Chapter 544 Oregon Laws 2001
AN ACT
HB 2502
Relating to exclusive farm
use zones; amending ORS 92.010, 215.263 and 215.283 and section 1, chapter 728,
Oregon Laws 1997.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 215.283 is amended to read:
215.283. (1) The following uses may be established in any
area zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service,
including wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for public use by
sale or transmission towers over 200 feet in height. A utility facility
necessary for public service may be established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of
the farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator or the farm
operator’s spouse, whose assistance in the management of the farm use is or
will be required by the farm operator.
(f) The dwellings and other buildings customarily provided
in conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as defined by
ORS 520.005, including the placement and operation of compressors, separators
and other customary production equipment for an individual well adjacent to the
wellhead. Any activities or construction relating to such operations shall not
be a basis for an exception under ORS 197.732 (1)(a) or (b).
(h) Operations for the exploration for minerals as defined
by ORS 517.750. Any activities or construction relating to such operations
shall not be a basis for an exception under ORS 197.732 (1)(a) or (b).
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission under ORS
459.049, together with equipment, facilities or buildings necessary for its
operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way
existing as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead and in the
subsurface of public roads and highways along the public right of way, but not
including the addition of travel lanes, where no removal or displacement of
buildings would occur, or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time as no longer
needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and rest areas,
within right of way existing as of July 1, 1987, and contiguous public-owned
property utilized to support the operation and maintenance of public roads and
highways.
(o) A replacement dwelling to be used in conjunction with
farm use if the existing dwelling has been listed in a county inventory as
historic property as defined in ORS 358.480.
(p) Seasonal farmworker housing as defined in ORS 197.675.
(q) Creation of, restoration of or enhancement of wetlands.
(r) A winery, as described in ORS 215.452.
(s) Farm stands, if:
(A) The structures are designed and used for the sale of
farm crops and livestock grown on farms in the local agricultural area,
including the sale of retail incidental items, if the sales of the incidental
items make up no more than 25 percent of the total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of farm crops
and livestock and does not include structures for banquets, public gatherings
or public entertainment.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink,
toilet and bathing facilities connected to a sanitary waste disposal system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months of the
completion of the replacement dwelling. A replacement dwelling may be sited on
any part of the same lot or parcel. A dwelling established under this paragraph
shall comply with all applicable siting standards. However, the standards shall
not be applied in a manner that prohibits the siting of the dwelling. If the
dwelling to be replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of approval, shall
execute and record in the deed records for the county where the property is
located a deed restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the county. The release
shall be signed by the county or its designee and state that the provisions of
this paragraph regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the director’s designee
shall maintain a record of the lots and parcels that do not qualify for the
siting of a new dwelling under the provisions of this paragraph, including a
copy of the deed restrictions and release statements filed under this
paragraph.
(u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be necessary.
Buildings or facilities shall not be more than 500 square feet in floor area or
placed on a permanent foundation unless the building or facility preexisted the
use approved under this paragraph. The site shall not include an aggregate
surface or hard surface area unless the surface preexisted the use approved
under this paragraph. As used in this paragraph, “model aircraft” means a
small-scale version of an airplane, glider, helicopter, dirigible or balloon
that is used or intended to be used for flight and is controlled by radio,
lines or design by a person on the ground.
(v) A facility for the processing of farm crops located on
a farm operation that provides at least one-quarter of the farm crops processed
at the facility. The building established for the processing facility shall not
exceed 10,000 square feet of floor area exclusive of the floor area designated
for preparation, storage or other farm use or devote more than 10,000 square
feet to the processing activities within another building supporting farm uses.
A processing facility shall comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the
processing facility.
(w) Fire service facilities providing rural fire protection
services.
(x) Irrigation canals, delivery lines and those structures
and accessory operational facilities associated with a district as defined in
ORS 540.505.
(y) Utility facility service lines. Utility facility
service lines are utility lines and accessory facilities or structures that end
at the point where the utility service is received by the customer and that are
located on one or more of the following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has been obtained;
or
(C) The property to be served by the utility.
(2) The following nonfarm uses may be established, subject
to the approval of the governing body or its designee in any area zoned for
exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm
use but not including the processing of farm crops as described in subsection
(1)(v) of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as
defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise
permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate
into asphalt or portland cement; and
(D) Processing of other mineral resources and other
subsurface resources.
(c) Private parks, playgrounds, hunting and fishing
preserves and campgrounds. Subject to the approval of the county governing body
or its designee, a private campground may provide yurts for overnight camping.
No more than one-third or a maximum of 10 campsites, whichever is smaller, may
include a yurt. The yurt shall be located on the ground or on a wood floor with
no permanent foundation. Upon request of a county governing body, the Land
Conservation and Development Commission may provide by rule for an increase in
the number of yurts allowed on all or a portion of the campgrounds in a county
if the commission determines that the increase will comply with the standards
described in ORS 215.296 (1). As used in this paragraph, “yurt” means a round,
domed shelter of cloth or canvas on a collapsible frame with no plumbing,
sewage disposal hookup or internal cooking appliance.
(d) Parks[,] and playgrounds [or community centers owned by a governmental agency or a nonprofit
community organization and operated primarily by and for residents of the local
rural community]. A public park may be established consistent with the
provisions of ORS 195.120.
(e) Community
centers owned by a governmental agency or a nonprofit community organization
and operated primarily by and for residents of the local rural community.
[(e)] (f) Golf courses.
[(f)] (g) Commercial utility facilities for
the purpose of generating power for public use by sale.
[(g)] (h) Personal-use airports for
airplanes and helicopter pads, including associated hangar, maintenance and
service facilities. A personal-use airport, as used in this section, means an
airstrip restricted, except for aircraft emergencies, to use by the owner, and,
on an infrequent and occasional basis, by invited guests, and by commercial
aviation activities in connection with agricultural operations. No aircraft may
be based on a personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted under this
definition may be granted through waiver action by the Oregon Department of
Aviation in specific instances. A personal-use airport lawfully existing as of
September 13, 1975, shall continue to be permitted subject to any applicable
rules of the Oregon Department of Aviation.
[(h)] (i) Home occupations as provided in
ORS 215.448.
[(i)] (j) A facility for the primary
processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with farm
uses described in ORS 215.203 (2). Such a facility may be approved for a
one-year period which is renewable. These facilities are intended to be only
portable or temporary in nature. The primary processing of a forest product, as
used in this section, means the use of a portable chipper or stud mill or other
similar methods of initial treatment of a forest product in order to enable its
shipment to market. Forest products, as used in this section, means timber
grown upon a parcel of land or contiguous land where the primary processing
facility is located.
[(j)] (k) A site for the disposal of solid
waste approved by the governing body of a city or county or both and for which
a permit has been granted under ORS 459.245 by the Department of Environmental
Quality together with equipment, facilities or buildings necessary for its
operation.
[(k)] (L) One manufactured dwelling or
recreational vehicle, or the temporary residential use of an existing building,
in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the resident.
Within three months of the end of the hardship, the manufactured dwelling or
recreational vehicle shall be removed or demolished or, in the case of an
existing building, the building shall be removed, demolished or returned to an
allowed nonresidential use. The governing body or its designee shall provide
for periodic review of the hardship claimed under this paragraph. A temporary
residence approved under this paragraph is not eligible for replacement under
subsection (1)(t) of this section.
[(L)] (m) Transmission towers over 200 feet
in height.
[(m)] (n) Dog kennels not described in
subsection (1)(j) of this section.
[(n)] (o) Residential homes as defined in
ORS 197.660, in existing dwellings.
[(o)] (p) The propagation, cultivation,
maintenance and harvesting of aquatic or insect species. Insect species shall
not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture. The county shall provide notice
of all applications under this paragraph to the State Department of
Agriculture. Notice shall be provided in accordance with the county’s land use
regulations but shall be mailed at least 20 calendar days prior to any
administrative decision or initial public hearing on the application.
[(p)] (q) Construction of additional passing
and travel lanes requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
[(q)] (r) Reconstruction or modification of
public roads and highways involving the removal or displacement of buildings
but not resulting in the creation of new land parcels.
[(r)] (s) Improvement of public road and
highway related facilities, such as maintenance yards, weigh stations and rest
areas, where additional property or right of way is required but not resulting
in the creation of new land parcels.
[(s)] (t) A destination resort which is
approved consistent with the requirements of any statewide planning goal
relating to the siting of a destination resort.
[(t)] (u) Room and board arrangements for a
maximum of five unrelated persons in existing residences.
[(u)] (v) Operations for the extraction and
bottling of water.
[(v)] (w) Expansion of existing county
fairgrounds and activities directly relating to county fairgrounds governed by
county fair boards established pursuant to ORS 565.210.
[(w)(A)] (x)(A) A living history museum related
to resource based activities owned and operated by a governmental agency or a
local historical society, together with limited commercial activities and
facilities that are directly related to the use and enjoyment of the museum and
located within authentic buildings of the depicted historic period or the
museum administration building, if areas other than an exclusive farm use zone
cannot accommodate the museum and related activities or if the museum
administration buildings and parking lot are located within one quarter mile of
an urban growth boundary.
(B) As used in this paragraph:
(i) “Living history museum” means a facility designed to
depict and interpret everyday life and culture of some specific historic period
using authentic buildings, tools, equipment and people to simulate past
activities and events; and
(ii) “Local historical society” means the local historical
society recognized by the county governing body and organized under ORS chapter
65.
[(x)] (y) Expansion or replacement of an
existing facility for an animal shelter as defined in ORS 609.500, if the
shelter is tax exempt pursuant to section 501(c)(3) of the Internal Revenue
Code as amended and in effect on January 1, 1999.
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this section may be
established, subject to the approval of the governing body or its designee, in
areas zoned for exclusive farm use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which the facility or
improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the
Land Conservation and Development Commission as provided in section 3, chapter
529, Oregon Laws 1993.
SECTION 2.
ORS 215.283, as amended by section 14b, chapter 756, Oregon Laws 1999, is
amended to read:
215.283. (1) The following uses may be established in any
area zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service,
including wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for public use by
sale or transmission towers over 200 feet in height. A utility facility
necessary for public service may be established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of
the farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator or the farm
operator’s spouse, whose assistance in the management of the farm use is or
will be required by the farm operator.
(f) The dwellings and other buildings customarily provided
in conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as defined by
ORS 520.005, including the placement and operation of compressors, separators
and other customary production equipment for an individual well adjacent to the
wellhead. Any activities or construction relating to such operations shall not
be a basis for an exception under ORS 197.732 (1)(a) or (b).
(h) Operations for the exploration for minerals as defined
by ORS 517.750. Any activities or construction relating to such operations
shall not be a basis for an exception under ORS 197.732 (1)(a) or (b).
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission under ORS
459.049, together with equipment, facilities or buildings necessary for its
operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way
existing as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead and in the
subsurface of public roads and highways along the public right of way, but not
including the addition of travel lanes, where no removal or displacement of
buildings would occur, or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time as no longer
needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and rest areas,
within right of way existing as of July 1, 1987, and contiguous public-owned
property utilized to support the operation and maintenance of public roads and
highways.
(o) A replacement dwelling to be used in conjunction with
farm use if the existing dwelling has been listed in a county inventory as
historic property as defined in ORS 358.480.
(p) Seasonal farmworker housing as defined in ORS 197.675.
(q) Creation of, restoration of or enhancement of wetlands.
(r) A winery, as described in ORS 215.452.
(s) Farm stands, if:
(A) The structures are designed and used for the sale of
farm crops and livestock grown on farms in the local agricultural area,
including the sale of retail incidental items, if the sales of the incidental
items make up no more than 25 percent of the total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of farm crops
and livestock and does not include structures for banquets, public gatherings
or public entertainment.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink,
toilet and bathing facilities connected to a sanitary waste disposal system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months of the
completion of the replacement dwelling. A replacement dwelling may be sited on
any part of the same lot or parcel. A dwelling established under this paragraph
shall comply with all applicable siting standards. However, the standards shall
not be applied in a manner that prohibits the siting of the dwelling. If the
dwelling to be replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of approval, shall
execute and record in the deed records for the county where the property is
located a deed restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the county. The release
shall be signed by the county or its designee and state that the provisions of
this paragraph regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the director’s designee
shall maintain a record of the lots and parcels that do not qualify for the
siting of a new dwelling under the provisions of this paragraph, including a
copy of the deed restrictions and release statements filed under this paragraph.
(u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be necessary.
Buildings or facilities shall not be more than 500 square feet in floor area or
placed on a permanent foundation unless the building or facility preexisted the
use approved under this paragraph. The site shall not include an aggregate
surface or hard surface area unless the surface preexisted the use approved
under this paragraph. As used in this paragraph, “model aircraft” means a
small-scale version of an airplane, glider, helicopter, dirigible or balloon
that is used or intended to be used for flight and is controlled by radio,
lines or design by a person on the ground.
(v) A facility for the processing of farm crops located on
a farm operation that provides at least one-quarter of the farm crops processed
at the facility. The building established for the processing facility shall not
exceed 10,000 square feet of floor area exclusive of the floor area designated
for preparation, storage or other farm use or devote more than 10,000 square
feet to the processing activities within another building supporting farm uses.
A processing facility shall comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the
processing facility.
(w) Fire service facilities providing rural fire protection
services.
(x) Irrigation canals, delivery lines and those structures
and accessory operational facilities associated with a district as defined in
ORS 540.505.
(y) Utility facility service lines. Utility facility
service lines are utility lines and accessory facilities or structures that end
at the point where the utility service is received by the customer and that are
located on one or more of the following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has been obtained;
or
(C) The property to be served by the utility.
(2) The following nonfarm uses may be established, subject
to the approval of the governing body or its designee in any area zoned for
exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm
use but not including the processing of farm crops as described in subsection
(1)(v) of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as
defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise
permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate
into asphalt or portland cement; and
(D) Processing of other mineral resources and other
subsurface resources.
(c) Private parks, playgrounds,
hunting and fishing preserves and campgrounds. Subject to the approval of the
county governing body or its designee, a private campground may provide yurts
for overnight camping. No more than one-third or a maximum of 10 campsites,
whichever is smaller, may include a yurt. The yurt shall be located on the
ground or on a wood floor with no permanent foundation. Upon request of a
county governing body, the Land Conservation and Development Commission may
provide by rule for an increase in the number of yurts allowed on all or a
portion of the campgrounds in a county if the commission determines that the
increase will comply with the standards described in ORS 215.296 (1). As used
in this paragraph, “yurt” means a round, domed shelter of cloth or canvas on a
collapsible frame with no plumbing, sewage disposal hookup or internal cooking
appliance.
(d) Parks[,] and playgrounds [or community centers owned by a governmental agency or a nonprofit
community organization and operated primarily by and for residents of the local
rural community]. A public park may be established consistent with the
provisions of ORS 195.120.
(e) Community
centers owned by a governmental agency or a nonprofit community organization
and operated primarily by and for residents of the local rural community.
[(e)] (f) Golf courses.
[(f)] (g) Commercial utility facilities for
the purpose of generating power for public use by sale.
[(g)] (h) Personal-use airports for
airplanes and helicopter pads, including associated hangar, maintenance and
service facilities. A personal-use airport, as used in this section, means an
airstrip restricted, except for aircraft emergencies, to use by the owner, and,
on an infrequent and occasional basis, by invited guests, and by commercial
aviation activities in connection with agricultural operations. No aircraft may
be based on a personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted under this
definition may be granted through waiver action by the Oregon Department of
Aviation in specific instances. A personal-use airport lawfully existing as of
September 13, 1975, shall continue to be permitted subject to any applicable
rules of the Oregon Department of Aviation.
[(h)] (i) Home occupations as provided in
ORS 215.448.
[(i)] (j) A facility for the primary
processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with farm
uses described in ORS 215.203 (2). Such a facility may be approved for a
one-year period which is renewable. These facilities are intended to be only
portable or temporary in nature. The primary processing of a forest product, as
used in this section, means the use of a portable chipper or stud mill or other
similar methods of initial treatment of a forest product in order to enable its
shipment to market. Forest products, as used in this section, means timber
grown upon a parcel of land or contiguous land where the primary processing
facility is located.
[(j)] (k) A site for the disposal of solid
waste approved by the governing body of a city or county or both and for which
a permit has been granted under ORS 459.245 by the Department of Environmental
Quality together with equipment, facilities or buildings necessary for its
operation.
[(k)] (L) One manufactured dwelling or
recreational vehicle, or the temporary residential use of an existing building,
in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the resident.
Within three months of the end of the hardship, the manufactured dwelling or
recreational vehicle shall be removed or demolished or, in the case of an
existing building, the building shall be removed, demolished or returned to an
allowed nonresidential use. The governing body or its designee shall provide
for periodic review of the hardship claimed under this paragraph. A temporary
residence approved under this paragraph is not eligible for replacement under
subsection (1)(t) of this section.
[(L)] (m) Transmission towers over 200 feet
in height.
[(m)] (n) Dog kennels not described in subsection
(1)(j) of this section.
[(n)] (o) Residential homes as defined in
ORS 197.660, in existing dwellings.
[(o)] (p) The propagation, cultivation,
maintenance and harvesting of aquatic or insect species. Insect species shall
not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture. The county shall provide notice
of all applications under this paragraph to the State Department of
Agriculture. Notice shall be provided in accordance with the county’s land use
regulations but shall be mailed at least 20 calendar days prior to any
administrative decision or initial public hearing on the application.
[(p)] (q) Construction of additional passing
and travel lanes requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
[(q)] (r) Reconstruction or modification of
public roads and highways involving the removal or displacement of buildings
but not resulting in the creation of new land parcels.
[(r)] (s) Improvement of public road and
highway related facilities, such as maintenance yards, weigh stations and rest
areas, where additional property or right of way is required but not resulting
in the creation of new land parcels.
[(s)] (t) A destination resort which is
approved consistent with the requirements of any statewide planning goal
relating to the siting of a destination resort.
[(t)] (u) Room and board arrangements for a
maximum of five unrelated persons in existing residences.
[(u)] (v) Operations for the extraction and
bottling of water.
[(v)] (w) Expansion of existing county
fairgrounds and activities directly relating to county fairgrounds governed by
county fair boards established pursuant to ORS 565.210.
[(w)(A)] (x)(A) A living history museum related
to resource based activities owned and operated by a governmental agency or a
local historical society, together with limited commercial activities and
facilities that are directly related to the use and enjoyment of the museum and
located within authentic buildings of the depicted historic period or the
museum administration building, if areas other than an exclusive farm use zone
cannot accommodate the museum and related activities or if the museum
administration buildings and parking lot are located within one quarter mile of
an urban growth boundary.
(B) As used in this paragraph:
(i) “Living history museum” means a facility designed to
depict and interpret everyday life and culture of some specific historic period
using authentic buildings, tools, equipment and people to simulate past
activities and events; and
(ii) “Local historical society” means the local historical
society recognized by the county governing body and organized under ORS chapter
65.
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this section may be
established, subject to the approval of the governing body or its designee, in
areas zoned for exclusive farm use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which the facility or
improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the
Land Conservation and Development Commission as provided in section 3, chapter
529, Oregon Laws 1993.
SECTION 3.
ORS 92.010 is amended to read:
92.010. As used in ORS 92.010 to 92.190, unless the context
requires otherwise:
(1) “Declarant” means the person who files a declaration
under ORS 92.075.
(2) “Declaration” means the instrument described in ORS
92.075 by which the subdivision or partition plat was created.
(3) “Lot” means a single unit of land that is created by a
subdivision of land.
(4) “Negotiate” means any activity preliminary to the
execution of a binding agreement for the sale of land in a subdivision or
partition, including but not limited to advertising, solicitation and promotion
of the sale of such land.
(5) “Parcel” means a single unit of land that is created by
a partitioning of land.
(6) “Partition” means either an act of partitioning land or
an area or tract of land partitioned.
(7) “Partition land” means to divide land into two or three
parcels of land within a calendar year, but does not include:
(a) A division of land resulting from a lien foreclosure,
foreclosure of a recorded contract for the sale of real property or the
creation of cemetery lots;
(b) An adjustment of a property line by the relocation of a
common boundary where an additional unit of land is not created and where the
existing unit of land reduced in size by the adjustment complies with any
applicable zoning ordinance;
(c) The division of land resulting from the recording of a
subdivision or condominium plat;
(d) A sale or grant by a person to a public agency or
public body for state highway, county road, city street or other right of way
purposes provided that such road or right of way complies with the applicable
comprehensive plan and ORS 215.213 (2)(p) to (r) and 215.283 [(2)(p) to (r)] (2)(q) to (s). However, any property divided by the sale or grant
of property for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until such time
as the property is further subdivided or partitioned; or
(e) A sale or grant by a public agency or public body of
excess property resulting from the acquisition of land by the state, a
political subdivision or special district for highways, county roads, city
streets or other right of way purposes when the sale or grant is part of a
property line adjustment incorporating the excess right of way into adjacent
property. The property line adjustment shall be approved or disapproved by the
applicable local government. If the property line adjustment is approved, it shall
be recorded in the deed records of the county where the property is located.
(8) “Partition plat” includes a final map and other writing
containing all the descriptions, locations, specifications, provisions and
information concerning a partition.
(9) “Plat” includes a final subdivision plat, replat or
partition plat.
(10) “Property line” means the division line between two
units of land.
(11) “Property line adjustment” means the relocation of a
common property line between two abutting properties.
(12) “Replat” means the act of platting the lots, parcels
and easements in a recorded subdivision or partition plat to achieve a
reconfiguration of the existing subdivision or partition plat or to increase or
decrease the number of lots in the subdivision.
(13) “Road” or “street” means a public or private way that
is created to provide ingress or egress for persons to one or more lots,
parcels, areas or tracts of land, excluding a private way that is created to
provide ingress or egress to such land in conjunction with the use of such land
for forestry, mining or agricultural purposes.
(14) “Sale” or “sell” includes every disposition or
transfer of land in a subdivision or partition or an interest or estate
therein.
(15) “Subdivide land” means to divide land into four or
more lots within a calendar year.
(16) “Subdivision” means either an act of subdividing land
or an area or a tract of land subdivided.
(17) “Subdivision plat” includes a final map and other
writing containing all the descriptions, locations, specifications,
dedications, provisions and information concerning a subdivision.
SECTION 4.
ORS 215.263 is amended to read:
215.263. (1) Any proposed division of land included within
an exclusive farm use zone resulting in the creation of one or more parcels of
land shall be reviewed and approved or disapproved by the governing body or its
designee of the county in which the land is situated. The governing body of a
county by ordinance shall require such prior review and approval for such
divisions of land within exclusive farm use zones established within the
county.
(2) The governing body of a county or its designee may
approve a proposed division of land to create parcels for farm use as defined
in ORS 215.203 if it finds:
(a) That the proposed division of land is appropriate for
the continuation of the existing commercial agricultural enterprise within the
area; or
(b) The parcels created by the proposed division are not
smaller than the minimum lot size acknowledged under ORS 197.251.
(3) The governing body of a county or its designee may
approve a proposed division of land in an exclusive farm use zone for nonfarm
uses, except dwellings, set out in ORS 215.213 (2) or 215.283 (2) if it finds
that the parcel for the nonfarm use is not larger than the minimum size
necessary for the use. The governing body may establish other criteria as it
considers necessary.
(4) The governing body of a county may approve a division
of land in an exclusive farm use zone for a dwelling not provided in
conjunction with farm use only if the dwelling has been approved under ORS
215.213 (3) or 215.284 (3) or (4). The governing body of a county shall not
approve a subdivision or series partition for a dwelling not provided in
conjunction with farm use. The provisions of this subsection regarding a series
partition apply only to applications for a land division submitted after July
1, 1997. For purposes of this subsection, “series partition” shall have the
meaning given that term in ORS 92.305.
(5) This section shall not apply to the creation or sale of
cemetery lots, if a cemetery is within the boundaries designated for a farm use
zone at the time the zone is established.
(6) This section shall not apply to divisions of land
resulting from lien foreclosures or divisions of land resulting from
foreclosure of recorded contracts for the sale of real property.
(7) The governing body of a county shall not approve any
proposed division of a lot or parcel described in ORS 215.213 (1)(e) or (k),
215.283 (1)(e) or [(2)(k)] (2)(L) or 215.284 (1), or a proposed
division that separates a processing facility from the farm operation specified
in ORS 215.213 (1)(y) or 215.283 (1)(v).
(8) The governing body of a county may approve a proposed
division of land in an exclusive farm use zone to create a parcel with an
existing dwelling to be used:
(a) As a residential home as described in ORS 197.660 (2)
only if the dwelling has been approved under ORS 215.213 (3) or 215.284 (1),
(2), (3) or (4); and
(b) For historic property that meets the requirements of
ORS 215.213 (1)(q) and 215.283 (1)(o).
(9)(a) Notwithstanding ORS 215.780, the governing body of a
county or its designee may approve a proposed division of land provided:
(A) The land division is for the purpose of allowing a
provider of public parks or open space, or a not-for-profit land conservation
organization, to purchase at least one of the resulting parcels; and
(B) A parcel created by the land division that contains a
dwelling is large enough to support continued residential use of the parcel.
(b) A parcel created pursuant to this subsection that does
not contain a dwelling:
(A) Is not eligible for siting a dwelling, except as may be
authorized under ORS 195.120;
(B) May not be considered in approving or denying an application
for siting any other dwelling;
(C) May not be considered in approving a redesignation or
rezoning of forestlands except for a redesignation or rezoning to allow a
public park, open space or other natural resource use; and
(D) May not be smaller than 25 acres unless the purpose of
the land division is:
(i) To facilitate the creation of a wildlife or pedestrian
corridor or the implementation of a wildlife habitat protection plan; or
(ii) To allow a transaction in which at least one party is
a public park or open space provider, or a not-for-profit land conservation
organization, that has cumulative ownership of at least 2,000 acres of open
space or park property.
(10) The governing body of a county or its designee may
approve a division of land smaller than the minimum lot or parcel size
described in ORS 215.780 (1) and (2) in an exclusive farm use zone provided:
(a) The division is for the purpose of establishing a
church, including cemeteries in conjunction with the church;
(b) The church has been approved under ORS 215.213 (1) or
215.283 (1);
(c) The newly created lot or parcel is not larger than five
acres; and
(d) The remaining lot or parcel, not including the church,
meets the minimum lot or parcel size described in ORS 215.780 (1) and (2)
either by itself or after it is consolidated with another lot or parcel.
(11) The governing body of a county shall not approve a
division of land for nonfarm use under subsection (3), (4), (8), (9) or (10) of
this section unless any additional tax imposed for the change in use has been
paid.
(12) Parcels used or to be used for training or stabling
facilities shall not be considered appropriate to maintain the existing
commercial agricultural enterprise in an area where other types of agriculture
occur.
SECTION 5.
Section 1, chapter 728, Oregon Laws 1997, as amended by section 1, chapter 216,
Oregon Laws 1999, is amended to read:
Sec. 1. (1)
Notwithstanding ORS 215.283, a guest ranch may be established in conjunction
with an existing livestock operation that qualifies as a farm use under ORS
215.203 in any area zoned for exclusive farm use in eastern Oregon.
(2) A guest ranch established under this section shall meet
the following conditions:
(a) Except as provided in paragraph (d) of this subsection,
the lodge, bunkhouses or cottages cumulatively shall:
(A) Include not less than four nor more than 10 overnight
guest rooms exclusive of kitchen areas, rest rooms, storage and other shared
indoor facilities; and
(B) Not exceed a total of 12,000 square feet in floor area.
(b) The guest ranch shall be located on a lawfully created
parcel that is:
(A) At least 160 acres;
(B) The parcel containing the dwelling of the person
conducting the livestock operation; and
(C) Not classified as high-value farmland as defined in ORS
215.710.
(c) The guest ranch may be sited on any portion of a lot or
parcel that is more than 10 air miles from an urban growth boundary containing
a population greater than 5,000, regardless of whether any other portion of the
lot or parcel is within 10 miles of the urban growth boundary. The guest ranch
shall be deemed to comply with this paragraph if it is located within the range
set by the standard margin of error on the county’s map used to determine the
distance from an urban growth boundary.
(d) For each doubling of the initial 160 acres required
under paragraph (b) of this subsection, up to five additional overnight guest
rooms and 3,000 square feet of floor area may be added to the guest ranch for a
total of not more than 25 guest rooms and 21,000 square feet of floor area.
(3) A guest ranch may provide recreational activities that
can be provided in conjunction with the livestock operation’s natural setting,
including but not limited to hunting, fishing, hiking, biking, horseback
riding, camping or swimming. Intensively developed recreational facilities,
such as golf courses as identified in ORS 215.283, shall not be allowed. A
campground as described in ORS 215.283 (2)(c) shall not be allowed in
conjunction with a guest ranch, and a guest ranch shall not be allowed in
conjunction with an existing golf course under ORS 215.283 [(2)(e)] (2)(f) or with an existing campground under ORS 215.283 (2)(c).
(4) Food services shall be incidental to the operation of
the guest ranch and shall be provided only for the guests of the guest ranch.
The cost of meals provided to the guests shall be included as part of the fee
to visit or stay at the guest ranch. The sale of individual meals to persons
who are not guests of the guest ranch shall not be allowed.
(5) Approval of a guest ranch shall be subject to the
provisions of ORS 215.296 (1) and (2) and other approval or siting standards of
the county.
(6) As used in this section:
(a) “Eastern Oregon” shall have the meaning provided in ORS
321.405.
(b) “Guest ranch” means a facility for overnight lodging
incidental and accessory to an existing livestock operation that qualifies as a
farm use under ORS 215.203. Guest ranch facilities may include a lodge,
bunkhouse or cottage accommodations as well as passive recreational activities
and food services as set forth in subsections (2) to (4) of this section.
(c) “Livestock” means cattle, sheep, horses and bison.
Approved by the Governor
June 22, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
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