1. The purpose of DCC 18.116.010 is to, consistent with provisions of state law, provide for land uses not specifically listed in any zone, but which are similar in character, scale, impact and performance to a permitted or conditional use specified in a particular zone.
2. Review Criteria. A similar use may be authorized by the Planning Director or Hearings Body provided that the applicant establishes that the proposed use meets the following criteria:
   1. The use is not listed specifically in any zone;
   2. The use is similar in character, scale, impact and performance to one or more of the permitted or conditional uses listed for the zone in which it is proposed; and
   3. The use is consistent with any applicable requirements of state law with respect to what uses may be allowed in the particular zone in question.
   Any similar use authorized by the Planning Director or Hearings Body shall conform to the applicable standards and requirements of the zone in which it is located, including any requirements for conditional use review set forth in DCC 18.128.
3. Procedure:
   1. A property owner may initiate a request for authorization of a similar use by filing an application with the Planning Division on forms prescribed by the division.
   2. The Planning Director or Hearings Body shall consider a request for authorization of a similar use under the requirements of Title 22, the Deschutes County Uniform Development Procedures Ordinance.

1. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline finished grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the finished grade.
2. A clear vision area shall consist of a triangular area on the corner of a lot or parcel at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines abutting the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County:
   1. In an agricultural, forestry, or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet.
   2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows:

1. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18.
2. Off-Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows:
   1. Commercial, industrial, and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table:
      

      Sq. Ft. of Floor Area	No. of Berths Required
      Less than 5,000	0
      5,000-30,000	1
      30,000-100,000	2
      100,000 and Over	3

   2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities, and any similar use which has a gross floor area of 30,000 square feet or more shall provide off street truck loading or unloading berths subject to the following table:
      
      

      Sq. Ft. of Floor Area	No. of Berths Required
      Less than 30,000	0
      30,000-100,000	1
      100,000 and Over	2

   3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased.
   4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use.
   5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs.
3. Off-Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed.
4. Number of Spaces Required. Off-street parking shall be provided as follows:
   1. Residential.
      

      Use	Requirements
      Single-Unit Dwelling, Duplex, and Three-Unit Dwelling	2 spaces per dwelling unit
      Multi-unit dwelling containing four or more dwelling units: Studio or efficiency unit	0.75 space per unit
      1 bedroom	1.00 space per unit
      2 bedroom	1.50 space per unit
      3 bedroom	2.25 space per unit
      4 bedroom	2.50 space per unit
      Hotel	0.50 space guest parking per dwelling room

   2. Commercial Lodging.
      

      Use	Requirements
      Hotel	1 space per guest room plus 1 space per 2 employees.
      Motel	1 space per guest room or suite plus 1 additional space for the owner-manager
      Club or lodge	Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc.
      Fraternity, sorority or dormitory	1 space for each 6 student beds

   3. Institutions.

      Use	Requirements
      Welfare or correctional institution	1 space per 3 beds for patients or inmates
      Convalescent Hospital, nursing hospital, sanitarium, rest home, home for the aged	1 space per 2 beds for patients or residents
      Hospital	1.50 spaces per bed

   4. Places Of Public Assembly.
      

      Use	Requirements
      Religious institutions or assemblies	1 space per 4 seats or 8 feet of bench length in the main auditorium or 1 space for each 50 sq. ft. of floor area used for assembly
      Library, reading room, museum, art gallery	1 space per 400 sq. ft. of floor area plus 1 space per 2 employees
      Preschool, nursery or kindergarten	2 spaces per teacher
      Elementary or junior high schools	1 space per 4 seats or 8 feet of bench length in auditorium or assembly room, whichever is greater, plus 1 space per employee.
      High schools	1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is greater, plus 1 space per employee
      College or commercial school for adults	1 space per 3 seats 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 area

   5. Commercial Amusements.
      

      Use	Requirements
      Stadium, arena or theater	1 space per 4 seats or 8 feet of bench length
      Bowling alley	6 spaces per lane, plus 1 space per 2 employees
      Dance hall or skating rink	1 space per 100 sq. ft. of floor area, plus 1 space per 2 employees.

   6. Commercial.
      

      Use	Requirements
      Grocery stores of 1,500 sq. ft. or less of gross floor area, and retail stores, except those selling bulky merchandise	1 space per 300 sq. ft. of gross floor area
      Supermarkets, grocery stores	1 space per 200 sq. ft. of gross floor area
      Service or repair shops, retail stores and outlets selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building	1 space per 600 sq. ft. of gross floor area
      Bank or office, except medical or dental	1 space per 300 sq. ft. of gross floor area
      Medical and dental office or clinic	1 space per 150 sq. ft. of gross floor area
      Eating or drinking establishments	1 space per 100 sq. ft. of gross floor area
      Mortuaries	1 space per 4 seats or 8 ft. of bench length in chapels

   7. Industrial.
      

      Use	Requirements
      Manufacturing establishment	1 space per employee on the largest working shift
      Storage warehouse, wholesale establishment, rail or trucking freight terminal	1 space per 2,000 sq. ft. of floor area

   8. Airport Uses.
      

      Use	Requirements
      Hangars or tie-downs	1 space per 4 private aircraft occupying a hangar or tie-down space
      Office	1 space per 300 sq. ft. of gross floor area
      Aircraft maintenance	1 space per 1,000 sq. ft. of gross floor area
      Manufacturing, assembly, research	1 space per 500 sq. ft. of gross floor area

   9. Other uses not specifically listed above shall be provided with adequate parking as required by the Planning Director or Hearings Body. The above list shall be used as a guide for determining requirements for said other uses.
5. General Provisions. Off-Street Parking.
   1. More Than One Use on One or More Lot or Parcels. In the event several uses occupy a single structure, lot, or parcel, the total requirement for off-street parking shall be the sum of requirements of the several uses computed separately.
   2. Joint Use of Facilities. The off-street parking requirements of two or more uses, structures, lots, or parcels 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, lots, or parcels that their operations and parking needs do not overlap at any point of time. If the uses, structures, lots, or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract, or other appropriate written document to establish the joint use.
   3. Location of Parking Facilities. Off-street parking spaces for dwelling units shall be located on the same lot or parcel with the dwelling unit. Other required parking spaces shall be located on the same lot or parcel or another lot or parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone. Such parking shall be located in a safe and functional manner as determined during site plan approval. The burden of proving the existence of such off-premise parking arrangements rests upon the applicant.
   4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use.
   5. Parking, Front Setback Area. Required parking and loading spaces for multi-unit dwellings or commercial and industrial uses shall not be located in a required front setback area, except in the Sunriver UUC Business Park (BP) District, Airport Development (AD) Zone, and properties fronting Spring River Road in the Spring River Rural Commercial Zone, but such space may be located within a required side or rear setback area.
   6. On-Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on-street parking space abutting a property up to 30% of the required off-street parking. On-street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on-street parking space:
      1. Parallel parking (0 degree), each 20 feet of uninterrupted curb;
      2. Diagonal parking (60 degree), each with 11 feet of curb;
      3. Perpendicular parking (90 degree), each with 10 feet of curb;
      4. Curb space must be connected to the lot or parcel that contains the use;
      5. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and
      6. On-street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on-street spaces are permitted.
6. Development and Maintenance Standards for Off-Street Parking Areas. Every lot or parcel hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:
   1. Except for parking to serve residential uses, an off-street parking area for more than five vehicles shall be effectively screened by a sight-obscuring fence when abutting residential uses, unless effectively screened or buffered by landscaping or structures.
   2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not project light rays directly upon any abutting property in a residential zone.
   3. Groups of more than two parking spaces shall be located and designed to prevent the need to back vehicles into a street or right of way other than an alley.
   4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately maintained for all weather use and so drained as to contain any flow of water on the site. An exception may be made to the paving requirements by the Planning Director or Hearings Body upon finding that:
      1. A high water table in the area necessitates a permeable surface to reduce surface water runoff problems; or
      2. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties; or
      3. The subject use will be in a Rural Industrial Zone or an Industrial District in an unincorporated community and dust control measures will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties.
   5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering.
   6. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will accommodate and serve the traffic anticipated. Service drives shall be clearly and permanently marked and defined through the use of rails, fences, walls, or other barriers or markers. Service drives to drive in establishments shall be designed to avoid backing movements or other maneuvering within a street other than an alley.
   7. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right of way line, and a straight line joining said lines through points 30 feet from their intersection.
   8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail placed to prevent a motor vehicle from extending over an abutting lot line or a street right of way.
7. Off-Street Parking Lot Design. All off-street parking lots shall be designed subject to County standards for stalls and aisles as set forth in the following drawings and table:
   1. For one row of stalls use "C" + "D" as minimum bay width.
   2. Public alley width may be included as part of dimension "D," but all parking stalls must be on private property, off the public right of way.
   3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle and access areas.
   4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width.
      
      OFF-STREET PARKING LOT DESIGN
      
      

      Parking Angle	Stall Width	20' Stall	Aisle Width-One Way*	Curb Length Per Car	Bay Width
      0°	9'-0" 9'-6" 10'-0"	9.0 9.5 10.0	12.0 12.0 12.0	22.0 22.0 22.0	30.0 31.0 32.0
      45°	9'-0" 9'-6" 10'-0"	19.8 20.1 20.5	13.0 13.0 13.0	12.7 13.4 14.1	52.5 53.3 54.0
      60°	9'-6" 10'-0"	21.2 21.5	18.0 18.0	11.0 11.9	60.4 61.0
      70°	9'-0" 9'-6" 10'-0"	21.0 21.2 21.2	19.0 18.5 18.0	9.6 10.1 10.6	61.0 60.9 60.4
      90°	9'-0" 9'-6" 10'-0"	20.0 20.0 20.0	24.0 24.0 24.0	9.0 9.5 10.0	64.0 64.0 64.0
      *24' Minimum for Two-Way Traffic

New development and any construction, renovation, or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031.

1. Number and Type of Bicycle Parking Spaces Required.
   1. General Minimum Standard.
      1. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces.
      2. Except as specifically set forth herein, all such parking facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least 50 percent of the bicycle parking spaces shall be sheltered.
      3. When the proposed use is located outside of an unincorporated community, a destination resort, and a rural commercial zone, exceptions to the bicycle parking standards may be authorized by the Planning Director or Hearings Body if the applicant demonstrates one or more of the following:
         1. The proposed use is in a location accessed by roads with no bikeways and bicycle use by customers or employees is unlikely.
         2. The proposed use generates less than 50 vehicle trips per day.
         3. No existing buildings on the site will accommodate bicycle parking and no new buildings are proposed.
         4. The size, weight, or dimensions of the goods sold at the site makes transporting them by bicycle impractical or unlikely.
         5. The use of the site requires equipment that makes it unlikely that a bicycle would be used to access the site. Representative examples would include, but not be limited to, paintball parks, golf courses, shooting ranges, etc.
   2. Special Minimum Standards.
      1. Multi-Unit Dwellings. Every residential use of four or more dwelling units shall provide at least one bicycle parking space for each dwelling unit. In those instances in which the multi-unit dwelling development has no garage, required spaces shall be sheltered.
      2. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces.
      3. Schools. Schools, both public and private, shall provide one bicycle parking space for every 25 students, half of which shall be sheltered.
      4. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade schools shall be sheltered facilities.
   3. Trade Off with Motor Vehicle Parking Spaces.
      1. One motor vehicle parking space may be deleted from the required number of spaces in exchange for providing required bicycle parking.
         1. Any deleted motor vehicle space beyond the one allowed above shall be replaced with at least one bicycle spaces.
         2. If such additional parking is to be located in the area of the deleted automobile parking space, it must meet all other bicycle parking standards.
      2. The Hearings Body or Planning Director may authorize additional bicycle parking in exchange for required motor vehicle parking in areas of demonstrated, anticipated, or desired high bicycle use.
   4. Calculating number of bicycle spaces.
      1. Fractional spaces shall be rounded up to the next whole space.
      2. For facilities with multiple uses (such as a commercial center) bicycle-parking requirements shall be calculated by using the total number of motor vehicle spaces required for the entire development.
2. Bicycle Parking Design.
   1. General Description.
      1. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room, bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory parking structure; underneath an awning, eave, or other overhang; or by other facility as determined by the Hearings Body or Planning Director that protects the bicycle from direct exposure to the elements.
      2. Unsheltered parking may be provided by bicycle racks.
   2. Location.
      1. Required bicycle parking that is located outdoors shall be located on-site within 50 feet of main entrances and not farther from the entrance than the closest motor vehicle parking space.
         1. Bicycle parking shall be located in areas of greatest use and convenience to bicyclist.
         2. Such bicycle parking shall have direct access to both the public right of way and to the main entrance of the principal use.
         3. Bicycle parking shall not impede or create a hazard to pedestrians.
         4. Parking areas shall be located so as not to conflict with clear vision areas as prescribed in DCC 18.116.020.
      2. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas by a barrier or sufficient distance to prevent damage to the parked bicycle.
      3. Where bicycle parking facilities are not directly visible and obvious from the public right(s) of way, entry and directional signs shall be provided to direct bicyclists for the public right of way to the bicycle parking facility. Directions to sheltered facilities inside a structure may be signed, or supplied by the employer, as appropriate.
   3. Dimensional Standards.
      1. Each bicycle parking space shall be at least two by six feet with a vertical clearance of seven feet.
      2. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking.
      3. Each required bicycle parking space shall be accessible without moving another bicycle.
   4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as the motor vehicle parking area or with a minimum of one-inch thickness of aggregate material. This surface will be maintained in a smooth, durable, and well-drained condition.
   5. Security.
      1. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object (i.e., a "rack") upon which the bicycle can be locked. Structures that require a user-supplied lock shall accommodate both cables and U-shaped locks and shall permit the frame and both wheels to be secured (removing the front wheel may be necessary). All bicycle racks, lockers, or other facilities shall be permanently anchored to the surface of the ground or to a structure.
      2. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from abutting sidewalks or motor vehicle parking.
   6. Other means that provide the above level of bicycle parking may be approved by the Hearings Body or the Planning Director.

1. Each commercial or public building having a work force of at least 25 people shall have bicycle commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more than one building (such as a college), bicycle commuter facilities may be located in a central location.
2. This provision shall apply to (1) new development requiring off-street parking and (2) any construction, renovation, or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005.

1. Required Motor Vehicle Parking. The following motor vehicle parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(D):
   

   Use	Requirements
   Townhomes and Multi-Unit Dwellings with 8 units or less: Studio or Efficiency	1.00 space per unit
   1 bedroom	1.00 space per unit
   2 bedrooms	1.50 space per unit
   3 bedrooms	2.00 spaces per unit
   4 bedrooms	2.00 spaces per unit
   Mixed Use Structures and Multi-Unit Dwellings with more than 8 units: Studio or Efficiency	1.00 space per unit
   1 bedroom	1.00 space per unit
   2 bedrooms	1.00 space per unit
   3 bedrooms	1.50 spaces per unit
   4 bedrooms	2.00 spaces per unit
   Hotel	1.0 space per unit + 1 space per 2 full-time employees
   Lock Off Areas	.5 parking space, in addition to base parking for unit
   Live/Work Units	.5 parking space for work area, in addition to base parking for dwelling unit

2. Requirements for Other Uses. The number of spaces required for Town Center (TC) District of Sunriver UUC uses not listed above shall be determined by using the charts provided by DCC 18.116.030 (D).
3. Uses not specifically listed in the tables of subsection (A), above or DCC 18.116.030(D) shall be provided with adequate parking as required by the Planning Director or Hearings Body.
4. Transportation Demand Management.
   1. In the Town Center (TC) District of Sunriver UUC, motor vehicle parking requirements may be reduced based on implementation of a Transportation Demand Management (TDM) plan.
      1. The TDM is subject to the approval of the Planning Director or Hearings Body in accordance with the following criteria:
         1. The proposed TDM plan will reduce the need for motor vehicle parking;
         2. The reduction is to a level of parking that is lower than the amount of parking required by DCC 18.116.030; and
         3. The applicant has demonstrated to the County that the TDM measures will remain in place.
   2. A TDM plan may include, but is not limited to, the following elements:
      1. Bicycle Parking: Motor vehicle parking requirements may be reduced in exchange for bicycle parking, as described in 18.16.031.
      2. Shuttle Service: Motor vehicle parking requirements may be reduced by up to ten percent where frequent shuttle or transit service connects on-site residential/employment uses to transportation hubs (including airports) as well as nearby commercial centers and recreational areas.
      3. Satellite Parking: Parking may be provided at a distance greater than 500 feet when in conjunction with a coordinated shuttle service.
5. General Provisions. Off-Street Parking. The following parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(E):
   1. More Than One Use on One or More Lot or Parcel. In the event several uses occupy a single structure, lot, or parcel, the total requirement for off-street parking shall be the sum of requirements of the several uses computed separately.
   2. Joint Use of Facilities.
      1. The off-street parking requirements of two or more uses, structures, lots, or parcels 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, lots, or parcels that their operations and parking needs do not conflict at any point of time.
      2. Further, the total parking required for two or more land uses may be reduced to reflect pedestrian and internal trips between/among multiple uses in the Sunriver commercial core area.
      3. If the uses, structures, lots, or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract, or other appropriate written document to establish the joint use.
   3. Location of Parking Facilities.
      1. Off-street parking spaces for dwelling units shall be located on the same lot or parcel with the dwelling unit.
      2. Other required parking spaces shall be located on the same lot or parcel or another lot or parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone, except when provided in conjunction with connecting shuttle service, as identified in DCC 18.116.036(D)(2).
      3. Such parking shall be located in a safe and functional manner as determined during site plan approval.
      4. The burden of proving the existence of such off-premise parking arrangements rests upon the applicant.
   4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use.
   5. For Multi-Unit Dwellings allowed by DCC 18.108.055(A)(6), minimum parking requirements may be satisfied through tandem parking, whereby two vehicles are accommodated end-to-end, provided the tandem parking spaces are used to meet the parking requirements for a single-unit dwelling only.
6. Bicycle Parking.
   1. The provisions of DCC 18.116.031(B)(6) may be used to modify the bicycle parking requirements of DCC 18.116.031 and 18.116.035.
   2. Subsection (E)(2), above, regarding the joint use of parking facilities shall be applied to determine bicycle parking requirements for the Town Center District of the Sunriver UUC.

An accessory use shall comply with all requirements for a primary use, except as DCC Title 18 specifically allows to the contrary, and shall comply with the following limitations:

1. The primary use of the lot or parcel must be established or applied for prior to issuance of any building or land use permits for any accessory structures.
   1. Exception:
      1. A building permit for a ramada or carport may be issued without establishment of or application for a primary use if all other criteria for issuance are met;
      2. Land use, building, or onsite septic permits, or extensions of such permits sought to correct existing code violations for the subject property shall be issued if all other criteria for issuance are met; or
      3. A building permit for a structure or structures not exceeding a combined total of 2,000 square feet in size, with no windows, with only one floor, an operable garage door, no plumbing or stack vents through the roof or walls, and not requiring plumbing or mechanical permits, shall be issued if all other criteria for issuance are met.
2. A property owner is prohibited from installing any one of the following facilities described in (B)(1-3) within an accessory structure, unless the property owner signs and records a Deschutes County restrictive covenant prohibiting use of the structure as a dwelling unit. If a property owner signs and records a Deschutes County restrictive covenant prohibiting use of the structure as a dwelling unit, one of the following facilities may be installed within an accessory structure in accordance with this subsection (B):
   1. A full bath; or 
   2. A sink outside a bath and one or more of the following:
      1. A dishwashing machine; a refrigerator; or
   3. A sink outside a bath and:
      1. Laundry appliances
3. Notwithstanding (B), more than one of the facilities identified in (B)(1-3) may be installed within any accessory structure, if an approved land use permit includes a finding that the proposed use is allowed on the subject lot or parcel.
4. A kitchen may not be installed within any accessory structure, unless an approved land use permit includes a finding that the proposed use is allowed on the subject lot or parcel
5. A side setback or rear setback may be reduced to five feet for an accessory structure erected more than 65 feet from a front lot line, provided the structure is detached from other buildings by five feet or more, and does not exceed a height of one story nor an area of 450 square feet.
6. Boats and trailers, travel trailers, trailers, pickup campers or coaches, motorized dwellings, and similar recreational equipment may be stored on a lot or parcel, but not used as an accessory use in any zone provided that:
   1. In a residential zone, parking or storage in a front setback area or in a setback area abutting a street other than an alley shall be permitted only on a driveway.
   2. Parking or storage shall be at least three feet from a side lot line.
7. A manufactured dwelling may be stored on an individual lot or parcel if an approved land use permit includes a finding that the proposed storage use is allowed on the subject lot or parcel. Stored manufactured dwellings shall be subject to the following:
   1. Storage period shall not exceed one year.
   2. No utilities other than electric may be connected.
   3. The manufactured dwelling shall not be inhabited.

1. A property owner is prohibited from installing the following facilities in a dwelling unit unless the property owner signs and records a Deschutes County restrictive covenant prohibiting use of the dwelling unit as multiple dwelling units:
   1. A sink outside a kitchen or bath, and one or more of the following:
      1. A dishwashing machine; a refrigerator.
2. More than one kitchen may be installed within a dwelling unit, if an approved land use permit includes a finding that the proposed use is allowed on the subject lot or parcel.

Manufactured Dwelling Classes. For purposes of these regulations, manufactured dwellings are divided into the following types::

1. A Class A manufactured dwelling shall:
   1. Have more than 1,000 square feet of floor area in a double section or larger multi-section unit;
   2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required;
   3. Have wheels, axles, and hitch mechanisms removed;
   4. Have utilities connected subject to the requirements of the Building Codes Division and manufacturer's specifications;
   5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976;
   6. Have roofing materials of a type customarily used on site constructed dwelling units, including asphalt or fiberglass shingles, or corrugated matte finish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and
   7. Have siding materials of a type customarily used on site-constructed dwelling units such as clapboard, horizontal vinyl, or aluminum lap-siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels.
2. A Class B manufactured dwelling shall:
   1. Have at least 750 square feet of occupied space in a single, double, expand or multi-section unit;
   2. Be placed on a foundation, as specified by the manufacturer. Skirting shall be required;
   3. Have wheels, axles, and hitch mechanisms removed;
   4. Have utilities connected subject to the requirements of the Building Codes Division and manufacturer's specifications;
   5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976;
   6. Have roofing materials of a type customarily used on site constructed dwelling units, including asphalt or fiberglass shingles, or corrugated matte finish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and
   7. Have siding materials of a type customarily used on site constructed dwelling units such as clapboard, horizontal vinyl or aluminum lap siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels.
3. A Class C manufactured dwelling shall:
   1. Have at least 576 square feet of occupied space, excluding tipouts and hitches;
   2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required;
   3. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976, or bear the Oregon Department of Commerce "Insignia of Compliance"; and
   4. Have utilities connected subject to the requirements of the Building Codes Division and manufacturer's specifications.
4. A Class D manufactured dwelling shall:
   1. Have more than 320 square feet of occupied space;
   2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; and
   3. Have utilities connected subject to requirements of the Building Codes Division and manufacturer's specifications.

1. As defined in DCC 18.116.050, Class A and B manufactured dwellings shall be permitted as follows, subject to the requirements of the underlying zone:
   1. In the following zones: Any EFU zone, MUA-10, F-1, F-2, RR-10, any area zoned as an unincorporated community (as that term is defined herein), RSR-M, RSR-5, and FP as the primary dwelling, and R-I and SM as a caretaker's dwelling unit.
   2. In manufactured dwelling parks and subdivisions.
   3. As permitted in DCC 18.116.080 and 18.116.090.
   4. Class A and B manufactured dwellings are not permitted in any historic district or on any historic site.
2. Class C manufactured dwellings shall be permitted as follows:
   1. Except as otherwise allowed in DCC 18.116.070, on lots or parcels 10 acres in size or larger.
   2. As a secondary accessory farm dwelling.
   3. In manufactured dwelling parks and manufactured dwelling subdivisions.
   4. As permitted in DCC 18.116.080 and 18.116.090.
   5. As a replacement to an existing non-conforming manufactured dwelling destroyed by fire or other natural act, or as an upgrade to an existing manufactured dwelling.
   6. In the following subdivisions: Rockview II, Tetherow Crossing, Chaparral Estates, Crystal Acres, Hidden Valley Mobile Estates, Johnson Acres, Seven Peaks, Sun Mountain Ranches, Deschutes River Homesites Rimrock Addition, Happy Acres, Rancho El Sereno, Whispering Pines, Bend Cascade View Estates, Raintree, Holmes Acres, La Pine Meadows North, Pine Crest Ranchettes, Dora's Acres, Pierce Tracts, Roan Park, South Forty, Tomes, Crooked River Ranch, Dale Acres, Replat/Hillman, Lake Park Estates, Mary K. Falls Estates.
   7. Class C manufactured dwellings are not permitted in any historic district or on any historic site.
3. An exception may be granted by the Planning Director or Hearings Body to allow a Class C manufactured dwelling to be placed in a subdivision which is not listed in DCC 18.116.070(B)(6), where all of the following conditions exist:
   1. The manufactured dwelling is specifically designed or has been substantially modified for wheelchair or disabled access (disabled accessible manufactured dwelling).
   2. There are Class C manufactured dwellings in the subdivision located within one-quarter mile of the lot or parcel upon which the manufactured dwelling will be placed.
   3. The disabled accessible manufactured dwelling and lot or parcel upon which the manufactured dwelling is to be placed were purchased by the applicant prior to February 22, 1989.
4. Class D manufactured dwellings shall be permitted as follows:
   1. In manufactured dwelling parks and subdivisions.
   2. As permitted in DCC 18.116.080 and 18.116.090.
   3. Class D manufactured dwellings are not permitted in any historic district or on any historic site.

A manufactured dwelling of any class or a recreational vehicle may be authorized as a temporary dwelling unit on an individual lot or parcel and shall comply with the following additional provisions:

1. The manufactured dwelling or recreational vehicle shall be placed upon a lot or parcel for which a building permit for a dwelling unit has been obtained.
2. The manufactured dwelling or recreational vehicle shall be occupied only during a period in which satisfactory progress is being made toward the completion of the dwelling unit on the same lot or parcel.
3. Electric, water, and sewer utility connections shall be made to the manufactured dwelling or recreational vehicle.
4. The manufactured dwelling shall be removed from the lot or parcel not later than 18 months following the date on which the building permit for the dwelling unit is issued or not later than two months following the date of final building inspection of the dwelling unit, whichever occurs first. The habitation of the recreational vehicle must cease, and its connection to all utilities other than electric must be discontinued not later than 18 months following the date on which the building permit for the dwelling unit is issued or not later than two months following the completion of the dwelling unit, whichever occurs first.
5. All evidence that the manufactured dwelling has been on the lot or parcel shall be removed within the 30 days following the removal of the manufactured dwelling.
6. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required of a manufactured dwelling or single-unit dwelling on the subject lot or parcel.
7. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions.
8. As identified in this section, a single recreational vehicle located within a special flood hazard area is subject to the standards and criteria established by DCC 18.96.

1. As used in this section, "hardship" means a medical hardship or hardship for the care of an aged or infirmed person or persons experienced by the existing resident or relative.
2. As used in this section, "relative" means a grandparent, step-grandparent, grandchild, step-grandchild, parent, step-parent, child, step-child, brother, sister, sibling, step-sibling, either blood or legal relationship, niece, nephew, uncle, aunt, or first cousin.
3. A temporary use permit for the term of the hardship for one of the following hardship dwelling types may be granted on a lot or parcel in conjunction with an existing primary dwelling unit:
   
   1. One manufactured dwelling of any class;
      
   2. One recreational vehicle subject to the criteria under subsection (F); or
      
   3. The temporary residential use of any existing building subject to the following:
      
      1. An existing dwelling building is one that was constructed at least two years prior to the date of application for the subject temporary residential use permit. For the purposes of this section, "constructed" means the Building Division approved the final inspection at least two years prior to the date of application for the subject temporary use permit. Any modifications to the existing building for the hardship dwelling must be contained within the existing building-floor area.
      2. This type of hardship dwelling is not permitted on properties within the Multiple Use Agricultural (MUA-10) or Rural Residential (RR-10) zones.
         
4. The hardship dwelling must use the same onsite septic disposal system used by the existing primary dwelling unit, provided that the existing onsite septic system is adequate to accommodate the hardship dwelling. If the hardship dwelling will be connected to a community sewer system this requirement does not apply.
5. Prior to initiating the use, the property owner must obtain all necessary permits from the Deschutes County Building and Onsite Wastewater Divisions.
6. A recreation vehicle hardship dwelling must comply with all of the following requirements:
   1. The recreational vehicle must have a sink and toilet;
   2. The recreational vehicle must comply with all setbacks of the underlying zone(s);
   3. The recreational vehicle must be fully licensed;
   4. The recreational vehicle must be ready for highway use, on its wheels or jacking system, and must be attached to the site only by quick disconnect type utilities and security devices;
   5. A recreational vehicle hardship dwelling located in a special flood hazard area must comply with DCC 18.96; and
   6. Permanent attached additions are prohibited.
      
7. One temporary use permit for a hardship dwelling is permitted provided there is no guest house, recreational vehicle as a rental dwelling, or accessory dwelling unit on the subject lot or parcel. A recreational vehicle permitted under DCC 18.116.095(C) is allowed in addition to a hardship dwelling.
   
8. The hardship shall be verified by a state-licensed medical practitioner's written statement.
9. The temporary use permit shall be reviewed every two years to ensure ongoing compliance with the terms of DCC 18.116.090.
10. Within three months of the end of the hardship, one of the following must occur:
    1. The manufactured dwelling shall be removed, demolished, or converted to an allowed use in the underlying zones(s);
    2. The recreational vehicle shall be vacated, and disconnected from any electric, water or septic/sewer facility connection; or
    3. For an existing building used as a hardship dwelling, the building must be converted to a permitted use in the underlying zone(s).

1. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel in a manufactured dwelling park, manufactured dwelling subdivision, mobile home park, or recreational vehicle park, consistent with ORS 197.493(1), provided that:
   1. The recreational vehicle is occupied as a dwelling; and
   2. The recreational vehicle is lawfully connected to water and electrical supply systems and a sewage disposal system.
2. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling unit and not within a manufactured dwelling park, mobile home park, or recreational vehicle park and used as a temporary dwelling:
   1. For a period totaling not more than 30 days in any consecutive 60-day period without obtaining a land use permit from the Deschutes County Planning Division; or
   2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel.
3. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel containing a manufactured dwelling or single-unit dwelling, where such dwelling is uninhabitable due to damages from natural disasters, including wildfires, earthquakes, flooding, or storms until no later than the date:
   1. The single-unit dwelling or manufactured dwelling has been repaired or replaced and an occupancy permit has been issued;
   2. The local government makes a determination that the owner of the single-unit dwelling or manufactured dwelling is unreasonably delaying in completing repairs or replacing the dwelling; or
   3. Twenty-four months after the date the single-unit dwelling or manufactured dwelling first became uninhabitable.
      
4. In the RR-10 and MUA-10 Zones, a single recreational vehicle, as defined in DCC Title 18, may be established as a rental dwelling provided the following requirements are met:
   1. Prior to locating any recreational vehicle as a rental dwelling on a lot or parcel, the property owner must obtain County siting approval for the area of the lot or parcel upon which the recreational vehicle will be located and demonstrate compliance with the following standards:
      1. The subject lot or parcel contains a single-unit dwelling or manufactured dwelling that is occupied as the primary residence of the property owner;
         1. As used in this section, “siting approval” includes County approval and/or property owner application for review of the proposed area for a recreational vehicle as a rental dwelling; and
         2. As used in this section, “primary residence” means a dwelling unit occupied by the property owner on a long-term or permanent basis.
      2. The lot area is at least two acres, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S, 20S, 21S, and 22S and Ranges 9E, 10E and 11E. Within these exception areas, the lot area is at least five acres;
      3. There are no other dwelling units, guest houses, or occupied recreational vehicles on the lot or parcel and no portion of the single-unit dwelling or manufactured dwelling is rented for residential tenancy. This prohibition does not apply to a recreational vehicle under 18.116.095(C).
      4. The lot or parcel is not within an area designated as an urban reserve in the Deschutes County Comprehensive Plan;
      5. The recreational vehicle shall maintain a setback of at least 10 feet from any structure and must be located no farther than 100 feet from the single-unit dwelling. This distance shall be measured from the closest wall of the single-unit dwelling existing on May 7, 2025 to the closest wall of the recreational vehicle;
      6. The property owner will provide essential services to the recreational vehicle space including:
         1. Sewage disposal, listed frost protected water supply, electrical supply and, if required by applicable law, any drainage system, all installed with permits and to applicable codes; and
         2. Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the rented space unfit for occupancy;
      7. At the time of application, the property owner must demonstrate an application has been made to the Onsite Wastewater Division for any necessary onsite wastewater disposal permits.
      8. At the time of application, a letter confirming that the supplier of water is “Willing and Able to Serve” the recreational vehicle shall be provided if the recreational vehicle is to be served by any water source other than an onsite domestic well.
      9. At the time of application, the property owner must demonstrate an application has been made to the Deschutes County Address Coordinator for an address for the recreational vehicle.
      10. The property owner shall provide a parking pad for the recreational vehicle with a surface material of compacted gravel with a minimum thickness of 4”, concrete with a minimum thickness of 3.5”, or asphalt with a minimum thickness of 3”;
      11. If the recreational vehicle will be located within a structure, the structure shall be entirely open on two or more sides;
      12. The property owner shall demonstrate compliance with one of the following defensible space requirements:
          1. The property owner shall maintain a 20-foot radius of non-combustible ground cover consisting of gravel, concrete, asphalt, grass mowed to less than four inches, or a combination of these; or
          2. Prior to the siting of a recreational vehicle on the property, the property owner shall construct and maintain defensible space and fuel breaks as developed in consultation with local fire protection service providers who have received training or certification described in ORS 181A.410. Applicable defensible space and fuel breaks shall be on land surrounding the recreational vehicle on land that is owned or controlled by the owner.
      13. The property owner shall demonstrate compliance with one of the following emergency access requirements:
          1. Access to the recreational vehicle must be provided by a continuous, minimum 12-foot width onsite driveway with an unobstructed horizontal clearance of not less than 20 feet and an unobstructed vertical clearance of not less than 13.5 feet, designed and maintained as follows:
             1. Composed of an all-weather surface including asphalt or concrete; or
             2. Designed and maintained to support a minimum gross vehicle weight (GVW) of 75,000 lbs as certified by a Professional Engineer, registered in Oregon;
          2. The property owner shall provide written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the recreational vehicle meets minimum fire district requirements to provide emergency services to the property.
      14. Prior to siting any recreational vehicle as a rental dwelling, the property owner shall sign and record with the County Clerk a restrictive covenant stating a recreational vehicle allowed under DCC 18.118.095(D) cannot be used for vacation occupancy, as defined in DCC 18.116.095(D)(1)(n)(i) and consistent with ORS 90.100, or other short-term uses.
          1. “Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:
             1. The occupant rents the unit for vacation purposes only, not as a principal residence; and
             2. The occupant has a principal residence other than at the unit; and
             3. The period of authorized occupancy does not exceed 45 days.
      15. For properties located in the Wildlife Area Combining Zone, a recreational vehicle approved under this section is subject to the dwelling siting standards of DCC 18.88.060(B); and
      16. For properties located in the Surface Mining Impact Area Combining Zone, a recreational vehicle approved under this section is subject to site plan approval pursuant to DCC 18.56.
   2. Each recreational vehicle used as a rental dwelling must comply with the following standards:
      1. The recreational vehicle is subject to a written residential rental agreement as defined in ORS 90.100(39);
      2. The recreational vehicle shall be owned or leased by the tenant;
      3. The recreational vehicle shall include an operable toilet and sink;
      4. The recreational vehicle has not been rendered structurally immobile; and
      5. The recreational vehicle shall be titled with a Department of Transportation.
5. All necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services.
6. A permit shall be obtained from the Deschutes County Environmental Health Division before disposing any wastewater or sewage on-site.
7. A recreational vehicle used as a dwelling or temporary dwelling unit shall meet the same setbacks required of a permanent dwelling on the subject lot or parcel.
8. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions.
9. As identified in this section, a single recreational vehicle located within a special flood hazard area is subject to the standards and criteria established by DCC 18.96.
   

Cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project more than three feet into a required front, rear, or side setback area, provided that the projection is not closer than three feet to a property line.

1. Fences which form a solid barrier or are sight obstructive shall not exceed three and one-half feet in height when located in a required front setback area or in a clear vision area.
2. Fences in Wildlife Area Combining Zones shall be designed in conformance with the requirements of DCC 18.88.
3. All fences shall comply with the requirements of DCC Title 15.

1. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity, on the following rivers and streams within Deschutes County:
   1. Deschutes River, from its headwaters to River Mile 227, above, but not including Wickiup Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls;
   2. Crooked River;
   3. Fall River;
   4. Little Deschutes River;
   5. Spring River;
   6. Paulina Creek;
   7. Whychus Creek; and
   8. Tumalo Creek.
2. Hydroelectric facilities are allowed as a conditional use on the Deschutes River at Wickiup Dam, and from River Mile 171 below Lava Island Falls downstream to the northern Deschutes County line. Such conditional use shall be governed by the conditions set forth in DCC 18.128.260.

Electrical substations, whether as an outright or conditional use, shall submit a site plan complying with the provisions of DCC Title 18 to the Planning Department.

Developments which occur in areas which may disturb species (plant or animal) listed by the U.S. Environmental Protection Agency or the Department of Fish and Wildlife as endangered shall prepare an acceptable protection plan for use during and after construction (e.g., a nest protection plan for developments in the vicinity of Bald Eagle nesting sites).

1. General/Discretionary Standards:
   1. All structures, including decks, within 50 feet from the edge of a rimrock, as defined in DCC 18.04.030, shall be subject to site review if visible from the river or stream. Prior to approval of any structure within 50 feet of a rimrock, the Planning Director or Hearings Body shall make the following findings: All structures, including decks, shall be set back a minimum of 20 feet from the edge of the rimrock.
   2. The height of the structure shall not exceed the setback from the edge of the rimrock.
   3. Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained.
   4. Where multiple structures are proposed on a lot or parcel, the structures shall be grouped or clustered so as to maintain a general appearance of open landscape for the affected area. This shall require a maintenance of at least 65 percent open space along all rimrocks.
2. Clear and Objective Standards Pursuant To DCC 22.08.040:
   1. All structures, including decks, shall have a minimum setback of 50 feet from the edge of a rimrock.
   2. Existing trees and shrubs that are located between the rimrock and the proposed structure shall be retained.
   3. At least 65 percent of the lot area within 100 feet of the upper most ledge of rimrock shall be maintained as open space. The required open space must either be entirely planted with landscaping or the natural landscape must be preserved. Plantings shall conform with the defensible space standards of DCC Chapter 8.21. Where multiple structures are proposed on a lot or parcel, the structures shall be wholly located within a 200-foot diameter circle.

No building, structure, or nonexempt vegetation may exceed the solar height restriction established on a burdened property by the solar access of a benefited property.

1. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as practical during the winter solar heating hours to existing or potential buildings by requiring all new structures, excepting lots or parcels less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 “lot width,” and located in the Neighborhood Planning Area of the Urban Unincorporated Community – La Pine, to be constructed as far south on their lots or parcels as is necessary and feasible.
2. Standards. Every new structure or addition to an existing structure, excepting lots or parcels less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 “lot width,” and located in the Neighborhood Planning Area of the Urban Unincorporated Community – La Pine, shall meet the following standards for a solar setback from the north lot line, except as provided in DCC 18.116.180(B)(3):
   1. South Wall Protection Standard. The south wall protection standard is based on an eight-foot solar fence on the subject property's north lot line which allows solar radiation on a neighboring building's south wall above two feet from the ground, assuming a 20-foot setback from the common property line to the neighboring building. Solar setbacks for the south wall protection standards can be calculated with the diagram in Appendix A-1 or estimated with the table in Appendix A-2. Final determination of solar setback distance is made by entering the following variables into the Deschutes County Shadow Length computer program:
      1. Pole height;
      2. The eight-foot fence height;
      3. The scale of the plot plan submitted in feet per inch; and
      4. Degrees of slope of the land from east to west and from north to south.
      5. If a setback meeting this requirement is not feasible due to physical constraints of the lot or parcel, 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 or parcel as feasible and must meet the standard set forth in DCC 18.116.180(B)(2).
   2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot solar fence on the subject property's north lot line which allows for solar radiation on a neighboring building above eight feet from ground level and assuming a 20 foot setback from the common boundary line to the neighboring building. Solar setbacks for this standard can be calculated using the diagram in Appendix B-1 or estimated using the table in Appendix B-2. Final determination of the setback will be made using the Shadow Length computer program by specifying a 14-foot solar fence and additional site specific information as listed in DCC 18.116.180(B)(1).
   3. Exceptions. The south roof protection standard shall not apply only if the applicant establishes:
      1. That the structure cannot be located on the lot or parcel 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
         1. That the structure is a single-unit-dwelling with a highest point less than or equal to 16 feet high; or, if not a single-unit-dwelling;
         2. That it is a permitted or conditional use for the lot or parcel.
   4. Exemptions.
      1. The governing body may exempt from the provision of DCC 18.116.180 any area where it is determined that solar uses are not feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zones in which taller buildings are planned.
      2. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure will shade only a protected area in which solar uses are not feasible because the protected area is already substantially shaded at the time a request for exemption is made and approved by the Planning Director or Hearings Body.
      3. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure is in conformance with a solar height restriction as provided in DCC Title 17, the Subdivision/Partition Ordinance, as amended.
   5. Variances.
      1. The Planning Director or Hearings Body may authorize a variance from the requirements of DCC 18.116.180.
      2. A variance may be granted subject to prescribed conditions, provided that the Planning Director or Hearings Body shall make all of the following findings:
         1. The variance does not preclude the reasonable use of solar energy or insolation by future buildings on the lot(s) and/or parcels to be shaded;
         2. The variance does not diminish any solar access which benefits a habitable structure on abutting lot(s) and/or parcel(s);
      3. Shaded Lot(s) or Parcel(s).
         1. Notwithstanding DCC 18.116.180(B)(5)(b)(1) and (2), if property is to be shaded that is other than the property for which the variance is sought, in order for the County to approve the variance, the applicant must provide written consent to the shading from the owner or owners of all lot(s) or parcel(s) to be shaded.
         2. The written consent shall be recorded in the Deschutes County Official Records.
         3. The written consent shall be on a form provided by the County and shall contain the following information:
            1. The notarized signatures of all owners and registered leaseholders who hold an interest in the lot(s) and/or parcel(s) being shaded;
            2. A statement that the solar access provided in DCC 18.116.180 is waived for that particular structure and the County is held harmless for any damages resulting from the waiver;
            3. A statement that the waiver applies only to the specific structure or structures to which the waiver is granted;
            4. A description and drawing of the shading which would occur; and
            5. A statement binding all successors in interest.

1. Purpose. The purpose of DCC 18.116.190 is to provide solar access to productive solar collectors by establishing limitations, on a case by case basis, for the growth of vegetation on certain lots or parcels in the vicinity of a productive solar collector.
2. Application for Solar Access Permit.
   1. Any owner may submit an application for a solar access permit to provide solar access for a productive solar collector located on the owner's real property.
   2. The application for a solar access permit shall be on forms prescribed by the County and shall contain, at a minimum:
      1. A legal description of the applicant's lot or parcel, including a statement that the applicant is the owner of the lot or parcel, and a description of the nature of the applicant's interest in the lot or parcel;
      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 sun chart and a statement of the solar heating hours for which solar access is sought;
      5. A statement that there is no reasonable alternative location for the solar collector that would result in a lesser burden on a neighboring lot or parcel;
      6. A statement that trimming the vegetation on the applicant's lot or parcel will not permit an alternative location that would lessen the burden on a neighboring lot or parcel;
      7. A list of the lots and/or parcels 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 and/or parcel; the owner of record and the address; the exempt vegetation located on the lot or parcel; and any existing nonexempt vegetation likely to encroach on the protected area;
      8. A statement that none of the lots or parcels impacted is located on a north-facing slope with a grade that exceeds, on average, 15 percent; and
      9. A plot plan showing the location of and delineating all exempt and nonexempt vegetation as shown on the sunchart photograph as well as any nonexempt vegetation not shown on the sunchart which may encroach on the protected area in the future. The plot plan shall also include:
         1. The exact site of the solar collector, its height, and its orientation.
         2. Scale.
         3. An indication of true north.
         4. A survey of the lot or parcel.
   3. 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 DCC 18.116.190(B)(3)(b) if the applicant could trim his own vegetation to permit an alternative location that would be less burdensome upon a burdened neighboring lot or parcel. A solar access permit shall also be denied under DCC 18.116.190(B)(3)(b) if there is an alternate location that would impose a lesser burden on a neighboring lot, lots, parcel, or parcels;
      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 or parcel 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 complete.
3. Solar Access Permit Issuance and Recordation.
   1. Upon the approval of an application, the County shall issue and acknowledge a solar access permit creating the solar access requested in the application.
   2. Upon receiving such a permit, the County Clerk shall:
      1. Record the solar access permit in the chain of title of the applicant's lot or parcel and of each neighboring lot or parcel identified in the application; and
      2. Keep a copy of the approved application on file in County records.
   3. The form of the solar access permit shall be as prescribed by the County and shall contain, at a minimum:
      1. A legal description of the applicant's lot or parcel and each neighboring lot and/or parcel 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 neighboring lot and/or parcel, including the solar heating hours during which solar access is provided, and a sun chart showing the plotted skyline, including vegetation and structures, and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south; and
      3. A reference to where the approved application may be obtained.
4. Obligation Created by Solar Access Permit. The owner of any lot or parcel burdened by a solar access permit shall trim any vegetation not exempted on the burdened lot or parcel that shades the protected area created by the solar access permit, provided that there is no vegetation on the lot or parcel benefited by the solar access permit that also shades the protected area. The cost of such trimming shall be borne by the owner of the benefited lot or parcel if the vegetation existed at the time of permit application as shown on the plot plan; and for all other vegetation, by the owner of the burdened lot or parcel. Before any trimming is required, the collector owner must certify that the collector is still productive.
5. Termination of Solar Access Permit.
   1. The Planning Director or Hearings Body shall terminate the solar access permit with respect to all or part of the neighboring lots and/or parcels burdened by the solar access permit if a petition for termination is submitted by the applicant or the applicant's successor in interest or the collector is not productive for 12 consecutive months.
   2. The County Clerk shall record the termination of the solar access permit in the chain of title of each lot and/or parcel affected by the termination.

1. In any application for a residential home or residential facility, the applicant shall not be required to supply any information concerning the existence of or the nature or severity of any handicap (as that term is defined under the Fair Housing Act) of prospective residents.

1. A family child care provider’s home shall be considered a residential use of property, permitted in all areas zoned for residential and commercial purposes, including areas zoned for single-unit dwellings.
2. The family child care provider’s home is subject to the same restrictions imposed on any residential dwelling in the same residential or commercial zone.

1. As a condition of approval of all land use actions involving property abutting the Deschutes River, Crooked River, Fall River, Little Deschutes River, Spring River, Paulina Creek, Whychus Creek, and Tumalo Creek, the property owner shall convey to the County a conservation easement, as defined in DCC 18.04.030, "Conservation Easement," affecting all property on the subject lot or parcel which is within 10 feet of the ordinary high water mark of the river or stream.
2. The form of the conservation easement shall be as prescribed by the County and may contain such conditions as the County deems necessary to carry out the purposes described in DCC 18.04.030, "Conservation Easement."
3. Any public access required as part of a conservation easement shall be subject to the following conditions:
   1. Public access shall be limited to foot traffic for recreational purposes and the putting in or taking out of boats.
   2. Unless otherwise permitted by the affected property owner, public access does not allow public passage through other private property to gain access to the property subject to the conservation easement.
   3. Unless otherwise permitted by state law, County ordinance or the property owner, no person on the subject property as a result of a public access requirement of a conservation easement shall deposit solid waste, damage or remove any property, (including wildlife and vegetation) maintain or ignite fires or fireworks, discharge firearms, or camp.

Class I and II road or street projects shall be reviewed against the applicable Comprehensive Plan Transportation Plan element, shall be consistent with applicable road standards and shall meet the following criteria:

1. Compatibility with existing land use and social patterns, including noise generation, safety hazards (e.g. children in a residential area), and zoning.
2. Environmental impacts, including hazards imposed to and by wildlife (e.g. migration or water use patterns).
3. Retention of scenic quality, including tree preservation.
4. Means to improve the safety and function of the facility, including surrounding zoning, access control and terrain modifications.
5. In the case of roadways where modification results in a change of traffic types or density, impacts on route safety, route land use patterns, and route nonmotorized/pedestrian traffic.
6. Consideration of the potential developmental impact created by the facility.
7. Cost effectiveness.

Historic sites listed and described on the County's Goal 5 inventory, contained in the Resource Element of the comprehensive plan, shall be protected or not protected in accordance with programs set forth in the ESEE determinations for each individual site, adopted as part of the Resource Element of the comprehensive plan and any comprehensive plan policies specifically applicable to the site, and as specified in DCC Chapter 2.28, Historic Preservation and Historic Landmarks Commission. The uses allowed and dimensional standards prescribed by the underlying zoning designations for designated historic sites are not otherwise affected by the historic designation.

1. Tier 1 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize natural wood colors or muted tones from amongst colors approved by Ordinance 97-017, that utilize a radio equipment cabinet or shelter that is less than 200 square feet in area and less than 10 feet in height, and that meet the following standards are allowed outright in any zone other than the Exclusive Farm Use, the Surface Mining Zone, and the Forest Zones and shall not be subject to any other provision of the zone:
   1. Facilities established by co-locating an additional set of antennas on an existing wireless telecommunications tower or monopole that do not exceed the County approved height of the tower or monopole. Notwithstanding any provision of DCC 18.116.250(A), facilities established under DCC 18.116.250(A)(1) are permitted outright in any zoning district.
   2. Facilities that make use of existing vertical, lawfully established structures, including but not limited to power or telephone utility poles or towers, parking lot or street lighting standards or flagpoles. A pole location in a public right of way shall not be fenced. Antennas established on an existing vertical structure shall be installed so that they do not exceed the height of the existing vertical structure by more than 15 feet. New structures in this category are limited to equipment shelters that do not require a building permit. Walk-in equipment shelters shall be set back out of any road right of way at least 20 feet back from the pole location. Any necessary road right of way permits shall be obtained from the Deschutes County Road Department. Equipment cabinets shall be subject only to the road right of way setback requirements.
   3. Facilities that are established by attaching or placing an antenna or set of antennas on an existing, lawfully established building not designated as an historic structure, where the antenna array does not exceed the height of the building by more than 15 feet. All equipment shall be stored inside a building.
   4. Facilities that include installation of a new wood monopole that does not exceed the height limit of the underlying zone, and does not exceed 45 feet in height. All equipment shall be stored in a building that has a floor area that does not exceed 200 square feet in area and does not exceed 10 feet in height. The monopole, and any building, shall be set back from abutting lot lines according to the setbacks of the underlying zone. Any microwave dishes installed on the monopole shall not exceed a diameter of four feet. No more than two dishes shall be installed on a monopole or tower. The perimeter of a lease area for a facility established under DCC 18.116.250(A)(4) shall be landscaped with shrubs eight feet in height and planted a maximum of 24 inches on center.
2. Tier 2 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize a wood monopole for supporting antennas and/or microwave dishes and that meet the criteria in DCC 18.116.250 are allowed outright, subject to site plan review under DCC 18.116.250(B) (and not DCC 18.124.060) in the following zones: La Pine Commercial District (LPCD), La Pine Industrial District (LPID), Rural Industrial (RI), Rural Service Center (RSC), Rural Service Center-Wickiup Junction (RSC-WJ), Terrebonne Commercial District (TeC), and Tumalo Commercial District (TuC). Lattice towers or metal monopoles are not permitted with a Tier 2 facility.
   1. An application for site plan review for a Tier 2 wireless telecommunications facility shall meet the following criteria:
      1. Maximum Monopole Height. In the LPCD, LPID, RSC, RSC-WJ, TeC, and TuC zones, the maximum height of a monopole, including antennas and microwave dishes for a wireless telecommunications facility shall be 60 feet from finished grade. In the RI Zone, the maximum height of a monopole, including antennas and microwave dishes, for a wireless telecommunications facility shall be 75 feet from finished grade.
      2. Setbacks. All equipment shelters shall be set back from lot lines according to the required setbacks of the underlying zone. A monopole shall be set back from any adjacent dwelling unit a distance equal to the height of the monopole, including antennas and microwave dishes, from finished grade, or according to the setbacks of the underlying zone, whichever is greater.
      3. Shelters. Any equipment shelter shall be finished with natural aggregate materials or from colors approved with Ordinance 97-017.
      4. Landscaping. The perimeter of a lease area shall be landscaped with plant materials appropriate for its location. The lessee shall continuously maintain all installed landscaping and any existing landscaping used to screen a facility.
      5. Cabinets. Any equipment cabinets shall be finished with colors from amongst those colors approved with Ordinance 97-063. Such colors shall be non-reflective and neutral.
      6. Fences. A sight-obscuring fence, as defined by DCC Title 18, shall be installed around the perimeter of the lease area. The sight obscuring fence shall surround the monopole and the equipment shelter.
3. Tier 3 Facilities. Wireless telecommunications facilities (or their equivalent uses described in the EFU, Forest, and SM Zones) not qualifying as either a Tier 1 or 2 facility may be approved in all zones, subject to the applicable criteria set forth in DCC 18.128.330 and 18.128.340.
   1. A request for a written determination from the County as to whether a proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 shall be submitted to the County in writing and accompanied by a site plan and proposed schematics of the facility. If the County can issue a written determination without exercising discretion or by making a land use decision as defined under ORS 197.015(10), the County shall respond to the request in writing.
   2. A request for a written determination from the County as to whether a proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 that involves exercising discretion or making a land use decision shall be submitted and acted upon as a request for a declaratory ruling under DCC 22.40.

1. The following standards apply to all on-site rock crushing activity outside the SM zone:
   1. The subject property has received site plan, tentative plat or final plat approval for the construction or maintenance activity for which on-site rock crushing occurs;
   2. Rock crushing equipment has a valid Oregon Department of Environmental Quality air contaminant discharge permit;
   3. The volume of material excavated on-site does not exceed the amount necessary to complete on-site construction and maintenance;
   4. Rock crushing equipment and all activity directly associated with crushing such as truck traffic is located at least 500 feet from the nearest noise-sensitive or dust-sensitive use or structure, unless an exception to this standard is allowed pursuant to DCC 18.116.260(F);
   5. No off-site material is brought on site for crushing;
   6. Rock crushing equipment is removed from the site within 30 days of completing the crushing activity; and
   7. Excavated and crushed material not used for on-site construction or landscaping is removed from the site prior to occupancy, where a site plan is approved, or within 60 days of completing all road, utility or other improvements where a tentative or final plat is approved.
2. On-site rock crushing for on-site construction and maintenance is permitted outright in any zone, except Flood Plain (FP), or in any combining zone, except Wildlife Area (WA), Landscape Management (LM), or Sensitive Bird and Mammal Habitat (SBMH), if the requirements of DCC 18.116.260(A) and the following standards are met:
   1. Rock crushing activity, including set up and crushing, occurs for no more than 60 consecutive days on a site within any one-year period;
   2. Rock crushing occurs Monday through Friday, between 7:00 a.m. and 5:00 p.m., and not on legal holidays; and
   3. Water is available on-site to provide dust control.
3. Except for the activity allowed outright as set forth under DCC 18.116.260(B), a temporary use permit for rock crushing for on-site construction and maintenance may be permitted in any zone or combining zone subject to approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.260(D).
4. Use limitations. On-site rock crushing provided for in DCC 18.116.260(C) may be approved upon satisfaction of the requirements in DCC 18.166.260(A) and the following:
   1. The site under consideration is suitable for rock crushing and rock crushing is compatible with the existing uses within 500 feet of the rock crushing equipment, based upon the proposed duration of use of the equipment and the natural and physical features of the site, including but not limited to, general topography, natural hazards, and natural resource values;
   2. An engineer registered in Oregon verifies in writing that the operation of the rock crushing equipment will meet applicable DEQ noise standards; and
   3. Sufficient water is available on-site to provide approved methods of dust control.
5. Application requirements. An application for a temporary use permit for on-site rock crushing shall contain the following:
   1. A detailed explanation of the proposed construction and rock crushing activities, including the duration and operating characteristics of rock crushing;
   2. A map drawn to scale showing the location of property boundaries, setbacks to the rock crushing activity, and any topographic features in the immediate vicinity of the proposed rock crusher;
   3. A written explanation describing how each of the requirements in DCC 18.116.260(D) will be met; and
   4. Any additional information which will assist in the evaluation of the proposed rock crushing.
6. Setback exceptions. An exception to the setback requirement in DCC 18.116.260(A) shall be allowed pursuant to a notarized written agreement for a lesser setback made between the owner of the noise sensitive or dust-sensitive use or structure located within 500 feet of the proposed rock crushing activity and the owner or operator of the rock crusher.

Any use of land or activity involving on-site filming and accessory and supporting activities as those terms are defined in DCC 18.116.270 shall be governed by the provisions of DCC 18.116.270 and shall govern in any conflict with other provisions of DCC Title 18 or DCC Title 22.

1. On-site filming and activities accessory to on-site filming are permitted outright in any zone or combining zone of the County if:
   1. The activity would involve no more than 45 days on any site within any one-year period; or
   2. The activity does not involve erection of sets that remain in place for filming longer than any 45-day period and does not involve fill or removal activities regulated by DCC Title 18, involve activities within a sensitive habitat area governed by DCC 18.90 or involve activities, improvements, or structures covered by DCC 18.96; and
   3. All evidence of filming activity and sets is removed from the site and the site is restored to its previous condition within 15 days after the filming is complete.
2. Except for the activities allowed outright as set forth under DCC 18.116.270(A), on-site filming and activities accessory to and/or supporting on-site filming may be conducted in any zone or combining zone subject to the approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.270(C). For the purposes of DCC 18.116.270(B) only, "support activities" shall include office administrative functions such as payroll and scheduling; the use of campers, truck trailers and similar temporary facilitates; and temporary facilities used for housing of security personnel.
3. Use Limitations. Any use of land or activity involving on-site filming and activities accessory to and/or supporting on-site filming provided for under DCC 18.116.270(B) may be approved upon satisfaction of the following criteria:
   1. General Limitations.
      1. The site under consideration is suitable for the proposed filming or accessory activity based upon the following factors:
         1. The design, operating characteristics and duration of the use;
         2. Adequacy of transportation access to the site; and
         3. The natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values.
      2. The proposed use will be compatible with the existing uses on surrounding properties based upon the factors listed in DCC 18.116.270(C)(1)(a)(1), (2) and (3).
   2. Special Limitations. In addition to the general limitations set forth under DCC 18.116.270(C)(1)(a) and (b), the following additional special limitations shall be applied, where applicable:
      1. Filming and accessory or supporting activities proposed for a site designated as exclusive farm use by the zoning ordinance shall be subject to applicable provisions of ORS 215.296.
      2. Filming and accessory or supporting activities involving structures or improvements regulated under DCC 18.96 (flood plain zone) shall be subject to the applicable provisions of DCC 18.96 unless the Federal Emergency Management Agency authorizes a waiver of the provisions of DCC 18.96.
      3. Filming and accessory or supporting activities necessitating fill or removal activities shall comply with the applicable provisions of DCC 18.128.270, except that no conservation agreement shall be required where the fill is associated with a temporary structure or improvement and such fill would be removed along with the temporary structure or improvement under a fill or removal permit required by the County.
      4. Filming and accessory or supporting activities shall not be allowed in any sensitive habitat area designated under DCC 18.90 during the nesting period identified in the ESEE for each site.
   3. At the completion of filming, any structure or improvement for which land use approval would otherwise be required shall obtain the required approvals or the structure or improvement shall be removed. The County may require the applicant to post a bond in an amount sufficient to cover the cost of removal for any such structure or improvement.
   4. The standards of DCC 18.116.270(B) may be met by the imposition of conditions calculated to ensure that this standard will be met.
4. Procedures for review. All applications subject to DCC 18.116.270 shall be processed in accordance with DCC Title 22 with the exception that the Board of County Commissioners shall be the initial hearings body.
5. Definitions.
   1. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site filming" means:
      1. Filming and site preparation, construction of sets, staging, make-up and support services customarily provided for on site filming.
      2. Production of advertisements, documentaries, feature films, television series and other film productions that rely on the qualities of the zone in which the filming is to be located in more then an incidental way.
   2. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site filming" do not include:
      1. Facilities for marketing, editing and other such activities that are allowed only as a home occupation; or
      2. Construction of new structures that require a building permit

1. Home Occupations Permitted Outright In All Zones.
   1. 1Home occupations that operate from within a dwelling unit, have characteristics that are indistinguishable from the residential use of a dwelling unit, and meet the criteria in paragraph (A)(2) shall be considered uses accessory to the residential use of a dwelling unit.
   2. Home occupations under this subsection that meet the following criteria are uses permitted outright under Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance, in all zones:
      1. Is conducted within a dwelling unit only by residents of the dwelling unit;
      2. Does not serve clients or customers on-site;
      3. Does not occupy more than 25 percent of the floor area of the dwelling unit;
      4. Does not produce odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use.
      5. Does not include the on-site advertisement, display, or sale of stock in trade.
2. Types. In addition to the home occupations allowed in Section A above, three Types of home occupations may be allowed with limitations on location and intensity of allowed uses. Type 1 allows low intensity uses and Types 2 and 3 allow progressively greater intensity of uses.
3. Type 1. Where permitted outright, a Type 1 home occupation does not require a land use permit but shall be subject to the following criteria. A Type 1 home occupation:
   1. There is no minimum lot area for the subject lot or parcel.
   2. Is conducted within a dwelling unit or a residential accessory structure only by residents of the dwelling unit.
   3. Does not occupy more than 25 percent of the combined floor area of the dwelling unit, including any attached garages, and one (1) residential accessory structure.
   4. Creates no more than five (5) trips to the subject lot or parcel per day for customers or clients, including parcel delivery services;
   5. May include employees or contractors that work off-site;
   6. Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use.
   7. Does not involve the on-site advertisement display or sale of stock in trade, other than vehicle or trailer signage.
   8. Does not include building or ground mounted signs.
   9. Does not include outsides storage of equipment or materials used in the operation of the home occupation.
   10. Has adequate access and on-site parking for not more than one (1) customer, or delivery vehicle at any given time.
   11. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non-motorized wheeled equipment (trailer) which shall not exceed 3,000 pounds gross vehicle weight.
   12. Complies with all requirements of the Deschutes County Building Safety and Onsite Wastewater Divisions and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code.
   13. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location.
   14. Does not involve any external changes to the dwelling unit in which the home occupation will be established that would give the dwelling unit an outward appearance of a business.
   15. Allows for servicing, inspecting, loading, and or dispatching of vehicles and equipment incidental to the home occupation and stored within the dwelling unit, attached garage, or residential accessory structure.
4. Type 2. A Type 2 home occupation may be allowed as a conditional use with an approved conditional use permit subject to the approval criteria below. A Type 2 home occupation is not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128.015 or a site plan review under DCC Chapter 18.124. Type 2 home occupations are subject to the standards of the zone in which the home occupation will be established. A Type 2 home occupation:
   1. Is conducted on a lot or parcel with a minimum lot area of one-half (1/2) of an acre.
   2. Is conducted within a dwelling unit and/or an accessory structure by residents of the dwelling unit and no more than two (2) employees who report to the subject lot or parcel for work.
   3. May include employees or contractors that work off site.
   4. Does not occupy more than 25 percent, up to a maximum of 1,500 square feet, of the combined floor area of the dwelling unit, including any attached garages, and one (1) accessory structure.
   5. May include on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation.
   6. Creates no more than ten (10) business-related vehicle trips to the subject lot or parcel per day by employees, customers or clients, and parcel delivery services.
   7. Has adequate access and on-site parking for not more than four (4) customer and employee, or delivery vehicles at any given time.
   8. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation.
   9. Does not involve any external changes to the dwelling unit or the accessory structure in which the home occupation will be established that would give any building an outward appearance of a business.
   10. Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use.
   11. Complies with all requirements of the Deschutes County Building Safety and Onsite Wastewater Divisions and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code.
   12. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08 that is no more than three (3) square feet in area, non-illuminated. The ground-mounted sign and support shall not exceed 6 feet in height and is located on the property from which the home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs.
   13. May be subject to an annual inspection, as a condition of an approval, to ensure compliance with the requirements of this section and the conditions of an approved conditional use permit.
   14. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non-motorized wheeled trailer which shall not exceed 10,000 pounds gross vehicle weight.
   15. Does not include outside storage of equipment or materials used in operation of the home occupation.
   16. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location.
   17. All employee, customer, and delivery vehicle parking spaces shall be on-site and shall be located outside of the required setback areas.
   18. Any structure on the property where the home occupation is conducted shall be of a type normally associated with the zone(s) where it is located.
   19. Does not include structural alterations affecting the residential appearance of a building to accommodate the home occupation except when otherwise required by law, and then, only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division.
   20. Allows servicing, inspecting, loading, and or dispatching of vehicles and equipment incidental to the home occupation and stored within the dwelling unit, attached garage or accessory structure.
   21. Does not include the following activities:
       1. Repair, towing, or storage of motorized vehicles and equipment, including but not limited to automobiles, trucks, trailers, recreational vehicles, and boats.
       2. Detailing, painting, and upholstery of motorized vehicles.
       3. Businesses that store and use vehicles with a gross vehicle weight rating of greater than or equal to 15,000 pounds or equipment with an operating weight greater than or equal to10,000 pounds.
       4. Appliance repair.
       5. Welding or machine shop.
5. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established, in DCC Section 18.128.015, and the following limitations.
   A Type 3 home occupation:
   1. Is conducted on a lot or parcel with a minimum lot area of one-half (1/2) of an acre.
   2. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location.
   3. Is conducted within a dwelling unit and/or an accessory structure by residents of the dwelling unit and no more than two (2) employees who report to the subject lot or parcel for work. May have a maximum of five (5) employees at the home occupation located on property in an EFU, MUA10, or RR10 zone and if the lot or parcel has a lot area of at least 10 acres.
   4. May include employees or contractors that work off site.
   5. Does not occupy more than 35 percent of the combined floor area of the dwelling unit, including any attached garages, and one (1) accessory structure.
   6. May include on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation.
   7. Creates no more than twenty (20) business-related vehicle trips to the subject lot or parcel per day by employees, customers, or clients, including parcel delivery services.
   8. Has adequate access and on-site parking for not more than five (5) customer, employee, or delivery vehicles at any given time.
   9. Is limited to the hours and days of operation proposed by an applicant and approved with a conditional use permit.
   10. Does not involve any external changes to the dwelling unit or accessory structure in which the home occupation will be established that would give the dwelling an outward appearance of a business.
   11. Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use.
   12. Complies with all requirements of the Deschutes County Building Safety and Onsite Wastewater Divisions and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code.
   13. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08 that is no more than three (3) square feet in area, non-illuminated. The ground-mounted sign and support structure shall not exceed 6 feet in height and is located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs.
   14. May include outside storage of equipment and materials on lots or parcels approved for a home occupation, not to be included in the 35 percent of combined floor area.
   15. Allows for servicing, inspecting, loading, and or dispatching vehicles and equipment incidental to the home occupation and stored within the buffered and screened outside area.
   16. Requires review of the home occupation approval every 12 months by the planning division to ensure compliance with the requirements of this section and the conditions required for approval of the use.
   17. Conducts all home occupation activities within one or more structures on the property that are of a type normally associated with the zone where it is located.
   18. Locates all employee, customer, and delivery vehicle parking spaces on-site and outside of the required setback areas.
   19. Parks all vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 15,000 or more pounds in a garage, an accessory structure, or within a screened area according to the requirements of DCC 18.116.280(E)(21)(a) through (e).
   20. No structural alteration affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division.
   21. Includes no outside storage unless the subject lot or parcel has a lot area of at least 10 acres and the storage is setback a minimum of 20 feet from all lot lines, and is maintained to screen materials and equipment from dwelling units on adjacent properties. The form of screening may include, but is not limited to:
       1. A sight-obscuring fence, as defined in DCC 18.04.030.
       2. Intervening tree cover.
       3. Topography.
       4. Existing buildings on site.
       5. Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm.
6. Prohibited Uses: The following marijuana uses shall be prohibited as any home occupation:
   1. Marijuana production;
   2. Marijuana processing;
   3. Marijuana retailing; and
   4. Marijuana wholesaling.

1. Amateur radio facilities shall meet the following criteria:
   1. Antenna support structures, including guy wires and anchors shall be located outside of the required front, rear, and side setback areas;
   2. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in color;
   3. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or otherwise, other than required unlighted signage for safety or regulatory purposes;
   4. The property owner shall obtain a valid building permit if required from the Deschutes County Community Development Department, Building Safety Division;
   5. The height of amateur radio facilities shall be excepted from that of the underlying zoning district in accordance with B and C below, unless located in the AS, AD, or LM zones per DCC 18.120.040(A)(1).
2. Amateur radio facilities up to 70 feet in height are allowed outright in any zone as an accessory use if the provisions of subsection (A) and (B)(1) are otherwise met.
   1. FCC License. The property owner shall obtain a current, valid FCC Amateur Radio License for the operation of amateur ("Ham") radio services in the name of the property owner.
3. Amateur radio facilities over 70 feet in height, up to 200 feet maximum height, are subject to the requirements under subsection (A) and (C)(1)(2), and any conditions of land use approval
   
   1. Compliance with Federal and State Regulations
      1. The property owner shall demonstrate compliance with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA) restrictions if applicable by submitting copies of the FCC’s, FAA’s, and ODA’s written determination to the Deschutes County Community Development Department.
   2. FCC License
      1. The property owner shall provide documentation of a current, valid FCC Amateur Radio License for the operation of amateur (“Ham”) radio services in the name of property owner.
      2. Compliance may be demonstrated by submitting a copy of the property owner’s Amateur Radio License to the Deschutes County Community Development Department.

1. DCC 18.116.300 applies only to non-commercial wind energy systems generating less than 100 kW of electricity.
2. For purposes of this section, all tower height measurements are to be taken from the ground to the top of the turbine blade.
3. Outright Permitted in All Zones, subject to the applicable provisions in this section:
   1. A wind energy system that is accessory to the primary use of the property and is no higher than thirty-six (36) feet in height.
   2. A wind energy system that is accessory to the primary use of the property generating 0 to 15 kW of electricity, greater than thirty-six (36) feet in height.
4. Site Plan Review: A wind energy system that generates greater than 15 to 100 kW of electricity shall be permitted in all zoning classifications where accessory structures are permitted, subject to DCC Chapter 18.124, Site Plan Review.
5. Setbacks:
   1. 0 to 100 kW wind energy systems for which the tower is 36 feet in height or less must, for all parts of the wind energy system, meet the setback requirements for accessory structures based on the underlying zoning.
   2. 0 to 100 kW wind energy systems for which the tower is greater than 36 feet in height shall not allow any part of the wind energy system structure to extend closer than one times the height of the tower from the installation site to the nearest lot line(s).
6. All wind energy systems subject to DCC 18.116.300(A) are also subject to the following:
   1. Noise:
      1. Wind energy systems shall not exceed 60 decibels, as measured at the nearest property boundaries.
      2. The noise level may be exceeded during short-term events such as utility outages and/or severe storms.
   2. Lighting: A wind tower or wind energy system shall not be artificially lighted unless such lighting is required by the FAA.
   3. Signs: All signs, both temporary and permanent are prohibited, except as follows:
      1. Manufacturer’s or installer’s identification on the wind generator; or,
      2. Appropriate warning signs and placards.
   4. Approved Wind Energy generator: Wind turbines must have been approved by Oregon Department of Energy or any other wind energy certification programs recognized by the American Wind Energy Association.
   5. State Code Compliance:
      1. All wind energy systems shall comply with the currently adopted edition of the Oregon Structural Specialty Code, or if accessory to a single -unit dwelling, the Oregon Residential Specialty Code.
      2. Compliance with the National Electrical Code: Electrical permit applications shall be accompanied by a one-line diagram showing the system components and size and type of equipment in sufficient detail to demonstrate compliance with the current edition of the National Electrical Code.
   6. Compliance with FAA Regulations: Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
   7. Utility Notification:
      1. Wind energy systems shall not be installed until evidence has been given to the Planning Division that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator.
      2. A wind energy system that supplies sufficient energy such that all uses on the property upon which the wind energy system is located are self-sufficient and completely independent of any other public or private energy utility shall be exempt from this requirement.
   8. The color of the wind energy system shall be either an unobtrusive stock color form the manufacturer or pained in a non-reflective, unobtrusive color that blends in with the surrounding environment.
   9. Prior to issuance of a building permit, the property owner shall record against the property a “Condition of Approval Agreement” that certifies the wind energy system will either be removed from the property or laid down on the ground, horizontally, at the property owner’s sole expense, when use has been discontinued from operating for more than one (1) year.

1. For purposes of DCC 18.116.310, the transportation system includes public and private roads, intersections, sidewalks, bike facilities, trails, and transit systems.
2. The applicant shall meet with County staff in a pre-application conference to discuss study requirements, then generate the traffic study and submit it concurrently with the land use application.
3. Guidelines for Traffic Impact Studies
   1. All traffic impact studies shall be stamped and signed by the registered professional engineer who is licensed in the State of Oregon and is otherwise qualified to prepare traffic studies.
   2. The County Engineer shall determine when the report has satisfied all the requirements of the development’s impact analysis. Incomplete reports shall be returned for completion.
   3. The following vehicle trip generation thresholds shall determine the level and scope of transportation analysis required for a new or expanded development.
      1. No Report is required if there are fewer than 50 trips per day generated during a weekday.
      2. Site Traffic Report (STR): If the development or change in use will cause the site to generate 50-200 daily trip ends, and less than 20 peak hour trips, a Site Traffic Report may be required at the discretion of the County Engineer.
      3. Traffic Impact Analysis (TIA): If the development or change in use will generate more than 200 trip ends and 20 or more peak hour trips, then a Traffic Impact Analysis (TIA) shall be required.
   4. The peak hour shall be the highest continuous hour of traffic measured between 4:00 and 6:00 PM, unless site trip generation characteristics warrant consideration of alternative periods as determined by the County Engineer. (An example would be a use with a high 7:00 and 9:00 AM peak and a low PM peak such as a school.)
4. Traffic Study Area
   1. After consulting with other affected jurisdictions, the County Engineer shall determine the impact analysis area.
   2. The impact analysis study area shall include, at a minimum:
      1. All site access points to the public roadway system via either a driveway or private roadway;
      2. Nearest intersecting collector or arterial roads to the development that would experience an increase of 25 additional peak hour trips;
      3. Any other collector or arterial intersection requested by staff.
5. Study Time Frames
   The analysis shall include the following time frames:
   1. Existing conditions (including approved, but not yet built developments as identified by the County Engineer);
   2. Completion year of each significant phase of the development;
   3. Five year forecast after build out for each phase of development or the final phase of development.
   4. Generators of large volumes of traffic (>5,000 daily and >500 peak hour trips), zone changes, and any destination resort development will also require an analysis of traffic conditions in a twenty-year horizon.
6. Minimum Study Requirements for a Site Traffic Report (STR)
   The minimum study requirements for a Site Traffic Report are:
   1. A vicinity map showing the location of the project in relation to the transportation system of the area;
   2. Trip generation forecast using data from the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual unless more appropriate data is available and approved by the County Engineer;
   3. Trip distribution and assignment;
   4. Safety analysis of the site accesses, including sight distance and operation characteristics;
   5. Description of the proposed development and surrounding land uses;
7. Minimum Study Requirements for a Traffic Impact Analysis (TIA)
   The minimum study requirements for a Traffic Impact Report are:
   1. A vicinity map showing the location of the project in relation to the transportation system of the area;
   2. All of the elements of a STR;
   3. Traffic signal progression analysis and interconnection if a new signal is proposed;
   4. A response in the final report to any supplemental study issues identified by other affected jurisdictions;
   5. Appropriate traffic calming techniques if the project distributes trips to a residential local road and is projected to increase the volumes on that road to a volume greater than 1,000 ADT;
   6. Trip generation forecasts using data from the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual unless the County Engineer approves an alternate data source;
   7. Trip distribution assumptions are based on historical data, existing and future travel characteristics, and capacity constraints;
   8. A complete description and drawing of the proposed development.
   9. Existing traffic volumes;
   10. Existing and future levels of service, average vehicle delay and volume /capacity ratios (V/C) for all intersections within the study area for conditions with and without the proposed project;
   11. Forecast traffic volumes with and without the development;
   12. Safety analysis of the site accesses, include sight distance and operation characteristics;
   13. Analysis of right and left turn lane warrants (Oregon Department of Transportation (ODOT) standards);
   14. Analysis of parking needs of the proposed development;
   15. When needed, warrant analysis for traffic control devices;
   16. Findings and conclusions including a recommendation of suggested potential mitigation for off-site impacts and an evaluation of the effectiveness of those solutions.
8. Operation And Safety Standards.
   The minimum operational and safety standards for use on Deschutes County’s system are:
   1. The minimum level of service for intersections and roads, during the P.M. Peak Hour, shall be LOS “D” as determined by the most current published version of the Transportation Research Board’s Highway Capacity Manual.
   2. For state highway intersections, the performance standard shall be determined by the Oregon Highway Plan or ODOT-approved alternative standard or target.
   3. The minimum sight distance for driveways and intersections is defined in AASHTO’s “GEOMETRIC DESIGN OF HIGHWAYS AND STREETS” and the AASHTO “Design Guidelines for Very-Low Volume Local Roads (< 400 ADT)”.
9. Mitigation
   1. The applicant shall be responsible to mitigate any safety or capacity problems that are caused by their proposed development.
   2. At the County Engineer’s discretion, if there are pre-existing safety deficiencies and/or capacity failures at relevant intersections or road frontages within the impact analysis area, then no additional development shall be allowed until a solution that accounts for the proposed project’s additional impacts is funded or built.

Medical marijuana dispensaries shall meet the following requirements:

1. The location is subject to the Oregon Medical Marijuana Act under ORS Chapter 475.
2. The hours of operation shall not exceed 10:00am to 7:00pm.
3. The dispensary is registered with the Oregon Health Authority under the state of Oregon’s medical marijuana facility registration system under ORS 475.300-475.346, and meeting the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities.
4. The dispensary must be registered with the Oregon Health Authority under ORS 475.314 and comply with all OHA rules.
5. The addition or conversion of the dispensary to recreational use marijuana sales and distribution is a change of the use and subject to County land use review and approval for alteration of the medical marijuana dispensary use.

1. Applicability. Section 18.116.330 applies to:
   1. Marijuana Production in the EFU, MUA-10, and RI zones, subject to a land use permit applied for from July 1, 2016 to April 21, 2021, so long as said permit was approved and the use was initiated pursuant to DCC 22.36. New land use permits for marijuana production in aforementioned zones are prohibited by Ordinance No. 2021-004.
   2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, TuI, RI, and SUBP zones, subject to a land use permit applied for from July 1, 2016 to April 21, 2021, so long as said permit was approved and the use was initiated pursuant to DCC 22.36. New land use permits for marijuana processing in aforementioned zones are prohibited by Ordinance No. 2021-004.
   3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, TuI, RC, RI, SUC, SUTC, and SUBP zones.
   4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones.
2. Continued marijuana production and marijuana processing. So long as the permit was approved and the use was initiated pursuant to DCC 22.36, marijuana production and processing subject to land use permits applied for from July 1, 2016 to April 21, 2021 may continue as nonconforming uses pursuant to DCC 18.120.010. Prior to the initiation of the use, said land use permits may only be modified pursuant to the criteria established by DCC 22.36.040, Modification of Approval. A change in ownership of a property with a land use permit for marijuana production or processing, or a change in ownership of a business engaged in marijuana production or processing, shall not be deemed a change of circumstances requiring a modification of approval pursuant to DCC 22.36.040 or an alteration of a nonconforming use pursuant to DCC 18.120.010. Relocation of a marijuana production or processing use to a different lot or parcel is prohibited by DCC 18.120.010 and DCC 22.36.040 as any location change will have a greater adverse impact on the neighborhood and/or significant additional impacts on surrounding properties. In addition to conditions of approval specified in each land use permit, the following standards shall govern continued marijuana production and processing:
   1. Minimum Lot Area.
      1. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres.
   2. Indoor Production and Processing.
      1. In the MUA-10 zone, marijuana production and processing shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non-rigid structures is prohibited.
      2. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures.
      3. In all zones, marijuana production and processing are prohibited in any outdoor area.
   3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows:
      1. Lots or parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
      2. Lots or parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that:
         1. The marijuana production operation was lawfully established prior to January 1, 2015; and
         2. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation.
      3. Lots or parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet.
      4. Lots or parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet.
      5. Lots or parcels equal to or greater than 60 acres in lot area: 40,000 square feet.
   4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be:
      1. Lots or parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
      2. Lots or parcels equal to or greater than 10 acres: 5,000 square feet.
   5. Limitation on License/Grow Site per Lot or Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot.
   6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings:
      1. Minimum Setback Distance from Lot Lines: 100 feet.
      2. Setback from an off-site dwelling unit: 300 feet. For the purposes of this criterion, an off-site dwelling unit includes those proposed off-site dwelling units with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County.
      3. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts.
   7. Separation Distances. Minimum separation distances shall apply as follows:
      1. The use shall be located a minimum of 1,000 feet from:
         1. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school;
         2. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school;
         3. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; and
         4. National monuments and state parks.
      2. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor.
      3. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is:
         1. Pending a local land use decision;
         2. Licensed or registered by the State of Oregon; or
         3. Lawfully established.
   8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards.
      1. Have street frontage on and legal direct access from a constructed public, county, or state road; or
      2. Have access from a private road or easement serving only the subject property.
      3. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall:
         1. Be on a form provided by the County and shall contain the following information;
         2. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement;
         3. Include a description of the proposed marijuana production or marijuana processing operation; and
         4. Include a legal description of the private road or easement.
   9. Lighting. Lighting shall be regulated as follows:
      1. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day.
      2. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light-emitting part.
      3. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control.
   10. Odor. As used in DCC 18.116.330(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing.
       1. The building shall be equipped with an effective odor control system which must all times prevent unreasonable interference of neighbors’ use and enjoyment of their property.
       2. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors’ use and enjoyment of their property.
       3. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute.
       4. The odor control system shall:
          1. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or
          2. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (1) above.
       5. The system shall be maintained in working order and shall be in use.
   11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following:
       1. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans, and similar functions shall not exceed 30dB(A) measured at any lot line between 10:00 p.m. and 7:00 a.m. the following day.
       2. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted.
   12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non-rigid structures and land areas used for marijuana production and processing:
       1. Subject to 18.84, Landscape Management Combining Zone approval, if applicable.
       2. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable.
       3. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape.
       4. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land.
   13. Water. The applicant shall provide:
       1. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or
       2. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or
       3. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right.
   14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district.
   15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided.
   16. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA.
   17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG).
   18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property:
       1. An owner of the subject property;
       2. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or
       3. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property.
   19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016.
   20. Prohibited Uses.
       1. In the EFU zone, the following uses are prohibited:
          1. A new dwelling used in conjunction with a marijuana crop;
          2. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop;
          3. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction with a marijuana crop; and Agri-tourism and other commercial events and activities in conjunction with a marijuana crop.
          4. Agri-tourism and other commercial events and activities in conjunction with a marijuana crop.
             
       2. In the MUA-10 Zone, the following uses are prohibited:
          1. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop.
       3. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production:
          1. Guest Lodge.
          2. Guest Ranch.
          3. Dude Ranch.
          4. Destination Resort.
          5. Public Parks.
          6. Private Parks.
          7. Events, Mass Gatherings and Outdoor Mass Gatherings.
          8. Bed and Breakfast.
          9. Room and Board Arrangements.
3. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be subject to the following standards and criteria:
   1. Hours. Hours of operation shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. on the same day.
   2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana plant odor off premise by a person of normal sensitivity.
   3. Window Service. The use shall not have a walk-up or drive-thru window service.
   4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
   5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion thereof, occupied by the marijuana retailer, except as allowed by state law.
   6. Co-Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co-located on the same lot or parcel or within the same building with any marijuana social club or marijuana smoking club.
   7. Separation Distances. Minimum separation distances shall apply as follows:
      1. The use shall be located a minimum of 1,000 feet from:
         1. A public elementary or secondary school for which attendance is compulsory under ORS 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school;
         2. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school;
         3. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed family child care which occurs at or in residential structures;
         4. National monuments and state parks; and
         5. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary registered with the OHA.
      2. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of the affected property to the closest point of the building floor area occupied by the marijuana retailer. For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be measured from the closest point of the building floor area occupied by one marijuana retailer to the closest point of the building floor area occupied by the other marijuana retailer.
      3. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after a marijuana retailer has been licensed by or registered with the State of Oregon shall not result in the marijuana retailer being in violation of DCC 18.116.330(B)(7).
4. Annual Reporting
   1. An annual report is required unless the approved applicant has (a) secured a license from the OLCC; (b) operated through at least one growing season; and (c) obtained a passing inspection from the Community Development Department. Thereafter, mandated annual reporting is not applicable unless the license is modified, in which case annual reporting is required until (a), (b), and (c) are once again satisfied.  An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form:
      1. Documentation demonstrating compliance with the:
         1. Land use decision and permits.
         2. Fire, health, safety, waste water, and building codes and laws.
         3. State of Oregon licensing requirements.
      2. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116. 330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use.
      3. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare.
      4. Marijuana Control Plan to be established and maintained by the Community Development Department.
      5. Conditions of Approval Agreement to be established and maintained by the Community Development Department.
      6. This information shall be public record subject to ORS 192.502(17).

1. Applicability. Section 18.116.340 applies to:
   1. All marijuana production registered by OHA prior to June 1, 2016; and
   2. All marijuana production registered by OHA on or after June 1 2016 until the effective date of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016-015 through Ordinance 2016-018 shall apply.
2. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by September 15, 2016:
   1. Lighting. Lighting shall be regulated as follows:
      1. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day.
      2. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light-emitting part.
      3. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control.
3. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by December 15, 2016:
   1. Odor. As used in DCC 18.116.330(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing.
      1. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors’ use and enjoyment of their property.
      2. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors’ use and enjoyment of their property.
      3. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute.
      4. The odor control system shall:
         1. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or
         2. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by i. above.
      5. The system shall be maintained in working order and shall be in use.
   2. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following:
      1. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day.
      2. Sustained noise from marijuana production is not subject to the Right to Farm protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming practices is however permitted.
   3. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non-rigid structures and land areas used for marijuana production and processing:
      1. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable.
      2. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable.
      3. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape.
      4. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land.
   4. Water. The applicant shall provide:
      1. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or
      2. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or
      3. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right.
   5. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA.
   6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG).
   7. Inspections and Annual Reporting. All marijuana production registered by OHA prior to June 1, 2016 shall comply with DCC 18.116.340(D)(8) when site locations are identified or otherwise disclosed by the State of Oregon.
4. All new marijuana production registered by OHA on or after June 1, 2016 shall comply with DCC 18.116.340(A-C) and the following standards:
   1. Shall only be located in the following zones
      1. EFU;
      2. MUA-10; or
      3. Rural Industrial in the vicinity of Deschutes Junction.
   2. Minimum Lot Area.
      1. In the EFU and MUA-10 zones, the subject property shall have a minimum lot area of five (5) acres.
   3. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with medical marijuana production on the subject property shall be:
      1. Lots or parcels from 5 acres to less than 10 acres in area: 2,500 square feet.
      2. Lots or parcels equal to or greater than 10 acres: 5,000 square feet.
   4. Setbacks. The following setbacks shall apply to all marijuana production areas and buildings:
      1. Minimum Setback Distance from Lot Lines: 100 feet.
      2. Setback from an off-site dwelling unit: 300 feet.
         For the purposes of this criterion, an off-site dwelling unit includes those proposed off-site dwelling units with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application submitted to Deschutes County.
      3. Exception: Reductions to these setback requirements may be granted at the discretion of the Planning Director or Hearings Body provided the applicant demonstrates that the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts.
   5. Indoor Production and Processing.
      1. In the MUA-10 zone, marijuana production shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar structures is prohibited,
      2. In the EFU zone, marijuana production shall only be located in buildings, including greenhouses, hoop houses, and similar structures.
      3. In all zones, marijuana production is prohibited in any outdoor area.
   6. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows:
      1. Lots or parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
      2. Lots or parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that:
         1. The marijuana production operation was lawfully established prior to January 1, 2015; and
         2. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation.
      3. Lots or parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet.
      4. Lots or parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet.
      5. Lots or parcels equal to or greater than 60 acres in lot area: 40,000 square feet.
   7. Separation Distances. Minimum separation distances shall apply as follows:
      1. The use shall be located a minimum of 1,000 feet from:
         1. A public elementary or secondary school for which attendance is compulsory under ORS 339.010. et seq., including any parking lot appurtenant thereto and any property used by the school;
         2. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school;
         3. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; and
         4. National monuments and state parks.
      2. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor.
      3. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is:
         1. Pending a local land use decision:
         2. Registered by the State of Oregon: or
         3. Lawfully established.
   8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards.
      1. Have street frontage on and legal direct access from a constructed public, county, or state road; or
      2. Have access from a private road or easement serving only the subject property.
      3. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall:
         1. Be on a form provided by the County and shall contain the following information:,
         2. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement;
         3. Include a description of the proposed marijuana production or marijuana processing operation; and
         4. Include a legal description of the private road or easement.
   9. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property:
      1. An owner of the subject property; or
      2. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property.
   10. Annual Reporting. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fees as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form:
       1. Documentation demonstrating compliance with the:
          1. Land use decision and permits.
          2. Fire, health, safety, waste water, and building codes and laws.
          3. State of Oregon licensing requirements.
       2. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(0(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use.
       3. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare.
       4. Marijuana Control Plan to be established and maintained by the Community Development Department.
       5. Conditions of Approval Agreement to be established and maintained by the Community Development Department.
       6. This information shall be public record subject to ORS 192.502(17).
   11. Prohibited Uses.
       1. In the EFU zone, the following uses are prohibited:
          1. A new dwelling used in conjunction with a marijuana crop;
          2. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop;
          3. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(21)(a), carried on in conjunction a marijuana crop; and.
          4. Agri-tourism and other commercial events and activities in conjunction with a marijuana crop.
       2. In the MUA-10 Zone, the following uses are prohibited:
          1. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop.
       3. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production:
          1. Guest Lodge.
          2. Guest Ranch.
          3. Dude Ranch.
          4. Destination Resort.
          5. Public Parks.
          6. Private Parks.
          7. Events, Mass Gatherings and Outdoor Mass Gatherings.
          8. Bed and Breakfast.
          9. Room and Board Arrangements.

1. As used in this section:
   1. “Historic accessory dwelling unit” means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, "auxiliary" means a use or structure incidental and subordinate to the single-family dwelling on the property, and located on the same lot as the single-family dwelling.
   2. “Area zoned for rural residential use” means land that is not located inside an urban growth boundary as defined in ORS 195.060 and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use.
   3. “Historic home” means a single-family dwelling constructed between 1850 and 1945.
   4. “New” means that the dwelling being constructed did not previously exist in residential or nonresidential form. “New” does not include the acquisition, alteration, renovation or remodeling of an existing structure.
   5. “Place a manufactured dwelling” means the placement of a manufactured dwelling that did not previously exist on the subject lot of record; it may include the placement of a manufactured dwelling that was previously used as a dwelling on another lot or parcel and moved to the subject lot of record.
   6. “Single-family-dwelling” means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type.
2. An owner of a lot or parcel within an area zoned for rural residential use (RR-10 and MUA Zones) may construct a new single-family dwelling or place a manufactured home on the lot or parcel, provided:
   1. The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 195.137;
   2. The lot or parcel has a lot area of at least two acres;
   3. A historic home is sited on the lot or parcel;
   4. The owner converts the historic home to a historic accessory dwelling unit upon completion of the new single-family dwelling or placement of a manufactured dwelling; and
   5. The historic accessory dwelling unit may be required to comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment.
3. The construction of a historic accessory dwelling unit under subsection (B) of this section is a land use action subject to DCC 22.20.
4. An owner that constructs a new single-family dwelling or places a manufactured dwelling under subsection (B) of this section may not:
   1. Subdivide, partition, or otherwise divide the lot or parcel so that the new single-family dwelling or manufactured dwelling is situated on a different lot or parcel from the historic accessory dwelling unit.
   2. Alter, renovate, or remodel the historic accessory dwelling unit so that the square footage of the historic accessory dwelling unit is more than 120 percent of the historic home’s square footage at the time construction of the new single-family dwelling or manufactured dwelling commenced.
   3. Rebuild the historic accessory dwelling unit if the structure is deemed a dangerous building due to fire or other natural disaster, pursuant to the Uniform Code for the Abatement of Dangerous Buildings, which defines “dangerous building” as “Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.”
   4. Construct or place any additional dwelling unit, guest house, or any other temporary dwelling unit as identified in DCC 18.116.090 on the same lot or parcel.
5. A new single-family dwelling constructed or a manufactured dwelling placed under this section may be required to be served by the same water supply source as the historic accessory dwelling unit.
6. Owner occupancy of either the historic accessory dwelling unit, the new single-family dwelling, or manufactured dwelling is not required. However, the historic accessory dwelling unit and new single-family dwelling or manufactured dwelling authorized under this section may not be used simultaneously for short-term rentals of thirty (30) consecutive days or less.

1. As used in this section:
   1. “Accessory dwelling unit” means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, “auxiliary” means a use or structure incidental and subordinate to the single-family dwelling on the property, and located on the same lot or parcel as the single-family dwelling.
   2. “Accessory dwelling unit structure” means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers.
   3. “Rural residential use” means a lot or parcel located in the RR-10 or MUA-10 Zones, consistent with the definition in ORS 215.501.
   4. “Single-family dwelling” means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. For the purposes of this chapter, “single-family dwelling” shall be synonymous with “single-unit dwelling” as defined in DCC 18.04.030.
   5. “Useable floor area” means all areas of an accessory dwelling unit defined as floor area in DCC 18.04.030, exclusive of garages, carports, decks, and porch covers.
   6. “Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:
      1. The occupant rents the unit for vacation purposes only, not as a principal residence; and
      2. The occupant has a principal residence other than at the unit; and
      3. The period of authorized occupancy does not exceed 45 days.
2. One accessory dwelling unit is permitted outright on a lot or parcel zoned RR-10 or MUA-10, provided all of the following standards are met:
   1. One single-family dwelling is sited on the lot or parcel:
      1. As used in this section, “sited” means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit.
      2. An existing single-family dwelling meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single-family dwelling.
   2. There is no guest-house, temporary dwelling unit as identified in DCC 18.116.090, or additional dwelling units except the primary single-family dwelling established on the subject property.
      1. An existing lawfully established guest house, temporary dwelling unit as identified in DCC 18.116.090, or an additional dwelling unit meeting all other criteria in this section may be converted to an accessory dwelling unit.
   3. The lot or parcel is not located within an Urban Reserve Area, consistent with ORS 195.137.
   4. No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416.
   5. The lot area is at least two acres, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S, 20S, 21S, and 22S and Ranges 9E, 10E and 11E. Within these exception areas, the lot area is at least five acres.
   6. The accessory dwelling unit structure will have a minimum setback of 100 feet from all lot lines abutting properties zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone(s) and combining zone.
   7. The accessory dwelling unit will not include more than 900 square feet of useable floor area.
   8. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the existing single-family dwelling to the nearest part of the useable floor area of the accessory dwelling unit.
      1. An existing structure converted to an accessory dwelling unit must be located no farther than 100 feet from the existing single-family dwelling, measured from the existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, “existing” means the structure was lawfully established on or before November 1, 2023.
   9. Prior to application, the accessory dwelling unit receives approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal and treatment.
   10. The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410.
   11. The accessory dwelling unit provides for all of the following:
       1. Adequate access connecting an accessory dwelling unit with a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. Adequate access is met by demonstrating compliance with section 11(a)(1) and 11(a)(2), or section 11(a)(3):
          1. A continuous, minimum 20-foot width right(s)-of-way with an unobstructed vertical clearance of not less than 13.5 feet. For the purposes of this section, right(s)-of-way are defined as:
             1. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or
             2. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; and
          2. A continuous, minimum 12-foot width onsite driveway with an unobstructed horizontal clearance of not less than 20 feet and an unobstructed vertical clearance of not less than 13.5 feet, designed and maintained as follows:
             1. Composed of an all-weather surface including asphalt or concrete; or
             2. Designed and maintained to support a minimum gross vehicle weight (GVW) of 75,000 lbs as certified by a Professional Engineer, registered in Oregon;
          3. Written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the property meets minimum fire district requirements to provide emergency services to the property.
             
   12. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600.
   13. A lot or parcel with an accessory dwelling unit approved under this section is ineligible for:
       1. A subdivision, partition, other division of the lot or parcel, or a property line adjustment where the result of such application would be to situate the existing single-family dwelling on a different lot or parcel than the accessory dwelling unit; and
       2. Placement or construction of any additional dwelling unit, guest house, or any other temporary dwelling unit as identified in DCC 18.116.090.
   14. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department.
   15. At the time of application, a letter confirming that the supplier of water is “Willing and Able to Serve” the accessory dwelling unit shall be provided if the accessory dwelling unit is to be served by any water source other than an onsite domestic well.
   16. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1).
   17. If the water supply source for the accessory dwelling unit or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted by the Water Resources Commission.
   18. Prior to issuance of building permits, the applicant shall sign and record with the County Clerk, a restrictive covenant stating an accessory dwelling unit allowed under this section and the primary single-family dwelling cannot be used for vacation occupancy, as defined in DCC 18.116.355(A)(6) and consistent with ORS 90.100.

1. 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 abutting lots or parcels.
2. Nursery schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88.

1. Applicability. Section 18.116.380 applies to:
   1. Psilocybin Manufacture as a Farm Use in the EFU, F-1, and F-2 zones.
   2. Psilocybin Manufacture as a Processing Use in the EFU, F-1, and F-2 zones.
   3. Psilocybin Service Centers in the EFU, RC, RSC, SUC, SUTC, TeC, and TuC zones.
   4. Psilocybin Testing Laboratories in the RI and TuI zone.
2. Psilocybin Manufacture as a Farm Use. Psilocybin manufacture as a farm use shall be subject to the following standards:
   1. Indoor Fungi Cultivation. Psilocybin-producing fungi must be grown indoors. Fungi cultivation is prohibited in any outdoor area.
   2. Setbacks. Setback requirements shall be applied from the underlying zone.
   3. Separation distances.
      1. Psilocybin manufacture as a farm use shall be located a minimum of 1,000 feet from:
         1. A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
         2. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (l)(a); and
      2. Notwithstanding DCC 18.116.380(D)(3)(a). psilocybin manufacture as a farm use may be located within 1,000 feet of a school if:
         1. The psilocybin service center is not located within 500 feet of:
            1. A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
            2. A private or parochial elementary or secondary school. teaching children as described in ORS 339.030 (l)(a).
         2. The Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the psilocybin manufacture as a farm use.
   4. Prohibited Uses.
      1. In the EFU zone, the following uses are prohibited:
         1. A new dwelling used in conjunction with a psilocybin-producing fungi crop;
         2. A farm stand, as described in DCC 18.16.038(C) used in conjunction with a psilocybin-producing fungi crop.
3. Psilocybin Manufacture as a Processing Use. Psilocybin manufacture as a processing use shall be subject to the standards in DCC 18.16.025(I).
4. Psilocybin service centers. Psilocybin service centers shall be subject to the following standards:
   1. Co-Location. The operation of a psilocybin service center may be carried on in conjunction with a psilocybin-producing fungi crop in the Exclusive Farm Use zone subject to either DCC 18.16.030(E) or 18.16.030(M).
   2. Prohibited Uses.
      1. In zones other than Exclusive Farm Use zone, a psilocybin service center as a Home Occupation or Commercial Activity in Conjunction with Farm Use.
   3. Separation distances.
      1. Psilocybin service centers shall be located a minimum of 1,000 feet from:
         1. A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
         2. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (l)(a).
      2. Notwithstanding DCC 18.116.380(D)(3)(a), a psilocybin service center may be located within 1,000 feet of a school if:
         1. The psilocybin service center is not located within 500 feet of:
            1. A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
            2. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (l)(a); and
         2. The Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the psilocybin service center.
   4. Setbacks. Setback requirements shall be applied from the underlying zone.
   5. Hours of Operation. Hours of operation shall be no earlier than 6:00 a.m. and no later than 11:59 p.m. on the same day, unless a facilitator determines that it is appropriate to continue an administration session beyond 11:59 PM local time, subject to the requirements in OAR 333-333-5250(3).

For applications reviewed under Clear and Objective standards pursuant to DCC 22.08.040, the following procedures will be used, as applicable, to determine whether standards and criteria are met:

1. Determining the Ordinary High Water Line (OHWL)
   1. The elevation of the OHWL shall be determined by a field assessment conducted by a qualified biologist in accordance with OAR 141-085-0515(3). For the purposes of this criteria, a “qualified biologist” is a person who has a minimum of a bachelor’s degree in wildlife or fisheries habitat biology, or a related degree in a biological field from an accredited college or university with a minimum of four years’ experience as a practicing fish or wildlife habitat biologist.
   2. The OHWL shall be identified, flagged, and documented per subsection (3), and labeled on survey plans prepared by a licensed professional surveyor registered in the state of Oregon.
   3. OHWL Documentation.
      1. Photographs shall be taken both up- and down-stream of the project site and both banks- after OHWL markers are set. Photos shall include field indicators and the location of the placed markers.
      2. A written explanation or justification of observations shall accompany each photo.
2. Measuring and Calculating Volume of Fill or Removal
   1. Fill or removal volume shall be calculated in accordance with the specifications of OAR 141-085-0525.

1. General/Discretionary Standard: Partitions and subdivisions are subject to the applicable provisions of Title 17 and Title 18 except as modified by the following:
   1. Cluster developments are allowed as conditional uses in MUA-10, RR-10, TER zones and subject to DCC 18.128.
   2. Planned developments are allowed as conditional uses in SURM, MUA-10, RR-10 zones and subject to DCC 18.128.
   3. In the MUA-10 zone, cluster and planned developments shall be allowed an equivalent density of one unit per seven and one-half acres and planned and cluster developments within one mile of an acknowledged urban growth boundary shall be allowed a five acre minimum lot area or equivalent density.
   4. In the RR-10 zone, cluster and planned developments shall be allowed an equivalent density of one unit per 7.5 acres. Planned and cluster developments within one mile of an acknowledged urban growth boundary shall be allowed a five-acre minimum lot area or equivalent density.
   5. In an SURM zone, there shall be no minimum lot area for planned developments provided that the overall density shall not exceed eight dwelling units per acre.
2. Clear and Objective Standard pursuant to DCC 22.08.040: Partitions and subdivisions are subject to the applicable provisions of Title 17 and Title 18.