -- 7 -- FINDINGS: is 1. -LCDC requires the County to: • E "Provide a more detailed analysis on the nature and extent of conflicts between resource sites and existing and pro- posed development. Where substantial conflicts exist, site specific information must be provided in order to justify the County's eventual designations. Exceptions are not required." 2. The inventory indicates 43,425,000 cubic yards of aggregate is known and projections indicate up to 41,489,677 cubic yards may be needed. 3. Amend the Resource Element and Policy document to include avail- able information on known mineral resources and anticipated needs. ALTERNATIVES: 1. Adopt conflict criteria, use a lower needs projection and do not allow mining of high conflict sites. 2. Adopt conflict criteria, use a higher needs projection and identify all mining resources for mining, but increase County regulations to assure . compatibility. RECOMMENDATION: Use Alternative 2 since 1 could make the community vulnerable to a severe shortage of aggregate materials. Adopt criteria for measuring the level of conflict for each Identify the three known controversialsitesfor Surface Mining Reserve, but establish stringent requirements for the mining of the materials. Continue to improve the County mining resource inventory and establish a citizens committee to assist this process. Establish criteria for identifying new sites based upon new voL 35 PAGE 920 inventory information. Maintain publicly owned resource sites for future. possible needs. VTMnTMPC. 1, LCDC states the County must: "Adopt clear, nondiscreationary standards for the change of an inactive SMR site to an active SM site." RECOMMENDATION: Recognizing local population growth, construction industry fluc- tuations and,.needs.indifferent areas of the county establish cri- teria for new surface mining, which provide an objective guide for zone changes from SMR to SM. The criteria should require a to demonstration that the material is needed because of local growth and exhaustion of existing sites and that. -itis needed in the place proposed. The criteria should also distinguish between aggregate sites, which are in short supply, and pumice/cinders sites, which are in large supply and are an exported material. FINDINGS: 1. LCDC requires the County to: "Adopt standards to protect existing (SM) and proposed (SMR) mineral sites from proposed adjacent development. These standards must apply to the proposed development and not the mine operations. ALTERNATIVES: 1. Place all the burden on adjoining uses. 2. Place all the burden on the mining use. 3. Develop policies for material accomodation. RECOMMENDATION: Use Alternative 3, since 1 and 2 are unequitable. VOL 35 PAcr 921 Continue the SMR zone to serve as an identification device for new development and amend the zoning (FL -,15) and subdivi- sion (PL -14) ordinances to permit increased requirements for development near SM and SMR zones. Establish a more stringent County mining enforcement program to assure SM sites are compatible with adjoining uses, which includes a Mining Committee with representatives from both miners and adjoining FINDINGS: 1. LCDC requires the County to: "Resolve any conflicts or technical errors between the County's SM zone and DOGAM's statutory responsibilities." 2. See RECOMMENDATION. 3. During public hearings, dissatisfaction was expressed regarding existing regulation of surface mines. ALTERNATIVES: 1. Continue a shared enforcement responsibility between the County and the State. 2. Have the County assume all enforcement responsibility for recla- mation and site plans. RECOMMENDATIONS: Because of public dissatisfaction with the State's enforcement program, the County should adopt Alternative 2 in order that the miners be allowed to continue to operate while the neigh- bors have some greater assurance of effective control on mining operations. 0 -- 10 FIND ING: VOL ;AGE 35 922 1. LCDC recommends the County: "Correct the zoning ordinances to note that the official federal endangered species list is maintained by the Fish and WUldlife Service and not the EPA." RECOMMENDATION: Change the reference as suggested. E 11