71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3171
LC 3720/HB 3171-2
HOUSE AMENDMENTS TO
HOUSE BILL 3171
By COMMITTEE ON BUSINESS, LABOR, AND CONSUMER AFFAIRS
May 7
In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; amending
ORS 197.307, 197.312, 197.677, 197.680, 197.685, 215.203,
215.213, 215.263, 215.277, 215.283, 215.452, 308A.056, 315.164,
315.167, 317.147, 455.380 and 652.145; and repealing ORS
197.675.'.
Delete lines 4 through 19 and insert:
' { + SECTION 1. + } { + ORS 197.675 is repealed. + }
' { + SECTION 2. + } ORS 197.307 is amended to read:
' 197.307. (1) The availability of affordable, decent, safe and
sanitary housing opportunities for persons of lower, middle and
fixed income, including housing for { - seasonal and
year-round - } farmworkers, is a matter of statewide concern.
' (2) Many persons of lower, middle and fixed income depend on
government assisted housing as a source of affordable decent,
safe and sanitary housing.
' (3)(a) When a need has been shown for housing within an urban
growth boundary at particular price ranges and rent levels,
needed housing, including housing for { - seasonal and
year-round - } farmworkers, shall be permitted in one or more
zoning districts or in zones described by some comprehensive
plans as overlay zones with sufficient buildable land to satisfy
that need.
' (b) A local government shall attach only clear and objective
approval standards or special conditions regulating, in whole or
in part, appearance or aesthetics to an application for
development of needed housing or to a permit, as defined in ORS
215.402 or 227.160, for residential development. The standards or
conditions { - shall - } { + may + } not be attached in a
manner that will deny the application or reduce the proposed
housing density provided the proposed density is otherwise
allowed in the zone.
' (c) The provisions of paragraph (b) of this subsection do not
apply to an application or permit for residential development in
an area identified in a formally adopted central city plan, or a
regional center as defined by Metro, in a city with a population
of 500,000 or more.
' (d) In addition to an approval process based on clear and
objective standards as provided in paragraph (b) of this
subsection, a local government may adopt an alternative approval
process for residential applications and permits based on
approval criteria that are not clear and objective provided the
applicant retains the option of proceeding under the clear and
objective standards or the alternative process and the approval
criteria for the alternative process comply with all applicable
land use planning goals and rules.
' (e) The provisions of this subsection shall not apply to
applications or permits for residential development in historic
areas designated for protection under a land use planning goal
protecting historic areas.
' (4) Subsection (3) of this section shall not be construed as
an infringement on a local government's prerogative to:
' (a) Set approval standards under which a particular housing
type is permitted outright;
' (b) Impose special conditions upon approval of a specific
development proposal; or
' (c) Establish approval procedures.
' (5) A jurisdiction may adopt any or all of the following
placement standards, or any less restrictive standard, for the
approval of manufactured homes located outside mobile home parks:
' (a) The manufactured home shall be multisectional and enclose
a space of not less than 1,000 square feet.
' (b) The manufactured home shall be placed on an excavated and
back-filled foundation and enclosed at the perimeter such that
the manufactured home is located not more than 12 inches above
grade.
' (c) The manufactured home shall have a pitched roof, except
that no standard shall require a slope of greater than a nominal
three feet in height for each 12 feet in width.
' (d) The manufactured home shall have exterior siding and
roofing which in color, material and appearance is similar to the
exterior siding and roofing material commonly used on residential
dwellings within the community or which is comparable to the
predominant materials used on surrounding dwellings as determined
by the local permit approval authority.
' (e) The manufactured home shall be certified by the
manufacturer to have an exterior thermal envelope meeting
performance standards which reduce levels equivalent to the
performance standards required of single-family dwellings
constructed under the state building code as defined in ORS
455.010.
' (f) The manufactured home shall have a garage or carport
constructed of like materials. A jurisdiction may require an
attached or detached garage in lieu of a carport where such is
consistent with the predominant construction of immediately
surrounding dwellings.
' (g) In addition to the provisions in paragraphs (a) to (f) of
this subsection, a city or county may subject a manufactured home
and the lot upon which it is sited to any development standard,
architectural requirement and minimum size requirement to which a
conventional single-family residential dwelling on the same lot
would be subject.
' (6) Any approval standards, special conditions and the
procedures for approval adopted by a local government shall be
clear and objective and { - shall - } { + may + } not have
the effect, either in themselves or cumulatively, of discouraging
needed housing through unreasonable cost or delay.
' { + SECTION 3. + } ORS 197.312 is amended to read:
' 197.312. (1) { - No - } { + A + } city or county may
{ + not + } by charter prohibit from all residential zones
attached or detached single-family housing,
{ - multiple-family - } { + multifamily + } housing for both
owner and renter occupancy or manufactured homes. { - No - }
{ + A + } city or county may { + not + } by charter prohibit
government assisted housing or impose additional approval
standards on government assisted housing that are not applied to
similar but unassisted housing.
' (2) { - No - } { + A + } city or county may { + not + }
impose any approval standards, special conditions or procedures
on { - seasonal and year-round - } farmworker housing that are
not clear and objective or have the effect, either in themselves
or cumulatively, of discouraging { - seasonal and
year-round - } farmworker housing through unreasonable cost or
delay or by discriminating against such housing.
' { + (3)(a) A single-family dwelling for a farmworker and
the farmworker's immediate family is a permitted use in any
residential or commercial zone that allows single-family
dwellings as a permitted use.
' (b) A city or county may not impose a zoning requirement on
the establishment and maintenance of a single-family dwelling for
a farmworker and the farmworker's immediate family in a
residential or commercial zone described in paragraph (a) of this
subsection that is more restrictive than a zoning requirement
imposed on other single-family dwellings in the same zone.
' (4)(a) Multifamily housing for farmworkers and farmworkers'
immediate families is a permitted use in any residential or
commercial zone that allows multifamily housing generally as a
permitted use.
' (b) A city or county may not impose a zoning requirement on
the establishment and maintenance of multifamily housing for
farmworkers and farmworkers' immediate families in a residential
or commercial zone described in paragraph (a) of this subsection
that is more restrictive than a zoning requirement imposed on
other multifamily housing in the same zone. + }
' { + SECTION 4. + } ORS 197.685 is amended to read:
' 197.685. (1) The availability of decent, safe and sanitary
housing opportunities for { - seasonal - } farmworkers is a
matter of statewide concern.
' (2) { - When a need has been shown for seasonal - }
Farmworker housing within the rural area of a county { - ,
needed housing - } shall be permitted in a zone or zones
{ - with sufficient buildable land to satisfy that need.
Counties shall consider - } { + in + }rural centers and areas
committed to nonresource uses { - in accommodating the
identified need - } .
' { - (3) Subsection (2) of this section shall not be
construed as an infringement on a local government's prerogative
to: - }
' { - (a) Set approval standards under which seasonal
farmworker housing is permitted outright; - }
' { - (b) Impose special conditions upon approval of a
specific development proposal; or - }
' { - (c) Establish approval procedures. - }
' { - (4) - } { + (3) + } Any approval standards, special
conditions and procedures for approval adopted by a local
government shall be clear and objective and shall not have the
effect, either in themselves or cumulatively, of discouraging
needed housing through unreasonable cost or delay.
' { + SECTION 5. + } { + Section 6 of this 2001 Act is added
to and made a part of ORS chapter 215. + }
' { + SECTION 6. + } { + (1) The Land Conservation and
Development Commission shall revise administrative rules
regarding dwellings customarily provided in conjunction with farm
use to allow, under ORS 215.213 and 215.283, the establishment of
accessory dwellings needed to provide opportunities for
farmworker housing for individuals primarily engaged in farm use
whose assistance in the management of the farm is or will be
required by the farm operator on the farm unit.
' (2) As used in this section, 'farm unit' means the contiguous
and noncontiguous tracts in common ownership used by the farm
operator for farm use as defined in ORS 215.203. + }
' { + SECTION 7. + } ORS 215.213 is amended to read:
' 215.213. (1) In counties that have adopted marginal lands
provisions under ORS 197.247 (1991 Edition), 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) Nonresidential buildings customarily provided in
conjunction with farm use.
' (g) { - A dwelling - } { + Primary or accessory
dwellings + } customarily provided in conjunction with farm use
if the { - dwelling is - } { + dwellings are + } on a lot or
parcel that is managed as part of a farm operation not smaller
than the minimum lot size in a farm zone with a minimum lot size
acknowledged under ORS 197.251.
' (h) 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).
' (i) 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).
' (j) 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.
' (k) 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 paragraph { - (u) - }
{ + (t) + } of this subsection.
' (L) The breeding, kenneling and training of greyhounds for
racing in any county over 200,000 in population in which there is
located a greyhound racing track or in a county of over 200,000
in population contiguous to such a county.
' (m) Climbing and passing lanes within the right of way
existing as of July 1, 1987.
' (n) 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.
' (o) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
' (p) 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.
' (q) 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.
' { - (r) Seasonal farmworker housing as defined in ORS
197.675. - }
' { - (s) - } { + (r) + } Creation of, restoration of or
enhancement of wetlands.
' { - (t) - } { + (s) + } A winery, as described in ORS
215.452.
' { - (u) - } { + (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.
' { - (v) - } { + (u) + } 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.
' { - (w) - } { + (v) + } An armed forces reserve center, if
the center is within one-half mile of a community college. For
purposes of this paragraph, 'armed forces reserve center'
includes an armory or National Guard support facility.
' { - (x) - } { + (w) + } 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.
' { - (y) - } { + (x) + } 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.
' { - (z) - } { + (y) + } Fire service facilities providing
rural fire protection services.
' { - (aa) - } { + (z) + } Irrigation canals, delivery lines
and those structures and accessory operational facilities
associated with a district as defined in ORS 540.505.
' { - (bb) - } { + (aa) + } 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) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject to
ORS 215.296:
' (a) A dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot if the
farm operation or woodlot:
' (A) Consists of 20 or more acres; and
' (B) Is not smaller than the average farm or woodlot in the
county producing at least $2,500 in annual gross income from the
crops, livestock or forest products to be raised on the farm
operation or woodlot.
' (b) A dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot smaller
than required under paragraph (a) of this subsection, if the lot
or parcel:
' (A) Has produced at least $20,000 in annual gross farm income
in two consecutive calendar years out of the three calendar years
before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon
harvest an average of at least $20,000 in annual gross farm
income; or
' (B) Is a woodlot capable of producing an average over the
growth cycle of $20,000 in gross annual income.
' (c) Commercial activities that are in conjunction with farm
use but not including the processing of farm crops as described
in subsection { - (1)(y) - } { + (1)(x) + } of this section.
' (d) 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)(h) 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.
' (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, hunting and fishing
preserves, public and private parks, playgrounds 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). A public park or campground may be established as provided
under ORS 195.120. 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.
' (f) Golf courses.
' (g) Commercial utility facilities for the purpose of
generating power for public use by sale.
' (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.
' (i) 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) 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) Dog kennels not described in subsection (1)(L) of this
section.
' (L) Residential homes as defined in ORS 197.660, in existing
dwellings.
' (m) The propagation, cultivation, maintenance and harvesting
of aquatic and 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.
' (n) Home occupations as provided in ORS 215.448.
' (o) Transmission towers over 200 feet in height.
' (p) 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) 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) 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) A destination resort which is approved consistent with
the requirements of any statewide planning goal relating to the
siting of a destination resort.
' (t) Room and board arrangements for a maximum of five
unrelated persons in existing residences.
' (u)(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
the metropolitan 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 as such by the county governing body and
organized under ORS chapter 65.
' (v) Operations for the extraction and bottling of water.
' (3) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), a single-family residential
dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in
capability classes IV through VIII as determined by the
Agricultural Capability Classification System in use by the
United States Department of Agriculture Soil Conservation Service
on October 15, 1983. A proposed dwelling is subject to approval
of the governing body or its designee in any area zoned for
exclusive farm use upon written findings showing all of the
following:
' (a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use.
' (b) The dwelling is situated upon generally unsuitable land
for the production of farm crops and livestock, considering the
terrain, adverse soil or land conditions, drainage and flooding,
location and size of the tract. A lot or parcel shall not be
considered unsuitable solely because of its size or location if
it can reasonably be put to farm use in conjunction with other
land.
' (c) Complies with such other conditions as the governing body
or its designee considers necessary.
' (4) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), one single-family dwelling, not
provided in conjunction with farm use, may be established in any
area zoned for exclusive farm use on a lot or parcel described in
subsection (7) of this section that is not larger than three
acres upon written findings showing:
' (a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use;
' (b) If the lot or parcel is located within the Willamette
River Greenway, a floodplain or a geological hazard area, the
dwelling complies with conditions imposed by local ordinances
relating specifically to the Willamette River Greenway,
floodplains or geological hazard areas, whichever is applicable;
and
' (c) The dwelling complies with other conditions considered
necessary by the governing body or its designee.
' (5) Upon receipt of an application for a permit under
subsection (4) of this section, the governing body shall notify:
' (a) Owners of land that is within 250 feet of the lot or
parcel on which the dwelling will be established; and
' (b) Persons who have requested notice of such applications
and who have paid a reasonable fee imposed by the county to cover
the cost of such notice.
' (6) The notice required in subsection (5) of this section
shall specify that persons have 15 days following the date of
postmark of the notice to file a written objection on the grounds
only that the dwelling or activities associated with it would
force a significant change in or significantly increase the cost
of accepted farming practices on nearby lands devoted to farm
use. If no objection is received, the governing body or its
designee shall approve or disapprove the application. If an
objection is received, the governing body shall set the matter
for hearing in the manner prescribed in ORS 215.402 to 215.438.
The governing body may charge the reasonable costs of the notice
required by subsection (5)(a) of this section to the applicant
for the permit requested under subsection (4) of this section.
' (7) Subsection (4) of this section applies to a lot or parcel
lawfully created between January 1, 1948, and July 1, 1983. For
the purposes of this section:
' (a) Only one lot or parcel exists if:
' (A) A lot or parcel described in this section is contiguous
to one or more lots or parcels described in this section; and
' (B) On July 1, 1983, greater than possessory interests are
held in those contiguous lots, parcels or lots and parcels by the
same person, spouses or a single partnership or business entity,
separately or in tenancy in common.
' (b) 'Contiguous' means lots, parcels or lots and parcels that
have a common boundary, including but not limited to, lots,
parcels or lots and parcels separated only by a public road.
' (8) A person who sells or otherwise transfers real property
in an exclusive farm use zone may retain a life estate in a
dwelling on that property and in a tract of land under and around
the dwelling.
' (9) No final approval of a nonfarm use under this section
shall be given unless any additional taxes imposed upon the
change in use have been paid.
' (10) 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 8. + } 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 - } { + Primary or accessory + } 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) - } { + (p) + } Creation of, restoration of or
enhancement of wetlands.
' { - (r) - } { + (q) + } A winery, as described in ORS
215.452.
' { - (s) - } { + (r) + } 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) - } { + (s) + } 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) - } { + (t) + } 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) - } { + (u) + } 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) - } { + (v) + } Fire service facilities providing
rural fire protection services.
' { - (x) - } { + (w) + } Irrigation canals, delivery lines
and those structures and accessory operational facilities
associated with a district as defined in ORS 540.505.
' { - (y) - } { + (x) + } 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) - } { + (1)(u) + } 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, 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) Golf courses.
' (f) Commercial utility facilities for the purpose of
generating power for public use by sale.
' (g) 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) Home occupations as provided in ORS 215.448.
' (i) 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) 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) 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) - }
{ + (1)(s) + } of this section.
' (L) Transmission towers over 200 feet in height.
' (m) Dog kennels not described in subsection (1)(j) of this
section.
' (n) Residential homes as defined in ORS 197.660, in existing
dwellings.
' (o) 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) 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) 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) 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) A destination resort which is approved consistent with
the requirements of any statewide planning goal relating to the
siting of a destination resort.
' (t) Room and board arrangements for a maximum of five
unrelated persons in existing residences.
' (u) Operations for the extraction and bottling of water.
' (v) 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) 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) 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 9. + } 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 - } { + Primary or accessory + } 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) - } { + (p) + } Creation of, restoration of or
enhancement of wetlands.
' { - (r) - } { + (q) + } A winery, as described in ORS
215.452.
' { - (s) - } { + (r) + } 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) - } { + (s) + } 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) - } { + (t) + } 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) - } { + (u) + } 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) - } { + (v) + } Fire service facilities providing
rural fire protection services.
' { - (x) - } { + (w) + } Irrigation canals, delivery lines
and those structures and accessory operational facilities
associated with a district as defined in ORS 540.505.
' { - (y) - } { + (x) + } 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) - } { + (1)(u) + } 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, 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) Golf courses.
' (f) Commercial utility facilities for the purpose of
generating power for public use by sale.
' (g) 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) Home occupations as provided in ORS 215.448.
' (i) 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) 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) 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) - }
{ + (1)(s) + } of this section.
' (L) Transmission towers over 200 feet in height.
' (m) Dog kennels not described in subsection (1)(j) of this
section.
' (n) Residential homes as defined in ORS 197.660, in existing
dwellings.
' (o) 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) 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) 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) 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) A destination resort which is approved consistent with
the requirements of any statewide planning goal relating to the
siting of a destination resort.
' (t) Room and board arrangements for a maximum of five
unrelated persons in existing residences.
' (u) Operations for the extraction and bottling of water.
' (v) 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) 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 10. + } ORS 215.277 is amended to read:
215.277. It is the intent of the Legislative Assembly that the
provision of { - seasonal - } farmworker housing, as defined
in ORS
{ - 197.675 - } { + 315.164 + }, not allow other types of
dwellings not otherwise permitted in exclusive farm use zones and
that such
{ - seasonal - } farmworker housing be consistent with the
intent and purposes set forth in ORS 215.243. { - To accomplish
this objective in the interest of all people in this state,
enforcement of the occupancy limits in ORS 197.675 (2) is
necessary. - }
' { + SECTION 11. + } ORS 197.677 is amended to read:
' 197.677. In that the agricultural workers in this state
benefit the social and economic welfare of all of the people in
Oregon by their unceasing efforts to bring a bountiful crop to
market, the Legislative Assembly declares that it is the policy
of this state to insure adequate agricultural labor
accommodations commensurate with the housing needs of Oregon's
workers that meet decent health, safety and welfare standards. To
accomplish this objective in the interest of all of the people in
this state, it is necessary that:
' (1) Every state and local government agency that has powers,
functions or duties with respect to housing, land use or
enforcing health, safety or welfare standards, under this or any
other law, shall exercise its powers, functions or duties
consistently with the state policy declared by ORS 197.307,
197.312, 197.675 to 197.685, 215.213, 215.277, 215.283, 215.284
and 455.380 and in such manner as will facilitate sustained
progress in attaining the objectives established;
' (2) Every state and local government agency that finds
farmworker activities within the scope of its jurisdiction must
make every effort to alleviate insanitary, unsafe and overcrowded
accommodations;
' (3) Special efforts should be directed toward mitigating
hazards to families and children; and
' (4) All accommodations must provide for the rights of free
association to { - seasonal - } farmworkers in their places of
accommodation.
' { + SECTION 12. + } ORS 197.680 is amended to read:
' 197.680. The Legislative Assembly finds that:
' (1) This state has a large stock of existing
{ - seasonal - } farmworker housing that does not meet minimum
health and safety standards and is in need of rehabilitation;
' (2) It is not feasible to rehabilitate much of the existing
{ - seasonal - } farmworker housing stock to meet building
code standards;
' (3) In order to assure that minimum standards are met in all
farmworker housing in this state, certain interim measures must
be taken; and
' (4) Limited rehabilitation, outside city boundaries, must be
allowed to a lesser standard than that set forth in the existing
building codes.
' { + SECTION 13. + } ORS 315.164 is amended to read:
' 315.164. (1) As used in this section:
' (a) 'Condition of habitability' means a condition that is in
compliance with:
' (A) The applicable provisions of the state building code
under ORS chapter 455 and the rules adopted thereunder; or
' (B) If determined on or before December 31, 1995, sections 12
and 13, chapter 964, Oregon Laws 1989.
' (b) 'Eligible costs' includes finance costs, construction
costs, excavation costs, installation costs and permit costs and
excludes land costs.
{ + ' (c) 'Farmworker' means any person who, for an agreed
remuneration or rate of pay, performs temporary or permanent
labor for another in the production of farm products or in the
planting, cultivating or harvesting of seasonal agricultural
crops or in the forestation or reforestation of lands, including
but not limited to the planting, transplanting, tubing,
precommercial thinning and thinning of trees and seedlings, the
clearing, piling and disposal of brush and slash and other
related activities.
' (d) 'Farmworker housing' means housing:
' (A) Limited to occupancy by farmworkers and their immediate
families; and
' (B) No dwelling unit of which is occupied by a relative of
the owner or operator of the farmworker housing.
' (e) 'Farmworker housing project' means construction,
installation or rehabilitation of farmworker housing. + }
' { - (c) - } { + (f) + } 'Rehabilitation' means to restore
and reinstate a building to a condition of habitability.
' { - (d) - } { + (g) + } 'Relative' means a brother or
sister (whether by the whole or by half blood), spouse, ancestor
(whether by law or by blood), or lineal descendant of an
individual.
' { - (e) 'Seasonal farmworker' means any person who, for an
agreed remuneration or rate of pay, performs temporary labor for
another in the production of farm products or in the planting,
cultivating or harvesting of seasonal agricultural crops or in
the forestation or reforestation of lands, including but not
limited to the planting, transplanting, tubing, precommercial
thinning and thinning of trees and seedlings, the clearing,
piling and disposal of brush and slash and other related
activities. - }
' { - (f) 'Seasonal farmworker housing' means housing limited
to occupancy by seasonal farmworkers and their immediate families
which is occupied no more than nine months of the year. - }
' { - (g) 'Seasonal farmworker housing project' means
construction, installation or rehabilitation of seasonal
farmworker housing. - }
' { - (h) 'Year-round farmworker housing' means housing: - }
' { - (A) Limited to occupancy by farmworkers and their
immediate families; - }
' { - (B) No dwelling unit of which is occupied by a relative
of the owner or operator of the farmworker housing; and - }
' { - (C) Consisting, if located in an exclusive farm use
zone, of housing that is in compliance with any applicable local
zoning ordinance and that is: - }
' { - (i) A manufactured dwelling, as that term is defined in
ORS 446.003; or - }
' { - (ii) Any other dwelling unit, if the project for which
credit under this section is being claimed consists of the
rehabilitation of existing farmworker housing. - }
' { - (i) 'Year-round farmworker housing project' means
construction, installation or rehabilitation of farmworker
housing. - }
' (2) A resident individual is allowed a credit against the
taxes otherwise due under ORS chapter 316 or, if the taxpayer is
a corporation, the credit shall be allowed against taxes
otherwise due under ORS chapter 317. The amount of the credit
shall be equal to 30 percent of the eligible costs actually paid
or incurred to complete a { - seasonal or year-round - }
farmworker housing project, to the extent the eligible costs
actually paid or incurred do not exceed the estimate of eligible
costs approved by the Department of Consumer and Business
Services under ORS 315.167.
' (3) The credit allowed under subsection (2) of this section
shall be taken in five equal installments over a period of five
consecutive tax years beginning in the tax year of the taxpayer
during which the project is completed.
' (4) The credit shall apply only to a { - seasonal or a
year-round - } farmworker housing project that is located within
this state and physically begun on or after January 1, 1990.
' (5)(a) { - No - } { + A + } credit { - shall - } { +
may not + } be allowed under this section unless the taxpayer
claiming credit under this section:
' (A) Obtains a letter of credit approval from the Department
of Consumer and Business Services pursuant to ORS 315.167; and
' (B) Files with the Department of Revenue an annual
certification providing that all occupied units for which credit
is being claimed are occupied by { - seasonal or year-round - }
farmworkers and their immediate families.
' (b) The certification described under this subsection shall
be made on the form and in the time and manner prescribed by the
Department of Revenue.
' (6) Except as provided under subsection (7) of this section,
the credit allowed in any one year { - shall - } { + may + }
not exceed the tax liability of the taxpayer.
' (7) Any tax credit otherwise allowable under this section
that is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
such next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in
that third succeeding tax year may be carried forward and used in
the fourth succeeding tax year, and any credit not used in that
fourth succeeding tax year may be carried forward and used in the
fifth succeeding tax year, but may not be carried forward for any
tax year thereafter.
' (8)(a) The credit provided by this section is not in lieu of
any depreciation or amortization deduction for the project to
which the taxpayer otherwise may be entitled under ORS chapter
316 or 317 for such year.
' (b) The taxpayer's adjusted basis for determining gain or
loss { - shall - } { + may + } not be further decreased by
any tax credits allowed under this section.
' (9)(a) If the taxpayer is a person who is not, and will not
be, the owner or operator of the { - seasonal or year-round - }
farmworker housing, the taxpayer is entitled to the credit
allowed under this section only if, upon completion of the
{ - seasonal or year-round - } farmworker housing project and
first occupation by farmworkers, the housing complies with all
safety or health laws, rules, regulations and standards
applicable for farmworker housing.
' (b) If the taxpayer is a person who is, or will be, the owner
or operator of the { - seasonal or year-round - } farmworker
housing at any time during the period for which the credit is
claimed, the housing must:
' (A) Comply with all occupational safety or health laws,
rules, regulations and standards;
' (B) If registration is required, be registered as a
farmworker camp with the Department of Consumer and Business
Services under ORS 658.750; and
' (C) Upon occupancy and if an indorsement is required, be
operated by a person who holds a valid indorsement as a
farmworker camp operator under ORS 658.730.
' (c) For purposes of this section, 'owner' does not include a
person whose only interest in the housing is as holder of a
security interest.
' (10)(a) Pursuant to the procedures for a contested case under
ORS 183.310 to 183.550, the Department of Revenue may order the
disallowance of the credit allowed under this section if it
finds, by order, that:
' (A) The credit was obtained by fraud or misrepresentation; or
' (B) In the event that an owner or operator claims or claimed
the credit:
' (i) The taxpayer has failed substantially to comply with the
occupational safety or health laws, rules, regulations or
standards; or
' (ii) After occupancy and if registration is required, the
{ - seasonal or year-round - } farmworker housing is not
registered as a farmworker camp with the Department of Consumer
and Business Services under ORS 658.750; or
' (iii) After occupancy and if an indorsement is required, the
{ - seasonal or year-round - } farmworker housing is not
operated by a person who holds a valid indorsement as a
farmworker camp operator under ORS 658.730.
' (b) If the tax credit is disallowed pursuant to this
subsection, notwithstanding ORS 314.410 or other law, all prior
tax relief provided to the taxpayer shall be forfeited and the
department shall proceed to collect those taxes not paid by the
taxpayer as a result of the prior granting of the credit.
' (c) If the tax credit is disallowed pursuant to this
subsection, the taxpayer shall be denied any further credit
provided under this section, in connection with the
{ - seasonal or year-round - } farmworker housing project, as
the case may be, from and after the date that the order of
disallowance becomes final.
' (11) In the event that the farmworker housing is destroyed by
fire, flood, natural disaster or act of God before all of the
credit has been used, the taxpayer may nevertheless claim the
credit as if no destruction had taken place. In the event of
fire, if the fire chief of the fire protection district or unit
determines that the fire was caused by arson, as defined in ORS
164.315 and 164.325, by the taxpayer or by another at the
taxpayer's direction, then the fire chief shall notify the
department. Upon conviction of arson, the department shall
disallow the credit in accordance with subsection (10) of this
section.
' (12)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
' (b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the department terminates the
taxpayer's taxable year under ORS 314.440, the credit allowed by
this section shall be prorated or computed in a manner consistent
with ORS 314.085.
' (c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
' (13) The department may adopt rules for carrying out the
provisions of this section.
' { + SECTION 14. + } ORS 315.167 is amended to read:
' 315.167. (1) Prior to beginning a { - seasonal or
year-round - } farmworker housing project for which credit under
ORS 315.164 will be claimed, a taxpayer shall apply to the
Department of Consumer and Business Services for a letter of
credit approval.
' (2) The application shall be on such form as is prescribed by
the Department of Consumer and Business Services and shall
provide:
' (a) The name, address and taxpayer identification number of
the taxpayer;
' (b) The location of the proposed farmworker housing;
' (c) A description of the project identifying the type of
housing that is the subject of the project;
' (d) An estimate of the eligible costs of the project; and
' (e) Any other information as the Department of Consumer and
Business Services may require.
' (3) The Department of Consumer and Business Services shall
consider applications in the chronological order in which the
applications are filed with the department.
' (4) Applications filed in compliance with this section shall
be approved by the Department of Consumer and Business Services
to the extent that the total of estimated eligible costs for all
approved projects for the calendar year is equal to or less than
$3.3 million. No application shall be approved if the addition of
the estimated eligible costs of the project to the estimated
eligible costs for all approved projects for the calendar year
would exceed $3.3 million.
' (5) Upon approval of an application, the Department of
Consumer and Business Services shall send a letter of credit
approval to the taxpayer. The letter of credit approval shall
state the approved amount of estimated eligible costs for the
project.
' (6) At the conclusion of each calendar year, the Department
of Consumer and Business Services shall send a list of the names,
addresses and taxpayer identification numbers of taxpayers to
whom a letter of credit approval has been issued under this
section during the calendar year, along with approved amounts of
estimated eligible costs for each project, to the Department of
Revenue.
' (7) Notwithstanding that a letter of credit approval has been
issued to a taxpayer under this section, the Department of
Revenue may disallow, in whole or in part, a claim for credit
under ORS 315.164 upon the Department of Revenue's determination
that under the provisions of ORS 315.164 the taxpayer is not
entitled to the credit or is only entitled to a portion of the
amount claimed.
' { + SECTION 15. + } ORS 317.147 is amended to read:
' 317.147. (1) As used in this section:
' (a) 'Commercial lending institution' means a bank, mortgage
banking company, trust company, savings bank, savings and loan
association, credit union, national banking association, federal
savings and loan association or federal credit union maintaining
an office in this state.
' (b) ' { - Seasonal - } Farmworker housing' has the meaning
given the term under ORS 315.164.
' { - (c) 'Year-round farmworker housing' has the meaning
given the term under ORS 315.164. - }
' (2)(a) A commercial lending institution shall be allowed a
credit against the taxes otherwise due under this chapter for the
tax year equal to 30 percent of the interest income earned during
the tax year on loans to finance only costs directly associated
with construction or rehabilitation of { - seasonal or
year-round - } farmworker housing if, at the time the loan is
made, the borrower certifies, to the satisfaction of the lender,
that upon completion of the construction or rehabilitation and
first occupation by farmworkers, the housing will comply with all
safety or health laws, rules, regulations and standards
applicable for farmworker housing and that the housing will be
occupied only by { - seasonal or year-round - } farmworkers
and their immediate families.
' (b) A copy of the certification described under paragraph (a)
of this subsection shall be submitted to the Department of
Revenue at the time that a credit under this section is first
claimed.
' (3) The credit allowed under this section shall apply only to
loans to construct or rehabilitate { - seasonal or
year-round - } farmworker housing located within this state.
' (4) This credit shall apply only to loans made on or after
January 1, 1990.
' (5) The credit allowed in any one year { - shall - } { +
may + } not exceed the tax liability of the taxpayer.
' (6) If the loan has a term of longer than 10 years, then the
credit shall be allowed only for the tax year of the taxpayer
during which the loan is made and the nine tax years immediately
following.
' (7) The credit allowed under this section { - shall - }
{ + may + } not apply to loans in which the interest rate
charged exceeds 13-1/2 percent per annum.
' (8) The credit allowed under this section shall apply only to
interest income from the loan and { - shall - } { + may + }
not apply to any other loan fees or other charges collected by
the commercial lending institution with respect to the loan.
' (9) The credit allowed under this section shall only apply to
interest income actually collected by the commercial lending
institution during the tax year.
' (10)(a) Except as provided in paragraph (b) of this
subsection, if the commercial lending institution sells the loan
to another commercial lending institution as defined in
subsection (1) of this section, then the credit shall pass to the
assignee or transferee of the loan, subject to the same
conditions and limitations as set forth in this section.
' (b) A commercial lending institution may assign, sell or
otherwise transfer the loan to another person and retain the
right to claim the credit granted under this section if the
commercial lending institution also retains responsibility for
servicing the loan.
' { + SECTION 16. + } ORS 455.380 is amended to read:
' 455.380. (1) Notwithstanding the provisions of ORS 455.150,
the Department of Consumer and Business Services is the final
authority in interpretation, execution and enforcement of state
and municipal administration of building codes and rules with
respect to construction of { - seasonal - } farmworker housing
as defined in ORS { - 197.675 - } { + 315.164 + }.
' (2) The department shall provide for a statewide uniform
application and method of calculating permit fees for
{ - seasonal - } farmworker housing as defined in ORS
{ - 197.675 - } { + 315.164 + }.
' (3) The department shall adopt rules to carry out the
provisions of subsections (1) and (2) of this section. Rules
relating to subsection (2) of this section shall be adopted on or
before December 31, 1989.
' { + SECTION 17. + } ORS 652.145 is amended to read:
' 652.145. Notwithstanding ORS 652.140, if an employee has
worked for an employer as a seasonal farmworker, whenever the
employment terminates, all wages earned and unpaid become due and
payable immediately. However, if the employee quits without
giving the employer at least 48 hours' notice, wages earned and
unpaid are due and payable within 48 hours after the employee has
quit, or at the next regularly scheduled payday after the
employee has quit, whichever event first occurs. As used in this
section, ' seasonal farmworker' { - has the meaning for that
term provided in ORS 197.675 - } { + means an individual who,
for an agreed remuneration or rate of pay, performs temporary
labor for another in the production of farm products or in the
planting, cultivating or harvesting of seasonal agricultural
crops or in the forestation or reforestation of lands including,
but not limited to, the planting, transplanting, tubing,
precommercial thinning and thinning of trees and seedlings, the
clearing, piling and disposal of brush and slash and other
related activities + }.
' { + SECTION 18. + } ORS 215.203 is amended to read:
' 215.203. (1) Zoning ordinances may be adopted to zone
designated areas of land within the county as exclusive farm use
zones. Land within such zones shall be used exclusively for farm
use except as otherwise provided in ORS 215.213, 215.283 or
215.284. Farm use zones shall be established only when such
zoning is consistent with the comprehensive plan.
' (2)(a) As used in this section, 'farm use' means the current
employment of land for the primary purpose of obtaining a profit
in money by raising, harvesting and selling crops or the feeding,
breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals or honeybees or for dairying and the
sale of dairy products or any other agricultural or horticultural
use or animal husbandry or any combination thereof. 'Farm use'
includes the preparation, storage and disposal by marketing or
otherwise of the products or by-products raised on such land for
human or animal use. 'Farm use' also includes the current
employment of land for the primary purpose of obtaining a profit
in money by stabling or training equines including but not
limited to providing riding lessons, training clinics and
schooling shows. 'Farm use' also includes the propagation,
cultivation, maintenance and harvesting of aquatic species and
bird and animal species to the extent allowed by the rules
adopted by the State Fish and Wildlife Commission. 'Farm use'
includes the on-site construction and maintenance of equipment
and facilities used for the activities described in this
subsection. 'Farm use ' does not include the use of land subject
to the provisions of ORS chapter 321, except land used
exclusively for growing cultured Christmas trees as defined in
subsection (3) of this section or land described in ORS 321.267
(1)(e) or 321.415 (5).
' (b) 'Current employment' of land for farm use includes:
' (A) Farmland, the operation or use of which is subject to any
farm-related government program;
' (B) Land lying fallow for one year as a normal and regular
requirement of good agricultural husbandry;
' (C) Land planted in orchards or other perennials, other than
land specified in subparagraph (D) of this paragraph, prior to
maturity;
' (D) Land not in an exclusive farm use zone which has not been
eligible for assessment at special farm use value in the year
prior to planting the current crop and has been planted in
orchards, cultured Christmas trees or vineyards for at least
three years;
' (E) Wasteland, in an exclusive farm use zone, dry or covered
with water, neither economically tillable nor grazeable, lying in
or adjacent to and in common ownership with a farm use land and
which is not currently being used for any economic farm use;
' (F) Except for land under a single family dwelling, land
under buildings supporting accepted farm practices, including the
processing facilities allowed by ORS 215.213 { - (1)(y) - }
{ + (1)(x) + } and 215.283 { - (1)(v) - } { + (1)(u) + };
' (G) Water impoundments lying in or adjacent to and in common
ownership with farm use land;
' (H) Any land constituting a woodlot, not to exceed 20 acres,
contiguous to and owned by the owner of land specially valued for
farm use even if the land constituting the woodlot is not
utilized in conjunction with farm use;
' (I) Land lying idle for no more than one year where the
absence of farming activity is due to the illness of the farmer
or member of the farmer's immediate family. For purposes of this
paragraph, illness includes injury or infirmity whether or not
such illness results in death;
' (J) Any land described under ORS 321.267 (1)(e) or 321.415
(5); and
' (K) Land used for the primary purpose of obtaining a profit
in money by breeding, raising, kenneling or training of
greyhounds for racing.
' (c) As used in this subsection, 'accepted farming practice '
means a mode of operation that is common to farms of a similar
nature, necessary for the operation of such farms to obtain a
profit in money, and customarily utilized in conjunction with
farm use.
' (3) 'Cultured Christmas trees' means trees:
' (a) Grown on lands used exclusively for that purpose, capable
of preparation by intensive cultivation methods such as plowing
or turning over the soil;
' (b) Of a marketable species;
' (c) Managed to produce trees meeting U.S. No. 2 or better
standards for Christmas trees as specified by the Agriculture
Marketing Services of the United States Department of
Agriculture; and
' (d) Evidencing periodic maintenance practices of shearing for
Douglas fir and pine species, weed and brush control and one or
more of the following practices: Basal pruning, fertilizing,
insect and disease control, stump culture, soil cultivation,
irrigation.
' { + SECTION 19. + } 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) or 215.284 (1), or a
proposed division that separates a processing facility from the
farm operation specified in ORS 215.213 { - (1)(y) - }
{ + (1)(x) + } or 215.283
{ - (1)(v) - } { + (1)(u) + }.
' (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 20. + } ORS 215.452 is amended to read:
' 215.452. (1) A winery, authorized under ORS 215.213
{ - (1)(t) - } { + (1)(s) + } and 215.283 { - (1)(r) - }
{ + (1)(q) + }, is a facility that produces wine with a maximum
annual production of:
' (a) Less than 50,000 gallons and that:
' (A) Owns an on-site vineyard of at least 15 acres;
' (B) Owns a contiguous vineyard of at least 15 acres;
' (C) Has a long-term contract for the purchase of all of the
grapes from at least 15 acres of a vineyard contiguous to the
winery; or
' (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph; or
' (b) At least 50,000 gallons and no more than 100,000 gallons
and that:
' (A) Owns an on-site vineyard of at least 40 acres;
' (B) Owns a contiguous vineyard of at least 40 acres;
' (C) Has a long-term contract for the purchase of all of the
grapes from at least 40 acres of a vineyard contiguous to the
winery; or
' (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph.
' (2) The winery described in subsection (1)(a) or (b) of this
section shall allow only the sale of:
' (a) Wines produced in conjunction with the winery; and
' (b) Items directly related to wine, the sales of which are
incidental to retail sale of wine on-site. Such items include
those served by a limited service restaurant, as defined in ORS
624.010.
' (3) Prior to the issuance of a permit to establish a winery
under this section, the applicant shall show that vineyards,
described in subsection (1)(a) and (b) of this section, have been
planted or that the contract has been executed, as applicable.
' (4) A local government shall adopt findings for each of the
standards described in paragraphs (a) and (b) of this subsection.
Standards imposed on the siting of a winery shall be limited
solely to each of the following for the sole purpose of limiting
demonstrated conflicts with accepted farming or forest practices
on adjacent lands:
' (a) Establishment of a setback, not to exceed 100 feet, from
all property lines for the winery and all public gathering
places; and
' (b) Provision of direct road access, internal circulation and
parking.
' (5) A local government shall also apply local criteria
regarding flood plains, geologic hazards, the Willamette River
Greenway, solar access, airport safety or other regulations for
resource protection acknowledged to comply with any statewide
goal respecting open spaces, scenic and historic areas and
natural resources.
' { + SECTION 21. + } ORS 308A.056 is amended to read:
' 308A.056. (1) As used in ORS 308A.050 to 308A.128, 'farm use'
means the current employment of land for the primary purpose of
obtaining a profit in money by:
' (a) Raising, harvesting and selling crops;
' (b) Feeding, breeding, managing or selling livestock,
poultry, fur-bearing animals or honeybees or the produce thereof;
' (c) Dairying and selling dairy products;
' (d) Stabling or training equines, including but not limited
to providing riding lessons, training clinics and schooling
shows;
' (e) Propagating, cultivating, maintaining or harvesting
aquatic species and bird and animal species to the extent allowed
by the rules adopted by the State Fish and Wildlife Commission;
' (f) On-site constructing and maintaining equipment and
facilities used for the activities described in this subsection;
' (g) Preparing, storing or disposing of, by marketing or
otherwise, the products or by-products raised for human or animal
use on land described in this section; or
' (h) Using land described in this section for any other
agricultural or horticultural use or animal husbandry or any
combination thereof.
' (2) 'Farm use' does not include the use of land subject to
timber and forestland taxation under ORS chapter 321, except land
used exclusively for growing cultured Christmas trees or land
described in ORS 321.267 (1)(e) or 321.415 (5) (relating to land
used to grow certain hardwood timber, including hybrid
cottonwood).
' (3) For purposes of this section, land is currently employed
for farm use if the land is:
' (a) Farmland, the operation or use of which is subject to any
farm-related government program;
' (b) Land lying fallow for one year as a normal and regular
requirement of good agricultural husbandry;
' (c) Land planted in orchards or other perennials, other than
land specified in paragraph (d) of this subsection, prior to
maturity;
' (d) Land not in an exclusive farm use zone that has not been
eligible for assessment at special farm use value in the year
prior to planting the current crop and has been planted in
orchards, cultured Christmas trees or vineyards for at least
three years;
' (e) Wasteland, in an exclusive farm use zone, dry or covered
with water, neither economically tillable nor grazeable, lying in
or adjacent to and in common ownership with farm use land and
that is not currently being used for any economic farm use;
' (f) Except for land under a single family dwelling, land
under buildings supporting accepted farming practices, including
the processing facilities allowed by ORS 215.213 { - (1)(y) - }
{ + (1)(x) + } and 215.283 { - (1)(v) - } { + (1)(u) + };
' (g) Water impoundments lying in or adjacent to and in common
ownership with farm use land;
' (h) Any land constituting a woodlot, not to exceed 20 acres,
contiguous to and owned by the owner of land specially valued for
farm use even if the land constituting the woodlot is not
utilized in conjunction with farm use;
' (i) Land lying idle for no more than one year when the
absence of farming activity is the result of the illness of the
farmer or a member of the farmer's immediate family, including
injury or infirmity, regardless of whether the illness results in
death;
' (j) Land described under ORS 321.267 (1)(e) or 321.415 (5)
(relating to land used to grow certain hardwood timber, including
hybrid cottonwood); or
' (k) Land used for the primary purpose of obtaining a profit
in money by breeding, raising, kenneling or training greyhounds
for racing.
' (4) As used in this section:
' (a) 'Accepted farming practice' means a mode of operation
that is common to farms of a similar nature, necessary for the
operation of these similar farms to obtain a profit in money and
customarily utilized in conjunction with farm use.
' (b) 'Cultured Christmas trees' means trees:
' (A) Grown on lands used exclusively for that purpose, capable
of preparation by intensive cultivation methods such as plowing
or turning over the soil;
' (B) Of a marketable species;
' (C) Managed to produce trees meeting U.S. No. 2 or better
standards for Christmas trees as specified by the Agricultural
Marketing Service of the United States Department of Agriculture;
and
' (D) Evidencing periodic maintenance practices of shearing for
Douglas fir and pine species, weed and brush control and one or
more of the following practices:
' (i) Basal pruning;
' (ii) Fertilizing;
' (iii) Insect and disease control;
' (iv) Stump culture;
' (v) Soil cultivation; or
' (vi) Irrigation.'.
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