72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to A-Eng. SB 538
LC 953/SB 538-A27
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 538
By COMMITTEE ON RULES AND PUBLIC AFFAIRS
August 27
On page 1 of the printed A-engrossed bill, line 2, after the
semicolon delete the rest of the line and insert 'creating new
provisions; amending ORS 197.732, 215.203, 215.213, 215.283,
215.298, 215.452 and 274.406; and declaring an emergency.'.
Delete lines 4 through 26 and delete pages 2 through 6 and
insert:
' { + SECTION 1. + } { + (1) The Legislative Assembly finds:
' (a) That aggregate resources are of statewide importance and
are vital to the growth, livability and transportation
infrastructure of Oregon.
' (b) That agriculture is of statewide importance and is vital
to the growth, livability and health of Oregon.
' (c) That aggregate resources and agricultural lands are
limited in quality and quantity throughout the state.
' (2) The Legislative Assembly declares:
' (a) That it is the policy of the State of Oregon to protect
and make available aggregate resources and agricultural lands for
the benefit of the people of Oregon.
' (b) That it is necessary and appropriate to make aggregate
resources available on land zoned for farm or forest use under
conditions that balance the needs of aggregate and agricultural
production and that protect the health and safety of residents
and property in the vicinity of surface mine sites.
' (c) When considering an application for aggregate mining,
state and local governments should strive to maximize the
utilization of aggregate resources while minimizing the
disturbance of farmland. + }
' { + SECTION 2. + } 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 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 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.
' { + (4) For purposes of this section, 'inventory' means
either of the following lists of aggregate resource sites:
' (a) A list of aggregate resource sites included in a
comprehensive plan that identifies sites:
' (A) Determined to be significant under a statewide land use
planning goal protecting natural resources and conserving scenic
and historic areas and open spaces; or
' (B) Containing more than 100,000 tons of aggregate deposits.
' (b) A list of aggregate resource sites maintained by a local
government that identifies sites that contain less than 100,000
tons of aggregate deposits and that are not determined to be
significant as described in paragraph (a)(A) of this subsection.
' (5) Notwithstanding the limitation on the size of an
aggregate deposit to be included as a resource in a list of
aggregate resource sites under subsection (4)(b) of this section,
a local government may add an aggregate resource site for which a
permit was issued under this section prior to the effective date
of this 2003 Act. + }
' { + SECTION 3. + } { + (1) There is created the Task Force
on Aggregate Resources consisting of nine members appointed as
follows:
' (a) The President of the Senate shall appoint two members
from among members of the Senate.
' (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives.
' (c) The Governor shall appoint five members who include
representatives of:
' (A) The Association of Oregon Counties.
' (B) The Oregon Farm Bureau.
' (C) Land use planning organizations.
' (D) The aggregate resource industry.
' (E) The Land Conservation and Development Commission.
' (2) The purpose of the task force is to study and make
recommendations on the regulation of conflicts between aggregate
resource mining and farm uses, forest uses and other uses of land
zoned for farm or forest use, including the processes for
approval of aggregate resource mining on land zoned for farm or
forest use.
' (3) The task force shall:
' (a) Review the current regulatory status of aggregate
resource mining on land zoned for farm or forest use and the
conflicts between aggregate resource mining and farm uses, forest
uses and other uses of land zoned for farm or forest use.
' (b) Establish a workgroup to assist the task force in
accomplishing its purpose, with members to include, but not be
limited to, representatives of:
' (A) The farming community;
' (B) The mining industry;
' (C) Land use planning organizations;
' (D) Environmental organizations;
' (E) The building industry;
' (F) The office of the Governor; and
' (G) State and local agencies.
' (c) Develop recommendations for legislation and report those
recommendations to the Governor, the Legislative Assembly and the
appropriate interim legislative committee.
' (4) The task force is subject to the provisions of ORS
171.605 to 171.635 and has the authority contained in ORS 171.505
and 171.510.
' (5) The task force shall use the services of permanent
legislative staff to the greatest extent practicable.
' (6) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish information and advice the members of
the task force consider necessary to perform their duties.
' (7) A majority of the members of the task force constitutes a
quorum for the transaction of business.
' (8) Official action by the task force requires the approval
of a majority of the members of the task force.
' (9) The task force shall elect one of its members to serve as
chairperson.
' (10) The task force shall submit a report, including
recommendations for legislation, to the Governor, the Legislative
Assembly and the appropriate interim legislative committee in the
manner provided by ORS 192.245, no later than October 1,
2004. + }
' { + SECTION 4. + } { + (1) As used in this section,
'Willamette Valley ' means Benton, Clackamas, Columbia, Linn,
Marion, Multnomah, Polk, Washington and Yamhill Counties and the
portion of Lane County east of the summit of the Coast Range.
' (2) Notwithstanding the authority for conditional use of land
for mining and processing of aggregate resources in ORS 215.213
(2)(d) or 215.283 (2)(b) and notwithstanding ORS 215.298:
' (a) A local government may not issue a permit for surface
mining on land zoned for exclusive farm use if 35 percent or more
of the soils in the mining area are Class I soils.
' (b) Subject to the limitation in paragraph (a) of this
subsection, a local government may only issue a permit for
surface mining in the Willamette Valley for a mining area in
which 35 percent or more of the soils are Class I or II soils, or
both, using the process for siting a significant aggregate
resource under a statewide land use planning goal protecting
natural resources and conserving scenic and historic areas and
open spaces. + }
' { + SECTION 5. + } { + Section 3 of this 2003 Act is
repealed on December 31, 2004. + }
' { + SECTION 6. + } 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 { - , - } { + :
' (a) + } 'Farm use' { + :
' (A) + } 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 { + , including the current employment of
land for:
' (i) The preparation, cleaning, treatment, sorting, packaging,
storage and disposal by marketing or otherwise of the products or
by-products raised either on the farm operation or on both the
farm operation and other farm operations for human or animal use.
' (ii) 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.
' (iii) 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.
' (iv) The on-site construction and maintenance of equipment
and facilities used for the activities described in this
paragraph.
' (B) 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) + }. { - ' 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)(x) and 215.283
(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 7. + } ORS 197.732 is amended to read:
' 197.732. (1) A local government may adopt an exception to a
goal if:
' (a) The land subject to the exception is physically developed
to the extent that it is no longer available for uses allowed by
the applicable goal;
' (b) The land subject to the exception is irrevocably
committed as described by Land Conservation and Development
Commission rule to uses not allowed by the applicable goal
because existing adjacent uses and other relevant factors make
uses allowed by the applicable goal impracticable; or
' (c) The following standards are met:
' (A) Reasons justify why the state policy embodied in the
applicable goals should not apply;
' (B) Areas which do not require a new exception cannot
reasonably accommodate the use;
' (C) The long term environmental, economic, social and energy
consequences resulting from the use at the proposed site with
measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal
being located in areas requiring a goal exception other than the
proposed site; and
' (D) The proposed uses are compatible with other adjacent uses
or will be so rendered through measures designed to reduce
adverse impacts.
' (2) 'Compatible,' as used in subsection (1)(c) { - (D) - }
of this section, is not intended as an absolute term meaning no
interference or adverse impacts of any type with adjacent uses.
' (3) The commission shall adopt rules establishing:
' { + (a) That an exception may be adopted to allow a use
authorized by a statewide planning goal that cannot comply with
the approval standards for that type of use; + }
' { - (a) - } { + (b) + } Under what circumstances
particular reasons may or may not be used to justify an exception
under subsection (1)(c)(A) of this section; and
' { - (b) - } { + (c) + } Which uses allowed by the
applicable goal must be found impracticable under subsection (1)
of this section.
' (4) A local government approving or denying a proposed
exception shall set forth findings of fact and a statement of
reasons which demonstrate that the standards of subsection (1) of
this section have or have not been met.
' (5) Each notice of a public hearing on a proposed exception
shall specifically note that a goal exception is proposed and
shall summarize the issues in an understandable manner.
' (6) Upon review of a decision approving or denying an
exception:
' (a) The board or the commission shall be bound by any finding
of fact for which there is substantial evidence in the record of
the local government proceedings resulting in approval or denial
of the exception;
' (b) The board upon petition, or the commission, shall
determine whether the local government's findings and reasons
demonstrate that the standards of subsection (1) of this section
have or have not been met; and
' (c) The board or commission shall adopt a clear statement of
reasons which sets forth the basis for the determination that the
standards of subsection (1) of this section have or have not been
met.
' (7) The commission shall by rule establish the standards
required to justify an exception to the definition of 'needed
housing' authorized by ORS 197.303 (3).
' (8) As used in this section, 'exception' means a
comprehensive plan provision, including an amendment to an
acknowledged comprehensive plan, that:
' (a) Is applicable to specific properties or situations and
does not establish a planning or zoning policy of general
applicability;
' (b) Does not comply with some or all goal requirements
applicable to the subject properties or situations; and
' (c) Complies with standards under subsection (1) of this
section.
' (9) An exception acknowledged under ORS 197.251, 197.625 or
197.630 (1) (1981 Replacement Part) on or before August 9, 1983,
shall continue to be valid and { - shall not be - } { + is
not + } subject to this section.
' { + SECTION 8. + } { + The amendments to ORS 197.732 by
section 7 of this 2003 Act apply to a proposal initiated on or
after the effective date of this 2003 Act to adopt an exception
to a land use planning goal. + }
' { + SECTION 9. + } 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) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
' (B) Notwithstanding ORS 92.010 to 92.190 or the minimum lot
or parcel size requirements under ORS 215.780, if the owner of a
dwelling described in this paragraph obtains construction
financing or other financing secured by the dwelling and the
secured party forecloses on the dwelling, the secured party may
also foreclose on the homesite, as defined in ORS 308A.250, and
the foreclosure shall operate as a partition of the homesite to
create a new parcel.
' (f) Nonresidential buildings customarily provided in
conjunction with farm use.
' (g) Primary or accessory dwellings customarily provided in
conjunction with farm use if the dwellings are 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) 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) 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 (t) of this
subsection.
' (L) 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) Climbing and passing lanes within the right of way
existing as of July 1, 1987.
' (n) 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) 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) 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) 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) Creation of, restoration of or enhancement of wetlands.
' (s) A winery, as described in ORS 215.452.
' (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) Farm stands if:
' (A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
' (B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
' (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.
' (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.
' (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.
' (y) Fire service facilities providing rural fire protection
services.
' (z) Irrigation canals, delivery lines and those structures
and accessory operational facilities associated with a district
as defined in ORS 540.505.
' (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.
' (bb) Subject to the issuance of a license, permit or other
approval by the Department of Environmental Quality under ORS
454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided
in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for
irrigation in connection with a use allowed in an exclusive farm
use zone under this chapter.
' (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)(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;
' (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 { + , including uses accessory to golf
courses. Accessory uses may include one or more food and beverage
service facilities in addition to food and beverage service
facilities located in a clubhouse. Food and beverage service
facilities must be part of and incidental to the operation of the
golf course and must be limited in size and orientation on the
site to serve only the needs of persons who patronize the golf
course and their guests + }.
' (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. Notwithstanding the soil
type or value of the site or expansion area, if a site that is
approved under this paragraph before January 1, 2002, is lawfully
used for the disposal of nonputrescible solid waste, the county
shall allow the site, together with equipment, facilities or
buildings necessary for its operation, to be maintained, expanded
or enhanced as necessary for the disposal of the incoming solid
waste.
' (k) Dog kennels not described in subsection (1)(L) 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 10. + } ORS 215.213, as amended by section 2,
chapter 260, Oregon Laws 2001, 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) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
' (B) Notwithstanding ORS 92.010 to 92.190 or the minimum lot
or parcel size requirements under ORS 215.780, if the owner of a
dwelling described in this paragraph obtains construction
financing or other financing secured by the dwelling and the
secured party forecloses on the dwelling, the secured party may
also foreclose on the homesite, as defined in ORS 308A.250, and
the foreclosure shall operate as a partition of the homesite to
create a new parcel.
' (f) Nonresidential buildings customarily provided in
conjunction with farm use.
' (g) Primary or accessory dwellings customarily provided in
conjunction with farm use if the dwellings are 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) 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) 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 (t) of this
subsection.
' (L) 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) Climbing and passing lanes within the right of way
existing as of July 1, 1987.
' (n) 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) 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) 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) 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) Creation of, restoration of or enhancement of wetlands.
' (s) A winery, as described in ORS 215.452.
' (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) Farm stands if:
' (A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
' (B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
' (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.
' (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.
' (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.
' (y) Fire service facilities providing rural fire protection
services.
' (z) Irrigation canals, delivery lines and those structures
and accessory operational facilities associated with a district
as defined in ORS 540.505.
' (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.
' (bb) Subject to the issuance of a license, permit or other
approval by the Department of Environmental Quality under ORS
454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided
in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for
irrigation in connection with a use allowed in an exclusive farm
use zone under this chapter.
' (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)(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;
' (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 { + , including uses accessory to golf
courses. Accessory uses may include one or more food and beverage
service facilities in addition to food and beverage service
facilities located in a clubhouse. Food and beverage service
facilities must be part of and incidental to the operation of the
golf course and must be limited in size and orientation on the
site to serve only the needs of persons who patronize the golf
course and their guests + }.
' (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) 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 11. + } 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) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
' (B) Notwithstanding ORS 92.010 to 92.190 or the minimum lot
or parcel size requirements under ORS 215.780, if the owner of a
dwelling described in this paragraph obtains construction
financing or other financing secured by the dwelling and the
secured party forecloses on the dwelling, the secured party may
also foreclose on the homesite, as defined in ORS 308A.250, and
the foreclosure shall operate as a partition of the homesite to
create a new parcel.
' (f) Primary or accessory 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) Creation of, restoration of or enhancement of wetlands.
' (q) A winery, as described in ORS 215.452.
' (r) Farm stands if:
' (A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
' (B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
' (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.
' (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.
' (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.
' (v) Fire service facilities providing rural fire protection
services.
' (w) Irrigation canals, delivery lines and those structures
and accessory operational facilities associated with a district
as defined in ORS 540.505.
' (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.
' (y) Subject to the issuance of a license, permit or other
approval by the Department of Environmental Quality under ORS
454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided
in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for
irrigation in connection with a use allowed in an exclusive farm
use zone under this chapter.
' (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)(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;
' (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 and playgrounds. A public park may be established
consistent with the provisions of ORS 195.120.
' (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.
' (f) Golf courses { + , including uses accessory to golf
courses. Accessory uses may include one or more food and beverage
service facilities in addition to food and beverage service
facilities located in a clubhouse. Food and beverage service
facilities must be part of and incidental to the operation of the
golf course and must be limited in size and orientation on the
site to serve only the needs of persons who patronize the golf
course and their guests + }.
' (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) Home occupations as provided in ORS 215.448.
' (j) 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.
' (k) 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.
' (L) 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)(s) of this
section.
' (m) Transmission towers over 200 feet in height.
' (n) Dog kennels not described in subsection (1)(j) of this
section.
' (o) Residential homes as defined in ORS 197.660, in existing
dwellings.
' (p) 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.
' (q) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
' (r) 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.
' (s) 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.
' (t) A destination resort which is approved consistent with
the requirements of any statewide planning goal relating to the
siting of a destination resort.
' (u) Room and board arrangements for a maximum of five
unrelated persons in existing residences.
' (v) Operations for the extraction and bottling of water.
' (w) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair
boards established pursuant to ORS 565.210.
' (x)(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 12. + } ORS 215.452 is amended to read:
' 215.452. (1) A winery, authorized under ORS 215.213 (1)(s)
and 215.283 (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 - }
{ + 5 + } 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 - } { + 10 acres of grapes produced on
one or more farms in the local agricultural area or in the same
or a contiguous county + }; or
' (D) Obtains { + at least 15 acres of + } 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 - } { + grapes produced on one or more
farms in the local agricultural area or in the same or a
contiguous county + }; or
' (D) Obtains { + at least 40 acres of + }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 13. + } ORS 274.406 is amended to read:
' 274.406. (1) Upon the adoption of a report by the State Land
Board under ORS 274.404 (2)(e), the board shall declare the
nature and extent of the state's claim to any interest that
remains or is vested in the State of Oregon with respect to any
land or waterway described in the report.
' (2) Except as it may be modified upon review pursuant to ORS
274.412, a declaration made by the board pursuant to subsection
(1) of this section shall be binding upon the State of Oregon
with respect to the interest, if any, of the State of Oregon in
any land or waterway described in the declaration.
' (3) Nothing contained in this section { + :
' (a) + } Is intended to affect the ability of a court of
competent jurisdiction to make a determination with respect to a
private claim to or interest in real property.
' { + (b) Permits the board, through a declaration of the
nature or extent of the state's claim to any interest that
remains or is vested in the state, to require that owners of
existing structures located on any land or waterway described in
the report obtain a permit, lease or easement from the Division
of State Lands in order to maintain and use the existing
structures. As used in this paragraph, 'structures' includes
dams, diversions, pumps, irrigation works, docks and piers. + }
' { + SECTION 14. + } { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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