72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3710
Senate Bill 922
Sponsored by Senator FISHER; Senators CLARNO, CORCORAN, GEORGE,
METSGER, RINGO, B STARR, C STARR, Representatives AVAKIAN,
BEYER, BUTLER, GILMAN, HOPSON, HUNT, KROPF, MABREY, G SMITH (at
the request of Lynn Lundquist)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies procedure for dividing land in exclusive farm use zone
to create two parcels for siting single-family dwellings not
provided in conjunction with farm use.
A BILL FOR AN ACT
Relating to division of land in exclusive farm use zone; creating
new provisions; and amending ORS 197.665, 215.263, 215.265 and
657A.440.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.263 is amended to read:
215.263. (1) Any proposed division of land included within an
exclusive farm use zone resulting in the creation of one or more
parcels of land shall be reviewed and approved or disapproved by
the governing body or its designee of the county in which the
land is situated. The governing body of a county by ordinance
shall require such prior review and approval for such divisions
of land within exclusive farm use zones established within the
county.
(2) The governing body of a county or its designee may approve
a proposed division of land to create parcels for farm use as
defined in ORS 215.203 if it finds:
(a) That the proposed division of land is appropriate for the
continuation of the existing commercial agricultural enterprise
within the area; or
(b) The parcels created by the proposed division are not
smaller than the minimum size established under ORS 215.780.
(3) The governing body of a county or its designee may approve
a proposed division of land in an exclusive farm use zone for
nonfarm uses, except dwellings, set out in ORS 215.213 (2) or
215.283 (2) if it finds that the parcel for the nonfarm use is
not larger than the minimum size necessary for the use. The
governing body may establish other criteria as it considers
necessary.
(4) In western Oregon, as defined in ORS 321.257, but not in
the Willamette Valley, as defined in ORS 215.010, the governing
body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.213
(3) or 215.284 (2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 50 cubic feet
per acre per year of wood fiber; and
(ii) Composed of at least 90 percent Class VI through VIII
soils;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(5) In eastern Oregon, as defined in ORS 321.405, the governing
body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 20 cubic feet
per acre per year of wood fiber; and
(ii) Either composed of at least 90 percent Class VII and VIII
soils, or composed of at least 90 percent Class VI through VIII
soils and are not capable of producing adequate herbaceous forage
for grazing livestock. The Land Conservation and Development
Commission, in cooperation with the State Department of
Agriculture and other interested persons, may establish by rule
objective criteria for identifying units of land that are not
capable of producing adequate herbaceous forage for grazing
livestock. In developing the criteria, the commission shall use
the latest information from the United States Natural Resources
Conservation Service and consider costs required to utilize
grazing lands that differ in acreage and productivity level;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
{ + (6) If land is divided under subsection (4)(a) or (5)(a)
of this section to create only one new parcel for a single-family
dwelling not provided in conjunction with farm use:
(a) The date of creation of the remainder of the original lot
or parcel is not changed for purposes of subsection (4)(a)(B) or
(5)(a)(B) of this section; and
(b) The remainder of the original lot or parcel may be divided
again under subsection (4)(a) or (5)(a) of this section to create
one additional new parcel for a single-family dwelling not
provided in conjunction with farm use. + }
{ - (6) - } { + (7) + } This section does not apply to the
creation or sale of cemetery lots, if a cemetery is within the
boundaries designated for a farm use zone at the time the zone is
established.
{ - (7) - } { + (8) + } This section does not apply to
divisions of land resulting from lien foreclosures or divisions
of land resulting from foreclosure of recorded contracts for the
sale of real property.
{ - (8) - } { + (9) + } The governing body of a county may
not approve any proposed division of a lot or parcel described in
ORS 215.213 (1)(e) or (k), 215.283 (1)(e) or (2)(L) or 215.284
(1), or a proposed division that separates a processing facility
from the farm operation specified in ORS 215.213 (1)(x) or
215.283 (1)(u).
{ - (9) - } { + (10) + } The governing body of a county may
approve a proposed division of land in an exclusive farm use zone
to create a parcel with an existing dwelling to be used:
(a) As a residential home as described in ORS 197.660 (2) only
if the dwelling has been approved under ORS 215.213 (3) or
215.284 (1), (2), (3), (4) or (7); and
(b) For historic property that meets the requirements of ORS
215.213 (1)(q) and 215.283 (1)(o).
{ - (10)(a) - } { + (11)(a) + } Notwithstanding ORS
215.780, the governing body of a county or its designee may
approve a proposed division of land provided:
(A) The land division is for the purpose of allowing a provider
of public parks or open space, or a not-for-profit land
conservation organization, to purchase at least one of the
resulting parcels; and
(B) A parcel created by the land division that contains a
dwelling is large enough to support continued residential use of
the parcel.
(b) A parcel created pursuant to this subsection that does not
contain a dwelling:
(A) Is not eligible for siting a dwelling, except as may be
authorized under ORS 195.120;
(B) May not be considered in approving or denying an
application for siting any other dwelling;
(C) May not be considered in approving a redesignation or
rezoning of forestlands except for a redesignation or rezoning to
allow a public park, open space or other natural resource use;
and
(D) May not be smaller than 25 acres unless the purpose of the
land division is:
(i) To facilitate the creation of a wildlife or pedestrian
corridor or the implementation of a wildlife habitat protection
plan; or
(ii) To allow a transaction in which at least one party is a
public park or open space provider, or a not-for-profit land
conservation organization, that has cumulative ownership of at
least 2,000 acres of open space or park property.
{ - (11) - } { + (12) + } The governing body of a county or
its designee may approve a division of land smaller than the
minimum lot or parcel size described in ORS 215.780 (1) and (2)
in an exclusive farm use zone provided:
(a) The division is for the purpose of establishing a church,
including cemeteries in conjunction with the church;
(b) The church has been approved under ORS 215.213 (1) or
215.283 (1);
(c) The newly created lot or parcel is not larger than five
acres; and
(d) The remaining lot or parcel, not including the church,
meets the minimum lot or parcel size described in ORS 215.780 (1)
and (2) either by itself or after it is consolidated with another
lot or parcel.
{ - (12) - } { + (13) + } The governing body of a county
may not approve a division of land for nonfarm use under
subsection (3), (4), (5),
{ - (9), (10) or (11) - } { + (10), (11) or (12) + } of this
section unless any additional tax imposed for the change in use
has been paid.
{ - (13) - } { + (14) + } Parcels used or to be used for
training or stabling facilities may not be considered appropriate
to maintain the existing commercial agricultural enterprise in an
area where other types of agriculture occur.
SECTION 2. ORS 197.665 is amended to read:
197.665. (1) Residential homes shall be a permitted use in:
(a) Any residential zone, including a residential zone which
allows a single-family dwelling; and
(b) Any commercial zone which allows a single-family dwelling.
(2) A city or county may not impose any zoning requirement on
the establishment and maintenance of a residential home in a zone
described in subsection (1) of this section that is more
restrictive than a zoning requirement imposed on a single-family
dwelling in the same zone.
(3) A city or county may:
(a) Allow a residential home in an existing dwelling in any
area zoned for farm use, including an exclusive farm use zone
established under ORS 215.203;
(b) Impose zoning requirements on the establishment of a
residential home in areas described in paragraph (a) of this
subsection, provided that these requirements are no more
restrictive than those imposed on other nonfarm single-family
dwellings in the same zone; and
(c) Allow a division of land for a residential home in an
exclusive farm use zone only as described in ORS 215.263
{ - (9) - } { + (10) + }.
SECTION 3. ORS 215.265 is amended to read:
215.265. In approving a land division under ORS 215.263
{ - (10) - } { + (11) + }, the governing body of a county or
its designee shall require as a condition of approval that the
owner of any parcel not containing a dwelling sign and record in
the deed records for the county where the parcel is located an
irrevocable deed restriction prohibiting the owner and the
owner's successors in interest from pursuing a cause of action or
claim of relief alleging an injury from farming or forest
practices for which no claim or action is allowed under ORS
30.936 or 30.937.
SECTION 4. ORS 657A.440 is amended to read:
657A.440. (1) A registered child care facility or certified
group child care home shall be considered a residential use of
property for zoning purposes. The registered child care facility
or certified group child care home shall be a permitted use in
all areas zoned for residential or commercial purposes, including
areas zoned for single-family dwellings. { - No city or county
shall - } { + A city or county may not + } enact or enforce
zoning ordinances prohibiting the use of a residential dwelling,
located in an area zoned for residential or commercial use, as a
registered child care facility or certified group child care
home.
(2) A city or county may impose zoning conditions on the
establishment and maintenance of a registered child care facility
or certified group child care home in an area zoned for
residential or commercial use, provided that such conditions are
no more restrictive than conditions imposed on other residential
dwellings in the same zone.
(3) A county may:
(a) Allow a registered child care facility or certified group
child care home in an existing dwelling in any area zoned for
farm use, including an exclusive farm use zone established under
ORS 215.203;
(b) Impose reasonable conditions on the establishment of a
registered child care facility or certified group child care home
in an area zoned for farm use; and
(c) Allow a division of land for a registered child care
facility or certified group child care home in an exclusive farm
use zone only as provided in ORS 215.263 { - (9) - } { +
(10) + }.
(4) This section applies only to any registered child care
facility or certified group child care home where child care is
offered in the home of the provider to fewer than 13 children,
including children of the provider, regardless of full-time or
part-time status.
SECTION 5. { + The amendments to ORS 215.263 by section 1 of
this 2003 Act apply to a lot or parcel divided under ORS 215.263
(4)(a) or (5)(a) on or after January 1, 2002. + }
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