Except as otherwise provided in DCC Title 18, the lawful use of a building, structure, or land existing on the effective date of DCC Title 18, any amendment thereto or any ordinance codified therein may be continued although such use or structure does not conform with the standards for new development specified in DCC Title 18. A nonconforming use or structure may be altered, restored, or replaced subject to DCC 18.120.010. No nonconforming use or structure may be resumed after a one-year period of interruption or abandonment unless the resumed use conforms with the provisions of DCC Title 18 in effect at the time of the proposed resumption.

1. Expansion or Replacement of a Nonconforming Structure.
   1. Nonconforming Structure. For the purposes of DCC 18.120.010, a nonconforming structure is one that was lawfully established and violates current setbacks of DCC Title 18 but conforms with respect to use.
   2. Replacement or Expansion without Additional Encroachment in Setback Area. A nonconforming structure may be replaced with a new structure of the same size on the same structural footprint as the preexisting nonconforming structure or may be expanded with an addition that does not project into the required setback area at any point, subject to all other applicable provisions of DCC Title 18.
   3. Replacement or Expansion with Additional Encroachment in Setback Area. Replacement or expansion of a nonconforming structure that would involve an additional projection into the front, side, or rear setback area at any point along the structural footprint of the existing or preexisting structure may be allowed provided such additional projection into the setback area (1) does not exceed 900 square feet; (2) does not exceed the floor space of the existing or preexisting structure; (3) does not cause the structure to project further toward the front, side or rear property lines than the closest point of the existing or preexisting structure; and (4) meets the variance approval standards set forth in DCC 18.132.025(A)(1) through (4).
      Such replacements or expansions must conform with all other applicable provisions of DCC Title 18.
2. Expansion of a Nonconforming School in the Exclusive Farm Use Zone.
   1. Notwithstanding ORS 215.130, 215.213, 215.283 or DCC 18.16, 18.116, 18.124, 18.128, a public or private school, including all buildings essential to the operation of the school, formerly allowed pursuant to ORS 215.213(1)(a) or 215.283(1)(a), as in effect before January 1, 2010, may be expanded provided:
      1. The expansion complies with ORS 215.286;
      2. The school was established on or before January 1, 2009;
      3. The expansion occurs on a tax lot:
         1. On which the school was established; or
         2. Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which the school was established; and
      4. The school is a public or private school for kindergarten through grade 12.
   2. An expansion cannot be denied under DCC 18.120.010(B) upon any rule or condition establishing:
      1. A maximum capacity of people in the structure or group of structures;
      2. A minimum distance between structures; or
      3. A maximum density of structures per acre.
3. Verification of Nonconforming Use.
   1. Subject to the procedures set forth in DCC 18.120.010 and in DCC Title 22 for processing declaratory rulings, the planning division will verify whether or not a use constitutes a valid nonconforming use in accordance with the provisions of DCC 18.120.010 and applicable state law. Verification of the existence of a nonconforming use is required prior to or concurrent with any application to alter or restore the use.
   2. Subject to DCC 18.120.010(F)(2), the applicant shall demonstrate all of the following:
      1. The nonconforming use was lawfully established on or before the effective date of the provisions of the zoning ordinance prohibiting the use or had proceeded so far toward lawful completion as of the date it became nonconforming that a right to complete and maintain the use would be vested;
      2. The nonconforming use as it existed on the date it became nonconforming, considering the nature and the extent of the actual use of the property, has continued without abandonment or interruption; and
      3. Any alteration in the nature and extent of the nonconforming use was done in compliance with applicable zoning ordinance standards governing alterations of non-conforming uses.
   3. For purposes of determining whether an abandonment or interruption of use has occurred, the following shall apply:
      1. The reference period for determining whether an abandonment or interruption of a nonconforming use or an aspect thereof has occurred shall be one year.
      2. An abandonment or interruption in a use or portion thereof may arise from the complete cessation of actual use of a property for a one-year period or may arise from a change in the nature or extent of the use made of the property for a one-year period or more.
      3. An interruption or abandonment that constitutes less than full cessation of the use or a portion thereof may, in accordance with DCC 18.120.010(F)(4), result in a declaration of a continuing use, but of a lesser intensity or scope than what would have been allowable if the nature and extent of the use as of the date it became nonconforming had continued.
      4. Absent an approved alteration, a change in the nature of the use may result in a determination that the use has been abandoned or has ceased if there are no common elements between the activities of the previous use and the current use.
      5. Change of ownership or occupancy shall not constitute an interruption or abandonment, provided that, absent an approved alteration, the continuing use made of the property falls within the allowed scope of use made of the property by previous owners or occupants.
      6. Factors to be considered in determining whether there has been a change in the nature and/or extent of a use shall include, but are not limited to, consideration of the type of activities being conducted, the operating characteristics of the activities associated with the use (including off-site impacts of those activities), the frequency of use, the hours of operation, changes in structures associated with the use and changes in the degree to which the activities associated with the use occupy the site.
4. Maintenance of a nonconforming use. Normal maintenance of a verified nonconforming use or structure shall be permitted. Maintenance does not include alterations which are subject to DCC 18.120.010(E).
5. Restoration or replacement of a nonconforming use. A verified nonconforming use may be restored or replaced if all of the following criteria are met:
   1. Restoration is made necessary by fire, natural disaster, or other casualty;
   2. The nonconforming use is restored or replaced on the same location and is the same size or smaller than it was prior to the damage or destruction; and
   3. The restoration or replacement of the nonconforming use is commenced within one year of the damage or destruction.
6. Alteration of a nonconforming use.
   1. The alteration of a nonconforming use shall be permitted when necessary to comply with any lawful requirement.
   2. Any other alteration to a nonconforming use may be permitted subject to all applicable provisions of DCC Title 18, including site plan review and upon a finding that the alteration will have no greater adverse impact on the neighborhood.
   3. For the purposes of DCC 18.120.010(F)(2), an “alteration of a nonconforming use” shall include any change in the use of the property that would constitute a change in the nature or extent of the use of the property.
7. Procedure.
   1. Any application for verification of a nonconforming use or to expand, alter, restore, or replace a nonconforming use shall be processed in conformance with the applicable procedures set forth in DC 18.120.010 and the applicable procedures of DCC Title 22, the Deschutes County Uniform Development Procedures Ordinance.
   2. Notwithstanding DCC 22.20.010, the initial decision on an application for an alteration of a nonconforming use shall be made administratively, without a public hearing. The Planning Director may give prior notice of the pending application pursuant to DCC 22.20.020.
   3. Except as allowed by DCC 18.120.010(F)(3)(a), the burden of proof shall be on a verification applicant to prove the existence, continuity, nature and extent of the use.
      1. Notwithstanding DCC 22.24.050, if an applicant demonstrates by a preponderance of the evidence that the nature and extent of the use sought to be verified is of the same nature and extent as the use of the property for the ten-year period immediately preceding the application, without interruption or abandonment, it shall be presumed that the nonconforming use, as proven, lawfully existed at the time the use became nonconforming and has continued without interruption or abandonment until the date of application.
      2. The presumption may be rebutted by a preponderance of evidence showing that the use was unlawful prior to the time it became nonconforming, or that the use prior to the ten-year period was of a different nature or different in extent than the use, as proven, or that the use prior to the ten-year period was interrupted or abandoned. If the presumption is so rebutted, the presumption shall disappear and be of no further aid to the applicant.
   4. If the proof demonstrates the continued existence of a valid non-conforming use, but of a different nature or extent than that claimed by the applicant, the Hearings Body may declare there to be a valid nonconforming use to the extent proven.
   5. An approval of a verification, replacement or restoration of a nonconforming use verification shall not be conditioned; an approval shall be sufficiently detailed to describe the allowed parameters of the verified use. However, an approval of an alteration of a nonconforming use may be conditioned in a manner calculated to ensure mitigation of adverse impacts so that the change has no greater adverse impact to the neighborhood.
   6. After a decision has been rendered on an application for a verification of a nonconforming use (including any appeals provided for under DCC Title 22 and under state law), the applicant shall not be entitled to reapply under DCC 22.28.040 for another verification determination involving the same use of the property.

1. Any lot or parcel, or portion thereof, which is to be dedicated to a public or other entity for a road, canal, railroad, utility, or other public use shall be exempt from the minimum lot area requirements set forth by DCC Title 18.
2. Whereas land sections in the County are affected by survey adjustments, minimum requirements relative to lot areas, where applicable, shall be considered as standard metes and bounds land section division, (i.e., 160 acres, 80 acres, 40 acres, 20 acres, etc.); lot areas, therefore, may be reasonably smaller than set forth by DCC Title 18 if a total section acreage reduction is due to a survey adjustment or other man made barriers over which the applicant has had no control.
3. Any lot or parcel that is smaller than the minimum lot area required in any zone may be occupied by an allowed use in that zone provided that:
   1. The lot or parcel is a lot of record, as defined in DCC 18.04.030, Lot of record.
   2. The use conforms to all other requirements of that zone.
   3. If there is a lot area deficiency, duplexes and multi-unit dwellings are prohibited.
   4. All necessary permits are obtained.
4. Lots or parcels within the Rural Residential Zone (RR-10) that are separated by an arterial right of way created after June 30, 1993, shall be exempt from the minimum lot area of 10 acres. Such lots or parcels may be partitioned only as separated by the right of way and shall not have a lot area less than one acre.

The following exceptions to setback requirements may be authorized for a lot or parcel in any zone:

1. If there are buildings on both lots or parcels abutting an intervening lot or parcel that are within 100 feet of the intervening lot or parcel, and the buildings have front setbacks of less than the minimum required for the zone, the front setback for the intervening lot or parcel need not exceed the average measurement of the front setbacks of the abutting lots or parcels.
2. 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 lot line.
3. The following features are not subject to front, rear, or side setbacks:
   
   1. Steps, terraces, platforms, and porches having no roof covering;
   2. Utility infrastructure, at or below finished grade;
   3. Utility poles and transmission lines;
   4. Utility boxes not interfering with the vision clearance requirements;
   5. Outdoor improvements at finished grade, including, but not limited to, paved areas, driveways, or walkways;
   6. Signs conforming to the requirements of DCC Title 15 and Title 18;
   7. Fences conforming to the requirements of DCC 18.116.120.
4. An addition to an existing lawfully established dwelling unit which is within 100 feet of the ordinary high water line along a stream, river, or lake may be constructed provided the following are met:
   1. The addition is for an expansion of the dwelling unit;
   2. No part of the addition is closer to the stream, river, or lake than the existing dwelling unit’s structural footprint;
   3. The floor area for the addition is 900 square feet or less and does not exceed the floor area of the existing dwelling unit; and
   4. The addition conforms with all other applicable setbacks, zoning standards, and building limitations.
5. For applications reviewed under General/Discretionary Standards pursuant to DCC 22.08.040, dwelling units on lots or parcels created prior to November 1, 1979 may be granted an exception to the 100-foot setback from the ordinary high water line along a stream, river, or lake, pursuant to DCC 18.84.090, subject to DCC Title 22 and the following conditions in subsections (1) – (4). Applications reviewed under Clear and Objective Standards pursuant to DCC 22.08.040 are not eligible for this setback exception.
   1. An application shall be filed which includes:
      1. A detailed explanation of the planned development.
      2. An explanation of why an exception is necessary.
      3. A site plan, drawn to scale, and accompanied by such drawings, sketches, and descriptions necessary to describe and illustrate the proposed development. The site plan shall, at a minimum, include:
         1. An inventory of existing vegetation, including trees on the lot or parcel located within 200 feet of the ordinary high water line along the stream, river, or lake. The inventory shall be in sufficient detail to allow the review and evaluation of the impacts of the proposed development.
         2. Proposed modifications of the vegetation on the lot or parcel within 200 feet of the ordinary high water line along the stream, river, or lake, including the size, species, and approximate locations of existing vegetation to be retained and new vegetation proposed to be placed upon the site.
         3. Existing and proposed site contours.
         4. The locations and dimensions of all structures, lot lines, easements, ordinary high water marks, utilities, and uses.
         5. Other site elements and information that will assist in the evaluation of the proposed development.
      4. An explanation of how the proposed development will satisfy each of the exception criteria set forth in DCC 18.120.030(E)(4)(b).
   2. An exception may be granted only upon findings that:
      1. The structure to be sited is a dwelling unit with a structural footprint no greater than 40 feet in depth (including garages, carports, and decks);
      2. Adherence to the 100-foot setback would create a hardship, as defined in DCC 18.120.030(E)(3), preventing such a dwelling unit from being sited on the lot or parcel;
      3. The site plan protects and enhances the vegetative fringe between the dwelling unit and the stream, river, or lake to the degree necessary to meet the requirements set forth in the applicable goals and policies of the Comprehensive Plan; and
      4. A conservation easement providing that the elements of the site plan will be carried out and maintained as approved, in perpetuity, for the area between the ordinary high water line and the dwelling unit has been conveyed to the County.
   3. For the purposes of DCC 18.120.030, a hardship exists in one or more of the following situations:
      1. Adherence to setbacks required by the zoning ordinance in effect at the time of the application made under DCC 18.120.030 would prevent the dwelling unit from being sited on the lot or parcel, if the 100-foot setback were observed;
      2. The siting of a legal onsite wastewater septic system, placed on the lot or parcel prior to November 1, 1979, makes it impossible for the dwelling unit to meet the 100-foot setback;
      3. Any approved initial onsite wastewater septic system and replacement system other than a sand filter or an alternative treatment technology system cannot be sited on the lot or parcel in a manner that will allow the dwelling unit to meet the 100-foot setback requirement;
      4. If the only initial onsite wastewater septic sewage system for which approval can be obtained is a sand filter system or an alternative treatment technology system and such a system and its replacement system cannot be sited on the lot or parcel in a manner that will allow the dwelling unit to meet the 100-foot setback requirement; or
      5. Dwelling units exist on both abutting lots or parcels that are closer to the stream, river, or lake than the proposed dwelling unit and such existing dwelling units are located within 40 feet of the proposed dwelling unit. If utilization of a sand filter system or alternative treatment system as a replacement system will allow such a dwelling unit to meet the 100-foot setback, no exception shall be granted for reasons of on-site sewage disposal constraints.
   4. Dwelling units qualifying for a setback exception under the criteria set forth above shall be located as follows:
      1. Except as set forth in DCC 18.120.030(E)(4)(b), the dwelling unit must be located as far as possible from the ordinary high water line of the stream, river, or lake, allowing for the hardship constraints identified for the property.
         1. In instances where use of a sand filter system or alternative treatment system for a replacement system would allow the dwelling unit to be located further from the stream, river, or lake than if another type of replacement system were utilized, the dwelling unit shall be sited in a manner to allow only enough room for the approved initial onsite wastewater septic system and a sand filter system or alterative treatment technology system as a replacement system.
      2. Where a dwelling unit qualifies for a setback by virtue of DCC 18.120.030(E)(3)(e), the dwelling unit may be set back at a distance from the ordinary high water line consistent with the dwelling units on the abutting lots or parcels, but in no case shall any part of such dwelling unit be located closer to the ordinary high water line than a line extending between the points of the dwelling units on the abutting lots or parcels that are closest to the stream, river, or lake.

1. The following structures or structural parts are not subject to the building height limitations of DCC Title 18, except in the Airport Development Zone, Airport Safety Combing Zone, or Landscape Management Combining Zone:
   1. Chimneys and vents, not more than three feet six inches above the highest point of the roof;
   2. Vertical support structures for telephone and power transmission lines in utility easements or public rights-of-way, not requiring a site plan review as defined in DCC 18.124.060;
   3. Flagpoles not exceeding 40 feet;
   4. Agricultural buildings or equine facilities as defined in DCC 18.04.030 not exceeding 36 feet; and
   5. Amateur radio facilities as outlined in DCC 18.116.290.
2. For the purposes of calculating structural height, the following method may be used as a discretionary alternative when determining average grade:
   1. Perimeter Sampling Method: The average of eight measurements around the entire structural footprint perimeter, with the first measurement point starting at the lowest finished grade abutting the structure, and subsequent measurement points spaced equidistantly along the finished grade abutting the structure.
3. The following structures or structural parts may receive exceptions to the building height limitations of DCC Title 18 if approved as part of a Site Plan Review, as defined in DCC 18.124.060 and subject to the criteria contained therein. However, this exception does not supersede the more restrictive requirements that are found in the Airport Safety Combining Zone or Landscape Management Combining Zone:
   1. Non-commercial wind energy systems generating less than 100 kW of electricity;
   2. Public schools;
   3. Vertical support structures for telephone and power transmission lines requiring a site plan;
   4. Structures that are necessary for public safety; and
   5. Flagpoles.
4. For applications reviewed under General/Discretionary Standards pursuant to DCC 22.08.040, an exception (up to 36 feet) to the building height limitations for structures not otherwise exempted by DCC 18.120.040(A) may be approved upon findings consistent with subsections (1) through (5). Applications reviewed under Clear and Objective Standards pursuant to DCC 22.08.040 are not eligible for this building height exception.
   1. The structure is not located in a Landscape Management Zone, except when the structure is a single-unit dwelling with an attached hangar located in an unincorporated community and the structure has a maximum height of 35 feet including chimneys, antennas, flagpoles, or other projections from the roof of the structure;
   2. The structure is not located within 100 feet of any rimrock, as defined in DCC 18.04.030;
   3. After consultation with the applicable fire department, the proposed height does not exceed the height limitation of the department's fire fighting equipment, considering the evacuation of the building's occupants and the fire fighting requirements of the department;
   4. The proposed additional height will not adversely impact scenic views from existing nearby dwelling units; and
   5. The proposed structure shall relate harmoniously to the natural environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features.
5. An exception to building height limitations for agricultural buildings or equine facilities may be approved upon findings that the applicant meets the criteria listed in DCC 18.120.040(C)(1) through (3) and demonstrates that the proposed structure is:
   1. An agricultural building or equine facility as defined in DCC 18.04.030;
   2. Located in an EFU or Forest zone; and
   3. Necessary to conduct accepted farming practices as defined in ORS 215.203(2)(c). The applicant shall document satisfaction of this criterion by submitting evidence or testimony from an authorized representative of the Deschutes County Farm Bureau.

1. Fill or removal activities involving the removal of vegetation are permitted outright if the material to be filled or removed will not exceed 50 cubic yards in volume and such fill or removal activities are undertaken for the purpose of:
   1. Removal of diseased or insect-infested trees or shrubs or of rotten or damaged trees that present safety hazards, or
   2. Normal maintenance and pruning of trees and shrubs.
2. The following fill or removal activities may be authorized by the Planning Director or Hearings Body upon a finding that no adverse impacts will occur to the water resources of Deschutes County:
   1. Minor fill or removal required for vegetative enhancement, including excavation and preparation of the ground for planting additional vegetation.
   2. Fill or removal for maintenance and repair of existing bridges, dams, irrigation facilities and similar public and semipublic facilities, provided such fill or removal does not alter the existing characteristics of the stream, river or wetland.
   3. Fill or removal for maintenance and repair of nonconforming structures or boat docks.
   4. Emergency actions taken to mitigate fill or removal violations when such emergency actions are intended to have a beneficial impact on fish and wildlife habitat and are determined to be the actions with the least overall impacts on the surrounding area, considering hydrologic factors; impact on water quality, on aquatic life and habitat and wildlife and habitat; the recreational, aesthetic and economic values of the affected water resources; and existing stream bank stabilization problems.
   5. Fish and wildlife habitat enhancement projects approved or sponsored by the Oregon Department of Fish and Wildlife.
3. Fill or removal activities conducted by an Irrigation District involving piping work in existing canals and ditches within wetlands are permitted outright.