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 3577
House Bill 3599
Sponsored by COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC
AFFAIRS
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.
Requires exception from land use planning goal for
establishment of aggregate mining operations on land zoned for
exclusive farm use.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to mining in exclusive farm use zone; creating new
provisions; amending ORS 215.203, 215.213, 215.263, 215.283,
215.298, 215.301, 215.452 and 308A.056; repealing ORS 215.425;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 215.425 is repealed. + }
SECTION 2. 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 customarily provided in conjunction with farm
use if the dwelling is 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) - } { + (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.
{ - (k) - } { + (j) + } 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) - } { + (k) + } 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) - } { + (L) + } Climbing and passing lanes within
the right of way existing as of July 1, 1987.
{ - (n) - } { + (m) + } 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) - } { + (n) + } 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) - } { + (o) + } 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) - } { + (p) + } 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) - } { + (q) + } 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
{ - ; - } { + , subject to ORS 215.298. + }
{ - (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) - }
{ + (1)(k) + } 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 3. ORS 215.283 is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
(f) The dwellings and other buildings customarily provided in
conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
{ - (h) Operations for the exploration for minerals as
defined by ORS 517.750. Any activities or construction relating
to such operations shall not be a basis for an exception under
ORS 197.732 (1)(a) or (b). - }
{ - (i) - } { + (h) + } 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) - } { + (i) + } The breeding, kenneling and
training of greyhounds for racing.
{ - (k) - } { + (j) + } Climbing and passing lanes within
the right of way existing as of July 1, 1987.
{ - (L) - } { + (k) + } 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) - } { + (L) + } 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) - } { + (m) + } 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) - } { + (n) + } 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) - } { + (o) + } 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
{ - ; - } { + , subject to ORS 215.298. + }
{ - (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) - }
{ + (1)(i) + } 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 4. ORS 215.283, as amended by section 14b, chapter 756,
Oregon Laws 1999, is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
(f) The dwellings and other buildings customarily provided in
conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
{ - (h) Operations for the exploration for minerals as
defined by ORS 517.750. Any activities or construction relating
to such operations shall not be a basis for an exception under
ORS 197.732 (1)(a) or (b). - }
{ - (i) - } { + (h) + } 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) - } { + (i) + } The breeding, kenneling and
training of greyhounds for racing.
{ - (k) - } { + (j) + } Climbing and passing lanes within
the right of way existing as of July 1, 1987.
{ - (L) - } { + (k) + } 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) - } { + (L) + } 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) - } { + (m) + } 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) - } { + (n) + } 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) - } { + (o) + } 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
{ - ; - } { + , subject to ORS 215.298. + }
{ - (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) - }
{ + (1)(i) + } 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 5. 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 6. 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) - } { + (j) + }, 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) - } { + (1)(p) + } and 215.283
{ - (1)(o) - } { + (1)(n) + }.
(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 7. ORS 215.298 is amended to read:
215.298. (1) For purposes of { - ORS 215.213 (2) and 215.283
(2), a land use permit - } { + land zoned for exclusive farm
use, an exception under ORS 197.732 + } is required for mining
more than 1,000 cubic yards of material or excavation preparatory
to mining of a surface area of more than one acre. A county may
set standards for a lower volume or smaller surface area than
that set forth in this subsection.
(2) { - A permit - } { + An exception + } for mining of
aggregate shall be issued only for a site included on an
inventory in an acknowledged comprehensive plan.
(3) For purposes of ORS 215.213 (2) and 215.283 (2) and this
section, 'mining' includes all or any part of the process of
mining by the removal of overburden and the extraction of natural
mineral deposits thereby exposed by any method including open-pit
mining operations, auger mining operations, processing, surface
impacts of underground mining, production of surface mining
refuse and the construction of adjacent or off-site borrow pits
except those constructed for use as access roads. 'Mining' does
not include excavations of sand, gravel, clay, rock or other
similar materials conducted by a landowner or tenant on the
landowner or tenant's property for the primary purpose of
reconstruction or maintenance of access roads and excavation or
grading operations conducted in the process of farming or
cemetery operations, on-site road construction or other on-site
construction or nonsurface impacts of underground mines.
SECTION 8. ORS 215.301 is amended to read:
215.301. (1) Notwithstanding the provisions of ORS
{ - 215.213, 215.283 and - } { + + }215.284 { + or
215.298 + }, { - no - } { + an + } application
{ - shall - } { + or an exception may not + } be approved to
allow batching and blending of mineral and aggregate into asphalt
cement within two miles of a planted vineyard.
(2) Nothing in this chapter shall be construed to apply to
operations for batching and blending of mineral and aggregate
under a local land use approval on October 3, 1989, or a
subsequent renewal of an existing approval.
(3) Nothing in ORS 215.213, 215.263, 215.283, 215.284, 215.296
or 215.298 { + (1999 Edition) + } shall be construed to apply to
a use allowed under ORS 215.213 (2) or 215.283 (2) and approved
by a local governing body on October 3, 1989, or a subsequent
renewal of an existing approval.
SECTION 9. 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 10. 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. { +
SECTION 11. A provision of a statewide planning goal adopted
under ORS chapters 195, 196 and 197 or of an administrative rule
adopted by the Land Conservation and Development Commission that
is inconsistent with the repeal of ORS 215.425 by section 1 of
this 2001 Act or the amendments to ORS 215.203, 215.213, 215.263,
215.283, 215.298, 215.301, 215.452 and 308A.056 by sections 2 to
10 of this 2001 Act shall have no force and effect from the date
the provision of the goal or rule was adopted. However, nothing
in this section shall deprive a property owner of a property
right that vested under the inconsistent provision of a goal or
rule between the effective date of the provision and the
effective date of this 2001 Act. + }
SECTION 12. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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