1. A conditional use listed in DCC Title 18 shall be permitted, altered or denied in accordance with the standards and procedures of this title; DCC Title 22, the Uniform Development Procedures Ordinance; and the Comprehensive Plan.
2. In the case of a use existing prior to the effective date of DCC Title 18 and classified in DCC Title 18 as a conditional use, any change in use or lot area or an alteration of structure shall conform with the requirements for a conditional use.

Except for those conditional uses permitting individual single-unit dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter:

1. The site under consideration shall be determined to be suitable for the proposed use based on the following factors:
   1. Site, design, and operating characteristics of the use;
   2. Adequacy of transportation access to the site; and
   3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards, and natural resource values.
2. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A).
3. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to ensure that the standard will be met.

In addition to the standards and conditions set forth in a specific zone or in DCC 18.124, the Planning Director or the Hearings Body may impose the following conditions upon a finding that additional restrictions are warranted.

1. Require a limitation on manner in which the use is conducted, including restriction of hours of operation and restraints to minimize environmental effects such as noise, vibrations, air pollution, glare, or odor.
2. Require a special setback or other open space or a change in lot area or lot dimension.
3. Require a limitation on the height, size, or location of a structure.
4. Specify the size, number, location, and nature of vehicle access points.
5. Increase the required street dedication, roadway width, or require additional improvements within the street right of way.
6. Designate the size, location, screening, drainage, surfacing, or other improvement of a parking or loading area.
7. Limit or specify the number, size, location, height, and lighting of signs.
8. Limit the location and intensity of outdoor lighting and require shielding.
9. Specify requirements for diking, screening, landscaping or other methods to protect abutting or nearby property and specify standards for installation and maintenance.
10. Specify the size, height, and location of any materials to be used for fencing.
11. Require protection and preservation of existing trees, vegetation, water resources, wildlife habita,t or other significant natural resources.
12. Require that a site plan be prepared in conformance with DCC 18.124.

The Planning Director or Hearings Body may require the applicant to furnish the County with a performance bond or other adequate form of assurance to guarantee development in accordance with the standards and conditions attached in granting a conditional use permit.

A conditional use shall comply with the standards of the zone in which it is located and with the standards and conditions set forth in DCC 18.128.050 through DCC 18.128.370.

The Planning Director or Hearings Body shall find that the location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties and that the location will not unnecessarily restrict existing and future development of surrounding lands as indicated in the Comprehensive Plan.

Before being issued a conditional use permit, an automobile wrecking yard or junkyard shall meet the following requirements:

1. The yard shall be enclosed and screened from public view by a sight-obscuring fence not less than six feet in height.
2. All automobiles, wrecked or otherwise, shall be kept inside the fenced area at all times, except that vehicles belonging to customers may be parked outside of the enclosed area while at the establishment or business.
3. All sales, display, storage, repair or other handling of products, merchandise, equipment and other articles shall occur from an enclosed building or within the fenced area.
4. If applicable, the proposal shall conform to state regulations.

The Planning Director or Hearings Body shall find that the terrain and soil types of a proposed location are suitable for internment, and that the nature of the subsoil and drainage will not have a detrimental effect on groundwater sources or domestic water supplies in the area of the proposed use.

1. Such a use shall be authorized as a conditional use only upon finding that sufficient area is provided for the building, required setbacks and off-street parking.
2. The applicant shall address the following issues in the application:
   1. Probable growth and needs thereof.
   2. Site location relative to land uses in the vicinity.
   3. Conformity with Deschutes County Road Department standards for proposed access to and from principal streets and the probable effect of the proposal on the traffic volume of abutting and nearby streets.
3. Such uses or related buildings shall be at least 30 feet from a side or rear lot line.
4. Except as provided in Section 18.80.028 of the A-S zone, such uses may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed the area of the site and if the setback dimensions in each case are equal to at least two-thirds of the height of the principal structure.

In considering the above, the Planning Director or Hearings Body may authorize the conditional use after it has been determined that the following will be provided:

1. Access from principal streets subject to Deschutes County Road Department standards.
2. Off-street parking subject to DCC 18.116.030.
3. Building and site design provisions, including landscaping, that will effectively screen neighboring uses from noise, glare, odor and other adverse impacts.
4. Playgrounds, religious institutions or assemblies, recreation facilities and community centers in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88.

The Planning Director or Hearings Body may authorize a dog pound or kennel as a conditional use provided that building and site design provisions are adequate to minimize noise and odor. When necessary to protect surrounding properties, the Hearings Officer may require a sight-obscuring fence or hedge and may restrict vehicular access and loading facilities, especially those required by trucks transporting large animals.

The Planning Director or Hearings Body may authorize a disposal site as a conditional use, subject to the following standards:

1. The proposed site shall not create a fire hazard, litter, insect or rodent nuisance, or air or water pollution in the area.
2. The proposed site shall be located in or as near as possible to the area being served.
3. The proposed site shall be located at least one-quarter mile from any existing dwelling unit or public road (except the access road).
4. The proposed site shall be provided with a maintained all-weather access road.
5. Applications for a conditional use permit to establish a commercial composting facility under this category shall also meet the following criteria:
   1. The proposed facility shall be effectively screened from adjacent residential uses and scenic roadways. The proposed facility may use existing topography and trees and/or introduced landscaped material.
   2. The proposed facility shall employ practices of material handling and processing that prevent noise and odors from impacting dwelling units at least one-quarter mile from the site.
   3. The proposed facility shall employ practices of material handling and processing that control debris and dust and ensure material is contained on site.

In any zone, these uses may be permitted conditionally subject to the following standards:

1. A sight-obscuring fence or evergreen hedge may be required by the Planning Director or Hearings Body when he finds such a fence or hedge or combination thereof is necessary to preserve the values of nearby properties or to protect the aesthetic character of the neighborhood or vicinity.
2. In addition to the requirements of the applicable zone, the Planning Director or Hearings Body may further regulate the placement and design of signs and lights in order to preserve the values of nearby properties, to protect them from glare, noise, or other distractions or to protect the aesthetic character of the neighborhood or vicinity.
3. In order to avoid unnecessary traffic congestion and hazards, the Planning Director or Hearings Body may limit access to the property.

A commercial amusement establishment may be authorized after consideration of the following factors:

1. Adequacy of access from principal streets together with the probable effect of traffic volumes on abutting and nearby streets.
2. Adequacy of off-street parking.
3. Adequacy of building and site design provisions to maintain a reasonable minimum of noise and glare from the building and site.

A manufactured dwelling park shall be built to state standards in effect at the time of construction, or in the case of pre-existing parks in MUA-10 and RR-10 zones, at the time of permitting under DCC 18.128.150, and the following provisions:

1. Evidence that the park will be eligible for a certificate of sanitation as required by state law.
2. The space provided for each manufactured dwelling shall be provided with piped potable water and electrical sewerage connections.
3. The number of spaces for manufactured dwellings shall not exceed 12 spaces for each acre of the total acres in the manufactured dwelling park. The Planning Director or Hearings Body may vary this density as follows:
   1. If dedicated open space equals 50 percent or more of the total area of the park, a 10 percent increase in spaces per acre may be granted.
   2. If, in addition to the amenity in DCC 18.128.150(C)(1), a maintained playground area with approved equipment such as goalposts, swings, slides, etc., is provided, an additional 5 percent increase in spaces per acre may be granted.
   3. If, in addition to the amenities in DCC 18.128.150(C)(1) and (2), a recreation/community building is provided, an additional 10 percent increase in spaces per acre may be granted. (Maximum total increase of spaces through application of DCC 18.128.150(C) = 25 percent.)
4. A manufactured dwelling pad shall occupy not more than 40 percent of the abutting space provided for the exclusive use of the occupants of the manufactured dwelling, exclusive of space provided for the common use of tenants, such as roadways, general use structure, parking spaces, walkways, and areas for recreation and landscaping.
5. No manufactured dwelling pad in the park shall be located closer than 15 feet from another manufactured dwelling pad or from a general use building in the park. No manufactured dwelling accessory building or other building or structure on a manufactured dwelling space shall be closer than 10 feet from a manufactured dwelling accessory building or other building or structure on another manufactured dwelling space. No manufactured dwelling pad or other building or structure shall be within 25 feet of a public street property boundary or 10 feet of a lot line.
6. Facilities shall be provided to assure that there will be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the management of the park.
7. The land which is used for park purposes shall be surrounded, except at entry and exit places, by a sight-obscuring fence or hedge not less than six feet in height.
8. If the park provides spaces for 50 or more manufactured dwelling units, each vehicular way in the park shall be named and marked with signs which are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the fire department.
9. The park shall have water supply mains designed to serve fire hydrants and hydrants shall be provided within 500 feet of such space or structure. Each hydrant within the park shall be located on a vehicular way.
10. A minimum of at least 2,500 square feet plus 100 square feet per manufactured dwelling space shall be provided for recreational play area, group or community activities. The Planning Director or Hearings Body may require this area to be protected from streets, parking areas or the like by a fence or the equivalent that conforms to fence regulations, but is at least 30 inches in height where allowed by fence ordinances. Unless otherwise approved, no required open space area shall contain less than 2,500 square feet. Recreation areas shall be improved with grass, plantings, surfacings or buildings suitable for recreational use. No recreation facility created within a manufactured dwelling park only to satisfy the requirements of DCC 18.128.150 shall be open to the general public.
11. A parking space shall be provided for each manufactured dwelling space on the site. Additional guest parking spaces shall be provided in every manufactured dwelling park within 200 feet of the manufactured dwelling spaces served, at a ratio of one parking space for each two manufactured dwelling spaces. Parking spaces shall have durable and dustless surfaces adequately maintained for all-weather use and shall be properly drained.
12. All manufactured dwelling parks over 10 acres in area shall be located with access on a street designated as a collector street.
13. All manufactured dwelling parks containing a total site area of five acres or more shall provide a secondary access to the trailer park. Such secondary access shall enter the public street system at least 150 feet from the primary access.
14. Lighting shall be installed along the access ways of the manufactured dwelling park and the recreation area with lights of 100 watts or better not over 100 feet apart. Wires for service to light poles and manufactured dwelling spaces shall be underground.
15. Roadways within the park shall be improved with an all-weather dustless surface and shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or less than 20 feet in width if parking is not permitted on the edge of the roadway and an adequate designated area is provided and improved for guest parking and tenant recreational vehicles.
16. All manufactured dwelling parks shall have a minimum lot area of one acre.
17. When expanding an existing manufactured dwelling park with additional manufactured dwelling or recreational vehicles spaces in MUA-10 or RR-10 zones as permitted therein, the park shall satisfy all of the criteria of DCC 18.128.150 and 18.128.170 as applicable to the existing developed areas as well as in the expansion area.

A multi-unit dwelling complex shall comply with the following provisions prior to occupancy:

1. The number of units permitted by the applicable zone per gross square footage of a site may be increased as follows:
   1. If dedicated open space which is developed and landscaped equals 50 percent or more of the lot area of the site, a maximum of 10 percent increase in the number of units may be granted.
   2. If in addition to open space as provided in DCC 18.128.160(A)(1), a maintained playground area with approved equipment such as goalposts, swings, slides, etc., is provided, the number of units permitted may be increased an additional five percent.
   3. If in addition to open space and playgrounds as provided in DCC 18.128.160(A)(1) and (2), an approved recreational community building is provided, an additional 10 percent increase of units may be granted.
   4. The maximum total increase in dwelling units made possible by development of open space, playgrounds, and recreational facilities shall be 25 percent of the number of units otherwise allowed.
2. There shall be no outdoor storage of furniture, tools, equipment, building materials, or supplies belonging to the occupants or management of the complex. Bicycle storage shall be allowed in the provided sheltered bicycle parking facilities (one parking space per unit for complexes of four units or more).
3. If the complex or any unit thereof is more than 500 feet from a public fire hydrant, such shall be provided at appropriate locations on a vehicular way and shall conform in design and capacity to the public hydrants in the nearest city.
4. A minimum of 2,500 square feet plus 100 square feet per dwelling unit shall be provided for recreation, including but not limited to, playgrounds, playing fields and facilities for group and community activities. The area shall be improved with grassy areas, landscaping, surfacing, equipment, or buildings suitable for recreational use. The Hearings Body may require recreational areas to be screened from streets, parking areas or other uses by a sight-obscuring fence. No play area is required if more than 70 percent of the area is preserved as open space and is improved and landscaped for recreational enjoyment.
5. All such complexes with more than 20 dwelling units shall be located to have access on a street designated as a collector unless otherwise approved by the Planning Director or Hearings Body.
6. All such complexes shall provide both an ingress and egress.
7. All roadways and parking areas shall be paved, and roadways shall not be less than 20 feet in width, except as approved by the Planning Director or Hearings Body.
8. A sight-obscuring fence or evergreen hedge may be required by the Planning Director or Hearings Body when such screening is necessary to preserve the values of nearby properties, protect the aesthetic character of the neighborhood or vicinity and provide security for occupants of the subject complex.
9. All accessory structures associated with such a complex shall have a minimum setback of 50 feet from any lot line abutting a single-unit dwelling residential lot, parcel, or use.
10. Sewer and water facilities shall be provided according to Oregon Department of Environmental Quality standards.

A recreational vehicle park shall conform to state standards in effect at the time of construction, or in the case of pre-existing parks in the MUA-10 and RR-10 zone, at the time of permitting under DCC 18.128.170, and the following conditions:

1. The space provided for each recreational vehicle shall be not less than 700 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, parking spaces for vehicles other than recreational vehicles, and landscaped areas.
2. Roadways shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or not less than 20 feet in width if parking is not permitted on the edge of the roadway and shall be paved with asphalt, concrete, or similar impervious surface and designed to permit easy access to each recreational vehicle space.
3. A space provided for a recreational vehicle shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff of surface water. The part of the space which is not occupied by the recreational vehicle, not intended as an access way to the recreational vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is landscaped or otherwise treated to prevent dust or mud.
4. A recreational vehicle space shall be provided with piped potable water and sewage disposal service. A recreational vehicle staying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service.
5. A recreational vehicle space shall be provided with electrical service.
6. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park and located in such number and of such capacity that there is no uncovered accumulation of trash at any time.
7. No recreational vehicle shall remain in the park for more than 30 days in any 60 day period.
8. The total number of parking spaces in the park, except for the parking provided for the exclusive use of the manager or employees of the park, shall be one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material.
9. The park shall provide toilets, lavatories and showers for each sex in the following ratios: For each 15 recreational vehicle spaces or any fraction thereof, one toilet, one urinal, one lavatory and one shower for men; two toilets, one lavatory and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a soundproof wall.
10. The park shall provide one utility building or room containing one clothes washing machine, one clothes drying machine and 15 square feet of space for clothes drying lines for each 10 recreational vehicle spaces or any fraction thereof, unless such facilities are available within a distance of three miles and are adequate to meet these standards.
11. Building spaces required by DCC 18.128.170(I) and (J) shall be lighted at all times of night and day, shall be ventilated, shall be provided with heating facilities which shall maintain a room temperature of 68 degrees Fahrenheit, shall have floors of waterproof material, shall have sanitary ceiling, floor and wall surfaces and shall be provided with floor drains adequate to permit easy cleaning.
12. Except for the access roadway into the park, the park shall be screened on all sides by a sight-obscuring fence not less than six feet in height, unless otherwise approved by the Planning Director or Hearings Body.
13. A neat appearance shall be maintained at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park.
14. Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law.
15. Access to the recreational vehicle park shall be from an arterial or collector street.
16. When expanding a recreational vehicle park with additional recreational vehicle or manufactured dwelling spaces in the MUA-10 or RR-10 zone, the park shall satisfy all of the criteria of DCC 18.128.150 and 18.128.170 as applicable, as to the existing developed areas as well as in the expansion area.

1. In a residential zone, all equipment storage on the site may be required to be within an enclosed building.
2. The use may be required to be fenced and landscaped.
3. The minimum lot area for a public utility facility may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent property.
4. Transmission towers, posts, overhead wires, pumping stations and similar installations shall be located, designed, and installed to minimize conflicts with scenic values.

1. Secondary schools shall provide a site area of 10 acres plus one additional acre for each 100 pupils of predicted ultimate enrollment.
2. Notwithstanding DCC 18.128.190(A), private academic secondary schools with an enrollment of fewer than 50 students shall provide a minimum site area of one acre for every 10 students of predicted ultimate enrollment, with a minimum site area of not less than two acres.
3. Schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88.

1. Such uses may be authorized as a conditional use only after consideration of the following factors:
   1. Need for residential uses in the immediate area of the proposed development.
   2. Environmental, social and economic impacts likely to result from the development, including impacts on public facilities such as schools and roads.
   3. Effect of the development on the rural character of the area.
   4. Effect of the development on agricultural, forestry, wildlife or other natural resource uses in the area.
2. The conditional use shall not be granted unless the following findings are made:
   1. All development and alterations of the natural landscape, will be limited to 35 percent of the lot area and at least 65 percent of the lot area shall be kept in open space. In cases where the natural landscape has been altered or destroyed by a prior land use, such as surface mining, dam construction, or timber removal, the County may allow reclamation and enhancement of the open space area if enhancement creates or improves wetlands, creates or improves wildlife habitat, restores native vegetation, or provides for agricultural or forestry use of the property after reclamation.
   2. The area not dedicated to open space or common use may be platted as dwelling unit lots or parcels with a minimum lot area of two acres and a maximum lot area of three acres. Their use shall be restricted to single-unit dwelling use. Single-unit dwelling use may include accessory uses and County authorized home occupations. Uses permitted in the open space area may include the management of natural resources, trail systems, or other outdoor uses that are consistent with the character of the natural landscape.
   3. In the Wildlife Area Combining Zone, in addition to compliance with the WA zone development restrictions, uses and activities must be consistent with the required Wildlife Management Plan. The Plan shall be approved if it proposes all of the following in the required open space area:
      1. Preserves, protects, and enhances wildlife habitat for WA zone protected species as specified in the Deschutes County Comprehensive Plan; and
      2. Prohibits golf courses, tennis courts, swimming pools, marinas, ski runs, or other developed recreational uses of similar intensity. Low intensity recreational uses such as properly located bicycle, equestrian and pedestrian trails, wildlife viewing areas, and fitness courses may be permitted; and
      3. Provides a supplemental, private open space area on dwelling unit lots or parcels by imposing a special setback of 100 feet on lot lines abutting required open space areas. In this setback area, no structures other than fences consistent with DCC 18.88.070 may be constructed. The size of the setback area may be reduced during development review if the County finds that, through the review of the wildlife management plan, natural landscape protection, or wildlife values will achieve equal or greater protection through the approval of a reduced setback. In granting an adjustment, the County may require that a specific building envelope be shown on the final plat or may impose other conditions that assure the natural resource values relied upon to justify the exception to the special setback requirements will be protected.
      4. Off-road motor vehicle use shall be prohibited in the open space area.
      5. Adequate corridors on the cluster property to allow for wildlife passage through the development.
   4. All lots or parcels within the development shall be abutting one another except for occasional corridors to allow for human passage, wildlife travel, natural features such as a stream or bluff, or development of property divided by a public road which shall not be wider than the average lot width, unless the Planning Director or Hearings Body finds that special circumstances warrant a wider corridor.
   5. All applicable subdivision or partition requirements contained in DCC Title 17, the Subdivision/Partition Ordinance, shall be met.
   6. The total number of units shall be established by reference to the lot area standards of the applicable zoning district and combining zones.
   7. The open space of the proposed development shall be platted as a separate lot or parcel or in common ownership of some or all of the clustered lots or parcels. For any open space or common area provided as a part of the cluster development, the owner shall submit proof of deed restrictions recorded in the County records. The deed restrictions shall preclude all future rights to construct a dwelling unit on the lot, parcel, or tract designated as open space or common area for as long as the lot, parcel, or tract remains outside an urban growth boundary. The deed shall also assure that the use of the open space shall be continued in the use allowed by the approved cluster development plan, unless the whole development is brought inside an urban growth boundary. If open space is to be owned by a homeowner’s association or if private roads are approved, a homeowner’s association must be formed to manage the open space and/or road areas. The bylaws of the association must be recorded prior to or concurrent with the filing of the final plat. If the open space is located within the Wildlife Area Combining Zone, the management plan for the open space must be recorded with the deed restrictions or bylaws of the homeowner’s association.
   8. Notwithstanding any provision to the contrary in other parts of the County’s land use regulations, roads within a cluster development may be private roads and lots or parcels may be created that have street frontage on private roads only. These roads must meet the private road standards of DCC Title 17, and are not subject to public road standards under DCC Title 17. An agreement acceptable to the Road Department and County Legal Counsel shall be required for the maintenance of private roads. Public roads may be required where street continuation standards of DCC Title 17 call for street connections and the County finds that the benefits of street extension are significant and needed in the future, given the established pattern of street development on abutting properties and transportation distribution needs. The area dedicated for public road rights of way within or abutting a planned or cluster development or required by the County during cluster development review shall be subtracted from the lot area of the cluster development prior to calculating compliance with open space requirements.
   9. All service connections shall be the minimum length necessary and underground where feasible.
   10. The number of new dwelling units to be clustered does not exceed 10.
   11. The number of new lots or parcels to be created does not exceed 10.
   12. The development is not to be served by a new community sewer system or by any new extension of a sewer system from within an urban growth boundary or from within an unincorporated community.
   13. The development will not force a significant change in accepted farm or forest practices on nearby lands devoted to farm or forest use, and will not significantly increase the cost of accepted farm or forest practices there.
   14. All dwelling units in a cluster development must be setback a minimum of 100 feet from the lot line of an abutting lot or parcel zoned Exclusive Farm Use that is receiving special assessment for farm use.
3. All applications shall be accompanied by a plan with the following information:
   1. A plat map meeting all the subdivision requirements of DCC Title 17, the Subdivision/Partition Ordinance.
   2. A draft of the deed restrictions required by DCC 18.128.200(B)(7).
   3. A written document establishing an acceptable homeowners association assuring the maintenance of common property, if any, in the development. The document shall include a method for the resolution of disputes by the association membership, and shall be included as part of the bylaws.
   4. In the WA Combining Zone, the applicant shall submit an evaluation of the property with a Wildlife Management Plan for the open space area, prepared by a wildlife biologist that includes the following:
      1. A description of the condition of the property and the current ability of the property to support use of the open space area by wildlife protected by the applicable WA zone during the periods specified in the comprehensive plan; and
      2. A description of the protected species and periods of protection identified by the comprehensive plan and the current use of the open space area; and
      3. A management plan that contains prescriptions that will achieve compliance with the wildlife protection guidelines in the comprehensive plan. In overlay zones that are keyed to seasons or particular times of the year, restrictions or protections may vary based on the time of year. The management plan may also propose protections or enhancements of benefit to other types of wildlife that may be considered in weighing use impacts versus plan benefits.
   5. Photographs and a narrative description of the natural landscape features of the open space areas of the subject property. If the features are to be removed or developed, the applicant shall explain why removal is appropriate.
   6. A description of the forestry or agricultural uses proposed, if any.
4. Dimensional Standards:
   1. Setbacks and height limitations shall be as prescribed in the zone in which the development is proposed unless adequate justification for variation is provided the Planning Director or Hearings Body.
   2. The minimum lot area for a cluster development shall be determined by the zone in which it is proposed.
5. Conditions for phased development shall be specified and performance bonds shall be required by the Planning Director or Hearings Body to assure completion of the project as stipulated, if required improvements are not completed prior to platting.
6. Developments with private roads shall provide bicycle and pedestrian facilities that comply with the private road requirements of Title 17.
7. Bicycle and pedestrian connections shall be provided at the ends of cul-de-sacs, at mid-block, between subdivision plats, etc., in the following situations. Connections shall have a 20-foot right of way, with at least a 10-foot wide useable surface, shall be as straight as possible, and shall not be more than 400 feet long.
   1. Where the addition of a connection would reduce the walking or cycling distance to an existing or planned transit stop, school, shopping center, or neighborhood park by 400 feet and by at least 50 percent over other available routes.
   2. For schools or commercial uses where the addition of a connection would reduce the walking or cycling distance to an existing or planned transit stop, school, shopping center, or neighborhood park by 200 feet or by at least 50 percent over other available routes.
   3. For cul-de-sacs or dead end streets where a street connection is determined by the Hearings Officer or Planning Director to be unfeasible or inappropriate provided that a bicycle or pedestrian connection is not required where the logical extension of the road that terminates in a cul-de-sac or dead end street to the nearest boundary of the development would not create a direct connection to an area street, sidewalk or bikeway.
   The County may approve a cluster development without bicycle or pedestrian connections if connections interfere with wildlife passage through the subdivision, harm wildlife habitat or alter landscape approved for protection in its natural state.
8. A Conditions of Approval Agreement for the cluster development shall be recorded prior to or concurrent with the final plat for the development.

1. Such uses may be authorized as a conditional use only after consideration of the following factors:
   1. Proposed land uses and densities.
   2. Building types and densities.
   3. Circulation pattern, including bicycle and pedestrian circulation, and a demonstration of how those facilities connect to the County transportation facilities. Private developments with private roads shall provide bicycle and pedestrian facilities.
   4. Bicycle and pedestrian connections shall be provided at the ends of cul-de-sacs, at mid-block, between subdivision plats, etc., wherever the addition of such a connection would reduce the walking or cycling distance to a connecting street by 400 feet and by at least 50 percent over other available routes. These connections shall have a 20-foot right of way, with at least a 10-foot wide useable surface, and should not be more than 100 feet long if possible.
   5. Parks, playgrounds, open spaces.
   6. Existing natural features.
   7. Environmental, social, energy, and economic impacts likely to result from the development, including impacts on public facilities such as schools, roads, water and sewage systems, fire protection, etc.
   8. Effect of the development on the rural character of the area.
   9. Proposed ownership pattern.
   10. Operation and maintenance proposal (i.e., homeowners association, condominium, etc.).
   11. Waste disposal facilities.
   12. Water supply system.
   13. Lighting.
   14. General timetable of development.
2. The conditional use may be granted upon the following findings:
   1. All subdivision restrictions contained in DCC Title 17, the Subdivision/Partition Ordinance, shall be met.
   2. The proposed development conforms to the Comprehensive Plan.
   3. Any exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program.
   4. The proposal is in harmony with the surrounding area or its potential future use.
   5. The system of ownership and the means of developing, preserving, and maintaining open space is adequate.
   6. That sufficient financing exists to assure the proposed development will be substantially completed within four years of approval.
   7. Sixty-five percent of the lot area is to be maintained in open space.
   8. Adequate provision is made for the preservation of natural resources such as bodies of water, natural vegetation, and special terrain features.
3. All applications for planned developments shall include the materials and information required for approval of a subdivision as specified in DCC Title 17, the Subdivision/Partition Ordinance and the materials and information required for approval of a conditional use as specified in DCC Title 18.
   1. Approval for the conditional use application and the planned development application may be given simultaneously.
4. Dimensional Standards:
   1. Setbacks and height limitations shall be as determined by the Planning Director or Hearings Body upon review of the evidence submitted.
   2. Densities shall not exceed that established by the underlying zone.
   3. The minimum lot area, width, frontage, and setback requirements otherwise applying to individual structures in the zone in which a planned development is proposed do not apply within a planned development. An equivalent overall density factor may be utilized in lieu of the appropriate minimum lot area.
   4. The minimum lot area for a planned development shall be 40 acres.
5. Any commercial use permitted outright in an area zoned as an unincorporated community as that term is defined herein will be allowed in a planned development, subject to the following conditions:
   1. Each use shall be wholly enclosed in a building.
   2. The total area of such uses shall not exceed three percent of the lot area of the planned development.

1. Such uses may be authorized as a conditional use only after consideration of the factors listed in DCC 18.128.210(A).
2. The conditional use may be granted upon the findings specified in DCC 18.128.210(B), except that there must be an additional finding that the planned community will actually function as an independent community.
3. All applications shall be submitted in the form and with the materials required of subdivisions as required by DCC Title 17, the Subdivision/Partition Ordinance, and shall also meet the requirements of DCC Title 18 for the approval of conditional uses.
4. Dimensional standards shall be determined as specified in DCC 18.128.210(D), except that the minimum lot area for a planned community shall be 640 acres.
5. Phased development of the project may be permitted if agreed to by the Planning Director or Hearings Body at the time of the initial application. Conditions of approval for phased development shall be specified and performance bonds required by the Planning Director or Hearings Body to assure completion of the project as stipulated.

1. Such uses may be authorized as a conditional use only after consideration of the factors listed in DCC 18.128.210(A).
2. The conditional use may be granted upon the findings specified in DCC 18.128.220(B).
3. All applications shall be submitted in the form and with the materials required of subdivisions by DCC Title 17, the Subdivision/Partition Ordinance, and shall also meet the requirements in DCC Title 18 for the approval of conditional uses.
4. Dimensional standards are the same as those in DCC 18.128.210(D), except that the density of a dude ranch may be greater or less than the density of the underlying zone upon findings by the Planning Director or Hearings Body that the change is warranted and that the proposed density does not violate the purpose of the underlying zone or other terms of DCC Title 18.
5. Phased development of the project may be permitted if agreed to by the Planning Director or Hearings Body at the time of the initial application. Conditions of approval for phased development shall be specified and performance bonds required by the Planning Director or Hearings Body to assure completion of the project as stipulated.

Such uses may be authorized as a conditional use only after a determination is made by the Planning Director or Hearings Body.

1. That the public interest will be served by approval of the proposal based on analysis of environmental, social and economic and energy impacts likely to result from the development. Analysis may include, but not be limited to, consideration of impacts on public facilities such as roads, water supplies, sewer systems and police and fire protection.
2. That the entire complex shall be completed within two years or a master plan shall be submitted that explains the phased development of the project. The master plan shall specify a timetable of completion for all phases of the project. The master plan shall be fully implemented within five years or an extension shall be sought subject to the terms of DCC Title 22, the Uniform Development Procedures Ordinance.
3. That there is adequate area for the buildings, landscaping, parking, septic systems and access to serve the proposed development.
4. That the use is consistent with the character of the area and is not detrimental to the land use pattern of the area.
5. That the proposed shopping complex is to be developed and managed as a total entity, with a plan for maintenance of all elements of the site plan.
6. The proposed shopping complex is appropriate for serving the needs of rural residents in the area.
7. The proposed shopping complex will not attract residents outside the rural area to be serviced.

1. Applicants shall provide the following information:
   1. Project Description. A detailed narrative which describes the applicant’s plan of operations for exploration, production, utilization, and/or injection. This description shall include estimated starting and completion dates for each activity or phase of the project. It shall also include a concise but comprehensive discussion of the project’s expected environmental impacts. This narrative shall also include as an exhibit a statement describing the applicability of all local, state or federal inventories of Statewide Planning Goal 5 resources in the project vicinity.
   2. Maps. As may be required by the Planning Director or Hearings Body, maps shall be submitted on readily reproducible transparencies as follows:
      1. A topographic map, of a scale not less than one inch to one-half mile, on which the following are shown: All pertinent property ownership and geothermal lease boundaries; the location of all proposed, existing and abandoned geothermal wells and/or energy facilities; all existing and planned access roads; major drainage patterns of the project’s operational area; and significant environmental features and natural resource locations, including but not limited to: Mineral or aggregate deposits, fish and wildlife habitats, ecologically or scientifically notable natural area, outstanding scenic views, wetlands, surface water bodies, wilderness areas, historic and cultural sites, and recreation trails and facilities.
      2. A map of the project site, of a scale not less than one inch to 50 feet, on which is shown a detailed layout of all drilling pads, sumps, equipment, buildings, pipelines, power lines, and related facilities.
      3. Other specialized maps, plans or drawings as may be required by the Planning Director or Hearings Body, including but not limited to: A larger-scale map to show any of the foregoing information if details cannot be satisfactorily indicated on the smaller scale map; detailed engineering drawings for any construction at a location on steep terrain, potentially unstable ground or other geologically or environmentally sensitive areas; and engineering drawings of new road construction or existing road modification when such roads are in rugged terrain, or pass through or near environmentally sensitive areas.
   3. Emergency Contingency Plan. A detailed emergency contingency plan which addresses prevention or control of fires, blow-outs, pollution incidents, accidents, injuries and adverse weather conditions. This plan shall describe the following:
      1. How the emergency will or might affect the applicant’s operations; or endanger personnel, public health, safety, or the environment.
      2. Measures proposed to prevent, control, mitigate or minimize the possible negative effects of emergency incidents.
      3. Procedures for training and instructing personnel as to proper procedures for preventing, controlling or minimizing the impacts of emergency incidents.
      4. Where and how stand-by emergency control equipment and services are to be obtained in the event of an emergency incident.
      5. Notification list with order of notification, including names, telephone numbers and addresses of the applicant’s responsible officials and those of applicable emergency service agencies.
      6. Where and how first aid, and minor and major medical aid will be obtained if needed during work on the project.
   4. For drilling applications, a narrative and diagrammatic description of the following:
      1. The type and capacity of drilling equipment to be used.
      2. The expected drilling schedule.
      3. The drilling method to be used; type of circulating media to be used, (e.g., water, mud, foam, air, or combination thereof); chemical additives to be used; circulating media cooling measures to be employed; and amounts of reserve circulating media and water to be kept on the drill site. If toxic materials are to be used, protective measures must be explained in detail.
      4. The number and type of workers to be employed during drilling.
      5. The safety provisions and emergency shutdown procedures to be used for protection of the public health and environment.
      6. The planned use, source, quality, and consumption rate for any outside water supply.
      7. The method and locations for disposal of wastes.
      8. A description of the intended site restoration procedures to be used after completion of drilling.
      9. When approved by the Planning Director or Hearings Body, applications for prospect wells, as defined by ORS 522.005(15), may satisfy the information requirements of DCC 18.128.250(A)(1) through (4), above by submission of a copy of the applicant’s prospect well permit application to the Oregon Department of Geology & Mineral Industries.
   5. For energy facility applications, a narrative and diagrammatic description of the following:
      1. The structures, equipment, and support facilities to be used in the project and their manner of operation.
      2. A description of the purpose and operational characteristics of the major components in the energy facility, including schematic flow diagrams.
      3. An artist’s rendering which illustrates the visual appearance of the facility and its immediate environs after completion.
      4. A time schedule for the installation and start-up of the facility.
      5. The number and type of construction and permanent workers to be employed at the facility.
      6. The safety provisions and emergency shutdown procedures to be used in the facility for protection of the public health and environment, including a schedule for testing and maintaining safety devices.
      7. The planned use, source, quality, and consumption rate for any outside water supply.
      8. The method and locations for disposal of wastes.
      9. A description of facility monitoring to assure continuing compliance with applicable noise, air, and water quality standards and regulations and for other potentially significant environmental impacts.
      10. A description of the intended abandonment and site restoration procedures to be used if and when the facility is permanently taken out of operation.
2. The siting, drilling, operation and abandonment of wells and energy facilities shall comply with the following standards:
   1. Excluded Areas. No activity shall be permitted in inventoried natural resource areas, as defined by Oregon Statewide Planning Goal 5, which the County has determined to be unsuitable for any use other than the inventoried natural resource pursuant to Geothermal Policy 4(f) of the Comprehensive Plan.
   2. Scenic Protection. Activities shall be designed and conducted to be as compatible as practical with surrounding scenic and visual characteristics. Energy facilities shall be designed to minimize their visual profile and they shall be painted or prepared to be nonreflective and of colors which blend with and reduce contrast with surrounding landscape colors.
   3. Fish and Wildlife Protection. Activities shall be designed, conducted, and monitored, so as to assure protection of surrounding fish and wildlife resources. Activities shall not encroach upon or jeopardize habitat areas which are necessary to sustain local or migratory populations of fish and wildlife determined by the County to be significant.
   4. Protection of Historic and Cultural Resources. Activities shall be designed and conducted to avoid disturbance of historic and cultural resources. If such resources are discovered, the applicant shall cease construction or operations and inform the County of the discovery within 48 hours. Thereafter, the applicant shall submit a plan for preservation and interpretation of such resources and implement the plan before resumption of construction or operations.
   5. Access Roads. Activities shall be designed and constructed to utilize existing roads as much as practical.
   6. Signs. All well and facility sites shall have a sign of not less than three, nor more than six, square feet in surface area prominently erected, which displays the site’s name or identification number; the operator’s name, address, and phone number; the name and phone number of the operator’s representative to be contacted in the event of an emergency.
   7. Earth Work. Drill pads, pipeline routes, facility sites, and roads shall be designed and constructed as follows:
      1. Plans for drill pads, pipelines, facility sites, and roads shall be prepared by a registered civil engineer.
      2. Upon commencement of site work, topsoil shall be removed and stockpiled for later respreading over disturbed areas prior to revegetation in accordance with DCC 18.128.250(C). Except for large stumps, vegetation removed during initial site work shall be chipped, stockpiled, and respread with topsoil. Stumps shall be buried outside of fills. Vegetation beyond the site perimeter shall not be disturbed; the clearing limits for the site shall be specified in plans submitted to the County. Buffer zones of undisturbed soil and vegetation shall be maintained for 500 feet on either side of stream courses. Roads and pipelines crossing riparian areas shall be designed and constructed at minimum widths and in consideration of maximum erosion control.
      3. Fills shall be compacted to a minimum of 90 percent relative density (ASTM D-1557) to minimize erosion. If significant erosion occurs, the applicant shall take prompt remedial action.
      4. Fill slopes shall not exceed a gradient of 2:1. The toes of all fills shall be stabilized with rock or keyed into stable soil and placed to reduce erosion potential to an absolute minimum. Revegetation of fill slopes shall be carried out subject to DCC 18.128.250(C). Cut slopes shall not exceed a gradient of 1.5:1. Modification of these slope gradients may be made upon written approval of the Deschutes County Public Works Director.
      5. Subdrains shall be provided under all fills where natural drainage courses and seepage are evident.
      6. No drill pads, pipelines, facility sites, or access roads shall be allowed on potentially active landslides.
      7. Grading and filling shall be designed to channel storm runoff to existing natural drainages. Energy dissipaters and collection devices to reduce the erosion force of unnatural runoff shall be provided.
      8. Sumps shall be designed to withstand both static loads and dynamic loads imposed by potential seismic events. Sumps shall be constructed of material compacted to a minimum of 90 percent relative density (ASTM D1557), and shall be lined with either clay or an equivalent impermeable membrane. Safety fencing may be required.
      9. Sumps shall be operated in a way that will preclude overtopping. Three feet of free board shall be maintained at all times when sumps are in use. Upon completion of drilling and testing, sumps shall be purged of environmentally harmful chemicals and precipitates and backfilled immediately.
   8. Pipelines. All pipelines shall be designed and constructed in accordance with applicable state standards. Pipelines shall be subsurface at road crossings, unless it is demonstrated that no significantly adverse visual impacts will result from above-ground crossings. In no case shall pipelines impede vehicular traffic. Catch basins and drainages to acceptable receptacles shall be installed and continuously maintained in order to contain condensate.
   9. Noise. Activities shall be conducted in compliance with Oregon Department of Environmental Quality noise standards. Noise from drilling and facility operation shall be muffled and times of operation limited to prevent a public nuisance as defined by DEQ. The County may require noise monitoring and reporting over and above that required by the Department of Environmental Quality.
   10. Fire Protection. Activities shall be designed and conducted to provide fire protection measures acceptable to the County, any abutting land management agency and any fire district in which the project is located.
   11. Waste Disposal. All wastes generated by a project, including but not limited to refuse, drilling fluids, drill cuttings, sand, precipitates, and other solids shall be disposed of in a manner and at a location in conformance with Oregon Department of Environmental Quality standards.
   12. Public Safety. Activities shall be designed and conducted to prevent access by unauthorized persons to unattended equipment and operational areas.
   13. Air Quality. Activities shall be designed and conducted to comply with the air quality standards of the Oregon Department of Environmental Quality. Operational areas and access roads shall be regularly sprinkled with clean water to control dust. Except for prospect drilling, as defined by ORS 522.005(15), the County may require establishment of a meteorological station and meteorological monitoring at the site.
   14. Water Quality. Activities shall be designed and conducted to comply with the water quality standards of the Oregon Department of Environmental Quality. The equipment service and fuel transfer areas, and the area occupied by drilling rigs shall drain into sumps. No fluids of any type shall be allowed to enter stream courses.
   15. Subsidence and Induced Seismicity. Activities shall be designed and conducted to minimize the potential for land subsidence or induced seismicity which could result from the withdrawal and/or injection of geothermal fluids. Except for prospect drilling, as defined by ORS 522.005(15), the County may also require establishment of a monitoring program to gauge such impacts during operations. If either subsidence or induced seismicity is determined by the County to present a significant hazard, the County may require remedial action including, but not limited to, reduced production rates, increased injection of waste water or other nontoxic fluids or suspension of production.
   16. Clean-up. Upon completion of each phase of a project, the site shall be promptly cleared of all trash, refuse and other waste material. All drilling equipment shall be removed from well pads within 60 days of the completion of a well.
   17. Well Drilling Completion Notice. Applicants shall notify the County in writing of completed well drilling and testing within seven days of said completion. Applicants shall notify the County in writing of suspended drilling within seven days of said suspension, when such suspension is expected to last longer than 180 days.
   18. Standby Wells. Wells which have encountered geothermal resources and which are awaiting connection to a pipeline or energy facility shall be maintained at a minimum steam-bleeding rate in compliance with Oregon Department of Geology and Mineral Industry standards. The area surrounding the wellhead pads of standby wells and producing wells shall be subject to the revegetation requirements of DCC 18.128.250(C).
   19. Re Entry of Wells. Applicants may redrill or otherwise re-enter the same well-bore of any well for which a conditional use permit has already been issued as long as all conditions for the use permit continue to be met.
   20. Site Abandonment and Restoration. When a well or facility is permanently abandoned, the applicant shall remove all equipment, structures and other related material within 180 days from the date operations cease. Thereafter, the applicant shall regrade the area of operations to match original land contours as closely as practical and shall revegetate the area subject to DCC 18.128.250(C).
3. Revegetation. Following the completion of well drilling, or the permanent abandonment of a well or facility, the applicant shall revegetate the area of operations as follows:
   1. Previously stockpiled topsoil and chipped vegetation shall be respread over disturbed areas prior to reseeding.
   2. Disturbed areas shall be reseeded with native plants and grasses in the first fall following completion of drilling or site abandonment. Temporary fencing of reseeded areas may be required to facilitate revegetation. The revegetation shall be evaluated by the County during the first spring following initial reseeding, and if determined to have resulted in less than a 75 percent survival rate, additional revegetation shall be required in the immediately succeeding fall season.

1. The criteria set forth below shall apply to any construction or expansion of, or other modification to, hydroelectric facilities in zones where such facilities are permitted as a conditional use. A conditional use permit may be granted for the construction or expansion of, or other modification to, a hydroelectric facility only upon findings by the Planning Director or Hearings Body that the proposal meets each of the following criteria, where applicable:
   1. The facility is located at and physically connected to an existing man-made diversion or impoundment.
   2. The facility will not increase the maximum surface area or capacity of the impoundment created by the existing dam or diversion to which the facility will be connected.
   3. The facility will maintain or enhance to the greatest extent possible the existing scenic, visual, environmental, and aesthetic qualities of the affected stretch of the river.
   4. The facility will maintain or enhance the existing recreational opportunities on or abutting the affected stretch of the river.
   5. The facility will maintain or enhance existing fish and wildlife habitat and will have no adverse impact upon any threatened or endangered fish, wildlife, or plant species or their habitat.
   6. The facility and its operation will maintain or enhance existing water quality in the affected stretch of the river except during construction of the facility when adverse impacts on water quality will be minimized. Specifically, the facility and its operation will not:
      1. Deposit or create a zone for the deposit of sediments in the river at or adjacent to the site;
      2. Increase the temperature of the river in the affected stretch by any means, including, but not limited to removal of vegetation or reduction in streamflow; or
      3. Create the potential for or result in spillage, leakage or discharge of oil, waste products, chemicals, or other substances which could reach the river.
   7. The facility and its operation will not increase soil or bank erosion or destroy bank habitat at or on land adjacent to the site except during construction of the facility, during which time soil or bank erosion and destruction of bank habitat will be minimized.
   8. The facility and its operation will maintain existing public access to the affected stretch of the river.
   9. The facility will not be located at or abutting any identified archaeological or historical site, national or state park, wildlife refuge, Bureau of Land Management Outstanding Natural Area, or Area of Critical Environmental Concern, Federal Research Natural Area or U. S. Forest Service Special Interest Area.
   10. The facility will not be located on any stretch of the river that is being studied or recommended for inclusion in either the Federal Wild and Scenic Rivers Program or the State Scenic Waterways Program, unless location of the facility at that site would not preclude inclusion of the stretch in the state or federal program.
   11. The facility and its operation will comply with all applicable noise, water quality and pollution regulations of the Oregon Department of Environmental Quality.
   12. The facility and its operation will comply with all applicable state and local fill or removal statutes and regulations.
2. The applicant for a conditional use permit for a hydroelectric facility, in addition to all other requirements, shall submit the following for approval:
   1. Detailed construction plans and profiles of all facility features including building elevations of the powerhouse and other structures, excavation plans, a narrative describing where blasting will occur and where excess material will be deposited, and landscaping and reclamation plans.
   2. Detailed plans for meeting the criteria set forth in DCC 18.128.260(B)(1).
   3. Detailed plans for river enhancement documenting both on-site and off-site enhancement plans consistent with adopted river-related goals and policies, such as plans and methods for conserving water and enhancing stream flows. The plan shall identify costs, time schedules and coordination activities with affected persons and agencies for such enhancement plans.
   4. A cash deposit, performance bond or other security acceptable to Deschutes County in an amount equal to 100 percent of the estimated cost of river enhancement.
   5. Detailed plans for a water conservation and stream enhancement program to be funded by a portion of revenues generated by the operation of the proposed facility. The program plans shall contain the following:
      1. A program timetable;
      2. Projected gross revenues from the proposed facility;
      3. Projected program expenditures and the percentage of gross revenues they represent;
      4. Projected water savings and the percentage of known current water losses they represent;
      5. A declaration by the applicant that at least 50 percent of the conserved water will remain undiverted by the applicant;
      6. A declaration by the applicant that water diversion for power generation will not cause water flow in the affected stretch of the river (from the diversion to the tailrace exit) to fall below the minimum streamflow for that stretch as recommended by the Oregon Department of Fish and Wildlife; and
      7. A declaration that the applicant will enter into an agreement with the County to fulfill all of the requirements in DCC 18.128.260(B)(1) through (5) before beginning construction.

Except as otherwise provided in DCC Title 18, no person shall fill or remove any material or remove any vegetation, regardless of the amount, within the bed and banks of any stream or river, or in any wetland, unless such fill or removal is approved as a conditional use subject to the following standards:

1. An application shall be filed containing a plan with the following information:
   1. A detailed explanation of the planned fill or removal including the amount of material to be filled or removed.
   2. An explanation of why the fill or removal is necessary.
   3. A site plan, drawn to scale and accompanied by such drawings, sketches and descriptions as are necessary to describe and illustrate the proposed fill or removal. The site plan shall, at a minimum, include:
      1. An inventory of existing vegetation.
      2. The proposed modifications, if any, to the vegetation.
      3. Existing and proposed site contours.
      4. Location of lot lines, easements, and high water marks.
      5. Other site elements or information that will assist in the evaluation of the proposed fill or removal.
2. Public facility and service uses such as construction or maintenance of roads, bridges, electric, gas, telephone, water, sewer transmission and distribution lines, and related facilities controlled by public utilities or cooperative associations, shall not be granted conditional use permits to fill or remove unless the following findings are made:
   1. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use.
   2. That the public facility and service uses and related facilities cannot, as a practical matter, be located outside of the wetland or bed and banks of the stream or river.
   3. That the construction or maintenance requiring the fill or removal will be done in a manner designed to minimize the adverse impact upon the wetland, stream, or river.
   4. That erosion will be adequately controlled during and after construction.
   5. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application.
   6. That only the minimum removal of vegetation or material and dredging or excavation necessary for construction and maintenance will be done.
3. Fill or removal required for public park and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, public boat launching ramps, public docks, and public walkways shall not be allowed as a conditional use unless the following findings are made:
   1. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use permit.
   2. That only the minimum removal of vegetation or material and dredging or excavation necessary for construction and maintenance will be done.
   3. That the specific location of the site will require the minimum amount of disturbance to the natural environment, considering alternative locations in the area and methods of construction.
   4. That such construction and maintenance is designed to minimize the adverse impact on the site.
   5. That erosion will be adequately controlled during and after construction.
   6. That the impacts on fish and wildlife habitat by the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application.
   7. That the specific location of a site for a public park, recreation area, natural and outdoor education area, historic and scientific area, wildlife refuges, public boat launching ramps, public docks, and public walkways will require the minimum amount of disturbance to the natural environment, considering alternative locations in the area and methods of construction.
4. Except for uses identified in DCC 18.128.270(B) and (C), an application for a conditional use permit for activity involving fill or removal of material or vegetation within the bed and banks of a stream, river, or wetland:
   1. Shall be granted only after consideration of the following factors:
      1. The effects on public or private water supplies and water quality.
      2. The effects on aquatic life and habitat, and wildlife and habitat. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application.
      3. Recreational, aesthetic, and economic values of the affected water resources.
      4. Effects on the hydrologic characteristics of the water body such as direction and velocity of flow, elevation of water surface, sediment transportation capacity, stabilization of the bank and flood hazards.
      5. The character of the area, considering existing streambank stabilization problems and fill or removal projects which have previously occurred.
   2. Shall not be granted unless all of the following conditions are met:
      1. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use.
      2. That there is no practical alternative to the proposed project which will have less impact on the surrounding area, considering the factors established in DCC 18.128.270(D)(1).
      3. That there will be no significant impacts on the surrounding area, considering the factors established in DCC 18.128.270(D)(1).
      4. That erosion will be adequately controlled during and after the project.
      5. That the essential character, quality, and density of existing vegetation will be maintained. Additional vegetation shall be required if necessary to protect aquatic life habitats, functions of the ecosystem, wildlife values, aesthetic resources, and to prevent erosion.
      6. That the proposed fill or removal activity will be consistent with all relevant goals and policies of the Deschutes County Comprehensive Plan.
      7. That a conservation easement, as defined in DCC 18.04.030, “Conservation Easement,” shall be conveyed to the County, which provides, at a minimum, that all elements of the project will be carried out and maintained as approved, in perpetuity, for the regulated fill or removal area and all real property on the same lot or parcel, within 10 feet of any wetland, river or stream.

These uses are subject to the following standards:

1. An application shall be filed containing the following information:
   1. A detailed explanation of the project and why the surface mining activity is necessary.
   2. A site plan drawn to scale and accompanied by any drawings, sketches and descriptions necessary to describe and illustrate the proposed surface mining.
2. A conditional use permit shall not be issued unless the applicant demonstrates at the time of site plan review that the following conditions are or can be met:
   1. The surface mining is necessary to conduct or maintain a use allowed in the zone in which the property is located.
   2. Erosion will be controlled during and after the surface mining.
   3. The surface mining activity can meet all applicable DEQ noise control standards and ambient air quality and emission standards.
   4. Sufficient water is available to support approved methods of dust control and vegetation enhancement.
   5. The surface mining does not adversely impact other resources or uses on the site or adjacent properties, including, but not limited to, farm use, forest use, recreational use, historic use and fish and wildlife habitat as designed or through mitigation measures required to minimize these impacts.
3. If the surface mining actively involves the maintenance or creation of man made lakes, water impoundments or ponds, the applicant shall also demonstrate, at the time of site plan review, that the following conditions are or can be met:
   1. There is adequate water legally available to the site to maintain the water impoundment and to prevent stagnation.
   2. The soil characteristics or proposed lining of the impoundment are adequate to contain the proposed water and will not result in the waste of water.
   3. Where the impoundment bank slope is steeper than three feet horizontal to one foot vertical, or where the depth is six feet or deeper, the perimeter of the impoundment is adequately protected by methods such as fences or access barriers and controls.
   4. The surface mining does not adversely affect any drainages, all surface water drainage is contained on site, and existing watercourses or drainages are maintained so as not to adversely affect any surrounding properties.
4. Limitations
   1. Excavation does not include crushing or processing of excavated material.
   2. A permit for mining of aggregate shall be issued only for a site included on the County’s non-significant mineral and aggregate resource list.
   3. Hours of operation shall be 7:00 a.m. to 6:00 p.m. - Monday through Saturday. No surface mining activity shall be conducted on Sundays or the following legal holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day.

A conditional use permit for these uses shall be subject to the following standards:

1. An application shall be filed containing the following information:
   1. A detailed explanation of the project, including the duration and operation characteristics of the site.
   2. A site plan drawn to scale and accompanied by such drawings, sketches, and descriptions as are necessary to describe and illustrate the proposed project.
2. A conditional use permit for storage, crushing and processing of minerals to be used in conjunction with maintenance and construction of public roads and highways shall be subject to all applicable general operation standards established by DCC 18.52.110, except DCC 18.52.110(J), (K) and (L).

1. Each individual space for rent or sale shall be less than 1000 square feet.
2. Mini-storage shall be limited to dead storage. Outside storage shall be limited to boats, recreational vehicles, and similar vehicles placed within designated spaces on an all-weather surfaced area which is surrounded by a sight-obscuring fence at least six feet in height.
3. Setback areas shall be permanently landscaped.
4. Setbacks from lot lines abutting residential zones shall be the same as required setbacks within the residential zone.
5. Parking shall be provided for office space associated with the mini-storage facility at one (1) space for every 300 square feet of office space. A minimum of two (2) parking spaces shall be provided for all mini-storage facilities regardless of office size.
6. All structures shall be fenced and visually screened.
7. Traffic lanes shall be 12 feet wide with an additional 10-foot parking lane, except where the traffic lane does not serve the storage units. All areas provided for vehicle access, parking and movement shall be improved to minimum public road standards.
8. A dwelling unit for a caretaker or 24-hour on-site manager is permitted.
9. There shall be only one access from each abutting street.
10. Outside lighting, including shading to prevent glare on adjacent properties, may be required for safety and security purposes.

1. Bed and breakfast inns shall be restricted to owner-occupied single-unit dwellings.
2. Bed and breakfast inns located in farm or forest zones shall utilize existing dwellings or dwellings conforming to the requirements of those zones relating to single-unit dwellings.
3. No more than three sleeping rooms shall be available for the accommodation of inn visitors.
4. No more than eight guests shall be accommodated at any one time.
5. Occupancies shall be limited to not more than 30 consecutive days.
6. Breakfast shall be the only meal provided to inn guests.
7. The exterior of the building shall maintain a residential appearance.
8. The bed and breakfast inn shall be operated in a way that will prevent unreasonable disturbance to area residents.
9. One off-street parking space shall be provided for each guest room in addition to parking required for the single-unit dwelling.
10. Approval shall be conditioned upon compliance with all applicable state building code requirements and state sanitation requirements.
11. Bed and breakfast inns in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88.

A conditional use permit for a campground may be issued only when the following criteria are met:

1. Campgrounds shall provide patrons with opportunities for outdoor recreation that are compatible with the natural setting of the area. Outdoor recreation activities include fishing, swimming, boating, hiking, bicycling, horseback riding and other similar activities. Outdoor recreation does not include commercial uses such as miniature golf courses, go-cart tracks or rental of equipment or animals.
2. Street access shall be provided as follows:
   1. The campground shall obtain direct access from a street or road designated as an arterial or collector by the Deschutes County Comprehensive Plan.
   2. Access to the campground shall be adequate to handle the anticipated traffic generated by the use.
   3. The Deschutes County Road Department or the State Highway Division may require refuge lanes for left-hand turns and deceleration lanes for right-hand turns where necessary for public safety.
3. Water supply and sewage disposal shall be provided as follows:
   1. Applicant shall demonstrate that there is adequate potable water available at the site to serve the campground. When the water is to be supplied from a well, a well log is required to show that an ample supply of water will be available for the campground it will serve.
   2. Plans for water supply and sewage disposal improvements must be approved by the State Health Division and the Department of Environmental Quality.
   3. Evidence shall be provided to demonstrate that the campground will be eligible for a certificate of sanitation as required by the Oregon Department of Environmental Quality.
4. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following:
   1. Sixty-five percent of the lot area developed as a campground shall be retained as open space. Natural vegetation shall be maintained in open space areas to the fullest extent possible. Walkways, roadways, parking spaces, structures, service areas, and campsites shall not be considered open space.
   2. The space provided for each campsite shall be not less than 1600 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, landscaped areas and parking spaces other than those assigned to particular campsites.
   3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in OAR 918.650. Water and electric lines shall be placed underground.
   4. Campgrounds shall not provide campsite hookups for sewage disposal or electricity. A centralized sewage dump station that meets state standards may be provided.
   5. Roadways permitting one-way traffic shall be not less than 10 feet wide and those permitting two-way traffic shall not be less than 20 feet wide. Where parking is allowed on the margin of the road, an additional 10 feet shall be added for each parking lane.
      Roadways shall be improved with an all-weather, dustless surface.
   6. Except for the access roadway serving the campground, no vehicular or pedestrian access shall be allowed out of the campground. Fences shall be provided which prevent trespass to property not under the control of the campground owner.
   7. Each campsite shall be provided with at least one parking space which shall be paved or covered with crushed gravel and designed to promote drainage of surface runoff.
   8. Campgrounds shall be surrounded by buffer strips of existing vegetation or landscaping.
   9. To promote privacy and preserve the integrity of the natural setting, campgrounds shall retain existing vegetation to the fullest extent practical.
   10. Setbacks.
       1. Campsites or parking spaces shall not be located within the setback areas required by the County for structures in the zone in which the campground is located.
       2. No developed portion of the campground shall be located within 100 feet of the right of way of any road or lot line of a lot or parcel not part of the campground.
       3. No developed portion of the campground shall be located closer than 300 feet from a road in a Landscape Management overlay zone.
       4. Setback requirements in DCC 18.128.320(D)(10)(b) and (c) may be waived upon a finding by the Planning Director or Hearings Body that the developed portion of the campground will be sufficiently screened and buffered from neighboring properties or the protected landscape area.
   11. Tent campers and recreational vehicles shall not remain in the campground for more than 30 days in any 60-day period.
   12. The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446, unless operated by a public entity, timber company or private utility.
   13. One dwelling unit may be allowed for a resident caretaker or proprietor.

A conditional use permit for siting of a microwave or radio communication tower and accessory equipment structures in the SM Zone shall be subject to the criteria of DCC 18.128.340 and the following criteria:

1. Towers shall be limited to monopole towers under 150 feet in height and lighted only as prescribed by aviation safety regulations.
2. Towers and accessory equipment structures shall be located only on portions of an SM-Zoned site that do not overlay economically viable mineral or aggregate deposits and that minimize conflicts with mining operations at the site.
3. Such facilities proposed in an SM Zone where the underlying or surrounding comprehensive plan designation is for forest use must demonstrate compliance with the criteria set forth in DCC 18.36.040.
4. No new parcels or lots shall be created for siting of the proposed tower.
5. Such facilities must not conflict with any site plan which has been previously approved by the County.

An application for a conditional use permit for a wireless telecommunications facility or its equivalent in the Forest or Surface Mining Zones shall comply with the applicable standards, setbacks, and criteria of the base zone and any combining zone and the following requirements. Site plan review under DCC 18.124 including site plan review for a use that would otherwise require site plan review under DCC 18.84 shall not be required.

1. Application Requirements. An application for a wireless telecommunications facility shall comply with the following meeting, notice, and submittal requirements:
   1. Neighborhood Meeting. Prior to submission of a land use application for a wireless telecommunications facility, the applicant shall provide notice of and hold a meeting with interested owners of property nearby to a potential facility location. To the greatest extent practicable, the neighborhood meeting shall be held in the general vicinity of the proposed wireless telecommunications facility. Notice shall be in writing and shall be mailed no less than 10 days prior to the date set for the meeting to owners of record of property within:
      1. One thousand three hundred twenty feet for a tower or monopole no greater than 100 feet in height, and
      2. Two thousand feet for a tower or monopole at least 100 feet and no higher than 150 feet in height. Such notice shall not take the place of notice required by DCC Title 22.
   2. Pre-Application Conference. Applicant shall attend a scheduled pre-application conference prior to submission of a land use application. The applicant shall provide the proposed location of the required neighborhood meeting for review by Planning Division staff to ensure compliance with subsection A(1) above. An application for a wireless telecommunications facility permit will not be deemed complete until the applicant has had a pre-application conference with Planning Division staff.
   3. Submittal Requirements. An application for a conditional use permit for a wireless telecommunications facility shall include:
      1. A copy of the blank lease form.
      2. A copy of the applicant’s Federal Communications Commission license.
      3. A map that shows the applicant’s search ring for the proposed site and the properties within the search ring, including locations of existing telecommunications towers or monopoles.
      4. A copy of the written notice of the required neighborhood meeting and a certificate of mailing showing that the notice was mailed to the list of property owners falling within the notice area designated under DCC 18.128.340(A)(1).
      5. A written summary of the neighborhood meeting detailing the substance of the meeting, the time, date and location of the meeting and a list of meeting attendees.
      6. A site plan showing the location of the proposed facility and its components. The site plan shall also identify the location of existing and proposed landscaping, any equipment shelters, utility connections, and any fencing proposed to enclose the facility.
      7. A copy of the design specifications, including proposed colors, and/or elevation of an antenna array proposed with the facility.
      8. An elevation drawing of the facility and a photographic simulation of the facility showing how it would fit into the landscape.
      9. A copy of a letter of determination from the Federal Aviation Administration or the Oregon Department of Aviation as to whether or not aviation lighting would be required for the proposed facility.
2. Approval Criteria: An application for a wireless telecommunication facility will be approved upon findings that:
   1. The facility will not be located on irrigated land, as defined by DCC 18.04.030.
   2. The applicant has considered other sites in its search area that would have less visual impact as viewed from nearby dwelling units than the site proposed and has determined that any less intrusive sites are either unavailable or do not provide the communications coverage necessary. To meet this criterion, the applicant must demonstrate that it has made a good faith effort to co-locate its antennas and microwave dishes on existing monopoles in the area to be served. The applicant can demonstrate this by submitting a statement from a qualified engineer that indicates whether the necessary service can or cannot be provided by co-location within the area to be served.
   3. The facility is sited using trees, vegetation, and topography to the maximum extent practicable to screen the facility from view of nearby dwelling units.
   4. A tower or monopole located in an LM Zone is no taller than 30 feet. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available.
   5. In all cases, the applicant shall site the facility in a manner to minimize its impact on scenic views and shall site the facility using trees, vegetation, and topography in order to screen it to the maximum extent practicable from view from protected roadways. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available.
   6. Any tower or monopole is finished with natural wood colors or colors selected from amongst colors approved by Ordinance 97-017.
   7. Any required aviation lighting is shielded to the maximum extent allowed by FAA and/or ODOT-Aeronautics regulations.
   8. The form of lease for the site does not prevent the possibility of co-location of additional wireless telecommunication facilities at the site.
   9. Any tower or monopole shall be designed in a manner that it can carry the antennas of at least one additional wireless carrier. This criterion may be satisfied by submitting the statement of a licensed structural engineer licensed in Oregon that the monopole or tower has been designed with sufficient strength to carry such an additional antenna array and by elevation drawings of the proposed tower or monopole that identifies an area designed to provide the required spacing between antenna arrays of different carriers.
   10. Any approval of a wireless telecommunication facility shall include a condition that if the facility is left unused or is abandoned by all wireless providers located on the facility for more than one year the facility shall be removed by the landowner.

1. The exterior of the building shall maintain a residential appearance.
2. One off-street parking space shall be provided for each guest room in addition to parking to serve the residents.
3. The lodge shall be operated in a way that will protect neighbors from unreasonable disturbance from noise, dust, traffic, or trespass.
4. Occupancies for individuals shall be limited to not more than 30 consecutive days.
5. Meals shall be served to registered overnight lodge guests only and shall not be provided to the public at large.

A guest ranch established under DCC 18.16.037 shall meet the following conditions:

1. Except as provided in DCC 18.128.360(C), the guest lodging units cumulatively shall:
   1. Include not less than four nor more than 10 overnight guest lodging units, and;
   2. Not exceed a total of 12,000 square feet in floor area, not counting the floor area of the lodge that is dedicated to kitchen area, rest rooms, storage or other shared or common indoor space.
2. The guest ranch shall be located on a lawfully established unit of land that:
   1. Is at least 160 acres;
   2. Contains the dwelling of the person conducting the livestock operation; and
   3. Is not classified as high value farmland as defined in DCC 18.04.030.
3. For every increment of 160 acres that the lawfully established unit of land on which the guest ranch is located exceeds the minimum 160-acre requirement described under DCC 18.128.360(B), up to five additional overnight guest lodging units not exceeding a total of 6,000 square feet of floor area may be included in the guest ranch for a total of not more than 25 guest lodging units and 30,000 square feet of floor area.
4. A guest ranch may provide recreational activities in conjunction with the livestock operation’s natural setting, including but not limited to hunting, fishing, hiking, biking, horseback riding and swimming. Intensively developed recreational facilities including golf courses or campgrounds identified in DCC 18.16.030 through 18.16.033, shall not be allowed in conjunction with a guest ranch, and a guest ranch shall not be allowed in conjunction with an existing golf course or with an existing campground.
5. Food services shall be incidental to the operation of the guest ranch and shall be provided only for the guests of the guest ranch, individuals accompanying the guests, and individuals attending a special event at the guest ranch.
   1. The cost of meals, if any, may be included in the fee to visit or stay at the guest ranch.
   2. The sale of individual meals to persons who are not guests of the guest ranch, an individual accompanying a guest, or an individual attending a special event at the guest ranch shall not be allowed.
6. The exterior of the buildings shall maintain a residential appearance.
7. To promote privacy and preserve the integrity of the natural setting, guest ranches shall retain existing vegetation around the guest lodging structure.
8. All lighting shall be shielded and directed downward in accordance with DCC 15.10, Outdoor Lighting Control.
9. Signage shall be restricted to one sign no greater than 20 square feet, nonilluminated and posted at the entrance to the property.
10. Occupancies shall be limited to not more than 30 days.
11. The guest ranch shall be operated in a way that will protect neighbors from unreasonable disturbance from noise, dust, traffic, or trespass.
12. One off-street parking space shall be provided for each guestroom in addition to parking to serve the residents.
13. Any conversion or alterations to properties designated as historic landmarks shall be approved by the Deschutes County Historical Landmarks Commission.
    
14. A guest ranch that is authorized under this section shall submit an annual report, that shall be made available to the public upon request, to the Community Development Department by the real property owner or licensee, if different, each February 1 documenting the following:
    1. The size of the guest ranch's livestock operation;
    2. The income that the guest ranch obtained from:
       1. Livestock operations; and
       2. Guest ranch activities; and
    3. Other information to ensure ongoing compliance with this section or any condition of approval.

A time-share unit established under this subsection shall meet the following conditions:

1. Any time-share unit project shall have its primary access on an arterial or collector street.
2. New time-share units may be developed in vacant areas in the applicable zoning districts provided that such developments comply with DCC 18.128.370(A), and the following:
   1. That such development has a minimum lot area of 10 acres, except within the UUC-Sunriver Zone.
   2. That such development is appropriately buffered by the use of setbacks, landscaping, etc., from abutting properties as determined during site plan review considering the need for privacy and the effects of noise.
3. The Planning Director or Hearings Body may require bonds to assure installation and maintenance of landscaping, parking and facilities that are part of the buffering scheme. It may also require that an adequate mechanism will exist, such as an owners’ association, that will assure maintenance of such facilities.
4. No structure shall be utilized as a time-share unit unless all the units in the structure or particular phase of the development are used as time-share units for this purpose.

The procedure for taking action on a conditional use application shall be as follows:

1. A property owner may initiate a request for a conditional use by filing an application on forms provided by the Planning Department.
2. Review of the application shall be conducted according to the terms of DCC Title 22, the Uniform Development Procedures Ordinance.

Duration of permits issued under DCC 18.128 shall be as set forth in DCC 22.36.

The Planning Director or Hearings Body may require an occupancy permit for any conditional use permitted and approved pursuant to the provisions of DCC Title 18. The Planning Director or Hearings Body shall consider such a requirement for any use authorized by a conditional use permit for which the ordinance requires on-site or off-site improvements or where such conditions have been established by the Planning Director or Hearings Body upon approval of such use. The requirement of an occupancy permit shall be for the intent of insuring permit compliance and said permit shall not be issued except as set forth by the Planning Director or Hearings Body. The authority to issue an occupancy permit upon compliance with the requirements and conditions of a conditional use permit may be delegated to the Planning Director or the building inspector by the Hearings Body at the time of approval of a specific conditional use permit.

Building permits for all or any portion of a conditional use shall be issued only on the basis of the plan as approved by the Planning Director or Hearings Body. Any substantial change in the approved plan shall be submitted to the Planning Director or the Hearings Officer as a new application for a conditional use.