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 3930
House Bill 3585
Sponsored by Representative SIMMONS (at the request of Baker
County Visitor and Convention Bureau)
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 as
introduced.
Modifies standards for siting destination resorts.
A BILL FOR AN ACT
Relating to destination resorts; creating new provisions; and
amending ORS 197.435 and 197.460.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.435 is amended to read:
197.435. As used in ORS 197.435 to 197.467:
(1) 'Developed recreational facilities' means improvements
constructed for the purpose of recreation and may include but are
not limited to golf courses, tennis courts, swimming pools,
marinas, ski runs and bicycle paths.
(2) 'High value crop area' means an area in which there is a
concentration of commercial farms capable of producing crops or
products with a minimum gross value of $1,000 per acre per year.
These crops and products include field crops, small fruits,
berries, tree fruits, nuts or vegetables, dairying, livestock
feedlots or Christmas trees as these terms are used in the 1983
County and State Agricultural Estimates prepared by the Oregon
State University Extension Service. The 'high value crop area '
designation is used for the purpose of minimizing conflicting
uses in resort siting and does not revise the requirements of an
agricultural land goal or administrative rules interpreting the
goal. { + As used in this subsection, 'capable' means having
qualities or features conducive to accomplishment considering
historic use and productivity of lands in agricultural
production. + }
(3) 'Map of eligible lands' means a map of the county adopted
pursuant to ORS 197.455.
(4) 'Open space' means any land that is retained in a
substantially natural condition or is improved for recreational
uses such as golf courses, hiking or nature trails or equestrian
or bicycle paths or is specifically required to be protected by a
conservation easement. Open spaces may include ponds, lands
protected as important natural features, lands preserved for farm
or forest use and lands used as buffers. Open space does not
include residential lots or yards, streets or parking areas.
(5) 'Overnight lodgings' means permanent, separately rentable
accommodations which are not available for residential use.
Overnight lodgings include hotel or motel rooms, cabins and
time-share units. Individually owned units may be considered
overnight lodgings if they are available for overnight rental use
by the general public for at least 45 weeks per calendar year
through a central reservation and check-in service. Tent sites,
recreational vehicle parks, manufactured dwellings, dormitory
rooms and similar accommodations do not qualify as overnight
lodgings for the purpose of this definition.
(6) 'Self-contained development' means a development for which
community sewer and water facilities are provided on-site and are
limited to meet the needs of the development or are provided by
existing public sewer or water service as long as all costs
related to service extension and any capacity increases are borne
by the development. A 'self-contained development' shall have
developed recreational facilities provided on-site.
(7) 'Tract' means a lot or parcel or more than one contiguous
lot or parcel in a single ownership. A tract may include property
that is not included in the proposed site for a destination
resort if the property to be excluded is on the boundary of the
tract and constitutes less than 30 percent of the total tract.
(8) 'Visitor-oriented accommodations' means overnight lodging,
restaurants and meeting facilities which are designed to and
provide for the needs of visitors rather than year-round
residents.
SECTION 2. ORS 197.460 is amended to read:
197.460. A county shall insure that a destination resort is
compatible with the site and adjacent land uses through the
following measures:
(1) Important natural features, including habitat of threatened
or endangered species, streams, rivers and significant wetlands
shall be retained. Riparian vegetation within 100 feet of
streams, rivers and significant wetlands shall be retained.
Alteration of important natural features, including placement of
structures which maintain the overall values of the feature may
be allowed.
(2) Improvements and activities shall be located and designed
to avoid or minimize adverse effects of the resort on uses on
surrounding lands, particularly effects on intensive farming
operations in the area. At a minimum, measures to accomplish this
shall include:
(a) Establishment and maintenance of buffers between the resort
and adjacent land uses, including natural vegetation and where
appropriate, fences, berms, landscaped areas and other similar
types of buffers.
(b) Setbacks of structures and other improvements from adjacent
land uses.
{ + (3) The dimensions of a buffer established between a
destination resort and adjacent land uses shall be designed
specifically to avoid or minimize the adverse effects of the
resort based on the actual current and historic uses adjacent to
the resort and in the region. An all-purpose buffer that does not
differ in size, distance or dimension based on the actual current
and historic uses adjacent to the resort and in the region may
not be established under a statewide planning goal adopted under
ORS chapters 195, 196 and 197 or under an administrative rule of
the Land Conservation and Development Commission. + }
SECTION 3. { + The provisions of a statewide planning goal
adopted under ORS chapters 195, 196 and 197 or an administrative
rule adopted by the Land Conservation and Development Commission
that is inconsistent with the amendments to ORS 197.435 and
197.460 by sections 1 and 2 of this 2001 Act shall have no
further force and effect on or after the effective date of this
2001 Act. + }
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