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 2698
Senate Bill 619
Sponsored by Senator R BEYER
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 criteria for dwellings allowed on farmland and
forestland. Limits rulemaking authority of Land Conservation and
Development Commission relating to certain rural lands. Modifies
criteria for private parks, playgrounds, hunting and fishing
preserves and campgrounds in exclusive farm use zones.
A BILL FOR AN ACT
Relating to uses allowed on rural lands; creating new provisions;
and amending ORS 215.283 and 215.705.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS chapter 197. + }
SECTION 2. { + (1) In carrying out its duties, the Land
Conservation and Development Commission may not adopt rules or
goals for rural lands that:
(a) Establish an annual gross income standard for dwellings on
high-value farmland that requires gross income greater than
$40,000 for two of the last three years or three of the last five
years, whichever is least restrictive.
(b) Establish an annual gross income standard for dwellings on
farmland that is not classified as high-value farmland that
requires gross income greater than $20,000 for two of the last
three years or three of the last five years, whichever is least
restrictive.
(2) In carrying out its duties, the commission shall adopt
rules or goals for rural lands that:
(a) For high-value farmland in a local jurisdiction that
requires implementation of a farm management plan, establish a
gross income capability test that demonstrates a tract is capable
of producing annual gross income greater than $50,000 before a
dwelling can be constructed.
(b) For farmland not classified as high-value farmland in a
local jurisdiction that requires implementation of a farm
management plan, establish a gross income capability test that
demonstrates a tract is capable of producing annual gross income
greater than $25,000 before a dwelling can be constructed.
(3) Except as set forth in subsections (1) and (2) of this
section, the commission may not prohibit or limit uses on
exclusive farm use land that are allowed under ORS 215.283 or, if
the county has adopted marginal lands provisions, under ORS
215.213.
(4) For purposes of this section, 'high-value farmland ' means
high-value farmland as described in ORS 215.710. + }
SECTION 3. { + A portion of a goal, rule, comprehensive plan,
land use regulation or ordinance not in conformance with the
provisions of section 2 of this 2001 Act on the effective date of
this 2001 Act:
(1) May not be implemented or enforced; and
(2) Has no legal effect. + }
SECTION 4. { + Sections 5 and 6 of this 2001 Act are added to
and made a part of ORS chapter 215. + }
SECTION 5. { + (1) In carrying out its duties under ORS
197.040, the Land Conservation and Development Commission may not
adopt rules or goals for rural lands that prohibit or limit uses
established in ORS 215.213, 215.283 and 215.705 to 215.780. This
provision does not preclude the commission from establishing
conditions or criteria pertaining to the uses allowed.
(2) The provisions of this section do not affect the
eligibility of land for special assessment as provided in ORS
308A.068 and 308A.119. + }
SECTION 6. { + A portion of a goal, rule, comprehensive plan,
land use regulation or ordinance not in conformance with the
provisions of section 5 of this 2001 Act on the effective date of
this 2001 Act:
(1) May not be implemented or enforced; and
(2) Has no legal effect. + }
SECTION 7. ORS 215.705 is amended to read:
215.705. (1) A governing body of a county or its designate may
allow the establishment of a single-family dwelling on a lot or
parcel located within a farm or forest zone as set forth in this
section and ORS 215.710, 215.720, 215.740 and 215.750 after
notifying the county assessor that the governing body intends to
allow the dwelling. A dwelling under this section may be allowed
if:
(a) The lot or parcel on which the dwelling will be sited was
lawfully created and was acquired by the present owner:
(A) Prior to January 1, { - 1985 - } { + 1993 + }; or
(B) By devise or by intestate succession from a person who
acquired the lot or parcel prior to January 1, { - 1985 - }
{ + 1993 + }.
(b) The tract on which the dwelling will be sited does not
include a dwelling.
(c) The proposed dwelling is not prohibited by, and will comply
with, the requirements of the acknowledged comprehensive plan and
land use regulations and other provisions of law.
(d) The lot or parcel on which the dwelling will be sited, if
zoned for farm use, is not on that high-value farmland described
in ORS 215.710 except as provided in subsections (2) and (3) of
this section.
(e) The lot or parcel on which the dwelling will be sited, if
zoned for forest use, is described in ORS 215.720, 215.740 or
215.750.
(f) When the lot or parcel on which the dwelling will be sited
lies within an area designated in an acknowledged comprehensive
plan as habitat of big game, the siting of the dwelling is
consistent with the limitations on density upon which the
acknowledged comprehensive plan and land use regulations intended
to protect the habitat are based.
(g) When the lot or parcel on which the dwelling will be sited
is part of a tract, the remaining portions of the tract are
consolidated into a single lot or parcel when the dwelling is
allowed.
(2)(a) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
(A) It meets the other requirements of ORS 215.705 to 215.750;
(B) The lot or parcel is protected as high-value farmland as
described under ORS 215.710 (1); and
(C) A hearings officer of a county determines that:
(i) The lot or parcel cannot practicably be managed for farm
use, by itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land or its physical
setting that do not apply generally to other land in the
vicinity.
(ii) The dwelling will comply with the provisions of ORS
215.296 (1).
(iii) The dwelling will not materially alter the stability of
the overall land use pattern in the area.
(b) A local government shall provide notice of all applications
for dwellings allowed under this subsection to the State
Department of Agriculture. Notice shall be provided in accordance
with the governing body's land use regulations but shall be
mailed at least 20 calendar days prior to the public hearing
before the hearings officer under paragraph (a) of this
subsection.
(3) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
(a) It meets the other requirements of ORS 215.705 to 215.750.
(b) The tract on which the dwelling will be sited is:
(A) Identified in ORS 215.710 (3) or (4);
(B) Not protected under ORS 215.710 (1); and
(C) Twenty-one acres or less in size.
(c)(A) The tract is bordered on at least 67 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
two such tracts had dwellings on them on January 1, 1993; or
(B) The tract is bordered on at least 25 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
four dwellings existed on January 1, 1993, within one-quarter
mile of the center of the subject tract. Up to two of the four
dwellings may lie within the urban growth boundary, but only if
the subject tract abuts an urban growth boundary.
(4) If land is in a zone that allows both farm and forest uses,
is acknowledged to be in compliance with goals relating to both
agriculture and forestry and may qualify as an exclusive farm use
zone under this chapter, the county may apply the standards for
siting a dwelling under either subsection (1)(d) of this section
or ORS 215.720, 215.740 and 215.750 as appropriate for the
predominant use of the tract on January 1, 1993.
(5) A county may, by application of criteria adopted by
ordinance, deny approval of a dwelling allowed under this section
in any area where the county determines that approval of the
dwelling would:
(a) Exceed the facilities and service capabilities of the area;
(b) Materially alter the stability of the overall land use
pattern in the area; or
(c) Create conditions or circumstances that the county
determines would be contrary to the purposes or intent of its
acknowledged comprehensive plan or land use regulations.
(6) For purposes of subsection (1)(a) of this section, ' owner'
includes the wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, stepparent, stepchild, grandparent or grandchild
of the owner or a business entity owned by any one or combination
of these family members.
(7) When a local government approves an application for a
single-family dwelling under the provisions of this section, the
application may be transferred by a person who has qualified
under this section to any other person after the effective date
of the land use decision.
SECTION 8. ORS 215.283 is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
(f) The dwellings and other buildings customarily provided in
conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
(h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(p) Seasonal farmworker housing as defined in ORS 197.675.
(q) Creation of, restoration of or enhancement of wetlands.
(r) A winery, as described in ORS 215.452.
(s) Farm stands, if:
(A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling. A replacement
dwelling may be sited on any part of the same lot or parcel. A
dwelling established under this paragraph shall comply with all
applicable siting standards. However, the standards shall not be
applied in a manner that prohibits the siting of the dwelling. If
the dwelling to be replaced is located on a portion of the lot or
parcel not zoned for exclusive farm use, the applicant, as a
condition of approval, shall execute and record in the deed
records for the county where the property is located a deed
restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be
irrevocable unless a statement of release is placed in the deed
records for the county. The release shall be signed by the county
or its designee and state that the provisions of this paragraph
regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the
director's designee shall maintain a record of the lots and
parcels that do not qualify for the siting of a new dwelling
under the provisions of this paragraph, including a copy of the
deed restrictions and release statements filed under this
paragraph.
(u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
(v) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm
crops processed at the facility. The building established for the
processing facility shall not exceed 10,000 square feet of floor
area exclusive of the floor area designated for preparation,
storage or other farm use or devote more than 10,000 square feet
to the processing activities within another building supporting
farm uses. A processing facility shall comply with all applicable
siting standards but the standards shall not be applied in a
manner that prohibits the siting of the processing facility.
(w) Fire service facilities providing rural fire protection
services.
(x) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
(y) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
(2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area
zoned for exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in
subsection (1)(v) of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds { + regardless of soil type + }. 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) of this
section.
(L) Transmission towers over 200 feet in height.
(m) Dog kennels not described in subsection (1)(j) of this
section.
(n) Residential homes as defined in ORS 197.660, in existing
dwellings.
(o) The propagation, cultivation, maintenance and harvesting of
aquatic or insect species. Insect species shall not include any
species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture. The county shall
provide notice of all applications under this paragraph to the
State Department of Agriculture. Notice shall be provided in
accordance with the county's land use regulations but shall be
mailed at least 20 calendar days prior to any administrative
decision or initial public hearing on the application.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities,
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(s) A destination resort which is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u) Operations for the extraction and bottling of water.
(v) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair
boards established pursuant to ORS 565.210.
(w)(A) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
an urban growth boundary.
(B) As used in this paragraph:
(i) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(ii) 'Local historical society' means the local historical
society recognized by the county governing body and organized
under ORS chapter 65.
(x) Expansion or replacement of an existing facility for an
animal shelter as defined in ORS 609.500, if the shelter is tax
exempt pursuant to section 501(c)(3) of the Internal Revenue Code
as amended and in effect on January 1, 1999.
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
SECTION 9. ORS 215.283, as amended by section 14b, chapter 756,
Oregon Laws 1999, is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
(f) The dwellings and other buildings customarily provided in
conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
(h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(p) Seasonal farmworker housing as defined in ORS 197.675.
(q) Creation of, restoration of or enhancement of wetlands.
(r) A winery, as described in ORS 215.452.
(s) Farm stands, if:
(A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling. A replacement
dwelling may be sited on any part of the same lot or parcel. A
dwelling established under this paragraph shall comply with all
applicable siting standards. However, the standards shall not be
applied in a manner that prohibits the siting of the dwelling. If
the dwelling to be replaced is located on a portion of the lot or
parcel not zoned for exclusive farm use, the applicant, as a
condition of approval, shall execute and record in the deed
records for the county where the property is located a deed
restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be
irrevocable unless a statement of release is placed in the deed
records for the county. The release shall be signed by the county
or its designee and state that the provisions of this paragraph
regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the
director's designee shall maintain a record of the lots and
parcels that do not qualify for the siting of a new dwelling
under the provisions of this paragraph, including a copy of the
deed restrictions and release statements filed under this
paragraph.
(u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
(v) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm
crops processed at the facility. The building established for the
processing facility shall not exceed 10,000 square feet of floor
area exclusive of the floor area designated for preparation,
storage or other farm use or devote more than 10,000 square feet
to the processing activities within another building supporting
farm uses. A processing facility shall comply with all applicable
siting standards but the standards shall not be applied in a
manner that prohibits the siting of the processing facility.
(w) Fire service facilities providing rural fire protection
services.
(x) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
(y) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
(2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area
zoned for exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in
subsection (1)(v) of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds { + regardless of soil type + }. 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) of this
section.
(L) Transmission towers over 200 feet in height.
(m) Dog kennels not described in subsection (1)(j) of this
section.
(n) Residential homes as defined in ORS 197.660, in existing
dwellings.
(o) The propagation, cultivation, maintenance and harvesting of
aquatic or insect species. Insect species shall not include any
species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture. The county shall
provide notice of all applications under this paragraph to the
State Department of Agriculture. Notice shall be provided in
accordance with the county's land use regulations but shall be
mailed at least 20 calendar days prior to any administrative
decision or initial public hearing on the application.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities,
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(s) A destination resort which is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u) Operations for the extraction and bottling of water.
(v) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair
boards established pursuant to ORS 565.210.
(w)(A) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
an urban growth boundary.
(B) As used in this paragraph:
(i) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(ii) 'Local historical society' means the local historical
society recognized by the county governing body and organized
under ORS chapter 65.
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
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