Relating to guest ranches; creating new provisions; amending sections 1 and 5, chapter 728, Oregon Laws 1997; repealing section 3, chapter 728, Oregon Laws 1997; and prescribing an effective date.

 
 
 
     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 3104
 
                           A-Engrossed
 
                         Senate Bill 928
                 Ordered by the Senate April 12
           Including Senate Amendments dated April 12
 
Sponsored by Senator FERRIOLI (at the request of Oregon
  Association of Convention and Visitors Bureaus)
 
 
                             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.
 
    { - Repeals - }   { + Extends + } sunset for provision that
allows establishment of guest ranch in exclusive farm use zone in
eastern Oregon. { +  Requires guest ranch to use accepted
livestock practices.  Clarifies required distance between ranch
and urban growth boundary. + }
    { - Declares emergency, effective December 31, 2001. - }
   { +  Takes effect December 31, 2001. + }
 
                        A BILL FOR AN ACT
Relating to guest ranches; creating new provisions; amending
  sections 1 and 5, chapter 728, Oregon Laws 1997; repealing
  section 3, chapter 728, Oregon Laws 1997; and prescribing an
  effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 3, chapter 728, Oregon Laws 1997, is
repealed. + }
  SECTION 2. Section 1, chapter 728, Oregon Laws 1997, as amended
by section 1, chapter 216, Oregon Laws 1999, is amended to read:
   { +  Sec. 1. + } (1) Notwithstanding ORS 215.283, a guest
ranch may be established in conjunction with an existing  { + and
continuing + } livestock operation { + , using accepted livestock
practices, + } that qualifies as a farm use under ORS 215.203 in
any area zoned for exclusive farm use in eastern Oregon.
  (2) A guest ranch established under this section shall meet the
following conditions:
  (a) Except as provided in paragraph (d) of this subsection, the
lodge, bunkhouses or cottages cumulatively shall:
  (A) Include not less than four nor more than 10 overnight guest
rooms exclusive of kitchen areas, rest rooms, storage and other
shared indoor facilities; and
  (B) Not exceed a total of 12,000 square feet in floor area.
  (b) The guest ranch shall be located on a lawfully created
parcel   { - that is - } :
  (A)  { + That is + } at least 160 acres;
  (B)  { + That is + } the parcel containing the dwelling of the
person conducting the livestock operation; and
 
  (C)  { + That is + } not classified as high-value farmland as
defined in ORS 215.710.
  (c) The guest ranch may be sited on any portion of a lot or
parcel   { - that - }  { +  if the majority of the lot or
parcel + } is more than 10 air miles from an urban growth
boundary containing a population greater than 5,000, regardless
of whether any other portion of the lot or parcel is within 10
miles of the urban growth boundary. The guest ranch shall be
deemed to comply with this paragraph if it is located within the
range set by the standard margin of error on the county's map
used to determine the distance from an urban growth boundary.
  (d) For each doubling of the initial 160 acres required under
paragraph (b) of this subsection, up to five additional overnight
guest rooms and 3,000 square feet of floor area may be added to
the guest ranch for a total of not more than 25 guest rooms and
21,000 square feet of floor area.
  (3) A guest ranch may provide recreational activities that can
be provided in conjunction with the livestock operation's natural
setting, including but not limited to hunting, fishing, hiking,
biking, horseback riding, camping or swimming. Intensively
developed recreational facilities, such as golf courses as
identified in ORS 215.283, shall not be allowed. A campground as
described in ORS 215.283 (2)(c) shall not be allowed in
conjunction with a guest ranch, and a guest ranch shall not be
allowed in conjunction with an existing golf course under ORS
215.283 (2)(e) or with an existing campground under ORS 215.283
(2)(c).
  (4) Food services shall be incidental to the operation of the
guest ranch and shall be provided only for the guests of the
guest ranch. The cost of meals provided to the guests shall be
included as part of the fee to visit or stay at the guest ranch.
The sale of individual meals to persons who are not guests of the
guest ranch shall not be allowed.
  (5) Approval of a guest ranch shall be subject to the
provisions of ORS 215.296 (1) and (2) and other approval or
siting standards of the county.
  (6) As used in this section:
  (a) 'Eastern Oregon' shall have the meaning provided in ORS
321.405.
  (b) 'Guest ranch' means a facility for overnight lodging
incidental and accessory to an existing livestock operation that
qualifies as a farm use under ORS 215.203. Guest ranch facilities
may include a lodge, bunkhouse or cottage accommodations as well
as passive recreational activities and food services as set forth
in subsections (2) to (4) of this section.
  (c) 'Livestock' means cattle, sheep, horses and bison.
  SECTION 3. Section 5, chapter 728, Oregon Laws 1997, is amended
to read:
   { +  Sec. 5. + }   { - This Act - }   { + Chapter 728, Oregon
Laws 1997, + } is repealed December 31,   { - 2001 - }  { +
2005 + }.
  SECTION 4.  { + The Department of Land Conservation and
Development, the State Department of Agriculture and the Economic
and Community Development Department shall jointly submit a
written report to the Seventy-third Legislative Assembly by
January 1, 2005. + }
  SECTION 5.  { + This 2001 Act takes effect on December 31,
2001. + }
                         ----------