71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2995
A-Engrossed
House Bill 3326
Ordered by the House May 22
Including House Amendments dated May 22
Sponsored by Representative WESTLUND; Representative KNOPP
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes land divisions for nonfarm dwellings in exclusive
farm use zones in certain circumstances.
A BILL FOR AN ACT
Relating to land divisions in exclusive farm use zones; creating
new provisions; and amending ORS 197.065, 197.665, 215.236,
215.263, 215.265, 215.284, 215.296 and 657A.440.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 215. + }
SECTION 2. { + (1) The Legislative Assembly declares that the
creation of small parcels for nonfarm dwellings in exclusive farm
use zones introduces potential conflicts into commercial
agricultural areas and allows a limited number of nonfarm
dwellings in exclusive farm use zones. To protect the state's
land base for commercial agriculture from being divided into
multiple parcels for nonfarm dwellings while continuing to allow
a limited number of nonfarm dwellings on less productive
agricultural land not suitable for farm use, it is necessary to:
(a) Limit the incremental division of lots or parcels larger
than the minimum size established under ORS 215.780 into smaller
lots or parcels for the purpose of creating new nonfarm
dwellings; and
(b) Allow a limited number of lots or parcels equal to or less
than the minimum size established under ORS 215.780 to be
partitioned into not more than two parcels unsuitable for farm
use and eligible for siting nonfarm dwellings under ORS 215.284.
(2) The amendments to ORS 215.263 by section 3 of this 2001 Act
address the partition of land within an exclusive farm use zone
to create parcels smaller than the minimum size established under
ORS 215.780 for the purpose of siting dwellings not provided in
conjunction with farm use in eastern Oregon, as defined in ORS
321.405, and in western Oregon, as defined in ORS 321.257. + }
SECTION 3. 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 - } { + established + } under ORS
{ - 197.251 - } { + 215.780 + }.
(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. - }
{ + (4) In western Oregon, as defined in ORS 321.257, but not
in the Willamette Valley, as defined in ORS 215.010, the
governing body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.213
(3) or 215.284 (2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 50 cubic feet
per acre per year of wood fiber; and
(ii) Composed of at least 90 percent Class VI through VIII
soils;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(5) In eastern Oregon, as defined in ORS 321.405, the governing
body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 20 cubic feet
per acre per year of wood fiber; and
(ii) Either composed of at least 90 percent Class VII and VIII
soils, or composed of at least 90 percent Class VI through VIII
soils and are not capable of producing adequate herbaceous forage
for grazing livestock. The Land Conservation and Development
Commission, in cooperation with the State Department of
Agriculture and other interested persons, may establish by rule
objective criteria for identifying units of land that are not
capable of producing adequate herbaceous forage for grazing
livestock. In developing the criteria, the commission shall use
the latest information from the United States Natural Resources
Conservation Service and consider costs required to utilize
grazing lands that differ in acreage and productivity level;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land. + }
{ - (5) - } { + (6) + } This section { - shall - }
{ + does + } 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) - } { + (7) + } This section { - shall - }
{ + does + } 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) - } { + (8) + } The governing body of a county
{ - shall - } { + may + } 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) or 215.283 (1)(v).
{ - (8) - } { + (9) + } 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) { + or
(7) + }; and
(b) For historic property that meets the requirements of ORS
215.213 (1)(q) and 215.283 (1)(o).
{ - (9)(a) - } { + (10)(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) - } { + (11) + } 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) - } { + (12) + } The governing body of a county
{ - shall - } { + may + } not approve a division of land for
nonfarm use under subsection (3), (4), { + (5), + }
{ - (8), - } (9) { + , + } { - or - } (10) { + or (11) + }
of this section unless any additional tax imposed for the change
in use has been paid.
{ - (12) - } { + (13) + } Parcels used or to be used for
training or stabling facilities { - shall - } { + may + } not
be considered appropriate to maintain the existing commercial
agricultural enterprise in an area where other types of
agriculture occur.
SECTION 4. ORS 215.284 is amended to read:
215.284. (1) In the Willamette Valley, a single-family
residential dwelling not provided in conjunction with farm use
may be established, subject to approval of the governing body or
its
{ - designate - } { + designee + }, in any area zoned for
exclusive farm use upon a finding that:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming or forest practices on nearby lands
devoted to farm or forest use;
(b) The dwelling will be sited on a lot or parcel that is
predominantly composed of Class IV through Class VIII soils that
would not, when irrigated, be classified as prime, unique, Class
I or Class II soils;
(c) The dwelling will be sited on a lot or parcel created
before January 1, 1993;
(d) The dwelling will not materially alter the stability of the
overall land use pattern of the area; and
(e) The dwelling complies with such other conditions as the
governing body or its { - designate - } { + designee + }
considers necessary.
(2) In counties not described in subsection (1) of this
section, a single-family residential dwelling not provided in
conjunction with farm use may be established, subject to approval
of the governing body or its { - designate - } { +
designee + }, in any area zoned for exclusive farm use upon a
finding that:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming or forest practices on nearby lands
devoted to farm or forest use;
(b) The dwelling is situated upon a lot or parcel or portion of
a lot or parcel that is generally unsuitable land for the
production of farm crops and livestock or merchantable tree
species, considering the terrain, adverse soil or land
conditions, drainage and flooding, vegetation, location and size
of the tract. A lot or parcel or portion of a lot or parcel
{ - shall - } { + may + } not be considered unsuitable solely
because of size or location if it can reasonably be put to farm
or forest use in conjunction with other land;
(c) The dwelling will be sited on a lot or parcel created
before January 1, 1993;
(d) The dwelling will not materially alter the stability of the
overall land use pattern of the area; and
(e) The dwelling complies with such other conditions as the
governing body or its { - designate - } { + designee + }
considers necessary.
(3) In counties { + in western Oregon, as defined in ORS
321.257, + } not described in subsection (4) of this section, a
single-family residential dwelling not provided in conjunction
with farm use may be established, subject to approval of the
governing body or its
{ - designate - } { + designee + }, in any area zoned for
exclusive farm use upon a finding that:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming or forest practices on nearby lands
devoted to farm or forest use;
(b) The dwelling is situated upon a lot or parcel or portion of
a lot or parcel that is generally unsuitable land for the
production of farm crops and livestock or merchantable tree
species, considering the terrain, adverse soil or land
conditions, drainage and flooding, vegetation, location and size
of the tract. A lot or parcel or portion of a lot or parcel
{ - shall - } { + may + } not be considered unsuitable solely
because of size or location if it can reasonably be put to farm
or forest use in conjunction with other land;
(c) The dwelling will be sited on a lot or parcel created after
January 1, 1993, as allowed under ORS 215.263 (4);
(d) The dwelling will not materially alter the stability of the
overall land use pattern of the area; and
(e) The dwelling complies with such other conditions as the
governing body or its { - designate - } { + designee + }
considers necessary.
(4)(a) In the Willamette Valley, a lot or parcel allowed under
paragraph (b) of this subsection for a single-family residential
dwelling not provided in conjunction with farm use may be
established, subject to approval of the governing body or its
{ - designate - } { + designee + }, in any area zoned for
exclusive farm use upon a finding that the originating lot or
parcel is equal to or larger than the applicable minimum lot or
parcel size and:
(A) Is not stocked to the requirements under ORS 527.610 to
527.770;
(B) Is composed of at least 95 percent Class VI through Class
VIII soils; and
(C) Is composed of at least 95 percent soils not capable or
producing 50 cubic feet per acre per year of wood fiber.
(b) Any parcel to be created for a dwelling from the
originating lot or parcel described in paragraph (a) of this
subsection will not be smaller than 20 acres.
(c) The dwelling or activities associated with the dwelling
allowed under this subsection will not force a significant change
in or significantly increase the cost of accepted farming or
forest practices on nearby lands devoted to farm or forest use.
(d) The dwelling allowed under this subsection will not
materially alter the stability of the overall land use pattern of
the area.
(e) The dwelling allowed under this subsection complies with
such other conditions as the governing body or its
{ - designate - } { + designee + } considers necessary.
(5) 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.
(6) If a single-family dwelling is established on a lot or
parcel as set forth in ORS 215.705 to 215.750, no additional
dwelling may later be sited under { - subsections - }
{ + subsection + } (1), (2), (3) { + , + } { - or - } (4)
{ + or (7) + } of this section.
{ + (7) In counties in eastern Oregon, as defined in ORS
321.405, a single-family residential dwelling not provided in
conjunction with farm use may be established, subject to the
approval of the county governing body or its designee, in any
area zoned for exclusive farm use upon a finding that:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming or forest practices on nearby lands
devoted to farm or forest use;
(b) The dwelling will be sited on a lot or parcel created after
January 1, 1993, as allowed under ORS 215.263 (5);
(c) The dwelling will not materially alter the stability of the
overall land use pattern of the area; and
(d) The dwelling complies with such other conditions as the
governing body or its designee considers necessary. + }
SECTION 5. ORS 197.665 is amended to read:
197.665. (1) Residential homes shall be a permitted use in:
(a) Any residential zone, including a residential zone which
allows a single-family dwelling; and
(b) Any commercial zone which allows a single-family dwelling.
(2) A city or county { - shall - } { + may + } not impose
any zoning requirement on the establishment and maintenance of a
residential home in a zone described in subsection (1) of this
section that is more restrictive than a zoning requirement
imposed on a single-family dwelling in the same zone.
(3) A city or county may:
(a) Allow a residential home in an existing dwelling in any
area zoned for farm use, including an exclusive farm use zone
established under ORS 215.203;
(b) Impose zoning requirements on the establishment of a
residential home in areas described in paragraph (a) of this
subsection, provided that these requirements are no more
restrictive than those imposed on other nonfarm single-family
dwellings in the same zone; and
(c) Allow a division of land for a residential home in an
exclusive farm use zone only as described in ORS 215.263
{ - (8) - } { + (9) + }.
SECTION 6. ORS 657A.440 is amended to read:
657A.440. (1) A registered child care facility or certified
group child care home shall be considered a residential use of
property for zoning purposes. The registered child care facility
or certified group child care home shall be a permitted use in
all areas zoned for residential or commercial purposes, including
areas zoned for single-family dwellings. No city or county shall
enact or enforce zoning ordinances prohibiting the use of a
residential dwelling, located in an area zoned for residential or
commercial use, as a registered child care facility or certified
group child care home.
(2) A city or county may impose zoning conditions on the
establishment and maintenance of a registered child care facility
or certified group child care home in an area zoned for
residential or commercial use, provided that such conditions are
no more restrictive than conditions imposed on other residential
dwellings in the same zone.
(3) A county may:
(a) Allow a registered child care facility or certified group
child care home in an existing dwelling in any area zoned for
farm use, including an exclusive farm use zone established under
ORS 215.203;
(b) Impose reasonable conditions on the establishment of a
registered child care facility or certified group child care home
in an area zoned for farm use; and
(c) Allow a division of land for a registered child care
facility or certified group child care home in an exclusive farm
use zone only as provided in ORS 215.263 { - (8) - } { +
(9) + }.
(4) This section applies only to any registered child care
facility or certified group child care home where child care is
offered in the home of the provider to fewer than 13 children,
including children of the provider, regardless of full-time or
part-time status.
SECTION 7. ORS 215.236 is amended to read:
215.236. (1) As used in this section, 'dwelling' means a
single-family residential dwelling not provided in conjunction
with farm use.
(2) The governing body or its { - designate shall - }
{ + designee may + } not grant final approval of an application
made under ORS 215.213 (3) or 215.284 (1), (2), (3) { + , + }
{ - or - } (4) { + or (7) + } for the establishment of a
dwelling on a lot or parcel in an exclusive farm use zone that
is, or has been, receiving special assessment without evidence
that the lot or parcel upon which the dwelling is proposed has
been disqualified for special assessment at value for farm use
under ORS 308A.050 to 308A.128 or other special assessment under
ORS 308A.315, 321.257 to 321.390, 321.730 or 321.815 and any
additional tax imposed as the result of disqualification has been
paid.
(3) The governing body or its { - designate - }
{ + designee + } may grant tentative approval of an application
made under ORS 215.213 (3) or 215.284 (1), (2), (3) { + , + }
{ - or - } (4) { + or (7) + } for the establishment of a
dwelling on a lot or parcel in an exclusive farm use zone that is
specially assessed at value for farm use under ORS 308A.050 to
308A.128 upon making the findings required by ORS 215.213 (3) or
215.284 (1), (2), (3) { + , + } { - or - } (4) { + or
(7) + }. An application for the establishment of a dwelling that
has been tentatively approved shall be given final approval by
the governing body or its
{ - designate - } { + designee + } upon receipt of evidence
that the lot or parcel upon which establishment of the dwelling
is proposed has been disqualified for special assessment at value
for farm use under ORS 308A.050 to 308A.128 and any additional
tax imposed as the result of disqualification has been paid.
(4) The owner of a lot or parcel upon which the establishment
of a dwelling has been tentatively approved as provided by
subsection (3) of this section shall, before final approval,
simultaneously:
(a) Notify the county assessor that the lot or parcel is no
longer being used as farmland;
(b) Request that the county assessor disqualify the lot or
parcel for special assessment under ORS 308A.050 to 308A.128,
308A.315, 321.257 to 321.390, 321.730 or 321.815; and
(c) Pay any additional tax imposed upon disqualification from
special assessment.
(5) A lot or parcel that has been disqualified pursuant to
subsection (4) of this section { - shall - } { + may + } not
requalify for special assessment unless, when combined with
another contiguous lot or parcel, it constitutes a qualifying
parcel.
(6) When the owner of a lot or parcel upon which the
establishment of a dwelling has been tentatively approved
notifies the county assessor that the lot or parcel is no longer
being used as farmland and requests disqualification of the lot
or parcel for special assessment at value for farm use, the
county assessor shall:
(a) Disqualify the lot or parcel for special assessment at
value for farm use under ORS 308A.050 to 308A.128 or other
special assessment by removing the special assessment;
(b) Provide the owner of the lot or parcel with written notice
of the disqualification; and
(c) Impose the additional tax, if any, provided by statute upon
disqualification.
(7) The Department of Consumer and Business Services, a
building official, as defined in ORS 455.715 (1), or any other
agency or official responsible for the administration and
enforcement of the state building code, as defined in ORS
455.010,
{ - shall - } { + may + } not issue a building permit for the
construction of a dwelling on a lot or parcel in an exclusive
farm use zone without evidence that the owner of the lot or
parcel upon which the dwelling is proposed to be constructed has
paid the additional tax, if any, imposed by the county assessor
under subsection (6)(c) of this section.
SECTION 8. ORS 215.296 is amended to read:
215.296. (1) A use allowed under ORS 215.213 (2) or 215.283 (2)
may be approved only where the local governing body or its
designee finds that the use will not:
(a) Force a significant change in accepted farm or forest
practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest
practices on surrounding lands devoted to farm or forest use.
(2) An applicant for a use allowed under ORS 215.213 (2) or
215.283 (2) may demonstrate that the standards for approval set
forth in subsection (1) of this section will be satisfied through
the imposition of conditions. Any conditions so imposed shall be
clear and objective.
(3) A person engaged in farm or forest practices on lands
devoted to farm or forest use may file a complaint with the local
governing body alleging:
(a) That a condition imposed pursuant to subsection (2) of this
section has been violated;
(b) That the violation has:
(A) Forced a significant change in accepted farm or forest
practices on surrounding lands devoted to farm or forest use; or
(B) Significantly increased the cost of accepted farm or forest
practices on surrounding lands devoted to farm or forest use; and
(c) That the complainant is adversely affected by the
violation.
(4) Upon receipt of a complaint, the local governing body or
its designee shall:
(a) Forward the complaint to the operator of the use;
(b) Review the complaint in the manner set forth in ORS 215.402
to 215.438; and
(c) Determine whether the allegations made pursuant to
subsection (3) of this section are true.
(5) Upon a determination that the allegations of the complaint
are true, the local governing body or its designee at a minimum
shall notify the violator that a violation has occurred, direct
the violator to correct the conditions that led to the violation
within a specified time period and warn the violator against the
commission of further violations.
(6) If the conditions that led to a violation are not corrected
within the time period specified pursuant to subsection (5) of
this section, or if there is a determination pursuant to
subsection (4) of this section following the receipt of a second
complaint that a further violation has occurred, the local
governing body or its designee at a minimum shall assess a fine
against the violator.
(7) If the conditions that led to a violation are not corrected
within 30 days after the imposition of a fine pursuant to
subsection (6) of this section, or if there is a determination
pursuant to subsection (4) of this section following the receipt
of a third or subsequent complaint that a further violation has
occurred, the local governing body or its designee shall at a
minimum order the suspension of the use until the violator
corrects the conditions that led to the violation.
(8) If a use allowed under ORS 215.213 (2) or 215.283 (2) is
initiated without prior approval pursuant to subsection (1) of
this section, the local governing body or its designee at a
minimum shall notify the user that prior approval is required,
direct the user to apply for approval within 21 days and warn the
user against the commission of further violations. If the user
does not apply for approval within 21 days, the local governing
body or its designee shall order the suspension of the use until
the user applies for and receives approval. If there is a
determination pursuant to subsection (4) of this section
following the receipt of a complaint that a further violation
occurred after approval was granted, the violation shall be
deemed a second violation and the local governing body or its
designee at a minimum shall assess a fine against the violator.
(9)(a) The standards set forth in subsection (1) of this
section { - shall - } { + do + } not apply to farm or forest
uses conducted within:
(A) Lots or parcels with a single-family residential dwelling
approved under ORS 215.213 (3), 215.284 (1), (2), (3) { + , + }
{ - or - } (4) { + or (7) + } or 215.705;
(B) An exception area approved under ORS 197.732; or
(C) An acknowledged urban growth boundary.
(b) A person residing in a single-family residential dwelling
which was approved under ORS 215.213 (3), 215.284 (1), (2),
(3) { + , + }
{ - or - } (4) { + or (7) + } or 215.705, which is within an
exception area approved under ORS 197.732 or which is within an
acknowledged urban growth boundary may not file a complaint under
subsection (3) of this section.
(10) Nothing in this section shall prevent a local governing
body approving a use allowed under ORS 215.213 (2) or 215.283 (2)
from establishing standards in addition to those set forth in
subsection (1) of this section or from imposing conditions to
insure conformance with such additional standards.
SECTION 9. ORS 197.065 is amended to read:
197.065. (1) Prior to each legislative session, the Land
Conservation and Development Commission shall submit to the Joint
Legislative Committee on Land Use a written report analyzing
applications approved and denied for:
(a) New and replacement dwellings under:
(A) ORS 215.213 (1)(e) and (g), (2)(a) and (b), (3) and (4),
215.283 (1)(e) and (f), 215.284 and 215.705; and
(B) Any land zoned for forest use under any statewide planning
goal that relates to forestland;
(b) Divisions of land under:
(A) ORS 215.263 (2) { + , + } { - and - } (4) { + and
(5) + }; and
(B) Any land zoned for forest use under any statewide planning
goal that relates to forestland;
(c) Dwellings and land divisions approved for marginal lands
under:
(A) ORS 215.317 or 215.327; and
(B) Any land zoned for forest use under any statewide planning
goal that relates to forestland; and
(d) Such other matters pertaining to protection of agricultural
or forest land as the commission deems appropriate.
(2) The governing body of each county shall provide the
Department of Land Conservation and Development with a report of
its actions involving those dwellings, land divisions and land
designations upon which the commission must report to the Joint
Legislative Committee on Land Use under subsection (1) of this
section. The department shall establish, after consultation with
county governing bodies, an annual reporting period and may
establish a schedule for receiving county reports at intervals
within the reporting period. The report shall be on a standard
form with a standardized explanation adopted by the commission
and shall be eligible for grants by the commission. The report
shall include the findings for each action except actions
involving:
(a) Dwellings authorized by ORS 215.213 (1)(e) or 215.283
(1)(e); or
(b) Land divisions authorized by ORS 215.263 (2) creating
parcels as large as or larger than a minimum { - lot - } size
{ - acknowledged - } { + established + } by the commission
under ORS { - 197.251 - } { + 215.780 + }.
(3) The governing body of each county shall, upon request by
the department, provide the department with other information
necessary to carry out subsection (1) of this section.
SECTION 10. ORS 215.265 is amended to read:
215.265. In approving a land division under ORS 215.263
{ - (9) - } { + (10) + }, the governing body of a county or its
designee shall require as a condition of approval that the owner
of any parcel not containing a dwelling sign and record in the
deed records for the county where the parcel is located an
irrevocable deed restriction prohibiting the owner and the
owner's successors in interest from pursuing a cause of action or
claim of relief alleging an injury from farming or forest
practices for which no claim or action is allowed under ORS
30.936 or 30.937.
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