Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . Icd.state.or.us 
/Bra 
02/06/2012 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: Douglas County Plan Amendment 
DLCD File Number 001-11A 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
Due to the size of amended material submitted, a complete copy has not been attached. A Copy of the 
adopted plan amendment is available for review at the DLCD office in Salem and the local government 
office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Friday, February 17, 2012 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Cheryl Goodhue, Douglas County 
Jon Jinings, DLCD Community Services Specialist 
Katherine Daniels, DLCD Farm/Forest Specialist 
Ed Moore, DLCD Regional Representative 
NOTICE OF ADOPTED AMENDMENT 
<paa> YA 
DLCD 
Notice of Adoption 
This Form 2 must oe maiied lo DLCD within 5-VVork»ng Da\s after the Finn I 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
O In person Q electronic Q mailed 
DEPTOF 
J A N J & 2 0 1 2 ^ 
LAND CONSERVATION 
»'.ND DEVELOPMENT 
I or Olijcc Use On I 
Jurisdiction Douglas County Local fiie number: N/A 
Date of Adoption: 1/25/2012 Date Mailed: 1/27/2012 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ^ Yes • No Date. 
• Comprehensive Plan Text Amendment Q Comprehensive Plan Map Amendment 
3 Land Use Regulation Amendment • Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Amendments to the LUDO were adopted to comply with new state laws, reflect DLCD rulemaking and 
improve the general effectiveness of the LUDO. 
Does the Adoption differ from proposal? Yes, Please explain below: 
The Legislative Amendment process was segregated at the Planning Commission level. The Plan .Amendments 
were adopted on 12/07/11 The Board adopted the LLrDO Amendments contained herein on 01/25/12. 
Plan Map Changed from N/A to N/A 
Zone Map Changed from: N/A to: N/A 
Location N/A Acres Involved: 0 
Specify Density: Previous: N/A New: N/A 
Applicable statewide planning goals: 
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
• • • • • • • • • • • • • • • • • D O 
Was an Exception Adopted? • YES NO 
Did DLCD receive a Notice of Proposed Amendment. 
35-days prior to first evidentiary hearing? £<] Yes Q No 
If no, do the statewide planning goals apply? • Yes C No 
If no, did Emergency Circumstances require immediate adoption? • Yes • No 
DLCD File No. 001-11A (19001) [16918] 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts. 
Local Contact: Cheryl Goodhue 
Address Rm 106 Justice Bldg Courthouse 
City: Roseburg Zip: 97470 
Phone: (541) 440-4289 Extension: 
Fax Number 541-440-6266 
E-mai l Address, cagoodhu@co.dougtas .or .us 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been sinned by 
the public official designated b> the jurisdiction to sign the approved ordinance(s) 
per ORS 107.615 and OAR Chapter 660. Division 18 
1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please pi it a completed copy of Form 2 on • ight green 
pape r if available. 
3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementary information (ORS 197.615 ). 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD 
of the adoption (ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Noticc of Adoption to DLCD, please also remember to notify persons who 
participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 
7 Submit one complete paper copy v .. United States Postal Service. Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped with the incoming date stamp 
8. Please m£ I the adopted amendment packet to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
9. Need More Copies? Please pri.it forms on 8V2 -1/2x11 green paper only if avniiahle. If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-mail plan.amendments^ state.or.us. 
http://www.oregon.RQv/LCD/forms.shtml Updated December 30,2011 
BEFORE THE BOARD OF COMMISSIONERS 
OF DOUGLAS COUNTY, OREGON 
AN ORDINANCE ADOPTING AMENDMENTS 
TO THE DOUGLAS COUNTY LAND USE & 
DEVELOPMENT ORDINANCE (LUDO) 
RECITALS 
A. Amendments to the Douglas County Land Use and Development Ordinance are needed in order 
to, 1) comply with new state laws related to: plan amendment notice requirements; farm worker 
housing; wineries; farm income dwelling standards; irrigation districts and recreational facilities, 
and; agri-tourism events, 2) reflect DLCD rulemaking related to the limitation on EFU uses within 
three miles of a UGB and, 3) improve the effectiveness of the LUDO through local amendments 
clarifying LUDO provisions related to: farm agricultural buildings; outdoor events; zoning/overlay 
map updates; temporary uses in the TR zone; owner of record dwelling standards; M-1 and M-3 
uses; floodproofing review process; boundary line adjustment statutory authority, and; correction 
of miscellaneous scrivener errors. 
B. On November 17,2011, the Douglas County Planning Commission held a Legislative hearing and 
continued the hearing to the January 12,2012 Planning Commission meeting for staff to provide 
further clarification on specified amendments. At the January 12, 2012 continued hearing, the 
Commission unanimously recommended that the amendments, as contained in the attached 
draft, be adopted by the Board of Commissioners. 
THE DOUGLAS COUNTY BOARD OF COMMISSIONERS ORDAIN AS FOLLOWS: 
SECTION ONE: The amendments contained in the green-cover attachment titled "Amendments to 
the DOUGLAS COUNTY LAND USE & DEVELOPMENTORDINANCE (LUDO)," BOARD DRAFT dated 
January 2012, are ADOPTED and by reference made part of this ordinance. 
SECTION TWO: The amendments are necessary and appropriate and shall become effective on 
February 24, 2012. 
SECTION THREE Severability: If any provision of this ordinance is held to be invalid by any court of 
competent jurisdiction, such invalidity shall not affect the validity of any other provision of the ordinance. 
The ordinance shall be construed as if such invalid provision had never been included. 
DATED this 25th day of January, 2012. 
DOUGLAS COUNTY OREGON 
FILED 
JAN 2 5 2012 
PATRICfA K. HITT, COUNTY CLERK 
CG: LUDO AMENDS ORDINANCE 2011.wpd 
CJ 2012-70 
COMMISSIONERS JOURNAL 01/25/2012 
) 
) ORDINANCE NO. 2012-01-01 
) 
OF COUNTY COMMISSIONERS 
NTY, OREGON 
Amendments to the 
DOUGLAS COUNTY LAND USE & 
DEVELOPMENT ORDINANCE 
(LUDO) 
BOARD DRAFT 
January 2012 
Planning Commission 
November 17, 2011 & 
January 12, 2012 
Board of Commissioners 
January 25, 2012 
TABLE OF CONTENTS 
Page 
• AMENDMENTS RESULTING FROM LAW PASSED 
BY THE 2011 LEGISLATURE 
1. HB 2129: PAPA Process 1 
2. HB 2154: Farm Worker Housing 1 
3. HB 3280: Statutory Wineries in EFU 2 
4. HB 3290: Farm Dwelling Income Test 3 
5. HB 3408: Irrigation Districts 4 
6. SB 128: Dump Trucks and Trailers 5 
7. SB 960: Agri-tourism 5 
• AMENDMENTS RESULTING FROM DLCD RULEMAKING 
1. Siting Standards for Places of Assembly in EFU 7 
• LOCAL AMENDMENTS NECESSARY TO IMPROVE THE 
USE AND EFFECTIVENESS OF THE LUDO 
1. New Definition, Farm Agricultural Building 8 
2. Amended Definition, Outdoor Events 9 
3. Zoning and Overlay Maps 10 
4. Temporary TR Uses 10 
5 Owner of Record Dwelling Standards 11 
6. M-1 Uses 13 
7. M-3 Uses 14 
8. Article 30, Floodplain Overlay 14 
9. Boundary Line Adjustment Authority 15 
10. Miscellaneous Clarifications and Scrivener Errors 16 
KEY. Additions have been bolded and underlined 
Deletions have been struckout 
LAND USE & DEVELOPMENT ORDINANCE AMENDMENTS 
BOARD DRAFT, JANUARY 2012 
A M E N D M E N T S RESULT ING F R O M LAW P A S S E D BY T H E 
2011 L E G I S L A T U R E 
1- HB 2129: Post-acknowledgment Plan Amendment (PAPA) Process, changes 
notice time frames and procedures. • • Effect: Deregulation 
ACTION: CHANGE TIME FRAME FOR NOTICE IN CHAPTER 6, QUASI-JUDICIAL PLAN 
AMENDMENT, (P. 6-1) 
SECTION 6.600 Notice 
1. At least 45 35 days prior to the hearing by the Commission or Hearings 
Officer, notice shall be given as provided in §2.065 of this ordinance... 
2. HB 2154: Farm Worker Housing, clarifies definition of "farmworker" (an individual 
who performs labor, temporarily or on a continuing basis...) and "farmworker 
housing," as well as the definition of "owner" and "relative," in the context of 
farmworker housing only. This amendment does not affect the definition of "relative" 
as used in the provisions for a second single-family dwelling for a family member 
in conjunction with farm use (i.e., Relative Dwelling).* • Effect: Clarification 
ACTION: DELETE DEFINITION OF "SEASONAL FARM WORKER HOUSING"AND ADD DEFINITION 
OF "FARMWORKER HOUSING," AS ADDED TO ORS 215.278, AT §1.090 (DEFINITIONS), 
(P. 1-5); DELETE ARTICLE 45 REFERENCES TO "SEASONAL" FARMWORKER HOUSING AND 
REPLACE ORS CITATION 197.677-685 WITH 215.277-278, (P.3-263) 
SEASONAL TARM WORKER IIOUGING:—I lousing limited to occupancy by 
seasonal farm workers and their immediate families which is occupied no more than 
nine months a year. 
FARMWORKER HOUSING: means housing: 
a. Limited to occupancy of farmworkers (as defined by ORS 
215.278(2)(b)). and their immediate families; and 
b. No dwelling unit of which is occupied by a relative fas defined by 
ORS 215.278(2)(e» of the owner or operator of the farmworker 
housing. 
SECTION 3.45.100 Farm Dwelling Building Permits 
t 
5. a. (5) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-605 215.277-278, there is no other 
dwelling... 
b. (7) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-605 215.277-278, there is no other 
dwelling... 
1 
c. (3) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-605 215.277-278, there is no other 
dwelling... 
d. (3) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-685 215.277-278, there is no other 
dwelling... 
3. HB 3280: Statutory Wineries in EFU, brings in winery accessory uses: wine tours, 
wine tasting/tasting rooms, private events, etc., to existing statutory provisions for 
a winery as a permitted use in conjunction with a 15-acre or 40-acre vineyard. Bill 
adds a provision for a winery in conjunction with an 80-acre tract ownership with at 
least 50 acres of vineyard and an additional 80 acres of Oregon vineyards, which 
allows the same accessory uses as the 15 and 40 acre winery provisions, but also 
adds provisions for a full service restaurant. A restaurant requires a separate permit 
and cannot materially alter the land use pattern of the area; an issued permit must 
be reviewed every 5 years for potential renewal. The 15, 40 and 80-acre statutory 
provisions will be added to the FG, FC and FF zones as Uses Permitted with 
Standards to comply with new state law. • -^Effect: Deregulation 
ACTION: ADD STATUTORY PROVISIONS FOR A WINERY IN CONJUNCTION WITH A 15, 40 OR 
80 ACRE TRACT VINEYARD AS A USE PERMITTED WITH STANDARDS AND ADD RESTAURANT 
IN CONJUNCTION WITH THE 80-ACRE STATUTORY WINERY, SPECIFYING THA T THE 80 ACRE 
WINERY AND RESTAURANT WILL BE SUBJECT TO NOTICE UNDER LUDO SECTION 2.060.1, IN 
THE FG, 3.3.075, (P.3-25), FC, 3.4.075, (P.3-39) AND FF, 3.5.075 (P. 3-51) ZONES. 
DELETE LISTING FOR WINERY AS A CONDITIONAL USE IN THE AW ZONE, 3.5.100 (P. 3-65), 
WINERY IS ALREADY INCLUDED BY REFERENCE TO 3 . 5 . 1 0 0 , CONDITIONAL USES IN THE FF 
ZONE, COMMERCIAL ACTIVITIES IN CONJUNCTION WITH FARM USE. 
SECTION 3.3.075 Uses Permitted with Standards, FG 
A winery in con junction with the 15 or 40 acre tract vineyard provisions 
as set forth in ORS 215.452. 
A winery in conjunction with the 80 acre tract vineyard provisions as 
set forth in ORS 215.452. subject to LUDO Section 2.060.1 
A restaurant in conjunction with a winery authorized under the 80 acre 
tract vineyard provision of ORS 215.452. subject to LUDO Section 
2.060.1. 
SECTION 3.4.075 Uses Permitted with Standards, FC 
A winery in conjunction with the 15 or 40 acre tract vineyard provisions 
as set forth in ORS 215.452. 
A winery in conjunction with the 80 acre tract vineyard provision as set 
forth in ORS 215.452. subject to LUDO Section 2.060.1. 
A restaurant in conjunction with a winery authorized under the 80 acre 
tract vineyard provision of ORS 215.452. subject to LUDO Section 
2.060.1. 
2 
SECTION 3.5.075 Uses Permitted with Standards, FF 
A winery in conjunction with the 15 or 40 acre tract vineyard provisions 
as set forth in ORS 215.452. 
A winery in conjunction with the 80 acre tract vineyard provision as set 
forth in ORS 215.452. subject to LUDO Section 2.060.1. 
A restaurant in conjunction with a winery authorized under the 80 acre 
tract vineyard provision of ORS 215.452. subject to LUDO Section 
2.060.1. 
SECTION 3.6.100 Buildings and Uses Permitted Conditionally, AW 
7-. Winery. 
4. HB 3290: Farm Dwelling Income Test, adds third provision for meeting farm-
related dwelling income test by taking the average of the best three of the last five 
years. • • Effect: Deregulation 
ACTION: FOLD INTO ARTICLE 45, FARM RELATED DWELLINGS, 3.45.100.5.C.(2), (P.3-
265), 3.34.100.5.d.(2), (p. 3.266) and 3.45.200.1.d.(1) and (2), (P. 3-268) 
SECTION 3.45.100 Farm Dwelling Building Permits 
5. c. (2) The subject tract is currently employed in a farm use...that 
produced a gross annual income, excluding the cost of 
purchased livestock, of at least $22,500 in each of the last 
two years; of in at least three of the last five years, or;based 
on the average farm income earned on the tract in the best 
three of the last five years. 
d. (2) The subject tract is currently employed in a farm use...that 
produced a gross annual income from the sale of farm 
products, excluding the cost of purchased livestock, of at least 
$80,000 in each of the last two years: or in at least three of 
the last five years, or ;based on the average farm income 
earned on the tract in the best three of the last five years. 
SECTION 3.45.200 Permits for Accessory Farm Dwellings in EFU (FG or FC) 
and Farm Forest (FF) Zoned Areas. 
1. d. (1) On land which does not contain predominately high value 
soils. ..that produced a gross annual income, excluding the cost 
of purchased livestock, of at least $22,500 in each of the last 
two years; or in at least three of the last five years, or ;based 
on the average farm income earned on the tract in the best 
three of the last five years. 
3 
(2) On land containing predominately high value soils...that 
produced a gross annual income from the sale of farm 
products, excluding the cost of purchased livestock, o f at least 
$80,000 in each of the last two years; ©f in at least three of 
the last five years, or ;based on the average farm income 
earned on the tract in the best three of the last five years. 
5. HB 3408: Irrigation Districts, adds "reservoirs" to ORS 215.283 (1) (t), "Irrigation 
canals, delivery lines...." and specifically excludes park and recreational structures 
and facilities associated with a district as accessory uses. • •Effect: Regulation 
ACTION: ADD "RESERVOIRS" TO EFU PERMITTED USES, FG, 3.3.075.11. IRRIGATION 
CANALS..., (P.3/25), ANDFC, 3.3.075.11, IRRIGATION CANALS..., (P. 3.39), AND MOVE TO 
USES PERMITTED WITH STANDARDS TO SPECIFICALLY EXCLUDE ACCESSORY PARK AND 
RECREATIONAL STRUCTURES AND FACILITIES; ADD TO USES PERMITTED WITH STANDARDS 
INFF, 3.5.075, (P. 3-51) 
SECTION 3.3.050 Permitted Uses, FG 
4-f: Irrigation canals, delivery lines and those structures and accessory 
operational facilities associated with an irrigation district, drainage district, 
water improvement district, or water control district (as those terms are 
defined in ORS 540). 
SECTION 3.3.075 Uses Permitted with Standards, FG 
Irrigation reservoirs, canals, delivery lines and those structures and 
accessory operational facilities, not including parks or other recreational 
structures and facilities, associated with an irrigation district, drainage 
district, water improvement district, or water control district (as those terms 
are defined in ORS 540). 
SECTION 3.4.050 Permitted Uses, FC 
Irrigation • canals, delivery lines and those structures and accessory 
operational facilities associated with an irrigation district, drainage district, 
water improvement district, or water control district (as those terms are 
defined in ORG 540). 
SECTION 3.4.075 Uses Permitted with Standards, FC 
Irrigation reservoirs, canals, delivery lines and those structures and 
accessory operational facilities, not including parks or other recreational 
structures and facilities, associated with an irrigation district, drainage 
district, water improvement district, or water control district (as those terms 
are defined in ORS 540). 
4 
SECTION 3.5.075 Uses Permitted with Standards, FF 
Irrigation reservoirs, canals, delivery lines and those structures and 
accessory operational facilities, not including parks or other recreational 
structures and facilities, associated with an irrigation district, drainage 
district, water improvement district, or water control district (as those terms 
are defined in ORS 540). 
SB 128: Dump Trucks and Trailers, adds provision to park up to seven dump 
trucks and up to seven trailers on land zoned for forest use or mixed farm and forest 
use unless the local government determines such use will "force a significant 
change in, or significantly increase the cost of, farm or forest practices on 
surrounding lands devoted to farm or forest use." • • Effect: Deregulation 
ACTION: ADD "PARKING OF UP TO SEVEN DUMP TRUCKS AND UP TO SEVEN TRAILERS, " A S 
A USE PERMITTED WITH STANDARDS IN THE TR ZONE, 3.2.075, (P. 3-11) AND FF ZONE, 
3.5.075, (P.3-54) 
SECTION 3.2.075 Uses Permitted with Standards, TR 
Parking of up to seven dump trucks and up to seven trailers unless the 
County determines that dump truck/trailer parking on a particular lot or parcel 
will: 
Force a significant change in accepted farm or forest practices on 
surrounding lands devoted to farm or forest use: or 
b. Significantly increase the cost of accepted farm or forest practices on 
surrounding lands devoted to farm or forest use. 
SECTION 3.5.075 Uses Permitted with Standards, FF 
Parking of up to seven dump trucks and up to seven trailers unless the 
County determines that dump truck/trailer parking on a particular lot or parcel 
will: 
a. Force a significant change in accepted farm or forest practices on 
surrounding lands devoted to farm or forest use: or 
b. Significantly increase the cost of accepted farm or forest practices on 
surrounding lands devoted to farm or forest use. 
SB 960: Agri-tourism, provides for new agri-tourism or other commercial events 
or activities which are related to and supportive of agriculture to be established on 
lands zoned for farm use. ORS 215.283(4) identifies four categories of agri-
tourism/commercial events or activities, each of which must be incidental and 
subordinate to existing farm use on a tract. "Outdoor mass gathering" and "other 
gathering," as those terms are used in ORS 197.015(10)(d), do not include agri-
tourism or other commercial events and activities as those terms are used in the 
new agri-tourism provisions of ORS 215.283(4). • • Effect: Deregulation 
The four categories of events identified by ORS 215.283(4) are. 
(a) Single Event: calendar year; up to 72 hours (3 days); 500 people; 250 vehicles; 
non-transferrable; cannot force a significant change in, or significantly increase the 
cost of farm or forest practices on surrounding lands devoted to farm or forest use. 
(b) Expedited Single Event License: calendar year; not a land use decision; single-
event license issued; non-transferrable; 6 a.m. to 10 p.m., 100 attendees; 50 
vehicles; music 8 a.m. to 8 p.m., 10 acre tract. 
(c) Limited Use Permit, up to 6 events in a calendar year; up to 72 hours each; 
cannot force a significant change in, or significantly increase the cost of farm or 
forest practices on surrounding lands devoted to farm or forest use; cannot, in 
combination with other agri-tourism or other commercial events or activities 
authorized in the area, materially alter the stability of the land use pattern in the 
area; may issue permit for 2 calendar years, and may consider application for 
renewal. 
(d) Up to 18 Events in a Calendar Year: but must be incidental and subordinate to 
existing "commercial" farm use of the tract, and be "necessary to support the 
commercial farm uses or the commercial agricultural enterprises in the area;" must 
meet the minimum parcel size; must request review of the permit at four-year 
intervals which requires notice and opportunity. 
ACTION: ADD DEFINITION OF AGRI-TOURISM AT 1.090, DEFINITIONS, (P. 1-6), WHICH 
SPECIFICALLY EXCLUDES STATUTORY DEFINITION OF "OUTDOOR MASS GATHERING. "ADD 
AG-TOURISM EVENTS AS USES PERMITTED WITH STANDARDS IN THE EFU AND FF ZONES AT 
3.3.075 (P. 3-25), 3.4.075 (P. 3-39) AND 3.5.075 (P. 3-51), WITH THE "LIMITED USE 
PERMIT"AND "UP TO 18 EVENTS"PROVISIONS SUBJECT TO SECTION 2.060.1 
SECTION 1.090 Definitions 
AGRI-TOURISM: As provided for by ORS 215.283(4). commercial events or 
activities which are related to and supportive of agriculture which may be 
established on lands zoned for farm use. Agri-tourism does not include 
"outdoor mass gatherings" as defined by ORS 433.735. 
SECTION 3.3.075 Uses Permitted with Standards, FG 
Agri-tourism commercial events or activities as provided for by ORS 
215.283(41. with the "Limited Use Permit" provision and the "UP to 18 Events 
in a Calendar Year" provision subject to LUDO Section 2.060.1. 
SECTION 3.4.075 Uses Permitted with Standards, FC 
Agri-tourism commercial events or activities as provided for by ORS 
215.283(4). with the "Limited Use Permit" provision and the "UP to 18 Events 
in a Calendar Year" provision subject to LUDO Section 2.060.1. 
6 
SECTION 3.5.075 Uses Permitted with Standards, FF 
Agri-tourism commercial events or activities as provided for by ORS 
215.283(4). with the "Limited Use Permit" provision and the "Up to 18 Events 
in a Calendar Year" provision subject to LUDO Section 2.060.1. 
A M E N D M E N T S RESULTING DLCD R U L E M A K I N G 
1. Siting Standards for places of assembly in EFU, revise in accordance with DLCD 
Rule amendments to the siting standards of OAR 660-33-130 (2), which state, 
(2)(a) No enclosed structure with a design capacity greater than 100 
people, or group of structures with a total design capacity of greater 
than 100 people, shall be approved in connection with the use within 
three miles of an urban growth boundary, unless an exception is 
approved pursuant to ORS 197.732 and OAR chapter 660, division 
4, or unless the structure is described in a master plan adopted under 
the provisions of OAR chapter 660, division 34. 
(b) Any enclosed structures or group of enclosed structures described 
in subsection (a) within a tract must be separated by at least one half 
mile. For purposes of this section, "tract" means a tract as defined by 
ORS 215.010(2) that is in existence as of June 17, 2010. 
(c) Existing facilities wholly within a farm use zone maybe maintained, 
enhanced or expanded on the same tract, subject to other 
requirements of law, but enclosed existing structures within a farm 
use zone within three miles of an urban growth boundary may not be 
expanded beyond the requirements of this rule. 
++Effect: Regulation and Deregulation 
ACTION: REVISE THE LANGUAGE FOR CHURCHES ASA USE PERMITTED WITH STANDARDS IN 
THE EFU ZONES AT 3.3.075.5, FG (P. 3- 26) and, 3.4.075.5, FC (P. 3-40) and as a 
conditional use in the ff zone at 3.5.100.9, (P. 3-54). (SCHOOLS, WHICH WENT FROM 
PERMITTED TO CONDITIONALLY PERMITTED USES IN EFU AS A RESULT OF 2009 
LEGISLATION, ARE ALREADY CODIFIED AS BEING SUBJECT TO THE SITING STANDARDS OF 
OAR 660, DIVISION 33 ] 
SECTION 3.3.075 Uses Permitted with Standards, FG 
5. Churches, subject to §2.065.2, provided that they are not within 3 miles of an 
urban growth boundary unless an exception is approved pursuant to ORS 
197.732 and OAR 660. Division 4 and the standards of OAR 660-33-130 
regarding siting and spacing for a structure or group of structures with 
a design capacity of greater than 100 people. Existing churches may be 
maintained, enhanced or expanded on the same tract without an exception 
. except that enclosed existing structures within a farm use zone within 
three miles of an urban growth boundary may not be expanded beyond 
the requirements of the above-cited OAR, without an exception. New... 
SECTION 3.4.075 Uses Permitted with Standards, FC 
5. Churches, subject to §2.065.2, provided that they are not within 3 miles of an 
urban growth boundary unless an exception is approved pursuant to ORG 
197.732 and OAR 660. Division 4 and the standards of OAR 660-33-130 
regarding siting and spacing for a structure or group of structures with 
a design capacity of greater than 100 people. Existing churches may be 
maintained, enhanced or expanded on the same tract without an exception 
. except that enclosed existing structures within a farm use zone within 
three miles of an urban growth boundary may not be expanded beyond 
the requirements of the above-cited OAR, without an exception. New... 
SECTION 3.5.100 Buildings and Uses Permitted Conditionally, FF 
9. Churches and public or private schools, including all buildings essential to 
the operation of a school, provided that all such places of assembly shall 
be consistent with the siting standards of OAR 660-33-130. they are not 
within 3 miles of a UGD unless an exception is approved pursuant to ORS 
197.732 and OAR 660 Division 4. 
L O C A L A M E N D M E N T S N E C E S S A R Y T O I M P R O V E T H E U S E 
A N D EFFECTIVENESS OF T H E L U D O 
New Definition: add definition of Farm Agricultural Building to clarify statutory 
requirements as well as issues related to floodplain, exemptions from building 
permit and electrical permits. • • Effect: Clarification 
SECTION 1.090 Definitions 
ACTION: ADD FARM AG BUILDING TO DEFINITIONS, (P. 1-12) 
A FARM AGRICULTURAL BUILDING, as provided in ORS 455.315. is a 
structure located on a farm and used in conjunction with an existing farm 
operation for: 
a. the storage, maintenance or repair of farm machinery and equipment: 
b. all other uses essential to the preparation, storage, and management 
of farm products for profit as outlined by Section 1.090 definition of 
"Farm Use." 
A FARM AGRICULTURAL BUILDING is not: 
a. a dwelling or use accessory to a residential use: 
b. a structure where 10 or more persons are present at any one time except 
for the purpose of growing plants: 
c. a structure regulated by the State Fire Marshal per ORS chapter 476: 
d. a structure for public use: or 
e. permit exempt if it is located in the floodplain and subject to Floodplain 
regulations of Article 30 of the LUDO. 
Note: mechanical, plumbing and electrical permits may still be required for a 
building-permit exempt. Farm Agricultural Building. 
8 
OUTDOOR EVENTS: remove reference to statutory mass gathering from LUDO 
definition of OUTDOOR GATHERING and make it a separate definition to clarify 
that the statutory mass gathering is not a land use decision and that the statutory 
mass gathering requirements are not additive to the provisions of the Article 41, 
TUP review process for outdoor events. Clarify that an outdoor event is not a 
statutory mass gathering by capping attendance at less than 3,000, and specifically 
exclude agri-tourism and other commercial events that are related to and supportive 
of agriculture from the definition of outdoor events . • • Effect: Clarification 
ACTION: AMEND DEFINITION OF OUTDOOR GATHERING AT1. 090, DEFINITIONS, TO CLARIFY 
THAT AN OUTDOOR EVENT IS NOT A STATUTORY OUTDOOR MASS GATHERING AND 
SPECIFICALLY EXCLUDE AGRI-TOURISM AND OTHER COMMERCIAL EVENTS THAT ARE 
RELATED TO AND SUPPORTIVE OF AGRICULTURE FROM THE DEFINITION OF OUTDOOR 
EVENTS, (P. 1-23), CHANGE REFERENCES TO OUTDOOR GATHERINGS TO EVENTS AND 
CLARIFY DEFINITION AT ARTICLE 41, (P. 3.251), AND ADD NEW DEFINITION OF STATUTORY 
MASS GATHERING AT 1.090, DEFINITIONS, WHICH SPECIFICALLY EXCLUDES STATUTORY 
DEFINITION OF AGRI-TOURISM (P. 1-30) 
SECTION 1.090 Definitions 
OUTDOOR EVENT: An assembly that is held outside of a public park primarily 
in open spaces and not in any permanent structure, where either: the 
anticipated attendance will be more than 1.000 but less than 3.000 persons, 
or: the event is expected to continue for more than three days within any three 
month period. Temporary Events of less than 1.000 persons that will not 
continue for more than three days within any three month period are subject 
to LUDO Section 3.41.050. Outdoor Events and Temporary Events are not 
"outdoor mass gatherings" as defined by ORS 433.735 and are not Agri-
tourism events as provided for by ORS 215.283(4). 
SECTION 3.41.050 Temporary Event Outdoor Gathering 
Outdoor gatherings and e Temporary Events are events held outside of a 
public park that have an expected attendance of 1,000 or less people, that will not 
continue for more than three days within any three month period, and that will be 
located in a rural or resource area—Temporary Events are exempt from 
administrative reviewj provided that proof of compliance with the following standards 
is demonstrated prior to the gathering or event, and ministerial authorization is 
obtained from the Director: 
[no change to 1. and 2 ] 
3. There must be a plan for safe and adequate access to the gathering or event 
site. The plan for access shall be approved by the County Engineer. 
[no change to 4. and 5 ] 
6. Except for gatherings and events sponsored by non-profit organizations, there 
shall be no commercial aspect including admission to the event. 
9 
SECTION 3.41.100 Uses 
Temporary structures, activities or uses may be permitted authorized, subject to 
notice pursuant to LUDO Section §2.060.1 of this ordinance, as necessary to 
provide for housing of personnel, storage and use of supplies and equipment, or 
to provide for temporary sales offices for uses permitted in the zoning district. Other 
uses may include temporary signs, outdoor gatherings events, short term uses, 
roadside stands, or other uses not specified in this ordinance and not so recurrent 
as to require a specific or general regulation to control them. 
SECTION 1.090, DEFINITIONS 
STATUTORY "OUTDOOR MASS GATHERING." as defined bv ORS 433.735. and 
unless otherwise defined by county ordinance, means an actual or reasonably 
anticipated assembly of more than 3.000 persons which continues or can 
reasonably be expected to continue for more than 24 consecutive hours but 
less than 120 hours within any three-month period and which is held primarily 
in open spaces and not in any permanent structure. Any decision for a permit 
to hold an outdoor mass gathering as defined by statute is not a land use 
decision and is appealable to circuit court. Outdoor mass gatherings do not 
include agri-tourism events and activities as provided for by ORS 215.283(4) 
and do not include a Temporary Event or Outdoor Event reviewed under 
Article 41. 
3. Zoning and Overlay Maps: restore 2008 adopted language via scriveners error and 
clarify, official maps for zoning (p. 3-2) 4 • Effect: Clarification 
ACTION: 2008ADOPTED LANGUAGE, RESTORED VIA SCRIVENER CORRECTION WITH THESE 
AMENDMENTS, APPEARS BELOW. REVISE LANGUAGE TO CLARIFY AT 3.1.040, (P. 3-2). 
SECTION 3.1.040 Zoning and Overlay Maps 
The Douglas County Zoning Maps and Overlay Maps are digitized (with the 
exception of the Coastal Goals and Airport Impact overlay maps) and consist of a 
computer file that is backed up to insure that the electronic information is protected. 
A hard copy of the current digital maps is located at the County Planning 
Department Office. Digitized maps for Mineral Resources. Riparian Corridors, 
Floodplains and Coastal Goal issues are graphic representations and must be 
used in conjunction with the hard copy Plan overlay mapping. The Douglas 
County Zoning Maps and overlay maps are certified by the Director as being the 
official zoning and overlay maps adopted by reference in §3.1.030. Hard copies of 
all county zoning and overlay maps are located at the Planning Department. 
4. Temporary TR Uses, clarify, with a footnote, that a temporary portable facility for 
the primary processing of forest products, including processing forest products into 
biofuel, is a conditional use in the TR zone.*- > Effect: Clarification 
ACTION: ADD A FOOTNOTE TO TR REFERENCE TO TEMPORARY ONSITE STRUCTURES AT 
3.2.050, (P. 3-9) 
10 
SECTION 3.2.050 Permitted Uses 
3. Temporary onsite structures which are auxiliary to and used during the term of 
a particular forest operation, unless the temporary use is specifically listed as a 
conditional use in the TR zone.1 
- A temporary portable facility for the primary processing of forest products (including the 
processing of a forest product into biofuel) is a conditional use, pursuant to Section 3.2.100.1. 
Owner of Record Dwelling Standards for "Owner of Record" Dwellings, clarify 
clear and objective standards of ministerial OOR review process.• 4- Effect: 
Clarification 
ACTION: REVISE LANGUAGE TO CLARIFY STANDARDS AT 3.2.155 (TR), (p. 3-14) 
Section 3.2.155 Standards for "Owner of Record" Dwellings 
A dwelling on a lot or parcel that was lawfully created in compliance with the 
LUDO Section 1.090 definition of Lot of Record, and was acquired... 
[no change to 1.] 
2. Findings must be made to satisfy all of the followinqThe tract on which the 
dwelling will be sited : 
a. That the tract on which the dwelling will be sited does not currently include 
a dwelling . and t 
b. That if the lot or parcel on which the dwelling will be sited was part of a tract 
on November 4, 1993, no dwelling exists on another lot or parcel that was 
part of that tract. 
c. That t lhe tract is composed of soils not capable of producing 5,000 cubic 
feet per year of commercial tree species. 
d. That tThe tract is located within 1,500 feet of a maintained public road... 
e. That the location of the homesite is consistent with the wildlife habitat 
requirements in Article 32. The dwelling will not exceed an areawide (i.e.. 
Planning Advisory Committee geographic planning area), density of 
one dwelling unit per 40 acres, in areas so designated on the Peripheral 
Big Game Habitat Map of the Comprehensive Plan. 
f. That the proposed dwelling will meet the siting standards contained in 
Section 3.2.160 and the fire safety requirements and guidelines outlined in 
Section 3.2.170. 
[no change to 3., 4. and 5.] 
ACTION: REVISE LANGUAGE TO CLARIFY STANDARDS A T 3.3.125 (FG), (p. 3-14), and at 
3.4.125 (FC), (P. 3-44) 
11 
FG, 3.3.125 & FC, 3.4.125, Standards for "Owner of Record" Dwellings 
A dwelling on a lot or parcel that was lawfully created in compliance with the 
LUDO Section 1.090 definition of Lot of Record, and was acquired... 
[no change to 1. and 2 ] 
3. The land in the tract is not etthef composed predominantly of soils that are: 
a. Characterized by predominantly i irrigated prime, ... as designated by the 
Natural Resources Conservation Service (NRCS)/ of the U.S. Department 
of Agriculture (formerly the Soil Conservation Service); or 
b. Planted with Growing "specified perennials"... grown for market or research 
purposes... 
c. The soil class, soil rating, or soil designation of a specific lot or parcel may 
be changed if the property owner: 
Submits a statement of agreement from the NRCS that the soil data 
should be adjusted based on new information; or 
(2 ) Submits a report from a soils scientist whose credentials are 
acceptable to the State Department of Agriculture that the soil class, 
soil rating or other soil designation should be changed; and 
(3 ) Submits a statement from the State Department of Agriculture that the 
Director of Agriculture or the director's designee has reviewed the 
report described in subparagraph 2) above and finds the analysis in 
the report to be soundly and scientifically based. 
4. The location of the homesite is consistent with the wildlife habitat 
requirements in Article 32. The dwelling will not exceed an areawide (i.e.. 
Planning Advisory Committee geographic planning area), density of 
one dwelling unit per 40 acres, in areas so designated on the Peripheral 
Big Game Habitat Map of the Comprehensive Plan. 
[no change to 5., 6., 7. and 8.] 
- A challenge to the soils data provided by the Natural Resources Conservation Service 
pertaining to whether land qualifies as agricultural land must be made in accordance with the 
provisions of applicable statutes and administrative rules. 
ACTION: REVISE LANGUAGE TO CLARIFY STANDARDS AT 3.5.115 (FF), (p. 3-54) 
Section 3.5.115 Standards for "Owner of Record" Dwellings 
A dwelling on a lot or parcel that was lawfully created in compiiance with the 
LUDO Section 1.090 definition of Lot of Record, and was acquired... 
[no change to 1. and 2.] 
12 
3. If the predominant use of the tract is agriculture, the land in the tract is not eithef 
composed predominantly of soils that are: 
a. Characterized by predominantly i Irrigated prime,... as designated by the 
Natural Resources Conservation Service (NRCS)/ of the U.S. Department 
of Agriculture (formerly the Soil Conservation Sen/ice); or 
b. Planted with Growing "specified perennials"... gfown for market... 
c. The soil class, soil rating, or soil designation of a specific lot or parcel may 
be changed if the property owner: 
(4)— Submits a statement of agreement from the NRCS that the soil data 
should be adjusted based on new information; or 
(2 ) Submits a report from a soils scientist whose credentials are 
acceptable to the State Department of Agriculture that the soil class, 
soil rating or other soil designation should be changed; and 
(3 ) Submits a statement from the State Department of Agriculture that the 
Director of Agriculture or the director's designee has reviewed the 
report described in subparagraph 2) above and finds the analysis in 
the report to be soundly and scientifically based. 
4. If the predominant use of the tract is forestry the following must be satisfied: 
a. That tThe tract is composed of soils not capable... 
b. That tThe tract is located within 1,500 feet of a maintained public road ... 
e. That the proposed dwelling will meet the siting standards contained in 
Section 3.5.160 and the fire safety requirements and guidelines outlined in 
Section 3.5.170. 
[no change to d.] 
5. The location of the homesite is consistent with the wildlife habitat requirements 
in Article 32: The dwelling will not exceed an areawide (i.e.. Planning 
Advisory Committee geographic planning area), density of one dwelling 
unit per 40 acres, in areas so designated on the Peripheral Big Game 
Habitat Map of the Comprehensive Plan. 
[no change to 6., 7., 8. and 9.] 
- A challenge to the soils data provided by the Natural Resources Conservation Service 
pertaining to whether land qualifies as agricultural land must be made in accordance with the 
provisions of applicable statutes and administrative rules. 
M-1 Uses, add "auction houses" to permitted uses. • • Effect: Clarification 
ACTION: ADD "AUCTION HOUSE" TO PERMITTED USES IN THE M-1, LIGHT INDUSTRIAL ZONE 
AT 3.20.050.7 (P.3-132) 
13 
SECTION 3.20.050 Permitted Uses 
7. Wholesale business salesrooms and auction houses 
7. M-3 Uses, add "upland uses associated with or part of a use or activity permitted 
in the (MRI) Marine Industrial zone," as a permitted use+ • Effect: Clarification 
ACTION: ADD "UPLAND USES..." TO PERMITTED USES IN THE M-3, HEAVY INDUSTRIAL ZONE 
AT 3.22.050.5 (P.3-138) 
SECTION 3.22.050 Permitted Uses 
5. Upland uses associated with or part of a use or activity permitted in the 
(MRI) Marine Industrial zone. 
8. Article 30, Floodplain Overlay, clarify use of floodproofing of nonresidential 
structures, as opposed to elevating, is a deviation, "variance" to FEMA elevation 
standards, approved through a ministerial development review process. Clarify 
exemption of mono-pole utility structure at definitions. Effect: Clarification 
ACTION: REVISE NONRESIDENTIAL CONSTRUCTION STANDARDS TO INCORPORATE 
MINISTERIAL FEMA "VARIANCE" REVIEW STANDARDS FOR FLOODPROOFING PURSUANT TO 
2.060.2.F, ADD CODE PROVISION ON INSURANCE INFORMATION AND CORRECT REFERENCE 
TO SPECIALTY CODE, APPENDIX CHAPTER 31 AT 3.30.450, (P. 3-185);CORRECT 
REFERENCE TO SPECIFIC FEMA TECHNICALBULLETINAT3.30.460.2.b. (P. 3-186) CLARIFY 
THAT A MONO-POLE STRUCTURE FOR UTILITY PURPOSES IS EXEMPT FROM FLOODPLAIN 
STANDARDS AT 3.30.200, DEFINITION OF DEVELOPMENT (P. 3-174). 
SECTION 3.30.200, Definitions 
DEVELOPMENT: Any man-made change to improved or unimproved real estate, 
including but not limited to buildings or other structures, mining, dredging, filling, 
grading, paving, excavation, or drilling operations located within the area of 
special flood hazard:, except that mono-pole structures for utility purposes 
shall not be considered development for the purposes of this article. 
SECTION 3.30.450 Nonresidential Construction 
New construction and substantial improvement of any commercial, industrial or 
other nonresidential structure shall either have the lowest floor, including basement, 
elevated to a level at or above the regional flood height; or be reviewed as a 
"variance" to FEMA standards if floodproofing development is proposed. In 
all cases, the structure shall: 
Be floodproofed as provided in the State Structural Specialty Code, Appendix 
Chapter 31, so that below the base flood level the structure is watertight with 
walls substantially impermeable to the passage of water; 
2:1, Have structural components capable of resisting hydrostatic and 
hydrodynamic loads and effects of buoyancy; and 
14 
3:2. Be certified by a registered professional engineer or architect that the 
standards of this Ssubsection are satisfied. Such certifications shall be 
provided to the Official as set forth in §3.30 270. 
4:3. Nonresidential structures that are elevated, notfloodproofed, must meet the 
same standards for space below the lowest floor as provided in §3.30.455. 
Nonresidential construction, including detached accessory structures, 
garages and storage sheds not exceeding 500 square feet and agricultural 
structures for farm use to be floodproofed in lieu of elevation, may be 
reviewed under this section for a ministerial FEMA "variance" under 2.06Q.2.f. 
(development review subject to overlay), to authorize a deviation from 
elevated construction standards. 
1. The FEMA "variance" will be a part of development review. 
2. The review will provide applicant with information regarding potential 
impact on insurance rates. 
3. Any authorized structure shall be floodproofed in accordance with 
applicable FEMA Technical Bulletins. 
4. This FEMA "variance" to deviate from elevated construction standards 
will address applicable FEMA standards and will not apply to any other 
land use standards. 
5. If a construction request is inconsistent with FEMA floodproofing 
standards, a land use Variance, pursuant to LUDO Section 3.40.100. 
will be required. 
Under this section, an open structure that does not have more than one (1). 
outside wall is exempt from elevation or floodproofing. Permitting of an 
exempt structure will include requirements for: i) construction with flood 
resistant materials and anchoring: ii) a non-enclosure agreement that 
precludes additional walls on the exempt structure, and: iii) a "no-rise" 
certification if the building site for the structure is in the floodway. 
SECTION 3.30.460 Mobile Home Standards 
2. b. The manufactured dwelling stand or foundation shall be a minimum of 12 
inches above the BFE unless openings are provided per FEMA Technical 
Bulletin +=93. 
Boundary Line Adjustment Authority, as a cross-reference, cite County authority 
under ORS 92.190(3). 
ACTION: FOLD IN AUTHORITY OF ORS 92.190(3) AT 4.140, (p. 4-11) 
SECTION 4.140 Adjustment of Common Boundary Lines 
As set forth in ORS 92.190(3).-T the common boundary line between lots or 
parcels may be adjusted in accordance with this section without the replatting 
15 
procedures in ORS 92.180 and 92.185 or the vacation procedures in ORSCh. 368). 
Once a iot or parcel line has been adjusted, the adjusted line shall be the boundary 
or property line, not the original line. The Director has authority to approve a line 
adjustment as a Ministerial Action. 
10. Miscellaneous Clarifications and Scrivener Error Corrections 
• SECTION 3.1.040 Zoning Maps, restore 2008 language regarding digitization of 
zoning maps not carried forward to subsequent LUDO editions. 
The Douglas County Zoning Maps and Overlay Maps are digitized (with the 
exception of the Coastal Goals and Airport Impact overlay maps) and consist 
of a computer file that is backed up to insure that the electronic information is 
protected. A hard copy of the current digital maps is located at the County Planning 
Department Office. The Douglas County Zoning Maps and overlay maps are 
certified by the Director as being the official zoning and overlay maps adopted by 
reference in §3.1.030. Hard copies of all county zoning and overlay maps are 
located at the Planning Department. 
• SECTION 3.3.100 Buildings and Uses Permitted Conditionally, FG 
5. Community centers owned by a governmental agency or a nonprofit 
community organization operated primarily by and for residents of the local 
- delete line space -
rural community... 
• SECTION 3.5.075 Uses Permitted with Standards, FF, delete specific statutory 
reference. 
b. Except as provided in ORS 215.283(1 ){e),... 
• SECTION 3.3.200 Property Development Standards, FG, correct spelling errors. 
1 b.(1) Parcel size for non-farm uses, ... may be accommodated... 
SECTION 3.4.200 Property Development Standards, FC, correct spelling errors. 
1.e.(1) Parcel size for non-farm uses, .. .may be accommodated... 
SECTION 3.5.200 Property Development Standards, FF, correct spelling errors. 
1 .b.(2) Parcel size for non-farm uses, ... may be accommodated... 
• SECTION 3.23.B.250, Industrial Development Standards authorized by the 
2003 State Legislature, ME. These provisions were to sunset in 2006, but in 2005, 
HB 2458 deregulated the law and repealed the sunset provision. Move the 
provisions to Uses Permitted with Standards, Section 3.23.B.125. 
SECTION 3.23B.125 Industrial Development Standards authorized by the 
2003 and 2005 State Legislature 
16 
The 2003 State Legislature enacted law (HB 2614 and HB 2691) and in 2Q05 (HB 
2458) that is designed to encourage industrial development on qualifying lands outside 
of city urban growth boundaries. 
1. The following standards apply to industrial development on lands that were planned 
and zoned for industrial use as of January 1, 2004: 
a. Location: A qualifying site must be located outside of a city urban growth 
boundary (UGB), and may not be closer than three miles from a UGB containing 
a population of 20,000 or more (Roseburg). 
b. Building Size: Subject to the permit approval process, there shall be no 
limitations on the size or type of industrial buildings authorized. 
c. Sewer facilities: Subject to DEQ approval, on-site sewer facilities may be 
allowed to serve authorized industrial development on qualifying lands, but shall 
be limited in size to meet only the needs of the authorized industrial use. 
d. Other uses not permitted: On qualifying lands, the Approving Authority may not 
allow retail, commercial, or non-accessory residential development. 
e. Notice to cities: At least 21 days prior to taking action, notice of a pending 
industrial development (including sewer facilities serving the development) under 
this section shall be sent to any city with an urban growth boundary within 10 
miles of the subject site. If the city objects to the pending development, the city 
and County shall negotiate to establish conditions of approval, or changes in the 
development, to mitigate concerns raised by the city. 
2. The following standards apply to any land identified as an abandoned or diminished 
mill site regardless of current zoning: 
a. An "abandoned or diminished mill site" is a former or current wood products mill 
site that was closed after January 1, 1980, or has been operating at less than 
25% of capacity since January 1,2003, and contains, or contained, permanent 
buildings used in the production or manufacturing of wood products. The 
County shall identify and determine the boundaries of abandoned or diminished 
mill sites (the boundary may only include those areas that were improved for the 
processing or manufacturing of wood products). 
b. Sites identified by the County may be changed (either legislatively or through the 
quasi-judicial process) to an Industrial Plan and Zone designation to allow any 
level of industrial use without review under statewide planning goals 2, 3, 4, 11 
and 14. 
c. Location: The site must be located outside of a city UGB. 
d. Building Size: Subject to the permit approval process, there shall be no 
limitations on the size or type of industrial buildings authorized. 
e. Sewer facilities: Subject to DEQ approval, on-site sewer facilities, or the 
extension of sewer facilities from a city UGB or County urban unincorporated 
17 
area, may be allowed to serve authorized industrial development on qualifying 
lands, but shall be limited in size to meet only the needs of the authorized 
industrial use. 
f. Lands rezoned for industrial use under this provision may not later be rezoned 
for retail, commercial, or other non-resource uses unless a Quasi-Judicial Plan 
Amendment and exception has been approved by the Approving Authority. 
• SECTION 3.35.050 Access onto County Roads, clarify includes development 
Standards of access for new lots and parcels or development onto County roads 
are regulated by the Douglas County Public Works Department... 
• ARTICLE 43, consistently de-hyphenate the word nonfarm 
SECTION 3.43.100 Building Permits 
1.a. Any permitted non-farm dwelling... 
1.c.(2)(b) the number, location and type of existing dwellings (rere.g.,farm, non= 
farm, hardship, etc.); 
1.c.(3)(d) The proposed site of the non=farm dwelling... 
• ARTICLE 44, consistently de-hyphenate the word nonfarm; consistently refer to 
nonfarm parcels in text (not headings) 
SECTION 3.44.100 Criteria for Decision 
1. Nonresource Partitions where the remaining parcel complies with the 
minimum parcel size: The County may approve a division...each parcel to 
contain a non-farm dwelling, so long as: 
a. The non-farm dwelling(s)... 
b. The parcel(s) for the non-farm dwelling(s)... 
c The parcel(s) for the non=farm dwelling(s)... 
d. The remainder...that does not contain the non-farm dwelling(s)... 
e. The parcel(s) for the non-farm dwelling(s)... 
2. Nonresource Partitions where the original parcel is smaller than the 
minimum parcel size: The County may approve a division of land to divide a 
lot or parcel into two parcels, each to contain one non-farm dwelling, so long as: 
a. The non-farm dwellings... 
b. The parcels for the non-farm dwellings... 
c The parcels for the non-farm dwellings... 
d. The parcels for the non-farm dwellings... 
e. The parcels for the non-farm dwellings... 
f. The parcels for the non-farm dwellings... 
3. The proposed new nonfarm parcel(s) has appropriate physical characteristics... 
18 
4. The size of a new nonfarm parcel created... 
5. For each nonresourcefarm parcel created... 
[no change to 6.] 
7. New lots or parcels created under this Article, and for which a non»farm dwelling 
is required, shall not be finally approved unless the non-farm dwelling... 
CGlLUDO AMENDMENTS 2011 BOARD DRAFT DATED JANUARY 2012 wpd 
19 
S U M M A R Y 
L A N D U S E & D E V E L O P M E N T O R D I N A N C E A M E N D M E N T S 
BOARD DRAFT - JANUARY 2012 
Planning Commission Hearing: November 17, 2011 & January 12, 2012 
Board of Commissioners Hearing: January 25, 2012 
A M E N D M E N T S R E Q U I R E D T O C O M P L Y W I T H N E W S T A T E L A W S 
Subject Summary Effect 
1. PAPA 
Process 
HB 2129: stipulates that DLCD cannot require a local government to 
provide more than 35 days notice of a Post-acknowledgment Plan 
Amendment (currently 45 days). 
Deregulation 
2. Farm Worker 
Housing 
HB 2154: clarifies the statutory definitions of "farmworker," "farmworker 
housing," "owner" and "relative," in the context of provisions for farmworker 
housing only; this definition does not affect the definition of "relative" as 
used in the provisions for a second farm dwelling for a family member 
(Relative Dwelling). 
Clarification 
3. Statutory 
Wineries in 
EFU 
HB 3280: brings in winery accessory uses: wine tours, wine tasting, events, 
etc., to existing statutory provisions for a winery in conjunction w/ a 15-acre 
or 40-acre vineyard; events (number of days per year) and gross income 
from events are limited. The bill also adds a statutory provision for an 80-
acre tract winery which may permit a full service restaurant. The 15,40 and 
80-acre tract winery provisions will be added to the LUDO as uses 
permitted with standards in the EFU and FF zones to comply with new state 
law. 
Deregulation 
4. Farm 
Dwelling 
Income Test 
HB 3290: adds a third provision for meeting the farm-related dwelling 
income test by taking the average of the best three of the last five years. 
Deregulation 
5. Irrigation 
Districts 
HB 3408: makes reservoirs, irrigation canals, etc., a use permitted with 
standards to specifically prohibit park and recreational structures and 
facilities as accessory uses. 
Regulation 
6. Dump 
Trucks and 
Trailers 
SB 128: adds provision to park up to seven dump trucks and up to seven 
trailers on land zoned for forest use or mixed farm and forest use. 
Deregulation 
7. Agri-tourism SB 960: provides for four categories of agri-tourism or other commercial 
farm-related events on farm lands. The event options will be added as 
"Uses Permitted with Standards" in the EFU and Farm Forest zones, the 
standards being those as provided in ORS 215.283(4). 
Deregulation 
8. Amendment 
Resulting 
from DLCD 
Rulemaking 
Refines the limitation on EFU uses within three miles of a UGB by applying 
the three-mile standard to places of assembly with a design capacity of 
greater than 100 people, and adding spacing standards between structures 
when the standard applies. 
Regulation & 
Deregulation 
S U M M A R Y 
L A N D U S E & D E V E L O P M E N T O R D I N A N C E A M E N D M E N T S 
BOARD DRAFT - JANUARY 2012 
Planning Commission Hearing: November 17, 2011 & January 12, 2012 
Board of Commissioners Hearing: January 25, 2012 
L O C A L A M E N D M E N T S 
Subject Summary Effect 
1. Farm Agricultural 
Building 
This amendment adds the statutory definition of farm agricultural 
building to clarify structures exempt from building permits. It also 
lists structures that do not qualify as farm agricultural buildings to 
reduce confusion about the exemption. The County has used the 
broadest definition of farm use under the law for the application of 
this definition. 
Clarification 
2. Outdoor Events This amendment coordinates the local event provisions with changes 
in the state law related to winery and farm events. The provision also 
clarifies that outdoor events are not within the definition of the 
statutory mass gathering. 
Clarification 
3. Zoning and 
Overlay Maps 
This updates references to electronic versions of zoning maps 
used in the administration of our program. 
Clarification 
4. Temporary TR 
Uses 
This clarifies the distinction between permitted and conditional uses 
in the TR zone. It adds no new regulation, it simply provides better 
guidance for the administration of the law. 
Clarification 
5. Owner of Record 
Dwelling 
Standards 
This amendment clarifies the review process for owner of record 
dwellings. It also responds to recent court cases and changes in 
soils review rules. 
Clarification 
6. M-1 Uses This amendment adds and clarifies the permitted uses in the M-1 
zone. 
Deregulation 
7. M-3 Uses This amendment adds and clarifies the permitted uses in the M-3 
zone. 
Deregulation 
8. Article 30, 
Floodplain 
Overlay 
This amendment is reauired because of chanaes in the federal 
floodplain management program. FEMA now requires any flood 
proofed structure to be reviewed in a variance like process. This new 
provision adds a simplified, small V variance provision to the 
floodplain ordinance. The amendments have been coordinated with 
DLCD. 
Clarification 
& Review 
Process 
Change 
9. Boundary Line 
Adjustment 
This amendment adds a cross-reference to applicable state statutes. Clarification 
10. Correction of 
Scrivener Errors 
These amendments are housekeeping maintenance of the 
Ordinance and do not change policy or regulatory standards. They 
correct citations and numbering, and provide internal consistency 
within the Code. 
Clarification 
BEFORE THE BOARD OF COMMISSIONERS 
OF DOUGLAS COUNTY, OREGON 
DOUGLAS COUNTY OFFICIAL RECORDS 
PATRICIA K. HITT, COUNTY CLERK 
COMMISSIONERS' JOURNAL A 4 ,„-
CLERK 
01/25/2012 
CJ 2012-70 
AN ORDINANCE ADOPTING AMENDMENTS ) 
TO THE DOUGLAS COUNTY LAND USE & ) ORDINANCE NO. 2012-01-01 
DEVELOPMENT ORDINANCE (LUDO) ) 
RECITALS 
A. Amendments to the Douglas County Land Use and Development Ordinance are needed in order 
to, 1) comply with new state laws related to: plan amendment notice requirements; farm worker 
housing; wineries; farm income dwelling standards; irrigation districts and recreational facilities, 
and; agri-tourism events, 2) reflect DLCD rulemaking related to the limitation on EFU uses within 
three miles of a UGB and, 3) improve the effectiveness of the LUDO through local amendments 
clarifying LUDO provisions related to: farm agricultural buildings; outdoor events; zoning/overlay 
map updates; temporary uses in the TR zone; owner of record dwelling standards; M-1 and M-3 
uses; floodproofing review process; boundary line adjustment statutory authority, and; correction 
of miscellaneous scrivener errors. 
B. On November 17,2011, the Douglas County Planning Commission held a Legislative hearing and 
continued the hearing to the January 12, 2012 Planning Commission meeting for staff to provide 
further clarification on specified amendments. At the January 12, 2012 continued hearing, the 
Commission unanimously recommended that the amendments, as contained in the attached 
draft, be adopted by the Board of Commissioners. 
THE DOUGLAS COUNTY BOARD OF COMMISSIONERS ORDAIN AS FOLLOWS: 
SECTION ONE: The amendments contained in the green-cover attachment titled "Amendments to 
the DOUGLAS COUNTY LAND USE & DEVELOPMENT ORDINANCE (LUDO)," BOARD DRAFT dated 
January 2012, are ADOPTED and by reference made part of this ordinance. 
SECTION TWO: The amendments are necessary and appropriate and shall become effective on 
February 24, 2012. 
SECTION THREE Severability: If any provision of this ordinance is held to be invalid by any court of 
competent jurisdiction, such invalidity shall not affect the validity of any other provision of the ordinance. 
The ordinance shall be construed as if such invalid provision had never been included. 
DATED this 25th day of January, 2012. 
CG: LUDO AMENDS ORDINANCE 2011 wpd 
PATRICIA K. HITT, COUNTY CLERK 
DOUGLAS COUNTY OREGON 
FILED 
JAN 2 5 2012 
Amendments to the 
DOUGLAS COUNTY LAND USE & 
DEVELOPMENT ORDINANCE 
(LUDO) 
BOARD DRAFT 
January 2012 
Planning Commission 
November 17, 2011 & 
January 12, 2012 
Board of Commissioners 
January 25, 2012 
TABLE OF CONTENTS 
Page 
• AMENDMENTS RESULTING FROM LAW PASSED 
BY THE 2011 LEGISLATURE 
1. HB 2129: PAPA Process 1 
2. HB 2154: Farm Worker Housing 1 
3. HB 3280: Statutory Wineries in EFU 2 
4. HB 3290: Farm Dwelling Income Test 3 
5. HB 3408: Irrigation Districts 4 
6. SB 128: Dump Trucks and Trailers 5 
7. SB 960: Agri-tourism 5 
• AMENDMENTS RESULTING FROM DLCD RULEMAKING 
1. Siting Standards for Places of Assembly in EFU 7 
• LOCAL AMENDMENTS NECESSARY TO IMPROVE THE 
USE AND EFFECTIVENESS OF THE LUDO 
1. New Definition, Farm Agricultural Building 8 
2. Amended Definition, Outdoor Events 9 
3. Zoning and Overlay Maps 10 
4. Temporary TR Uses 10 
5 Owner of Record Dwelling Standards 11 
6. M-1 Uses 13 
7. M-3 Uses 14 
8. Article 30, Floodplain Overlay 14 
9. Boundary Line Adjustment Authority 15 
10. Miscellaneous Clarifications and Scrivener Errors 16 
KEY: Additions have been bolded and underlined 
Deletions have been struckout 
LAND USE & DEVELOPMENT ORDINANCE AMENDMENTS 
BOARD DRAFT, JANUARY 2012 
A M E N D M E N T S RESULTING F R O M LAW P A S S E D BY T H E 
2011 LEGISLATURE 
1. HB 2129: Post-acknowledgment Plan Amendment (PAPA) Process, changes 
notice time frames and procedures. • • Effect: Deregulation 
ACTION: CHANGE TIME FRAME FOR NOTICE IN CHAPTER 6, QUASI-JUDICIAL PLAN 
AMENDMENT, (P. 6-1) 
SECTION 6.600 Notice 
1. At least 45 35 days prior to the hearing by the Commission or Hearings 
Officer, notice shall be given as provided in §2.065 of this ordinance... 
2. HB 2154: Farm Worker Housing, clarifies definition of "farmworker" (an individual 
who performs labor, temporarily or on a continuing basis...) and "farmworker 
housing," as well as the definition of "owner" and "relative," in the context of 
farmworker housing only. This amendment does not affect the definition of "relative" 
as used in the provisions for a second single-family dwelling for a family member 
in conjunction with farm use (i.e., Relative Dwelling)> • Effect: Clarification 
ACTION: DELETE DEFINI TION OF "SEASONAL FARM WORKER HOUSING "AND ADD DEFINI TION 
OF "FARMWORKER HOUSING," AS ADDED TO ORS 215.278, AT §1.090 (DEFINITIONS), 
(P. 1-5), DELETE ARTICLE 45 REFERENCES TO "SEASONAL" FARMWORKER HOUSING AND 
REPLACE ORS CITATION 197.677-685 WITH 215.277-278, (P.3-263) 
SEASONAL TARM WORKER HOUSING:—I lousing limited to occupancy by 
seasonal farm workers and their immediate families which is occupied no more than 
nine months a year. 
FARMWORKER HOUSING: means housing: 
a. Limited to occupancy of farmworkers (as defined by ORS 
215.278(2)(b)). and their immediate families; and 
b. No dwelling unit of which is occupied by a relative (as defined by 
ORS 215.278(2Me)) of the owner or operator of the farmworker 
housing. 
3.45.100 Farm Dwelling Building Permits 
(5) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-605 215.277-278, there is no other 
dwelling... 
(7) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-665 215.277-278, there is no other 
dwelling... 
SECTION 
5. a. 
b. 
1 
c. (3) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-605 215.277-278, there is no other 
dwelling... 
d. (3) Except for seasonal—farm-worker housing as permitted 
provided in ORS 197.677-605 215.277-278, there is no other 
dwelling... 
HB 3280: Statutory Wineries in EFU, brings in winery accessory uses, wine tours, 
wine tasting/tasting rooms, private events, etc., to existing statutory provisions for 
a winery as a permitted use in conjunction with a 15-acre or 40-acre vineyard. Bill 
adds a provision for a winery in conjunction with an 80-acre tract ownership with at 
least 50 acres of vineyard and an additional 80 acres of Oregon vineyards, which 
allows the same accessory uses as the 15 and 40 acre winery provisions, but also 
adds provisions for a full service restaurant. A restaurant requires a separate permit 
and cannot materially alter the land use pattern of the area; an issued permit must 
be reviewed every 5 years for potential renewal. The 15, 40 and 80-acre statutory 
provisions will be added to the FG, FC and FF zones as Uses Permitted with 
Standards to comply with new state law. ++Effect: Deregulation 
ACTION: ADD STATUTORY PROVISIONS FOR A WINERY IN CONJUNCTION WITH A 15, 40 OR 
80 ACRE TRACT VINEYARD AS A USE PERMITTED WITH STANDARDS AND ADD RESTAURANT 
IN CONJUNCTION WITH THE 80-ACRE STATUTORY WINERY, SPECIFYING THAT THE 80 ACRE 
WINERY AND RESTAURANT WILL BE SUBJECT TO NOTICE UNDER LUDO SECTION 2.060.1, IN 
THE FG, 3.3.075, (P.3-25), FC, 3.4.075, (P.3-39) AND FF, 3.5.075 (P. 3-51) ZONES. 
DELETE LISTING FOR WINERY AS A CONDITIONAL USE IN THE AW ZONE, 3.5.100 (P. 3-65), 
WINERY IS ALREADY INCLUDED BY REFERENCE TO 3.5.100, CONDITIONAL USES IN THE FF 
ZONE, COMMERCIAL ACTIVITIES IN CONJUNCTION WITH FARM USE. 
SECTION 3.3.075 Uses Permitted with Standards, FG 
A winery in conjunction with the 15 or 40 acre tract vineyard provisions 
as set forth in ORS 215.452. 
A winery in conjunction with the 80 acre tract vineyard provisions as 
set forth in ORS 215.452. subject to LUDO Section 2.060.1 
A restaurant in conjunction with a winery authorized under the 80 acre 
tract vineyard provision of ORS 215.452. subject to LUDO Section 
2.060.1. 
SECTION 3.4.075 Uses Permitted with Standards, FC 
Awinerv in conjunction with the 15 or 40 acre tract vineyard provisions 
as set forth in ORS 215.452. 
A winery in conjunction with the 80 acre tract vineyard provision as set 
forth in ORS 215.452. subject to LUDO Section 2.060.1. 
A restaurant in conjunction with a winery authorized under the 80 acre 
tract vineyard provision of ORS 215.452. subject to LUDO Section 
2.060.1. 
SECTION 3.5.075 Uses Permitted with Standards, FF 
A winery in conjunction with the 15 or 40 acre tract vineyard provisions 
as set forth in ORS 215.452. 
A winery in conjunction with the 80 acre tract vineyard provision as set 
forth in ORS 215.452. subject to LUDO Section 2.060.1. 
A restaurant in conjunction with a winery authorized under the 80 acre 
tract vineyard provision of ORS 215.452. subject to LUDO Section 
2.060.1. 
SECTION 3.6.100 Buildings and Uses Permitted Conditionally, AW 
7-. Winery. 
4. HB 3290: Farm Dwelling Income Test, adds third provision for meeting farm-
related dwelling income test by taking the average of the best three of the last five 
years. • • Effect: Deregulation 
ACTION: FOLD INTO ARTICLE 45, FARM RELATED DWELLINGS, 3.45.100.5.C.(2), (P. 3-
265), 3.34.100.5.d.(2), (p. 3.266) and 3.45.200.1.d.(1) and (2), (P. 3-268) 
SECTION 3.45.100 Farm Dwelling Building Permits 
5. c. (2) The subject tract is currently employed in a farm use...that 
produced a gross annual income, excluding the cost of 
purchased livestock, of at least $22,500 in each of the last 
two years; Of in at least three of the last five years, or;based 
on the average farm income earned on the tract in the best 
three of the last five years. 
d. (2) The subject tract is currently employed in a farm use...that 
produced a gross annual income from the sale of farm 
products, excluding the cost of purchased livestock, of at least 
$80,000 in each of the last two years: or in at least three of 
the last five years, or;based on the average farm income 
earned on the tract in the best three of the last five years. 
SECTION 3.45.200 Permits for Accessory Farm Dwellings in EFU (FG or FC) 
and Farm Forest (FF) Zoned Areas. 
1. d. (1) On land which does not contain predominately high value 
soils.. .that produced a gross annual income, excluding the cost 
of purchased livestock, of at least $22,500 in each of the last 
two years; or in at least three of the last five years, or ;based 
on the average farm income earned on the tract in the best 
three of the last five years. 
3 
(2) On land containing predominately high value soils...that 
produced a gross annual income from the sale of farm 
products, excluding the cost of purchased livestock, of at least 
$80,000 in each of the last two years; or in at least three of 
the last five years, or ;based on the average farm income 
earned on the tract in the best three of the last five years. 
5. HB 3408: Irrigation Districts, adds "reservoirs" to ORS 215.283 (1) (t), "Irrigation 
canals, delivery lines...,"and specifically excludes park and recreational structures 
and facilities associated with a district as accessory uses. 4 E f f e c t : Regulation 
ACTION: ADD "RESERVOIRS" TO EFU PERMITTED USES, FG, 3.3.075.11. IRRIGATION 
CANALS..., (P. 3/25), ANDFC, 3.3.075.11, IRRIGATION CANALS..., (P. 3.39), AND MOVE TO 
USES PERMITTED WITH STANDARDS TO SPECIFICALLY EXCLUDE ACCESSORY PARK AND 
RECREATIONAL STRUCTURES AND FACILITIES; ADD TO USES PERMITTED WITH STANDARDS 
IN FF, 3.5.075, (P. 3-51) 
SECTION 3.3.050 Permitted Uses, FG 
tt Irrigation canals, delivery lines—and—those—structures and accessory 
operational facilities associated with an irrigation district, drainage district, 
water improvement district, or water control district (as those terms are 
defined in ORS 540). 
SECTION 3.3.075 Uses Permitted with Standards, FG 
Irrigation reservoirs, canals, delivery lines and those structures and 
accessory operational facilities, not including parks or other recreational 
structures and facilities, associated with an irrigation district, drainage 
district, water improvement district, or water control district (as those terms 
are defined in ORS 540). 
SECTION 3.4.050 Permitted Uses, FC 
44: Irrigation canals, delivery lines and those structures and accessory 
operational facilities associated with an irrigation district, drainage district, 
water improvement district, or water control district (as those terms are 
defined in ORS 540). 
SECTION 3.4.075 Uses Permitted with Standards, FC 
Irrigation reservoirs, canals, delivery lines and those structures and 
accessory operational facilities, not including parks or other recreational 
structures and facilities, associated with an irrigation district, drainage 
district, water improvement district, or water control district (as those terms 
are defined in ORS 540). 
4 
SECTION 3.5.075 Uses Permitted with Standards, FF 
Irrigation reservoirs, canals, delivery lines and those structures and 
accessory operational facilities, not including parks or other recreational 
structures and facilities, associated with an irrigation district, drainage 
district, water improvement district, or water control district (as those terms 
are defined in ORS 540). 
SB 128: Dump Trucks and Trailers, adds provision to park up to seven dump 
trucks and up to seven trailers on land zoned for forest use or mixed farm and forest 
use unless the local government determines such use will "force a significant 
change in, or significantly increase the cost of, farm or forest practices on 
surrounding lands devoted to farm or forest use." • • Effect: Deregulation 
ACTION: ADD "PARKING OF UP TO SEVEN DUMP TRUCKS AND UP TO SEVEN TRAILERS, "AS 
A USE PERMITTED WITH STANDARDS IN THE TR ZONE, 3.2.075, (P. 3-11) AND FF ZONE, 
3.5.075, (P.3-54) 
SECTION 3.2.075 Uses Permitted with Standards, TR 
Parking of up to seven dump trucks and up to seven trailers unless the 
County determines that dump truck/trailer parking on a particular lot or parcel 
will: 
«L_ Force a significant change in accepted farm or forest practices on 
surrounding lands devoted to farm or forest use: or 
b. Significantly increase the cost of accepted farm or forest practices on 
surrounding lands devoted to farm or forest use. 
SECTION 3.5.075 Uses Permitted with Standards, FF 
Parking of up to seven dump trucks and up to seven trailers unless the 
County determines that dump truck/trailer parking on a particular lot or parcel 
will: 
a. Force a significant change in accepted farm or forest practices on 
surrounding lands devoted to farm or forest use: or 
b. Significantly increase the cost of accepted farm or forest practices on 
surrounding lands devoted to farm or forest use. 
SB 960: Agri-tourism, provides for new agri-tourism or other commercial events 
or activities which are related to and supportive of agriculture to be established on 
lands zoned for farm use. ORS 215.283(4) identifies four categories of agri-
tourism/commercial events or activities, each of which must be incidental and 
subordinate to existing farm use on a tract. "Outdoor mass gathering" and "other 
gathering," as those terms are used in ORS 197.015(10)(d), do not include agri-
tourism or other commercial events and activities as those terms are used in the 
new agri-tourism provisions of ORS 215.283(4). • • Effect: Deregulation 
The four categories of events identified by ORS 215.283(4) are: 
(a) Single Event: calendar year; up to 72 hours (3 days); 500 people; 250 vehicles; 
non-transferrable; cannot force a significant change in, or significantly increase the 
cost of farm or forest practices on surrounding lands devoted to farm or forest use. 
(b) Expedited Single Event License: calendar year; not a land use decision; single-
event license issued; non-transferrable; 6 a.m. to 10 p.m., 100 attendees; 50 
vehicles; music 8 a.m. to 8 p.m., 10 acre tract. 
(c) Limited Use Permit: up to 6 events in a calendar year; up to 72 hours each; 
cannot force a significant change in, or significantly increase the cost of farm or 
forest practices on surrounding lands devoted to farm or forest use; cannot, in 
combination with other agri-tourism or other commercial events or activities 
authorized in the area, materially alter the stability of the land use pattern in the 
area; may issue permit for 2 calendar years, and may consider application for 
renewal. 
(d) Up to 18 Events in a Calendar Year: but must be incidental and subordinate to 
existing "commercial" farm use of the tract, and be "necessary to support the 
commercial farm uses or the commercial agricultural enterprises in the area " m u s t 
meet the minimum parcel size; must request review of the permit at four-year 
intervals which requires notice and opportunity. 
ACTION: ADD DEFINITION OF AGRI-TOURISM AT 1.090, DEFINITIONS, (P. 1-6), WHICH 
SPECIFICALLY EXCLUDES STATUTORY DEFINITION OF "OUTDOOR MASS GATHERING. "ADD 
AG-TOURISM EVENTS AS USES PERMITTED WITH STANDARDS IN THE EFU AND FF ZONES AT 
3.3.075 (P. 3-25), 3.4.075 (P. 3-39) AND 3.5.075 (P. 3-51), WITH THE "LIMITED USE 
PERMlT'AND "UP TO 18 EVENTS"PROVISIONS SUBJECT TO SECTION 2.060.1 
SECTION 1.090 Definitions 
AGRI-TOURISM: As provided for by ORS 215.283(4). commercial events or 
activities which are related to and supportive of agriculture which may be 
established on lands zoned for farm use. Agri-tourism does not include 
"outdoor mass gatherings" as defined by ORS 433.735. 
SECTION 3.3.075 Uses Permitted with Standards, FG 
Agri-tourism commercial events or activities as provided for by ORS 
215.283(4). with the "Limited Use Permit" provision and the "Up to 18 Events 
in a Calendar Year" provision subject to LUDO Section 2.060.1. 
SECTION 3.4.075 Uses Permitted with Standards, FC 
Agri-tourism commercial events or activities as provided for by ORS 
215.283(4). with the "Limited Use Permit" provision and the "Up to 18 Events 
in a Calendar Year" provision subject to LUDO Section 2.060.1. 
6 
SECTION 3.5.075 Uses Permitted with Standards, FF 
Agri-tourism commercial events or activities as provided for by ORS 
215.283(4). with the "Limited Use Permit" provision and the "UP to 18 Events 
in a Calendar Year" provision subject to LUDO Section 2.060.1. 
A M E N D M E N T S RESULTING D L C D R U L E M A K I N G 
1. Siting Standards for places of assembly in EFU, revise in accordance with DLCD 
Rule amendments to the siting standards of OAR 660-33-130 (2), which state, 
(2J(a) No enclosed structure with a design capacity greater than 100 
people, or group of structures with a total design capacity of greater 
than 100 people, shall be approved in connection with the use within 
three miles of an urban growth boundary, unless an exception is 
approved pursuant to ORS 197.732 and OAR chapter 660, division 
4, or unless the structure is described in a master plan adopted under 
the provisions of OAR chapter 660, division 34. 
(b) Any enclosed structures or group of enclosed structures described 
in subsection (a) within a tract must be separated by at least one half 
mile. For purposes of this section, "tract" means a tract as defined by 
ORS 215.010(2) that is in existence as of June 17, 2010. 
(c) Existing facilities wholly within a farm use zone maybe maintained, 
enhanced or expanded on the same tract, subject to other 
requirements of law, but enclosed existing structures within a farm 
use zone within three miles of an urban growth boundary may not be 
expanded beyond the requirements of this rule. 
++Effect: Regulation and Deregulation 
ACTION: REVISE THE LANGUAGE FOR CHURCHES AS A USE PERMITTED WITH STANDARDS IN 
THE EFU ZONES AT 3.3.075.5, FG (P. 3- 26) and, 3.4.075.5, FC (P. 3-40) and as a 
conditional use in the ffzone at 3.5.100.9, (P. 3-54). [SCHOOLS, WHICH WENT FROM 
PERMITTED TO CONDITIONALLY PERMITTED USES IN EFU AS A RESULT OF 2009 
LEGISLATION, ARE ALREADY CODIFIED AS BEING SUBJECT TO THE SITING STANDARDS OF 
OAR 660, DIVISION 33 ] 
SECTION 3.3.075 Uses Permitted with Standards, FG 
5. Churches, subject to §2.065.2, provided that they are not within 3 miles of an 
urban growth boundary unless an exception is approved pursuant to ORS 
197.732 and OAR 660. Division 4 and the standards of OAR 660-33-130 
regarding siting and spacing for a structure or group of structures with 
a design capacity of greater than 100 people. Existing churches may be 
maintained, enhanced or expanded on the same tract without an exception 
, except that enclosed existing structures within a farm use zone within 
three miles of an urban growth boundary may not be expanded beyond 
the requirements of the above-cited OAR, without an exception. New... 
SECTION 3.4.075 Uses Permitted with Standards, FC 
5. Churches, subject to §2.065.2, provided that they are not within 3 miles of an 
urban growth boundary unless an exception is approved pursuant to ORG 
197.732 and OAR 660. Division 4 and the standards of OAR 660-33-130 
regarding siting and spacing for a structure or group of structures with 
a design capacity of greater than 100 people. Existing churches may be 
maintained, enhanced or expanded on the same tract without an exception 
. except that enclosed existing structures within a farm use zone within 
three miles of an urban growth boundary may not be expanded beyond 
the requirements of the above-cited OAR, without an exception. New... 
SECTION 3.5.100 Buildings and Uses Permitted Conditionally, FF 
9. Churches and public or private schools, including all buildings essential to 
the operation of a school, provided that all such places of assembly shall 
be consistent with the siting standards of OAR 660-33-130 . they are not 
within 3 miles of a UGD unless an exception is approved pursuant to ORG 
197.732 and OAR 660 Division 4. 
LOCAL A M E N D M E N T S N E C E S S A R Y TO I M P R O V E T H E U S E 
A N D EFFECTIVENESS OF T H E L U D O 
New Definition: add definition of Farm Agricultural Building to clarify statutory 
requirements as well as issues related to floodplain, exemptions from building 
permit and electrical permits. • • Effect: Clarification 
SECTION 1.090 Definitions 
ACTION: ADD FARM AG BUILDING TO DEFINITIONS. (P. 1-12) 
A FARM AGRICULTURAL BUILDING, as provided in ORS 455.315. is a 
structure located on a farm and used in conjunction with an existing farm 
operation for: 
a. the storage, maintenance or repair of farm machinery and equipment; 
b. all other uses essential to the preparation, storage, and management 
of farm products for profit as outlined by Section 1.090 definition of 
"Farm Use." 
A FARM AGRICULTURAL BUILDING is not: 
a. a dwelling or use accessory to a residential use: 
b. a structure where 10 or more persons are present at any one time except 
for the purpose of growing plants: 
Ci a structure regulated by the State Fire Marshal per ORS chapter 476: 
d. a structure for public use: or 
e. permit exempt if it is located in the floodplain and subject to Floodplain 
regulations of Article 30 of the LUDO. 
Note: mechanical, plumbing and electrical permits may still be required for a 
building-permit exempt. Farm Agricultural Building. 
8 
2. OUTDOOR EVENTS: remove reference to statutory mass gathering from LUDO 
definition of OUTDOOR GATHERING and make it a separate definition to clarify 
that the statutory mass gathering is not a land use decision and that the statutory 
mass gathering requirements are not additive to the provisions of the Article 41, 
TUP review process for outdoor events. Clarify that an outdoor event is not a 
statutory mass gathering by capping attendance at less than 3,000, and specifically 
exclude agri-tourism and other commercial events that are related to and supportive 
of agriculture from the definition of outdoor events . • • Effect: Clarification 
ACTION: AMEND DEFINITION OF OUTDOOR GATHERING AT 1.090, DEFINITIONS, TO CLARIFY 
THAT AN OUTDOOR EVENT IS NOT A STATUTORY OUTDOOR MASS GATHERING AND 
SPECIFICALLY EXCLUDE AGRI-TOURISM AND OTHER COMMERCIAL EVENTS THAT ARE 
RELATED TO AND SUPPORTIVE OF AGRICULTURE FROM THE DEFINITION OF OUTDOOR 
EVENTS, (P. 1-23), CHANGE REFERENCES TO OUTDOOR GATHERINGS TO EVENTS AND 
CLARIFY DEFINITION AT ARTICLE 41, (P. 3.251), AND ADD NEW DEFINITION OF STATUTORY 
MASS GATHERING AT 1.090, DEFINITIONS, WHICH SPECIFICALLY EXCLUDES STATUTORY 
DEFINITION OF AGRI-TOURISM (P. 1-30) 
SECTION 1.090 Definitions 
OUTDOOR EVENT: An assembly that is held outside of a public park primarily 
in open spaces and not in any permanent structure, where either: the 
anticipated attendance will be more than 1.000 but less than 3.000 persons, 
or: the event is expected to continue for more than three days within any three 
month period. Temporary Events of less than 1,000 persons that will not 
continue for more than three days within any three month period are subject 
to LUDO Section 3.41.050. Outdoor Events and Temporary Events are not 
"outdoor mass gatherings" as defined by ORS 433.735 and are not Agri-
tourism events as provided for by ORS 215.283(4). 
SECTION 3.41.050 Temporary Event Outdoor Gathering 
Outdoor gatherings and e Temporary Events are events held outside of a 
public park that have an expected attendance of 1,000 or less people, that will not 
continue for more than three days within any three month period, and that will be 
located in a rural or resource area—Temporary Events are exempt from 
administrative revieWj provided that proof of compliance with the following standards 
is demonstrated prior to the gathering or event, and ministerial authorization is 
obtained from the Director: 
[no change to 1. and 2.] 
3. There must be a plan for safe and adequate access to the gathering or event 
site. The plan for access shall be approved by the County Engineer. 
[no change to 4. and 5 ] 
6. Except for gatherings and events sponsored by non-profit organizations, there 
shall be no commercial aspect including admission to the event. 
9 
SECTION 3.41.100 Uses 
Temporary structures, activities or uses may be permitted authorized, subject to 
notice pursuant to LUDO Section §2.060.1 of this ordinance, as necessary to 
provide for housing of personnel, storage and use of supplies and equipment, or 
to provide for temporary sales offices for uses permitted in the zoning district. Other 
uses may include temporary signs, outdoor gatherings events, short term uses, 
roadside stands, or other uses not specified in this ordinance and not so recurrent 
as to require a specific or general regulation to control them. 
SECTION 1.090, DEFINITIONS 
STATUTORY "OUTDOOR MASS GATHERING." as defined bv ORS 433.735. and 
unless otherwise defined by county ordinance, means an actual or reasonably 
anticipated assembly of more than 3.000 persons which continues or can 
reasonably be expected to continue for more than 24 consecutive hours but 
less than 120 hours within any three-month period and which is held primarily 
in open spaces and not in any permanent structure. Any decision for a permit 
to hold an outdoor mass gathering as defined by statute is not a land use 
decision and is appealable to circuit court. Outdoor mass gatherings do not 
include agri-tourism events and activities as provided for by ORS 215.283(4) 
and do not include a Temporary Event or Outdoor Event reviewed under 
Article 41. 
3. Zoning and Overlay Maps, restore 2008 adopted language via scriveners error and 
clarify, official maps for zoning (p. 3-2) • • Effect: Clarification 
ACTION: 2008ADOPTED LANGUAGE, RESTORED VIA SCRIVENER CORRECTION WITH THESE 
AMENDMENTS, APPEARS BELOW. REVISE LANGUAGE TO CLARIFY AT 3.1.040, (P. 3-2). 
SECTION 3.1.040 Zoning and Overlay Maps 
The Douglas County Zoning Maps and Overlay Maps are digitized (with the 
exception of the Coastal Goals and Airport Impact overlay maps) and consist of a 
computer file that is backed up to insure that the electronic information is protected. 
A hard copy of the current digital maps is located at the County. Planning 
Department Office. Digitized maps for Mineral Resources. Riparian Corridors, 
Floodplains and Coastal Goal issues are graphic representations and must be 
used in conjunction with the hard copy Plan overlay mapping. The Douglas 
County Zoning Maps and overlay maps are certified by the Director as being the 
official zoning and overlay maps adopted by reference in §3.1.030. Hard copies of 
all county zoning and overlay maps are located at the Planning Department. 
4. Temporary TR Uses, clarify, with a footnote, that a temporary portable facility for 
the primary processing of forest products, including processing forest products into 
biofuel, is a conditional use in the TR zone*- • Effect: Clarification 
ACTION: ADD A FOOTNOTE TO TR REFERENCE TO TEMPORARY ONSITE STRUCTURES AT 
3.2.050, (p. 3-9) 
10 
SECTION 3.2.050 Permitted Uses 
3. Temporary onsite structures which are auxiliary to and used during the term of 
a particular forest operation, unless the temporary use is specifically listed as a 
conditional use in the TR zone.1 
- A temporary portable facility for the primary processing of forest products (including the 
processing of a forest product into biofuet) is a conditional use, pursuant to Section 3.2.100.1. 
Owner of Record Dwelling Standards for "Owner of Record" Dwellings, clarify 
clear and objective standards of ministerial OOR review process.• • Effect-
Clarification 
ACTION: REVISE LANGUAGE TO CLARIFY STANDARDS AT 3.2.155 (TR), (P. 3-14) 
Section 3.2.155 Standards for "Owner of Record" Dwellings 
A dwelling on a lot or parcel that was lawfully created in compliance with the 
LUDO Section 1.090 definition of Lot of Record, and was acquired... 
[no change to 1.] 
2. Findings must be made to satisfy all of the followingThe tract on which the 
dwelling will be sited : 
a. That the tract on which the dwelling will be sited does not currently include 
a dwelling . and t 
b. That if the lot or parcel on which the dwelling will be sited was part of a tract 
on November 4, 1993, no dwelling exists on another lot or parcel that was 
part of that tract. 
c. That tThe tract is composed of soils not capable of producing 5,000 cubic 
feet per year of commercial tree species. 
d. That tThe tract is located within 1,500 feet of a maintained public road... 
e. That the location of the homesite is consistent with the wildlife habitat 
requirements in Article 32. The dwelling will not exceed an areawide (i.e.. 
Planning Advisory Committee geographic planning area), density of 
one dwelling unit per 40 acres, in areas so designated on the Peripheral 
Big Game Habitat Map of the Comprehensive Plan. 
f. That the proposed dwelling will meet the siting standards contained in 
Section 3.2.160 and the fire safety requirements and guidelines outlined in 
Section 3.2.170. 
[no change to 3., 4. and 5.] 
ACTION: REVISE LANGUAGE TO CLARIFY STANDARDS AT 3.3.125 (FG), (P. 3-14), and at 
3.4.125 (FC), (P. 3-44) 
11 
FG, 3.3.125 & FC, 3.4.125, Standards for "Owner of Record" Dwellings 
A dwelling on a lot or parcel that was lawfully created in compliance with the 
LUDO Section 1.090 definition of Lot of Record, and was acquired... 
[no change to 1. and 2 ] 
3. The land in the tract is not either composed predominantly of soils that are: 
a. Characterized by predominantly i Irrigated prime, ... as designated by the 
Natural Resources Conservation Service (NRCS)J of the U.S. Department 
of Agriculture (formerly the Soil Conservation Service); or 
b. Planted with Growing "specified perennials"... grown for market or research 
purposes... 
c. The soil class, soil rating, or soil designation of a specific lot or parcel may 
be changed if the property owner: 
(4) Submits a statement of agreement from the NRCS that the soil data 
should be adjusted based on new information; or 
(2 ) Submits a report from a soils scientist whose credentials are 
acceptable to the State Department of Agriculture that the soil class, 
soil rating or other soil designation should be changed; and 
(3 ) Submits a statement from the State Department of Agriculture that the 
Director of Agriculture or the director's designee has reviewed the 
report described in subparagraph 2) above and finds the analysis in 
the report to be soundly and scientifically based. 
4. The location of the homesite is consistent with the wildlife habitat 
requirements in Article 32. The dwelling will not exceed an areawide (i.e.. 
Planning Advisory Committee geographic planning area), density of 
one dwelling unit per 40 acres, in areas so designated on the Peripheral 
Big Game Habitat Map of the Comprehensive Plan. 
[no change to 5., 6., 7. and 8.] 
- A challenge to the soils data provided by the Natural Resources Conservation Service 
pertaining to whether land qualifies as agricultural land must be made in accordance with the 
provisions of applicable statutes and administrative rules. 
ACTION: REVISE LANGUAGE TO CLARIFY STANDARDS AT 3.5.115 (FF), (P. 3-54) 
Section 3.5.115 Standards for "Owner of Record" Dwellings 
A dwelling on a lot or parcel that was lawfully created in compliance with the 
LUDO Section 1.090 definition of Lot of Record, and was acquired... 
[no change to 1. and 2.] 
12 
3. If the predominant use of the tract is agriculture, the land in the tract is not eithef 
composed predominantly of soils that are: 
a. Characterized by predominantly i Irrigated prime,... as designated by the 
Natural Resources Conservation Service (NRCS)/ of the U.S. Department 
of Agriculture (formerly the Soil Conservation Service); or 
b. Planted with Growing "specified perennials"... grown for market... 
c. The soil class, soil rating, or soil designation of a specific lot or parcel may 
be changed if the property owner: 
f t ) Submits a statement of agreement from the NRCS that the soil data 
should be adjusted based on new information; or 
(2) Submits a report from a soils scientist whose credentials are 
acceptable to the State Department of Agriculture that the soil class, 
soil rating or other soil designation should be changed; and 
f6) Submits a statement from the State Department of Agriculture that the 
Director of Agriculture or the director's designee has reviewed the 
report described in subparagraph 2) above and finds the analysis in 
the report to be soundly and scientifically based. 
4. If the predominant use of the tract is forestry the following must be satisfied: 
a. That tThe tract is composed of soils not capable... 
b. That tThe tract is located within 1,500 feet of a maintained public road ... 
c. That the proposed dwelling will meet the siting standards contained in 
Section 3.5.160 and the fire safety requirements and guidelines outlined in 
Section 3.5.170. 
[no change to d.] 
5. The location of the homesite is consistent with the wildlife habitat requirements 
in Article 32: The dwelling will not exceed an areawide (i.e.. Planning 
Advisory Committee geographic planning area), density of one dwelling 
unit per 40 acres, in areas so designated on the Peripheral Big Game 
Habitat Map of the Comprehensive Plan. 
[no change to 6., 7., 8. and 9.] 
- A challenge to the soils data provided by the Natural Resources Conservation Service 
pertaining to whether land gualifies as agricultural land must be made in accordance with the 
provisions of applicable statutes and administrative rules. 
M-1 Uses, add "auction houses" to permitted uses. • 4- Effect: Clarification 
ACTION: ADD "AUCTION HOUSE" TO PERMITTED USES IN THE M-1, LIGHT INDUSTRIAL ZONE 
AT 3.20.050.7 (P 3-132) 
13 
SECTION 3.20.050 Permitted Uses 
7. Wholesale business salesrooms and auction houses 
7. M-3 Uses, add "upland uses associated with or part of a use or activity permitted 
in the (MRI) Marine Industrial zone," as a permitted use* • Effect: Clarification 
ACTION; ADD "UPLAND USES..." TO PERMITTED USES IN THE M-3, HEAVY INDUSTRIAL ZONE 
AT 3.22.050.5 (P.3-138) 
SECTION 3.22.050 Permitted Uses 
5. Upland uses associated with or part of a use or activity permitted in the 
(MRI) Marine Industrial zone. 
8. Article 30, Floodplain Overlay, clarify use of floodproofing of nonresidential 
structures, as opposed to elevating, is a deviation, "variance" to FEMA elevation 
standards, approved through a ministerial development review process. Clarify 
exemption of mono-pole utility structure at definitions. Effect: Clarification 
ACTION: REVISE NONRESIDENTIAL CONSTRUCTION STANDARDS TO INCORPORATE 
MINIS TERIAL FEMA "VARIANCE" REVIEW STANDARDS FOR FLOODPROOFING PURSUANT TO 
2.060.2. f, ADD CODE PROVISION ON INSURANCE INFORMATION AND CORRECT REFERENCE 
TO SPECIALTY CODE, APPENDIX CHAPTER 31 AT 3.30.450, (P. 3-185);CORRECT 
REFERENCE TO SPECIFIC FEMA TECHNICAL BULLETIN AT3.30.460.2.b. (P. 3-186) CLARIFY 
THAT A MONO-POLE STRUCTURE FOR UTILITY PURPOSES IS EXEMPT FROM FLOODPLAIN 
STANDARDS AT 3.30.200, DEFINITION OF DEVELOPMENT (P. 3-174). 
SECTION 3.30.200, Definitions 
DEVELOPMENT: Any man-made change to improved or unimproved real estate, 
including but not limited to buildings or other structures, mining, dredging, filling, 
grading, paving, excavation, or drilling operations located within the area of 
special flood hazard?, except that mono-pole structures for utility purposes 
shall not be considered development for the purposes of this article. 
SECTION 3.30.450 Nonresidential Construction 
New construction and substantial improvement of any commercial, industrial or 
other nonresidential structure shall either have the lowest floor, including basement, 
elevated to a level at or above the regional flood height; or be reviewed as a 
"variance" to FEMA standards if floodproofing development is proposed. In 
all cases, the structure shall: 
Be floodproofed as provided in the State Structural-Specialty Code, Appendix 
Chapter 31, so that below the base flood level the structure is watertight with 
walls substantially impermeable to the passage of water; 
2rt. Have structural components capable of resisting hydrostatic and 
hydrodynamic loads and effects of buoyancy; and 
14 
3:2. Be certified by a registered professional engineer or architect that the 
standards of this Ssubsection are satisfied. Such certifications shall be 
provided to the Official as set forth in §3.30 270. 
4r3. Non residential structures that are elevated, not floodproofed, must meet the 
same standards for space below the lowest floor as provided in §3.30.455. 
Nonresidential construction, including detached accessory structures-
garages and storage sheds not exceeding 500 square feet and agricultural 
structures for farm use to be floodproofed in lieu of elevation, may be 
reviewed under this section for a ministerial FEMA "variance" under 2.060.2.f. 
(development review subject to overlay), to authorize a deviation from 
elevated construction standards. 
!• The FEMA "variance" will be a part of development review. 
2. The review will provide applicant with information regarding potential 
impact on insurance rates. 
3. Any authorized structure shall be floodproofed in accordance with 
applicable FEMA Technical Bulletins. 
4. This FEMA "variance" to deviate from elevated construction standards 
will address applicable FEMA standards and will not apply to any other 
land use standards. 
5i If a construction request is inconsistent with FEMA floodproofing 
standards, a land use Variance, pursuant to LUDO Section 3.40.100. 
will be required. 
Under this section, an open structure that does not have more than one (1). 
outside wall is exempt from elevation or floodproofing. Permitting of an 
exempt structure will include requirements for: i) construction with flood 
resistant materials and anchoring: ii) a non-enclosure agreement that 
precludes additional walls on the exempt structure, and: iii) a "no-rise" 
certification if the building site for the structure is in the floodway. 
SECTION 3.30.460 Mobile Home Standards 
2. b. The manufactured dwelling stand or foundation shall be a minimum of 12 
inches above the BFE unless openings are provided per FEMA Technical 
Bulletin +=96. 
Boundary Line Adjustment Authority, as a cross-reference, cite County authority 
under ORS 92.190(3). 
ACTION: FOLD IN AUTHORITY OF ORS 92.190(3) AT 4.140, (p. 4-11) 
SECTION 4.140 Adjustment of Common Boundary Lines 
As set forth in ORS 92.190(3).-T the common boundary line between lots or 
parcels may be adjusted in accordance with this section without the replatting 
15 
procedures in ORS 92.180 and 92.185 or the vacation procedures in ORS Ch. 368}. 
Once a lot or parcel line has been adjusted, the adjusted line shall be the boundary 
or property line, not the original line. The Director has authority to approve a line 
adjustment as a Ministerial Action. 
10. Miscellaneous Clarifications and Scrivener Error Corrections 
• SECTION 3.1.040 Zoning Maps, restore 2008 language regarding digitization of 
zoning maps not carried forward to subsequent LUDO editions. 
The Douglas County Zoning Maps and Overlay Maps are digitized (with the 
exception of the Coastal Goals and Airport Impact overlay maps) and consist 
of a computer file that is backed up to insure that the electronic information is 
protected. A hard copy of the current digital maps is located at the County Planning 
Department Office. The Douglas County Zoning Maps and overlay maps are 
certified by the Director as being the official zoning and overlay maps adopted by 
reference in §3.1.030. Hard copies of all county zoning and overlay maps are 
located at the Planning Department. 
• SECTION 3.3.100 Buildings and Uses Permitted Conditionally, FG 
5. Community centers owned by a governmental agency or a nonprofit 
community organization operated primarily by and for residents of the local 
- delete line space -
rural community... 
• SECTION 3.5.075 Uses Permitted with Standards, FF, delete specific statutory 
reference. 
b. Except as provided in ORS 215.283(1 ){e),... 
• SECTION 3.3.200 Property Development Standards, FG, correct spelling errors. 
1 b.(1) Parcel size for non-farm uses, ....may be accommodated... 
SECTION 3.4.200 Property Development Standards, FC, correct spelling errors. 
1.e.(1) Parcel size for non-farm uses, .. .may be accommodated... 
SECTION 3.5.200 Property Development Standards, FF, correct spelling errors. 
1 .b.(2) Parcel size for non-farm uses, ... may be accommodated... 
• SECTION 3.23.B.250, Industrial Development Standards authorized by the 
2003 State Legislature, ME. These provisions were to sunset in 2006, but in 2005, 
HB 2458 deregulated the law and repealed the sunset provision. Move the 
provisions to Uses Permitted with Standards, Section 3.23.B.125. 
SECTION 3.23B.125 Industrial Development Standards authorized by the 
2003 and 2005 State Legislature 
16 
The 2003 State Legislature enacted law (HB 2614 and HB 2691) and in 2005 (HB 
2458) that is designed to encourage industrial development on qualifying lands outside 
of city urban growth boundaries. 
1. The following standards apply to industrial development on lands that were planned 
and zoned for industrial use as of January 1, 2004: 
a. Location: A qualifying site must be located outside of a city urban growth 
boundary (UGB), and may not be closer than three miles from a UGB containing 
a population of 20,000 or more (Roseburg). 
b. Building Size: Subject to the permit approval process, there shall be no 
limitations on the size or type of industrial buildings authorized. 
c. Sewer facilities: Subject to DEQ approval, on-site sewer facilities may be 
allowed to serve authorized industrial development on qualifying lands, but shall 
be limited in size to meet only the needs of the authorized industrial use. 
d. Other uses not permitted: On qualifying lands, the Approving Authority may not 
allow retail, commercial, or non-accessory residential development. 
e. Notice to cities: At least 21 days prior to taking action, notice of a pending 
industrial development (including sewer facilities serving the development) under 
this section shall be sent to any city with an urban growth boundary within 10 
miles of the subject site. If the city objects to the pending development, the city 
and County shall negotiate to establish conditions of approval, or changes in the 
development, to mitigate concerns raised by the city. 
2. The following standards apply to any land identified as an abandoned or diminished 
mill site regardless of current zoning: 
a. An "abandoned or diminished mill site" is a former or current wood products mill 
site that was closed after January 1, 1980, or has been operating at less than 
25% of capacity since January 1, 2003, and contains, or contained, permanent 
buildings used in the production or manufacturing of wood products. The 
County shall identify and determine the boundaries of abandoned or diminished 
mill sites (the boundary may only include those areas that were improved for the 
processing or manufacturing of wood products). 
b. Sites identified by the County may be changed (either legislatively or through the 
quasi-judicial process) to an Industrial Plan and Zone designation to allow any 
level of industrial use without review under statewide planning goals 2, 3, 4, 11 
and 14. 
c. Location: The site must be located outside of a city UGB. 
d. Building Size: Subject to the permit approval process, there shall be no 
limitations on the size or type of industrial buildings authorized. 
e. Sewer facilities: Subject to DEQ approval, on-site sewer facilities, or the 
extension of sewer facilities from a city UGB or County urban unincorporated 
17 
area, may be allowed to serve authorized industrial development on qualifying 
lands, but shall be limited in size to meet only the needs of the authorized 
industrial use. 
f. Lands rezoned for industrial use under this provision may not later be rezoned 
for retail, commercial, or other non-resource uses unless a Quasi-Judicial Plan 
Amendment and exception has been approved by the Approving Authority. 
• SECTION 3.35.050 Access onto County Roads, clarify includes development 
Standards of access for new lots and parcels or development onto County roads 
are regulated by the Douglas County Public Works Department... 
• ARTICLE 43, consistently de-hyphenate the word nonfarm 
SECTION 3.43.100 Building Permits 
1.a. Any permitted non-farm dwelling... 
1.c.(2)(b) the number, location and type of existing dwellings (trere.g.,farm. non= 
farm, hardship, etc.); 
1.c.(3)(d) The proposed site of the non=farm dwelling... 
• ARTICLE 44, consistently de-hyphenate the word nonfarm; consistently refer to 
nonfarm parcels in text (not headings) 
SECTION 3.44.100 Criteria for Decision 
1. Nonresource Partitions where the remaining parcel complies with the 
minimum parcel size: The County may approve a division...each parcel to 
contain a non-farm dwelling, so long as: 
a. The non-farm dwelling(s)... 
b. The parcel(s) for the non-farm dwelling(s)... 
c The parcel(s) for the non=farm dwelling(s)... 
d. The remainder...that does not contain the non-farm dwelling(s)... 
e. The parcel(s) for the non-farm dwelling(s)... 
2. Nonresource Partitions where the original parcel is smaller than the 
minimum parcel size: The County may approve a division of land to divide a 
lot or parcel into two parcels, each to contain one non-farm dwelling, so long as: 
a. The non-farm dwellings... 
b. The parcels for the non-farm dwellings... 
c The parcels for the non-farm dwellings... 
d. The parcels for the non-farm dwellings... 
e. The parcels for the non-farm dwellings... 
f. The parcels for the non-farm dwellings... 
3. The proposed new nonfarm parcel(s) has appropriate physical characteristics... 
18 
4. The size of a new nonfarm parcel created... 
5. For each nonresourcefarm parcel created... 
[no change to 6 ] 
7. New lots or parcels created under this Article, and for which a non-farm dwelling 
is required, shall not be finally approved unless the non-farm dwelling... 
CG:LUDO AMENDMENTS 2011 BOARD DRAFT DATED JANUARY 2012 wpd 
19 
S U M M A R Y 
L A N D U S E & D E V E L O P M E N T O R D I N A N C E A M E N D M E N T S 
BOARD DRAFT - JANUARY 2012 
Planning Commission Hearing: November 17, 2011 & January 12, 2012 
Board of Commissioners Hearing: January 25, 2012 
A M E N D M E N T S R E Q U I R E D T O C O M P L Y W I T H N E W S T A T E L A W S 
Subject Summary Effect 
1. PAPA 
Process 
HB 2129: stipulates that DLCD cannot require a local government to 
provide more than 35 days notice of a Post-acknowledgment Plan 
Amendment (currently 45 days). 
Deregulation 
2. Farm Worker 
Housing 
HB 2154: clarifies the statutory definitions of "farmworker," "farmworker 
housing," "owner" and "relative," in the context of provisions for farmworker 
housing only; this definition does not affect the definition of "relative" as 
used in the provisions for a second farm dwelling for a family member 
(Relative Dwelling). 
Clarification 
3. Statutory 
Wineries in 
EFU 
HB 3280: brings in winery accessory uses: wine tours, wine tasting, events, 
etc., to existing statutory provisions for a winery in conjunction w/ a 15-acre 
or 40-acre vineyard; events (number of days per year) and gross income 
from events are limited. The bill also adds a statutory provision for an 80-
acre tract winery which may permit a full service restaurant. The 15,40 and 
80-acre tract winery provisions will be added to the LUDO as uses 
permitted with standards in the EFU and FF zones to comply with new state 
law. 
Deregulation 
4. Farm 
Dwelling 
Income Test 
HB 3290: adds a third provision for meeting the farm-related dwelling 
income test by taking the average of the best three of the last five years. 
Deregulation 
5. Irrigation 
Districts 
HB 3408: makes reservoirs, irrigation canals, etc., a use permitted with 
standards to specifically prohibit park and recreational structures and 
facilities as accessory uses. 
Regulation 
6. Dump 
Trucks and 
Trailers 
SB 128: adds provision to park up to seven dump trucks and up to seven 
trailers on land zoned for forest use or mixed farm and forest use. 
Deregulation 
7. Agri-tourism SB 960: provides for four categories of agri-tourism or other commercial 
farm-related events on farm lands. The event options will be added as 
"Uses Permitted with Standards" in the EFU and Farm Forest zones, the 
standards being those as provided in ORS 215.283(4). 
Deregulation 
8. Amendment 
Resulting 
from DLCD 
Rulemaking 
Refines the limitation on EFU uses within three miles of a UGB by applying 
the three-mile standard to places of assembly with a design capacity of 
greater than 100 people, and adding spacing standards between structures 
when the standard applies. 
Regulation & 
Deregulation 
SUMMARY 
L A N D U S E & D E V E L O P M E N T O R D I N A N C E A M E N D M E N T S 
BOARD DRAFT - JANUARY 2012 
Planning Commission Hearing: November 17, 2011 & January 12, 2012 
Board of Commissioners Hearing: January 25, 2012 
L O C A L A M E N D M E N T S 
Subject Summary Effect 
1. Farm Agricultural 
Building 
This amendment adds the statutory definition of farm agricultural 
building to clarify structures exempt from building permits. It also 
lists structures that do not qualify as farm agricultural buildings to 
reduce confusion about the exemption The County has used the 
broadest definition of farm use under the law for the application of 
this definition. 
Clarification 
2. Outdoor Events This amendment coordinates the local event provisions with changes 
in the state law related to winery and farm events. The provision also 
clarifies that outdoor events are not within the definition of the 
statutory mass gathering. 
Clarification 
3. Zoning and 
Overlay Maps 
This updates references to electronic versions of zoning maps 
used in the administration of our program. 
Clarification 
4. Temporary TR 
Uses 
This clarifies the distinction between permitted and conditional uses 
in the TR zone. It adds no new regulation, it simply provides better 
guidance for the administration of the law. 
Clarification 
5. Owner of Record 
Dwelling 
Standards 
This amendment clarifies the review process for owner of record 
dwellings. It also responds to recent court cases and changes in 
soils review rules. 
Clarification 
6. M-1 Uses This amendment adds and clarifies the permitted uses in the M-1 
zone. 
Deregulation 
7. M-3 Uses This amendment adds and clarifies the permitted uses in the M-3 
zone. 
Deregulation 
8. Article 30, 
Floodplain 
Overlay 
This amendment is required because of chanaes in the federal 
floodplain management program. FEMA now requires any flood 
proofed structure to be reviewed in a variance like process. This new 
provision adds a simplified, small "v" variance provision to the 
floodplain ordinance. The amendments have been coordinated with 
DLCD. 
Clarification 
& Review 
Process 
Change 
9. Boundary Line 
Adjustment 
This amendment adds a cross-reference to applicable state statutes. Clarification 
10. Correction of 
Scrivener Errors 
These amendments are housekeeping maintenance of the 
Ordinance and do not change policy or regulatory standards. They 
correct citations and numbering, and provide internal consistency 
within the Code. 
Clarification 
COUNTY PLANNING DEPT. 
, JUSTICE BLDG 
COUNTY COURTHOUSE 
3, OR 97470 
PUNEV BOWES 
$ 0 1 . 7 0 ° 
0 0 0 4 2 8 9 4 0 8 JAN 27 2012 
MAILED FROM ZIPCODE 9 7470 
DEPT OF 
JAN 2 7 2012 
LAND CONSERVATION 
AND DEVELOPMENT 
ATT PLAN AMENDMENT SPECIALIST 
DLCD 
635 CAPITOL STREET NE SUITE 150 
SALEM OR 97301-2540