75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2744
 
                         House Bill 3174
 
Sponsored by Representative GILLIAM; Representatives CAMERON,
  ESQUIVEL, GARRARD, KRIEGER, THATCHER, WHISNANT
 
 
                             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.
 
  Decreases minimum vineyard acreage requirement for low-volume
winery located in exclusive farm use zone.
 
                        A BILL FOR AN ACT
Relating to winery vineyard acreage requirements; amending ORS
  215.452.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 - }  { +
five + } acres;
  (B) Owns a contiguous vineyard of at least   { - 15 - }  { +
five + } acres;
  (C) Has a long-term contract for the purchase of all of the
grapes from at least   { - 15 - }  { +  five + } acres of a
vineyard contiguous to the winery; or
  (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph; or
  (b) At least 50,000 gallons and no more than 100,000 gallons
and that:
  (A) Owns an on-site vineyard of at least 40 acres;
  (B) Owns a contiguous vineyard of at least 40 acres;
  (C) Has a long-term contract for the purchase of all of the
grapes from at least 40 acres of a vineyard contiguous to the
winery; or
  (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph.
  (2) The winery described in subsection (1)(a) or (b) of this
section shall allow only the sale of:
  (a) Wines produced in conjunction with the winery; and
  (b) Items directly related to wine, the sales of which are
incidental to retail sale of wine on-site  { - . Such items
include those - }  { + , including items + } 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 floodplains, 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.
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