Chapter 215 — County
Planning; Zoning; Housing Codes
2011 EDITION
COUNTY PLANNING; ZONING; HOUSING CODES
COUNTIES AND COUNTY OFFICERS
COUNTY PLANNING
215.010 Definitions
215.020 Authority
to establish county planning commissions
215.030 Membership
of planning commission
215.042 Planning
director
215.044 Solar
access ordinances; purpose; standards
215.047 Effect
of comprehensive plan and land use regulations on solar access ordinances
215.050 Comprehensive
planning, zoning and subdivision ordinances; copies available
215.060 Procedure
for action on plan; notice; hearing
215.080 Power
to enter upon land
215.090 Information
made available to commission
215.100 Cooperation
with other agencies
215.110 Recommendations
for implementation of comprehensive plan; enactment of ordinances; referral;
retroactivity
215.130 Application
of ordinances and comprehensive plan; alteration of nonconforming use
215.135 Expansion
of nonconforming school use in exclusive farm use zone
215.170 Authority
of cities in unincorporated area
215.185 Remedies
for unlawful structures or land use
215.190 Violation
of ordinances or regulations
AGRICULTURAL LAND USE
(Exclusive Farm Use Zones)
215.203 Zoning
ordinances establishing exclusive farm use zones; definitions
215.209 Department
of Land Conservation and Development database; rural land maps; contents
215.211 Agricultural
land; detailed soils assessment
215.212 Soils
Assessment Fund; purposes
215.213 Uses
permitted in exclusive farm use zones in counties that adopted marginal lands
system prior to 1993; rules
215.215 Reestablishment
of nonfarm use
215.218 Certain
private hunting preserves not subject to land use approval; complaint
procedures
215.223 Procedure
for adopting zoning ordinances; notice
215.233 Validity
of ordinances and development patterns adopted before September 2, 1963
215.236 Nonfarm
dwelling in exclusive farm use zone; qualification for special assessment
215.237 Events
or activities conducted by winery in exclusive farm use zone
215.238 Attorney
fees in action for nuisance or trespass relating to agri-tourism
event or activity
215.239 Siting of agri-tourism event or
activity
215.243 Agricultural
land use policy
215.246 Approval
of land application of certain substances; subsequent use of tract of land;
consideration of alternatives
215.247 Transport
of biosolids to tract of land for application
215.249 Division
of land for application of biosolids
215.251 Relationship
to other farm uses
215.253 Restrictive
local ordinances affecting farm use zones prohibited; exception
215.262 Legislative
findings related to nonfarm dwellings
215.263 Land
divisions in exclusive farm use zones; criteria for approval; rules
215.265 Land
divisions; limiting certain causes of action
215.273 Applicability
to thermal energy power plant siting determinations
215.275 Utility
facilities necessary for public service; criteria; rules; mitigating impact of
facility
215.276 Required
consultation for transmission lines to be located on high-value farmland
215.277 Farmworker housing; compliance with agricultural land use
policy required
215.278 Accessory
dwellings for farmworkers; rules
215.279 Farm
income standard for dwelling in conjunction with farm use
215.281 Legislative
findings related to dwellings in conjunction with commercial dairy farm
215.282 Dwellings
in conjunction with commercial dairy farm; rules
215.283 Uses
permitted in exclusive farm use zones in nonmarginal
lands counties; rules
215.284 Dwelling
not in conjunction with farm use; existing lots or parcels; new lots or parcels
215.293 Dwelling
in exclusive farm use or forest zone; condition; declaration; recordation
215.294 Railroad
facilities handling materials regulated under ORS chapter 459 or 466
215.296 Standards
for approval of certain uses in exclusive farm use zones; violation of
standards; complaint; penalties; exceptions to standards
215.297 Verifying
continuity for approval of certain uses in exclusive farm use zones
215.298 Mining
in exclusive farm use zone; land use permit
215.301 Blending
materials for cement prohibited near vineyards; exception
215.304 Rule
adoption; limitations
215.306 Conducting
filming activities in exclusive farm use zones
(Temporary provisions relating to guest
ranches are compiled as notes following ORS 215.306)
215.311 Log
truck parking in exclusive farm use zones; dump truck parking in forest zones
or mixed farm and forest zones
(Marginal Lands)
215.316 Termination
of adoption of marginal lands
215.317 Permitted
uses on marginal land
215.327 Divisions
of marginal land
PLANNING AND ZONING HEARINGS AND REVIEW
215.402 Definitions
for ORS 215.402 to 215.438 and 215.700 to 215.780
215.406 Planning
and zoning hearings officers; duties and powers;
authority of governing body or planning commission to conduct hearings
215.412 Adoption
of hearing procedure and rules
215.416 Permit
application; fees; consolidated procedures; hearings; notice; approval
criteria; decision without hearing
215.417 Time
to act under certain approved permits; extension
215.418 Approval
of development on wetlands; notice
215.422 Review
of decision of hearings officer or other authority; notice of appeal; fees;
appeal of final decision
215.425 Review
of decision relating to aggregate resources
215.427 Final
action on permit or zone change application; refund of application fees
215.429 Mandamus
proceeding when county fails to take final action on land use application
within specified time; jurisdiction; notice; peremptory writ
215.431 Plan
amendments; hearings by planning commission or hearings officer; exceptions
215.433 Supplemental
application for remaining permitted uses following denial of initial
application
215.435 Deadline
for final action by county on remand of land use decision; exception
215.437 Mandamus
proceeding when county fails to take final action within specified time on
remand of land use decision
PERMITTED USES IN ZONES
215.438 Transmission
towers; location; conditions
215.439 Solar
energy systems in residential or commercial zones
215.441 Use
of real property for religious activity; county regulation of real property
used for religious activity
215.448 Home
occupations; parking; where allowed; conditions
215.452 Winery;
conditions; permissible products and services; local government findings and
criteria
215.453 Large
winery; conditions; products and services; local government findings and
criteria
215.455 Effect
of approval of winery on land use laws
215.457 Youth
camps allowed in forest zones and mixed farm and forest zones
215.459 Private
campground in forest zones and mixed farm and forest zones; yurts; rules
NOTICE TO PROPERTY OWNERS
215.503 Legislative
act by ordinance; mailed notice to individual property owners required by
county for land use actions
215.513 Forwarding
of notice to property purchaser
COUNTY CONSTRUCTION CODES
215.605 Counties
authorized to adopt housing codes
215.606 Standards
for clustered mailboxes in county roads and rights-of-way
215.615 Application
and contents of housing ordinances
FARMLAND AND FORESTLAND ZONES
(Lot or Parcel of Record Dwellings)
215.700 Resource
land dwelling policy
215.705 Dwellings
in farm or forest zone; criteria; transferability of application
215.710 High-value
farmland description for ORS 215.705
215.720 Criteria
for forestland dwelling under ORS 215.705
215.730 Additional
criteria for forestland dwellings under ORS 215.720
(Other Forestland Dwellings)
215.740 Large
tract forestland dwelling; criteria; rules
215.750 Alternative
forestland dwellings; criteria
215.755 Other
forestland dwellings; criteria
(Lot or Parcel Sizes)
215.780 Minimum
lot or parcel sizes; land division to establish a dwelling; recordation
215.783 Land
division to preserve open space or park; qualification for special assessment
(Review of Lands Zoned for Farm and
Forest Use)
215.788 Legislative
review of lands zoned for farm and forest use; criteria
215.791 Review
of nonresource lands for ecological significance;
inventory and protection of ecologically significant nonresource
lands; criteria
215.794 Review
of county rezoning designations; rules
WILDLIFE HABITAT CONSERVATION PLANNING
215.799 Location
of dwellings on wildlife habitat land
COUNTY PLANNING
215.010 Definitions.
As used in this chapter:
(1)
The terms defined in ORS 92.010 shall have the meanings given therein, except
that “parcel”:
(a)
Includes a unit of land created:
(A)
By partitioning land as defined in ORS 92.010;
(B)
In compliance with all applicable planning, zoning and partitioning ordinances
and regulations; or
(C)
By deed or land sales contract, if there were no applicable planning, zoning or
partitioning ordinances or regulations.
(b)
Does not include a unit of land created solely to establish a separate tax
account.
(2)
“Tract” means one or more contiguous lots or parcels under the same ownership.
(3)
The terms defined in ORS chapter 197 shall have the meanings given therein.
(4)
“Farm use” has the meaning given that term in ORS 215.203.
(5)
“The Willamette Valley” is Clackamas, Linn, Marion, Multnomah, Polk, Washington
and Yamhill Counties and the portion of Benton and Lane Counties lying east of
the summit of the Coast Range. [Amended by 1955 c.756 §25; 1963 c.619 §1 (1);
1985 c.717 §4; 1993 c.792 §8; 1999 c.327 §1]
215.020 Authority to establish county planning
commissions. (1) The governing body of any county
may create and provide for the organization and operations of one or more
county planning commissions.
(2)
This section shall be liberally construed and shall include the authority to
create more than one planning commission, or subcommittee of a commission, for
a county or the use of a joint planning commission or other intergovernmental
agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973
c.552 §1; 1975 c.767 §15]
215.030 Membership of planning commission.
(1) The county planning commission shall consist of five, seven or nine members
appointed by the governing body for four-year terms, or until their respective
successors are appointed and qualified; provided that in the first instance the
terms of the initial members shall be staggered for one, two, three and four
years.
(2)
A commission member may be removed by the governing body, after hearing, for
misconduct or nonperformance of duty.
(3)
Any vacancy on the commission shall be filled by the governing body for the
unexpired term.
(4)
Members of the commission shall serve without compensation other than
reimbursement for duly authorized expenses.
(5)
Members of a commission shall be residents of the various geographic areas of
the county. No more than two voting members shall be engaged principally in the
buying, selling or developing of real estate for profit, as individuals, or be
members of any partnership or officers or employees of any corporation that is
engaged principally in the buying, selling or developing of real estate for
profit. No more than two voting members shall be engaged in the same kind of
occupation, business, trade or profession.
(6)
The governing body may designate one or more officers of the county to be
nonvoting members of the commission.
(7)
Except for subsection (5) of this section, the governing body may provide by
ordinance for alternative rules to those specified in this section. [Amended by
1963 c.619 §2; 1973 c.552 §2; 1977 c.766 §1]
215.035 [1973
c.552 §10; renumbered 244.135 in 1993]
215.040
[Amended by 1973 c.552 §3; repealed by 1977 c.766 §16]
215.042 Planning director.
(1) The governing body of each county shall designate an individual to serve as
planning director for the county responsible for administration of planning.
The governing body shall provide employees as necessary to assist the director
in carrying out responsibilities. The director shall be the chief
administrative officer in charge of the planning department of the county, if
one is created.
(2)
The director shall provide assistance, as requested, to the planning commission
and shall coordinate the functions of the commission with other departments,
agencies and officers of the county that are engaged in functions related to
planning for the use of lands within the county.
(3)
The director shall serve at the pleasure of the governing body of the county. [1973
c.552 §9]
215.044 Solar access ordinances; purpose;
standards. (1) County governing bodies may adopt and
implement solar access ordinances. The ordinances shall provide and protect to
the extent feasible solar access to the south face of buildings during solar
heating hours, taking into account latitude, topography, microclimate, existing
development, existing vegetation and planned uses and densities. The county
governing body shall consider for inclusion in any solar access ordinance, but
not be limited to, standards for:
(a)
The orientation of new streets, lots and parcels;
(b)
The placement, height, bulk and orientation of new buildings;
(c)
The type and placement of new trees on public street rights of way and other
public property; and
(d)
Planned uses and densities to conserve energy, facilitate the use of solar
energy, or both.
(2)
The State Department of Energy shall actively encourage and assist county
governing bodies’ efforts to protect and provide for solar access.
(3)
As used in this section, “solar heating hours” means those hours between three
hours before and three hours after the sun is at its highest point above the
horizon on December 21. [1981 c.722 §2]
215.046 [1973
c.552 §11; repealed by 1977 c.766 §16]
215.047 Effect of comprehensive plan and
land use regulations on solar access ordinances.
Solar access ordinances shall not be in conflict with acknowledged
comprehensive plans and land use regulations. [1981 c.722 §3]
215.050 Comprehensive planning, zoning and
subdivision ordinances; copies available. (1)
Except as provided in ORS 527.722, the county governing body shall adopt and
may from time to time revise a comprehensive plan and zoning, subdivision and
other ordinances applicable to all of the land in the county. The plan and
related ordinances may be adopted and revised part by part or by geographic
area.
(2)
Zoning, subdivision or other ordinances or regulations and any revisions or
amendments thereof shall be designed to implement the adopted county
comprehensive plan.
(3)
A county shall maintain copies of its comprehensive plan and land use
regulations, as defined in ORS 197.015, for sale to the public at a charge not
to exceed the cost of copying and assembling the material. [Amended by 1955
c.439 §2; 1963 c.619 §3; 1973 c.552 §4; 1977 c.766 §2; 1981 c.748 §41; 1987
c.919 §5; 1991 c.363 §1]
215.055 [1955
c.439 §3; 1963 c.619 §4; 1971 c.13 §2; 1971 c.739 §1; 1973 c.80 §43; 1975 c.153
§1; repealed by 1977 c.766 §16]
215.060 Procedure for action on plan;
notice; hearing. Action by the governing body of
a county regarding the plan shall have no legal effect unless the governing
body first conducts one or more public hearings on the plan and unless 10 days’
advance public notice of each of the hearings is published in a newspaper of
general circulation in the county or, in case the plan as it is to be heard
concerns only part of the county, is so published in the territory so concerned
and unless a majority of the members of the governing body approves the action.
The notice provisions of this section shall not restrict the giving of notice
by other means, including mail, radio and television. [Amended by 1963 c.619 §5;
1967 c.589 §1; 1973 c.552 §6]
215.070
[Repealed by 1963 c.619 §16]
215.080 Power to enter upon land.
The commission, and any of its members, officers and employees, in the
performance of their functions, may enter upon any land and make examinations
and surveys and place and maintain the necessary monuments and markers thereon.
215.090 Information made available to
commission. Public officials, departments and
agencies, having information, maps or other data deemed by the planning
commission pertinent to county planning shall make such information available
for the use of the commission. [Amended by 1977 c.766 §3]
215.100 Cooperation with other agencies.
The county planning commission shall advise and cooperate with other planning
commissions within the state, and shall upon request, or on its own initiative,
furnish advice or reports to any city, county, officer or department on any
problem comprehended in county planning.
215.104 [1955
c.439 §4; 1963 c.619 §6; 1967 c.589 §2; 1973 c.552 §7; repealed by 1977 c.766 §16]
215.108 [1955
c.439 §5; 1961 c.607 §1; repealed by 1963 c.619 §16]
215.110 Recommendations for implementation
of comprehensive plan; enactment of ordinances; referral; retroactivity.
(1) A planning commission may recommend to the governing body ordinances
intended to implement part or all of the comprehensive plan. The ordinances may
provide, among other things, for:
(a)
Zoning;
(b)
Official maps showing the location and dimensions of, and the degree of
permitted access to, existing and proposed thoroughfares, easements and
property needed for public purposes;
(c)
Preservation of the integrity of the maps by controls over construction, by
making official maps parts of county deed records, and by other action not violative of private property rights;
(d)
Conservation of the natural resources of the county;
(e)
Controlling subdivision and partitioning of land;
(f)
Renaming public thoroughfares;
(g)
Protecting and assuring access to incident solar energy;
(h)
Protecting and assuring access to wind for potential electrical generation or
mechanical application; and
(i) Numbering property.
(2)
The governing body may enact, amend or repeal ordinances to assist in carrying
out a comprehensive plan. If an ordinance is recommended by a planning
commission, the governing body may make any amendments to the recommendation
required in the public interest. If an ordinance is initiated by the governing
body, it shall, prior to enactment, request a report and recommendation
regarding the ordinance from the planning commission, if one exists, and allow
a reasonable time for submission of the report and recommendation.
(3)
The governing body may refer to the electors of the county for their approval
or rejection an ordinance or amendments thereto for which this section
provides. If only a part of the county is affected, the ordinance or amendment
may be referred to that part only.
(4)
An ordinance enacted by authority of this section may prescribe fees and appeal
procedures necessary or convenient for carrying out the purposes of the
ordinance.
(5)
An ordinance enacted by authority of this section may prescribe limitations
designed to encourage and protect the installation and use of solar and wind
energy systems.
(6)
No retroactive ordinance shall be enacted under the provisions of this section.
[Amended by 1963 c.619 §7; 1973 c.696 §22; 1975 c.153 §2; 1977 c.766 §4; 1979
c.671 §2; 1981 c.590 §7]
215.120
[Amended by 1957 c.568 §2; repealed by 1963 c.619 §16]
215.124 [1955
c.683 §§2, 4; 1957 c.568 §3; repealed by 1959 c.387 §1]
215.126 [1955
c.683 §3; 1957 c.568 §1; 1959 c.387 §2; repealed by 1963 c.619 §16]
215.130 Application of ordinances and
comprehensive plan; alteration of nonconforming use.
(1) Any legislative ordinance relating to land use planning or zoning shall be
a local law within the meaning of, and subject to, ORS 250.155 to 250.235.
(2)
An ordinance designed to carry out a county comprehensive plan and a county
comprehensive plan shall apply to:
(a)
The area within the county also within the boundaries of a city as a result of
extending the boundaries of the city or creating a new city unless, or until
the city has by ordinance or other provision provided otherwise; and
(b)
The area within the county also within the boundaries of a city if the
governing body of such city adopts an ordinance declaring the area within its
boundaries subject to the county’s land use planning and regulatory ordinances,
officers and procedures and the county governing body consents to the conferral
of jurisdiction.
(3)
An area within the jurisdiction of city land use planning and regulatory
provisions that is withdrawn from the city or an area within a city that disincorporates shall remain subject to such plans and
regulations which shall be administered by the county until the county provides
otherwise.
(4)
County ordinances designed to implement a county comprehensive plan shall apply
to publicly owned property.
(5)
The lawful use of any building, structure or land at the time of the enactment
or amendment of any zoning ordinance or regulation may be continued. Alteration
of any such use may be permitted subject to subsection (9) of this section.
Alteration of any such use shall be permitted when necessary to comply with any
lawful requirement for alteration in the use. Except as provided in ORS
215.215, a county shall not place conditions upon the continuation or
alteration of a use described under this subsection when necessary to comply with
state or local health or safety requirements, or to maintain in good repair the
existing structures associated with the use. A change of ownership or occupancy
shall be permitted.
(6)
Restoration or replacement of any use described in subsection (5) of this
section may be permitted when the restoration is made necessary by fire, other
casualty or natural disaster. Restoration or replacement shall be commenced
within one year from the occurrence of the fire, casualty or natural disaster.
If restoration or replacement is necessary under this subsection, restoration
or replacement shall be done in compliance with ORS 195.260 (1)(c).
(7)(a)
Any use described in subsection (5) of this section may not be resumed after a
period of interruption or abandonment unless the resumed use conforms with the
requirements of zoning ordinances or regulations applicable at the time of the
proposed resumption.
(b)
Notwithstanding any local ordinance, a surface mining use continued under
subsection (5) of this section shall not be deemed to be interrupted or
abandoned for any period after July 1, 1972, provided:
(A)
The owner or operator was issued and continuously renewed a state or local
surface mining permit, or received and maintained a state or local exemption
from surface mining regulation; and
(B)
The surface mining use was not inactive for a period of 12 consecutive years or
more.
(c)
For purposes of this subsection, “inactive” means no aggregate materials were
excavated, crushed, removed, stockpiled or sold by the owner or operator of the
surface mine.
(8)
Any proposal for the verification or alteration of a use under subsection (5)
of this section, except an alteration necessary to comply with a lawful
requirement, for the restoration or replacement of a use under subsection (6)
of this section or for the resumption of a use under subsection (7) of this
section shall be subject to the provisions of ORS 215.416. An initial decision
by the county or its designate on a proposal for the alteration of a use
described in subsection (5) of this section shall be made as an administrative
decision without public hearing in the manner provided in ORS 215.416 (11).
(9)
As used in this section, “alteration” of a nonconforming use includes:
(a)
A change in the use of no greater adverse impact to the neighborhood; and
(b)
A change in the structure or physical improvements of no greater adverse impact
to the neighborhood.
(10)
A local government may adopt standards and procedures to implement the
provisions of this section. The standards and procedures may include but are
not limited to the following:
(a)
For purposes of verifying a use under subsection (5) of this section, a county
may adopt procedures that allow an applicant for verification to prove the
existence, continuity, nature and extent of the use only for the 10-year period
immediately preceding the date of application. Evidence proving the existence,
continuity, nature and extent of the use for the 10-year period preceding
application creates a rebuttable presumption that the use, as proven, lawfully
existed at the time the applicable zoning ordinance or regulation was adopted
and has continued uninterrupted until the date of application;
(b)
Establishing criteria to determine when a use has been interrupted or abandoned
under subsection (7) of this section; or
(c)
Conditioning approval of the alteration of a use in a manner calculated to
ensure mitigation of adverse impacts as described in subsection (9) of this
section.
(11)
For purposes of verifying a use under subsection (5) of this section, a county
may not require an applicant for verification to prove the existence,
continuity, nature and extent of the use for a period exceeding 20 years
immediately preceding the date of application. [Amended by 1961 c.607 §2; 1963
c.577 §4; 1963 c.619 §9; 1969 c.460 §1; 1973 c.503 §2; 1977 c.766 §5; 1979
c.190 §406; 1979 c.610 §1; 1993 c.792 §52; 1997 c.394 §1; 1999 c.353 §1; 1999
c.458 §1; 1999 c.1103 §10]
215.135 Expansion of nonconforming school
use in exclusive farm use zone. (1) In
addition to and not in lieu of the authority in ORS 215.130 to continue, alter,
restore or replace a use that has been disallowed by the enactment or amendment
of a zoning ordinance or regulation, a use formerly allowed pursuant to ORS
215.213 (1)(a) or 215.283 (1)(a), as in effect before January 1, 2010, may be
expanded subject to:
(a)
The requirements of subsection (2) of this section; and
(b)
Conditional approval of the county in the manner provided in ORS 215.296.
(2)
A nonconforming use described in subsection (1) of this section may be expanded
under this section if:
(a)
The use was established on or before January 1, 2009; and
(b)
The expansion occurs on:
(A)
The tax lot on which the use was established on or before January 1, 2009; or
(B)
A tax lot that is contiguous to the tax lot described in subparagraph (A) of
this paragraph and that was owned by the applicant on January 1, 2009. [2009
c.850 §14]
Note:
215.135 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 215 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
215.140
[Repealed by 1963 c.619 §16]
215.150
[Amended by 1955 c.439 §8; repealed by 1963 c.619 §16]
215.160
[Repealed by 1963 c.619 §16]
215.170 Authority of cities in
unincorporated area. The powers of an incorporated
city to control subdivision and other partitioning of land and to rename
thoroughfares in adjacent unincorporated areas shall continue unimpaired by ORS
215.010 to 215.190 and 215.402 to 215.438 until the county governing body that
has jurisdiction over the area adopts regulations for controlling subdivision
there. Any part of the area subject to the county regulations shall cease to be
subject to the two powers of the city, unless otherwise provided in an urban
growth area management agreement jointly adopted by a city and county to
establish procedures for regulating land use outside the city limits and within
an urban growth boundary acknowledged under ORS 197.251. [Amended by 1963 c.619
§10; 1983 c.570 §4]
215.180 [1955
c.439 §6; 1963 c.619 §11; repealed by 1977 c.766 §16]
215.185 Remedies for unlawful structures
or land use. (1) In case a building or other
structure is, or is proposed to be, located, constructed, maintained, repaired,
altered, or used, or any land is, or is proposed to be, used, in violation of
an ordinance or regulation designed to implement a comprehensive plan, the
governing body of the county or a person whose interest in real property in the
county is or may be affected by the violation, may, in addition to other
remedies provided by law, institute injunction, mandamus, abatement, or other
appropriate proceedings to prevent, temporarily or permanently enjoin, abate,
or remove the unlawful location, construction, maintenance, repair, alteration,
or use. When a temporary restraining order is granted in a suit instituted by a
person who is not exempt from furnishing bonds or undertakings under ORS
22.010, the person shall furnish undertaking as provided in ORCP 82 A(1).
(2)
The court may allow the prevailing party reasonable attorney fees and expenses
in a judicial proceeding authorized by this section that involves a dwelling
approved to relieve a temporary hardship. However, if the court allows the
plaintiff reasonable attorney fees or expenses, such fees or expenses shall not
be charged to the county if the county did not actively defend itself or the
landowner in the proceeding.
(3)
Nothing in this section requires the governing body of a county or a person
whose interest in real property in the county is or may be affected to avail
itself of a remedy allowed by this section or by any other law. [1955 c.439 §7;
1963 c.619 §12; 1977 c.766 §6; 1981 c.898 §48; 1983 c.826 §5; 2001 c.225 §1]
215.190 Violation of ordinances or
regulations. No person shall locate, construct,
maintain, repair, alter, or use a building or other structure or use or
transfer land in violation of an ordinance or regulation authorized by ORS 215.010
to 215.190 and 215.402 to 215.438. [1955 c.439 §9; 1963 c.619 §13]
215.200 [1957 s.s. c.11 §1; renumbered 215.285]
AGRICULTURAL LAND USE
(Exclusive Farm Use Zones)
215.203 Zoning ordinances establishing
exclusive farm use zones; definitions. (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, “farm use” 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. “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,
bird and animal species that are under the jurisdiction of the State Fish and
Wildlife Commission, to the extent allowed by the rules adopted by the
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 (3)
or 321.824 (3).
(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)(u) and 215.283 (1)(r) and the processing of farm crops into biofuel as commercial activities in conjunction with farm
use under ORS 215.213 (2)(c) and 215.283 (2)(a);
(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 (3) or 321.824 (3);
(K)
Land used for the primary purpose of obtaining a profit in money by breeding,
raising, kenneling or training of greyhounds for racing; and
(L)
Land used for the processing of farm crops into biofuel,
as defined in ORS 315.141, if:
(i) Only the crops of the landowner are being processed;
(ii)
The biofuel from all of the crops purchased for
processing into biofuel is used on the farm of the
landowner; or
(iii)
The landowner is custom processing crops into biofuel
from other landowners in the area for their use or sale.
(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. [1963 c.577 §2; 1963 c.619 §1(2), (3); 1967 c.386 §1;
1973 c.503 §3; 1975 c.210 §1; 1977 c.766 §7; 1977 c.893 §17a; 1979 c.480 §1;
1981 c.804 §73; 1983 c.826 §18; 1985 c.604 §2; 1987 c.305 §4; 1989 c.653 §1;
1989 c.887 §7; 1991 c.459 §344; 1991 c.714 §4; 1993 c.704 §1; 1995 c.79 §75;
1995 c.211 §1; 1997 c.862 §1; 2001 c.613 §18; 2003 c.454 §117; 2003 c.621 §67a;
2005 c.354 §1; 2007 c.739 §34; 2009 c.850 §4]
215.205 [1957 s.s. c.11 §2; renumbered 215.295]
215.207 [1989
c.653 §2; repealed by 1999 c.314 §94]
215.209 Department of Land Conservation
and Development database; rural land maps; contents.
The Department of Land Conservation and Development shall develop, in conjunction
with local governments and other state agencies, a computerized database that
is capable of producing county-wide maps that show the diversity of Oregon’s
rural lands. The database shall include, at a minimum, information on soil
classifications, forest capabilities, irrigated lands, croplands, actual farm
use, and plan and zone designations. To create the database, the department
shall use the most current soils information from the United States Natural
Resources Conservation Service, or its successor agency, and may use any other
related information that is readily available. [1999 c.1014 §3]
Note:
215.209 was added to and made a part of ORS chapter 215 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
215.210
[Amended by 1955 c.652 §6; renumbered 215.305]
215.211 Agricultural land; detailed soils
assessment. (1) If a person concludes that more
detailed soils information than that contained in the Internet soil survey of
soil data and information produced by the National Cooperative Soil Survey
operated by the Natural Resources Conservation Service of the United States
Department of Agriculture would assist a county to make a better determination
of whether land qualifies as agricultural land, the person must request that
the Department of Land Conservation and Development arrange for an assessment
of the capability of the land by a professional soil classifier who is:
(a)
Certified by and in good standing with the Soil Science Society of America; and
(b)
Chosen by the person.
(2)
A soils assessment produced under this section is not a public record, as
defined in ORS 192.410, unless the person requesting the assessment utilizes
the assessment in a land use proceeding. If the person decides to utilize a
soils assessment produced under this section in a land use proceeding, the
person shall inform the Department of Land Conservation and Development and
consent to the release by the department of certified copies of all assessments
produced under this section regarding the land to the local government
conducting the land use proceeding. The department:
(a)
Shall review soils assessments prepared under this section.
(b)
May not disclose a soils assessment prior to its utilization in a land use
proceeding as described in this subsection without written consent of the
person paying the fee for the assessment.
(c)
Shall release to the local government conducting a land use proceeding all
soils assessments produced under this section regarding land to which the land
use proceeding applies.
(3)
Before arranging for a soils assessment under this section, the department
shall charge and collect from the person requesting the assessment a fee in an
amount intended to meet the costs of the department to assess the soils and
administer this section.
(4)
The department shall deposit fees collected under this section in the Soils
Assessment Fund established under ORS 215.212.
(5)
This section authorizes a person to obtain additional information for use in
the determination of whether land qualifies as agricultural land, but this
section does not otherwise affect the process by which a county determines
whether land qualifies as agricultural land. [2010 c.44 §1]
Note: 215.211
and 215.212 were enacted into law by the Legislative Assembly but were not
added to or made a part of ORS chapter 215 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
215.212 Soils Assessment Fund; purposes.
The Soils Assessment Fund is established in the State Treasury, separate and
distinct from the General Fund. Interest earned by the Soils Assessment Fund
shall be credited to the fund. Moneys in the fund are continuously appropriated
to the Department of Land Conservation and Development to meet the costs of the
department to assess soils under and to administer ORS 215.211. [2010 c.44 §2]
Note: See
note under 215.211.
215.213 Uses permitted in exclusive farm
use zones in counties that adopted marginal lands system prior to 1993; rules.
(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)
Churches and cemeteries in conjunction with churches.
(b)
The propagation or harvesting of a forest product.
(c)
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.
(d)
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. Notwithstanding ORS 92.010 to 92.192 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.
(e)
Nonresidential buildings customarily provided in conjunction with farm use.
(f)
Subject to ORS 215.279, primary or accessory dwellings customarily provided in
conjunction with farm use. For a primary dwelling, the dwelling must be on a
lot or parcel that is managed as part of a farm operation and is not smaller
than the minimum lot size in a farm zone with a minimum lot size acknowledged
under ORS 197.251.
(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 (2)(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 (2)(a) or (b).
(i) 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 (q) of this
subsection.
(j)
Climbing and passing lanes within the right of way existing as of July 1, 1987.
(k)
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.
(L)
Temporary public road and highway detours that will be abandoned and restored
to original condition or use at such time as no longer needed.
(m)
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.
(n)
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.
(o)
Creation, restoration or enhancement of wetlands.
(p)
A winery, as described in ORS 215.452 or 215.453.
(q)
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:
(i) 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; and
(ii)
For which the applicant has requested a deferred replacement permit, is removed
or demolished within three months after the deferred replacement permit is
issued. A deferred replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is not removed or
demolished within three months after the deferred replacement permit is issued,
the permit becomes void. The replacement dwelling must comply with applicable
building codes, plumbing codes, sanitation codes and other requirements
relating to health and safety or to siting at the
time of construction. A deferred replacement permit may not be transferred, by
sale or otherwise, except by the applicant to the spouse or a child of the
applicant.
(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)
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.
(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. An owner
of property used for the purpose authorized in this paragraph may charge a
person operating the use on the property rent for the property. An operator may
charge users of the property a fee that does not exceed the operator’s cost to
maintain the property, buildings and facilities. 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, or the production of biofuel as defined in ORS 315.141, that is 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 reservoirs, canals, delivery lines and those structures and
accessory operational facilities, not including parks or other recreational
structures and 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)
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 primary 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 primary 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, including the
processing of farm crops into biofuel not permitted
under ORS 215.203 (2)(b)(L) or subsection (1)(u) 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)(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.
(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 on land determined not to be high-value farmland as defined in ORS
195.300.
(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.
(L)
Residential homes as defined in ORS 197.660, in existing dwellings.
(m)
The propagation, cultivation, maintenance and harvesting of aquatic species
that are not under the jurisdiction of the State Fish and Wildlife Commission
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.
(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 that 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 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. As used in this
paragraph:
(A)
“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
(B)
“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.
(w)
An aerial fireworks display business that has been in continuous operation at
its current location within an exclusive farm use zone since December 31, 1986,
and possesses a wholesaler’s permit to sell or provide fireworks.
(x)
A landscape contracting business, as defined in ORS 671.520, or a business
providing landscape architecture services, as described in ORS 671.318, if the
business is pursued in conjunction with the growing and marketing of nursery
stock on the land that constitutes farm use.
(y)
Public or private schools for kindergarten through grade 12, including all
buildings essential to the operation of a school, primarily for residents of
the rural area in which the school is located.
(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.
(11)
The following agri-tourism and other commercial
events or activities that are related to and supportive of agriculture may be
established in any area zoned for exclusive farm use:
(a)
A county may authorize a single agri-tourism or other
commercial event or activity on a tract in a calendar year by an authorization
that is personal to the applicant and is not transferred by, or transferable
with, a conveyance of the tract, if the agri-tourism
or other commercial event or activity meets any local standards that apply and:
(A)
The agri-tourism or other commercial event or
activity is incidental and subordinate to existing farm use on the tract;
(B)
The duration of the agri-tourism or other commercial
event or activity does not exceed 72 consecutive hours;
(C)
The maximum attendance at the agri-tourism or other
commercial event or activity does not exceed 500 people;
(D)
The maximum number of motor vehicles parked at the site of the agri-tourism or other commercial event or activity does not
exceed 250 vehicles;
(E)
The agri-tourism or other commercial event or
activity complies with ORS 215.296;
(F)
The agri-tourism or other commercial event or
activity occurs outdoors, in temporary structures, or in existing permitted
structures, subject to health and fire and life safety requirements; and
(G)
The agri-tourism or other commercial event or
activity complies with conditions established for:
(i) Planned hours of operation;
(ii)
Access, egress and parking;
(iii)
A traffic management plan that identifies the projected number of vehicles and
any anticipated use of public roads; and
(iv)
Sanitation and solid waste.
(b)
In the alternative to paragraphs (a) and (c) of this subsection, a county may
authorize, through an expedited, single-event license, a single agri-tourism or other commercial event or activity on a
tract in a calendar year by an expedited, single-event license that is personal
to the applicant and is not transferred by, or transferable with, a conveyance
of the tract. A decision concerning an expedited, single-event license is not a
land use decision, as defined in ORS 197.015. To approve an expedited,
single-event license, the governing body of a county or its designee must
determine that the proposed agri-tourism or other
commercial event or activity meets any local standards that apply, and the agri-tourism or other commercial event or activity:
(A)
Must be incidental and subordinate to existing farm use on the tract;
(B)
May not begin before 6 a.m. or end after 10 p.m.;
(C)
May not involve more than 100 attendees or 50 vehicles;
(D)
May not include the artificial amplification of music or voices before 8 a.m.
or after 8 p.m.;
(E)
May not require or involve the construction or use of a new permanent structure
in connection with the agri-tourism or other
commercial event or activity;
(F)
Must be located on a tract of at least 10 acres unless the owners or residents
of adjoining properties consent, in writing, to the location; and
(G)
Must comply with applicable health and fire and life safety requirements.
(c)
In the alternative to paragraphs (a) and (b) of this subsection, a county may
authorize up to six agri-tourism or other commercial
events or activities on a tract in a calendar year by a limited use permit that
is personal to the applicant and is not transferred by, or transferable with, a
conveyance of the tract. The agri-tourism or other
commercial events or activities must meet any local standards that apply, and
the agri-tourism or other commercial events or
activities:
(A)
Must be incidental and subordinate to existing farm use on the tract;
(B)
May not, individually, exceed a duration of 72 consecutive hours;
(C)
May not require that a new permanent structure be built, used or occupied in
connection with the agri-tourism or other commercial
events or activities;
(D)
Must comply with ORS 215.296;
(E)
May not, in combination with other agri-tourism or
other commercial events or activities authorized in the area, materially alter
the stability of the land use pattern in the area; and
(F)
Must comply with conditions established for:
(i) The types of agri-tourism or
other commercial events or activities that are authorized during each calendar
year, including the number and duration of the agri-tourism
or other commercial events and activities, the anticipated daily attendance and
the hours of operation;
(ii)
The location of existing structures and the location of proposed temporary
structures to be used in connection with the agri-tourism
or other commercial events or activities;
(iii)
The location of access and egress and parking facilities to be used in
connection with the agri-tourism or other commercial
events or activities;
(iv)
Traffic management, including the projected number of vehicles and any
anticipated use of public roads; and
(v)
Sanitation and solid waste.
(d)
In addition to paragraphs (a) to (c) of this subsection, a county may authorize
agri-tourism or other commercial events or activities
that occur more frequently or for a longer period or that do not otherwise
comply with paragraphs (a) to (c) of this subsection if the agri-tourism
or other commercial events or activities comply with any local standards that
apply and the agri-tourism or other commercial events
or activities:
(A)
Are incidental and subordinate to existing commercial farm use of the tract and
are necessary to support the commercial farm uses or the commercial
agricultural enterprises in the area;
(B)
Comply with the requirements of paragraph (c)(C), (D), (E) and (F) of this
subsection;
(C)
Occur on a lot or parcel that complies with the acknowledged minimum lot or
parcel size; and
(D)
Do not exceed 18 events or activities in a calendar year.
(12)
A holder of a permit authorized by a county under subsection (11)(d) of this
section must request review of the permit at four-year intervals. Upon receipt
of a request for review, the county shall:
(a)
Provide public notice and an opportunity for public comment as part of the
review process; and
(b)
Limit its review to events and activities authorized by the permit, conformance
with conditions of approval required by the permit and the standards
established by subsection (11)(d) of this section.
(13)
For the purposes of subsection (11) of this section:
(a)
A county may authorize the use of temporary structures established in
connection with the agri-tourism or other commercial
events or activities authorized under subsection (11) of this section. However,
the temporary structures must be removed at the end of the agri-tourism
or other event or activity. The county may not approve an alteration to the
land in connection with an agri-tourism or other
commercial event or activity authorized under subsection (11) of this section,
including, but not limited to, grading, filling or paving.
(b)
The county may issue the limited use permits authorized by subsection (11)(c)
of this section for two calendar years. When considering an application for
renewal, the county shall ensure compliance with the provisions of subsection
(11)(c) of this section, any local standards that apply and conditions that
apply to the permit or to the agri-tourism or other
commercial events or activities authorized by the permit.
(c)
The authorizations provided by subsection (11) of this section are in addition
to other authorizations that may be provided by law, except that “outdoor mass
gathering” and “other gathering,” as those terms are used in ORS 197.015
(10)(d), do not include agri-tourism or other
commercial events and activities. [1963 c.577 §3; 1963 c.619 §1a; 1969 c.258 §1;
1973 c.503 §4; 1975 c.551 §1; 1975 c.552 §32; 1977 c.766 §8; 1977 c.788 §2;
1979 c.480 §6; 1979 c.773 §10; 1981 c.748 §44; 1983 c.743 §3; 1983 c.826 §6;
1983 c.827 §27b; 1985 c.544 §2; 1985 c.583 §1; 1985 c.604 §3; 1985 c.717 §5;
1985 c.811 §12; 1987 c.227 §1; 1987 c.729 §5; 1987 c.886 §9; 1989 c.224 §25;
1989 c.525 §1; 1989 c.564 §7; 1989 c.648 §59; 1989 c.739 §1; 1989 c.837 §26;
1989 c.861 §1; 1989 c.964 §10; 1991 c.459 §345; 1991 c.866 §1; 1991 c.950 §2;
1993 c.466 §1; 1993 c.469 §5; 1993 c.704 §2; 1993 c.792 §29a; 1995 c.435 §1;
1995 c.528 §1; 1997 c.249 §59; 1997 c.250 §1; 1997 c.276 §1; 1997 c.312 §1;
1997 c.318 §1; 1997 c.363 §1; 1997 c.862 §2; 1999 c.608 §1; 1999 c.640 §1; 1999
c.758 §1; 1999 c.816 §1; 1999 c.935 §20; 2001 c.149 §1; 2001 c.260 §§1,2; 2001
c.488 §1; 2001 c.613 §7; 2001 c.676 §1; 2001 c.757 §1; 2001 c.941 §1; 2003
c.247 §§1,2; 2005 c.22 §§161,162; 2005 c.150 §§1,2; 2005 c.354 §§2,3; 2005
c.609 §§24,25; 2005 c.693 §§1,2; 2007 c.71 §71; 2007 c.541 §1; 2007 c.739 §35;
2009 c.850 §1; 2011 c.459 §2; 2011 c.462 §1; 2011 c.567 §1; 2011 c.679 §7]
215.214 [1979
c.773 §11; 1983 c.743 §4; 1983 c.826 §10; 1985 c.565 §29; 1987 c.729 §5c;
repealed by 1993 c.792 §55]
215.215 Reestablishment of nonfarm use.
(1) Notwithstanding ORS 215.130 (6), if a nonfarm use exists in an exclusive
farm use zone and is unintentionally destroyed by fire, other casualty or
natural disaster, the county may allow by its zoning regulations such use to be
reestablished to its previous nature and extent, but the reestablishment shall
meet all other building, plumbing, sanitation and other codes, ordinances and
permit requirements.
(2)
Consistent with ORS 215.243, the county governing body may zone for the
appropriate nonfarm use one or more lots or parcels in the interior of an
exclusive farm use zone if the lots or parcels were physically developed for
the nonfarm use prior to the establishment of the exclusive farm use zone. [1977
c.664 §41; 1991 c.67 §49]
215.218 Certain private hunting preserves
not subject to land use approval; complaint procedures.
(1) A person who owns a private hunting preserve that was licensed under ORS
497.248 on or before July 28, 2003, and that has not been submitted to the
appropriate local governing body or its designee for land use approval may
continue to operate the hunting preserve without local land use approval. The
hunting preserve may include one sport clay station that existed on July 28,
2003, is used during the hunting season only for shooting practice in
conjunction with hunting and is subordinate to the use of the land as a hunting
preserve.
(2)
A person engaged in farm or forest practices on lands devoted to farm or forest
use may file a complaint with the local governing body or its designee,
alleging that the operation of the hunting preserve has:
(a)(A)
Forced a significant change in accepted farm or forest practices on surrounding
lands devoted to farm or forest use; or
(B)
Significantly increased the cost of accepted farm or forest practices on
surrounding lands devoted to farm or forest use; and
(b)
Adversely affected the complainant.
(3)
The local governing body or its designee shall process a complaint filed under
this section in the manner described in ORS 215.296 (4) to (7). [2003 c.616 §2]
Note:
215.218 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 215 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
215.220
[Repealed by 1963 c.619 §16]
215.223 Procedure for adopting zoning
ordinances; notice. (1) No zoning ordinance enacted
by the county governing body may have legal effect unless prior to its
enactment the governing body or the planning commission conducts one or more
public hearings on the ordinance and unless 10 days’ advance public notice of
each hearing is published in a newspaper of general circulation in the county
or, in case the ordinance applies to only a part of the county, is so published
in that part of the county.
(2)
The notice provisions of this section shall not restrict the giving of notice
by other means, including mail, radio and television.
(3)
In effecting a zone change the proceedings for which are commenced at the
request of a property owner, the governing body shall in addition to other
notice give individual notice of the request by mail to the record owners of
property within 250 feet of the property for which a zone change has been
requested. The failure of the property owner to receive the notice described
shall not invalidate any zone change.
(4)
Notice of a public hearing on a zone change pursuant to the application of a
property owner shall be provided to the owner of an airport, defined by the
Oregon Department of Aviation as a “public use airport” if:
(a)
The name and address of the airport owner has been provided by the Oregon
Department of Aviation to the county planning authority; and
(b)
The property subject to the zone change application is:
(A)
Within 5,000 feet of the side or end of a runway of an airport determined by
the Oregon Department of Aviation to be a “visual airport”; or
(B)
Within 10,000 feet of the side or end of the runway of an airport determined by
the Oregon Department of Aviation to be an “instrument airport.”
(5)
Notwithstanding the provisions of subsection (4) of this section, notice of a
zone change hearing need not be provided as set forth in subsection (4) of this
section if the zone change would only allow a structure less than 35 feet in
height and the property is located outside the runway “approach surface” as
defined by the Oregon Department of Aviation.
(6)
The failure of an airport owner to receive notice that was mailed shall not
invalidate any zone change.
(7)
Before enacting at the request of a property owner an ordinance that would
change the zone of property that includes all or part of a mobile home or
manufactured dwelling park as defined in ORS 446.003, the governing body shall
give written notice by first class mail to each existing mailing address for
tenants of the mobile home or manufactured dwelling park at least 20 days but
not more than 40 days before the date of the first hearing on the ordinance.
The governing body may require an applicant for such a zone change to pay the
costs of such notice. The failure of a tenant to receive a notice which was
mailed shall not invalidate any zone change. [1963 c.619 §8; 1967 c.589 §3;
1985 c.473 §14; 1987 c.106 §1; 1989 c.648 §60; 1999 c.935 §21]
215.230
[Repealed by 1963 c.619 §16]
215.233 Validity of ordinances and
development patterns adopted before September 2, 1963.
Nothing in ORS 215.010, 215.030, 215.050, 215.060, 215.110, 215.130, 215.170,
215.185, 215.190, 215.203, 215.213 and 215.223 and this section shall impair
the validity of ordinances enacted prior to September 2, 1963. All development
patterns made and adopted prior to that time shall be deemed to meet the
requirements of ORS 215.010, 215.030, 215.050, 215.060, 215.110, 215.130,
215.170, 215.185, 215.190, 215.203, 215.213 and 215.223 and this section
concerning comprehensive plans. [1963 c.619 §14; 1971 c.13 §3; 1985 c.565 §30;
2001 c.672 §17]
215.236 Nonfarm dwelling in exclusive farm
use zone; qualification for special assessment.
(1) As used in this section, “dwelling” means a single-family residential
dwelling not provided in conjunction with farm use.
(2)
The governing body or its designee may not grant final approval of an
application made under ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7) for
the establishment of a dwelling on a lot or parcel in an exclusive farm use
zone that is, or has been, receiving special assessment without evidence that
the lot or parcel upon which the dwelling is proposed has been disqualified for
special assessment at value for farm use under ORS 308A.050 to 308A.128 or
other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to
321.754 or 321.805 to 321.855 and any additional tax imposed as the result of
disqualification has been paid.
(3)
The governing body or its designee may grant tentative approval of an
application made under ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7) for
the establishment of a dwelling on a lot or parcel in an exclusive farm use
zone that is specially assessed at value for farm use under ORS 308A.050 to
308A.128 upon making the findings required by ORS 215.213 (3) or 215.284 (1),
(2), (3), (4) or (7). An application for the establishment of a dwelling that
has been tentatively approved shall be given final approval by the governing
body or its designee upon receipt of evidence that the lot or parcel upon which
establishment of the dwelling is proposed has been disqualified for special
assessment at value for farm use under ORS 308A.050 to 308A.128 or other
special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754
or 321.805 to 321.855 and any additional tax imposed as the result of
disqualification has been paid.
(4)
The owner of a lot or parcel upon which the establishment of a dwelling has
been tentatively approved as provided by subsection (3) of this section shall,
before final approval, simultaneously:
(a)
Notify the county assessor that the lot or parcel is no longer being used as
farmland or for other specially assessed uses described in subsection (2) or
(3) of this section;
(b)
Request that the county assessor disqualify the lot or parcel from special
assessment under ORS 308A.050 to 308A.128, 308A.315, 321.257 to 321.390, 321.700
to 321.754 or 321.805 to 321.855; and
(c)
Pay any additional tax imposed upon disqualification from special assessment.
(5)
Except as provided in subsection (6) of this section, a lot or parcel that has
been disqualified pursuant to subsection (4) of this section may not requalify for special assessment unless, when combined with
another contiguous lot or parcel, it constitutes a qualifying parcel.
(6)(a)
A lot or parcel that has been disqualified pursuant to subsection (4) of this
section may requalify for wildlife habitat special
assessment under ORS 308A.403 to 308A.430 or conservation easement special
assessment under ORS 308A.450 to 308A.465 without satisfying the requirements
of subsection (5) of this section.
(b)
Upon disqualification from wildlife habitat special assessment under ORS
308A.430 or disqualification from conservation easement special assessment
under ORS 308A.465, the lot or parcel shall be subject to the requirements of
subsection (5) of this section.
(7)
When the owner of a lot or parcel upon which the establishment of a dwelling
has been tentatively approved notifies the county assessor that the lot or
parcel is no longer being used as farmland and requests disqualification of the
lot or parcel for special assessment at value for farm use, the county assessor
shall:
(a)
Disqualify the lot or parcel for special assessment at value for farm use under
ORS 308A.050 to 308A.128 or other special assessment by removing the special
assessment;
(b)
Provide the owner of the lot or parcel with written notice of the
disqualification; and
(c)
Impose the additional tax, if any, provided by statute upon disqualification.
(8)
The Department of Consumer and Business Services, a building official, as
defined in ORS 455.715 (1), or any other agency or official responsible for the
administration and enforcement of the state building code, as defined in ORS
455.010, may not issue a building permit for the construction of a dwelling on
a lot or parcel in an exclusive farm use zone without evidence that the owner
of the lot or parcel upon which the dwelling is proposed to be constructed has
paid the additional tax, if any, imposed by the county assessor under
subsection (7)(c) of this section. [1981 c.748 §46; 1983 c.462 §14; 1983 c.570 §6;
1983 c.826 §23; 1985 c.717 §6; 1985 c.811 §6; 1987 c.305 §5; 1987 c.414 §147;
1991 c.459 §346; 1993 c.792 §27; 1993 c.801 §36a; 1999 c.314 §58; 2001 c.704 §7;
2003 c.454 §85; 2003 c.539 §19; 2003 c.621 §68; 2007 c.809 §13]
215.237 Events or activities conducted by
winery in exclusive farm use zone. If a winery
sited on land zoned for exclusive farm use under ORS 215.452 conducts events or
activities authorized by ORS 215.213 (11) or 215.283 (4), the winery may not
conduct events or activities, if any, that are:
(1)
Authorized by ORS 215.452; and
(2)
Subject to the conditional approval of a county. [2011 c.567 §3]
Note:
215.237 to 215.239 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 215 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
215.238 Attorney fees in action for
nuisance or trespass relating to agri-tourism event
or activity. Notwithstanding ORS 30.938, in an
action or claim for relief alleging nuisance or trespass and arising from a
practice that is alleged by either party to be a farming or forest practice,
the prevailing party is not entitled to judgment for reasonable attorney fees
and costs incurred at trial and on appeal if:
(1)
The party owns, operates or attends an agri-tourism
or other commercial event or activity authorized under ORS 215.213 (11) or
215.283 (4); and
(2)
The action or claim arises from the event or activity. [2011 c.567 §4]
Note: See
note under 215.237.
215.239 Siting
of agri-tourism event or activity.
The uses authorized by ORS 215.213 (11) or 215.283 (4) may be allowed on lands
that are planned and zoned for exclusive farm use and designated as rural
reserves under ORS 195.141 or as urban reserves under ORS 195.145. [2011 c.567 §5]
Note: See
note under 215.237.
215.240
[Repealed by 1963 c.619 §16]
215.243 Agricultural land use policy.
The Legislative Assembly finds and declares that:
(1)
Open land used for agricultural use is an efficient means of conserving natural
resources that constitute an important physical, social, aesthetic and economic
asset to all of the people of this state, whether living in rural, urban or
metropolitan areas of the state.
(2)
The preservation of a maximum amount of the limited supply of agricultural land
is necessary to the conservation of the state’s economic resources and the
preservation of such land in large blocks is necessary in maintaining the
agricultural economy of the state and for the assurance of adequate, healthful
and nutritious food for the people of this state and nation.
(3)
Expansion of urban development into rural areas is a matter of public concern
because of the unnecessary increases in costs of community services, conflicts
between farm and urban activities and the loss of open space and natural beauty
around urban centers occurring as the result of such expansion.
(4)
Exclusive farm use zoning as provided by law, substantially limits alternatives
to the use of rural land and, with the importance of rural lands to the public,
justifies incentives and privileges offered to encourage owners of rural lands
to hold such lands in exclusive farm use zones. [1973 c.503 §1]
215.246 Approval of land application of
certain substances; subsequent use of tract of land; consideration of
alternatives. (1) The uses allowed under ORS 215.213
(1)(y) and 215.283 (1)(v):
(a)
Require a determination by the Department of Environmental Quality, in
conjunction with the department’s review of a license, permit or approval, that
the application rates and site management practices for the land application of
reclaimed water, agricultural or industrial process water or biosolids ensure continued agricultural, horticultural or silvicultural production and do not reduce the productivity
of the tract.
(b)
Are not subject to other provisions of ORS 215.213 or 215.283 or to the
provisions of ORS 215.275 or 215.296.
(2)
The use of a tract of land on which the land application of reclaimed water,
agricultural or industrial process water or biosolids
has occurred under this section may not be changed to allow a different use
unless:
(a)
The tract is included within an acknowledged urban growth boundary;
(b)
The tract is rezoned to a zone other than an exclusive farm use zone;
(c)
The different use of the tract is a farm use as defined in ORS 215.203; or
(d)
The different use of the tract is a use allowed under:
(A)
ORS 215.213 (1)(b), (d) to (f), (i) to (n), (p) to
(r), (u), (w) or (x);
(B)
ORS 215.213 (2)(a) to (c), (i), (m) or (p) to (r);
(C)
ORS 215.213 (11);
(D)
ORS 215.283 (1)(b), (d), (e), (h) to (L), (n) to (p), (r), (t) or (u);
(E)
ORS 215.283 (2)(a), (j), (L) or (p) to (s); or
(F)
ORS 215.283 (4).
(3)
When a state agency or a local government makes a land use decision relating to
the land application of reclaimed water, agricultural or industrial process
water or biosolids under a license, permit or
approval by the Department of Environmental Quality, the applicant shall
explain in writing how alternatives identified in public comments on the land
use decision were considered and, if the alternatives are not used, explain in
writing the reasons for not using the alternatives. The applicant must consider
only those alternatives that are identified with sufficient specificity to
afford the applicant an adequate opportunity to consider the alternatives. A
land use decision relating to the land application of reclaimed water,
agricultural or industrial process water or biosolids
may not be reversed or remanded under this subsection unless the applicant
failed to consider identified alternatives or to explain in writing the reasons
for not using the alternatives.
(4)
The uses allowed under this section include:
(a)
The treatment of reclaimed water, agricultural or industrial process water or biosolids that occurs as a result of the land application;
(b)
The establishment and use of facilities, including buildings, equipment,
aerated and nonaerated water impoundments, pumps and
other irrigation equipment, that are accessory to and reasonably necessary for
the land application to occur on the subject tract;
(c)
The establishment and use of facilities, including buildings and equipment,
that are not on the tract on which the land application occurs for the
transport of reclaimed water, agricultural or industrial process water or biosolids to the tract on which the land application occurs
if the facilities are located within:
(A)
A public right of way; or
(B)
Other land if the landowner provides written consent and the owner of the
facility complies with ORS 215.275 (4); and
(d)
The transport by vehicle of reclaimed water or agricultural or industrial
process water to a tract on which the water will be applied to land.
(5)
Uses not allowed under this section include:
(a)
The establishment and use of facilities, including buildings or equipment, for
the treatment of reclaimed water, agricultural or industrial process water or biosolids other than those treatment facilities related to
the treatment that occurs as a result of the land application; or
(b)
The establishment and use of utility facility service lines allowed under ORS
215.213 (1)(x) or 215.283 (1)(u). [2001 c.488 §4; 2009 c.850 §5; 2011 c.567 §8]
Note:
215.246 to 215.251 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 215 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
215.247 Transport of biosolids
to tract of land for application. If biosolids are transported by vehicle to a tract on which
the biosolids will be applied to the land under a
license, permit or approval issued 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, the transport and the land application
are allowed outright, and a state or local government license, permit or
approval in connection with the use is not a land use decision. [2001 c.488 §5]
Note: See
note under 215.246.
215.249 Division of land for application
of biosolids.
Notwithstanding ORS 215.263, the governing body of a county or its designee may
not approve a proposed division of land in an exclusive farm use zone for the
land application of reclaimed water, agricultural or industrial process water
or biosolids described in ORS 215.213 (1)(y) or
215.283 (1)(v). [2001 c.488 §6; 2009 c.850 §6]
Note: See
note under 215.246.
215.250
[Repealed by 1973 c.619 §16]
215.251 Relationship to other farm uses.
Nothing in ORS 215.213 (1)(y), 215.246 to 215.249 or 215.283 (1)(v) affects
whether the land application of a substance not described in ORS 215.213
(1)(y), 215.246 to 215.249 or 215.283 (1)(v) is a farm use as defined in ORS
215.203. [2001 c.488 §7; 2003 c.14 §100; 2009 c.850 §7]
Note: See
note under 215.246.
215.253 Restrictive local ordinances
affecting farm use zones prohibited; exception.
(1) No state agency, city, county or political subdivision of this state may
exercise any of its powers to enact local laws or ordinances or impose
restrictions or regulations affecting any farm use land situated within an
exclusive farm use zone established under ORS 215.203 or within an area
designated as marginal land under ORS 197.247 (1991 Edition) in a manner that
would restrict or regulate farm structures or that would restrict or regulate
farming practices if conditions from such practices do not extend into an
adopted urban growth boundary in such manner as to interfere with the lands
within the urban growth boundary. “Farming practice” as used in this subsection
shall have the meaning set out in ORS 30.930.
(2)
Nothing in this section is intended to limit or restrict the lawful exercise by
any state agency, city, county or political subdivision of its power to protect
the health, safety and welfare of the citizens of this state. [1973 c.503 §8;
1983 c.826 §12; 1985 c.565 §31; 1995 c.703 §10]
215.260
[Amended by 1955 c.652 §3; repealed by 1957 s.s. c.11
§4 (215.261 enacted in lieu of 215.260)]
215.261 [1957 s.s. c.11 §5 (enacted in lieu of 215.260); repealed by 1963
c.619 §16]
215.262 Legislative findings related to
nonfarm dwellings. (1) The Legislative Assembly
declares that the creation of small parcels for nonfarm dwellings in exclusive
farm use zones introduces potential conflicts into commercial agricultural
areas and allows a limited number of nonfarm dwellings in exclusive farm use
zones. To protect the state’s land base for commercial agriculture from being
divided into multiple parcels for nonfarm dwellings while continuing to allow a
limited number of nonfarm dwellings on less productive agricultural land not
suitable for farm use, it is necessary to:
(a)
Limit the incremental division of lots or parcels larger than the minimum size
established under ORS 215.780 into smaller lots or parcels for the purpose of
creating new nonfarm dwellings; and
(b)
Allow a limited number of lots or parcels equal to or less than the minimum
size established under ORS 215.780 to be partitioned into not more than two
parcels unsuitable for farm use and eligible for siting
nonfarm dwellings under ORS 215.284.
(2)
The amendments to ORS 215.263 by section 3, chapter 704, Oregon Laws 2001,
address the partition of land within an exclusive farm use zone to create
parcels smaller than the minimum size established under ORS 215.780 for the
purpose of siting dwellings not provided in
conjunction with farm use in eastern Oregon, as defined in ORS 321.805, and in
western Oregon, as defined in ORS 321.257. [2001 c.704 §2; 2003 c.621 §69]
Note:
215.262 was added to and made a part of ORS chapter 215 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
215.263 Land divisions in exclusive farm
use zones; criteria for approval; rules. (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
prior review and approval for 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 321.805, 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)
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)
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)
The governing body of a county may not approve any proposed division of a lot
or parcel described in ORS 215.213 (1)(d) or (i),
215.283 (1)(d) 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)(u)
or 215.283 (1)(r).
(9)
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)(n) and
215.283 (1)(L).
(10)(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)
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)
Notwithstanding the minimum lot or parcel size described in ORS 215.780 (1) or
(2), the governing body of a county or its designee may approve a proposed
division of land in an exclusive farm use zone for the nonfarm uses set out in
ORS 215.213 (1)(v) or 215.283 (1)(s) 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.
(13)
The governing body of a county may not approve a division of land for nonfarm
use under subsection (3), (4), (5), (9), (10), (11) or (12) of this section
unless any additional tax imposed for the change in use has been paid.
(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. [1973 c.503 §9;
1977 c.766 §9; 1979 c.46 §2; 1981 c.748 §48; 1983 c.826 §7; 1985 c.544 §4; 1987
c.729 §5b; 1989 c.224 §26; 1989 c.564 §8; 1989 c.861 §3; 1991 c.459 §347; 1993
c.704 §7; 1993 c.792 §12; 1997 c.318 §2; 1997 c.550 §2; 1997 c.862 §4; 1999
c.321 §1; 1999 c.349 §1; 2001 c.544 §4; 2001 c.613 §19; 2001 c.704 §3; 2003
c.621 §70; 2009 c.850 §8; 2011 c.135 §1]
215.265 Land divisions; limiting certain
causes of action. In approving a land division
under ORS 215.263 (10), 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. [1999 c.321 §3; 2001 c.704 §10]
Note:
215.265 was added to and made a part of 215.203 to 215.311 by legislative
action but was not added to any other series. See Preface to Oregon Revised
Statutes for further explanation.
215.270
[Repealed by 1963 c.619 §16]
215.273 Applicability to thermal energy
power plant siting determinations.
Nothing in ORS 215.130, 215.203, 215.213, 215.243, 215.253, 215.263, 215.273,
215.283, 215.284, 308A.050 to 308A.128 and 316.844 is intended to affect the
authority of the Energy Facility Siting Council in
determining suitable sites for the issuance of site certificates for thermal
power plants, as authorized under ORS 469.300 to 469.563, 469.590 to 469.619
and 469.930. [1973 c.503 §16; 1983 c.740 §56; 1983 c.826 §19; 1995 c.79 §76;
1997 c.99 §20; 1999 c.314 §56; 2001 c.672 §18]
215.275 Utility facilities necessary for
public service; criteria; rules; mitigating impact of facility.
(1) A utility facility established under ORS 215.213 (1)(c) or 215.283 (1)(c)
is necessary for public service if the facility must be sited in an exclusive
farm use zone in order to provide the service.
(2)
To demonstrate that a utility facility is necessary, an applicant for approval
under ORS 215.213 (1)(c) or 215.283 (1)(c) must show that reasonable
alternatives have been considered and that the facility must be sited in an
exclusive farm use zone due to one or more of the following factors:
(a)
Technical and engineering feasibility;
(b)
The proposed facility is locationally dependent. A
utility facility is locationally dependent if it must
cross land in one or more areas zoned for exclusive farm use in order to
achieve a reasonably direct route or to meet unique geographical needs that
cannot be satisfied on other lands;
(c)
Lack of available urban and nonresource lands;
(d)
Availability of existing rights of way;
(e)
Public health and safety; and
(f)
Other requirements of state or federal agencies.
(3)
Costs associated with any of the factors listed in subsection (2) of this
section may be considered, but cost alone may not be the only consideration in
determining that a utility facility is necessary for public service. Land costs
shall not be included when considering alternative locations for substantially
similar utility facilities. The Land Conservation and Development Commission
shall determine by rule how land costs may be considered when evaluating the siting of utility facilities that are not substantially
similar.
(4)
The owner of a utility facility approved under ORS 215.213 (1)(c) or 215.283
(1)(c) shall be responsible for restoring, as nearly as possible, to its former
condition any agricultural land and associated improvements that are damaged or
otherwise disturbed by the siting, maintenance,
repair or reconstruction of the facility. Nothing in this section shall prevent
the owner of the utility facility from requiring a bond or other security from
a contractor or otherwise imposing on a contractor the responsibility for
restoration.
(5)
The governing body of the county or its designee shall impose clear and
objective conditions on an application for utility facility siting
under ORS 215.213 (1)(c) or 215.283 (1)(c) to mitigate and minimize the impacts
of the proposed facility, if any, on surrounding lands devoted to farm use in
order to prevent a significant change in accepted farm practices or a
significant increase in the cost of farm practices on the surrounding
farmlands.
(6)
The provisions of subsections (2) to (5) of this section do not apply to
interstate natural gas pipelines and associated facilities authorized by and subject
to regulation by the Federal Energy Regulatory Commission. [1999 c.816 §3; 2009
c.850 §9]
Note:
215.275 was added to and made a part of 215.203 to 215.311 by legislative
action but was not added to any other series. See Preface to Oregon Revised Statutes
for further explanation.
215.276 Required consultation for
transmission lines to be located on high-value farmland.
(1) As used in this section:
(a)
“Consult” means to make an effort to contact for purpose of notifying the
record owner of the opportunity to meet.
(b)
“High-value farmland” has the meaning given that term in ORS 195.300.
(c)
“Transmission line” means a linear utility facility by which a utility provider
transfers the utility product in bulk from a point of origin or generation, or
between transfer stations, to the point at which the utility product is
transferred to distribution lines for delivery to end users.
(2)
If the criteria described in ORS 215.275 for siting a
utility facility on land zoned for exclusive farm use are met for a utility
facility that is a transmission line, the utility provider shall, after the
route is approved by the siting authorities and
before construction of the transmission line begins, consult the record owner
of high-value farmland in the planned route for the purpose of locating and
constructing the transmission line in a manner that minimizes the impact on
farming operations on high-value farmland. If the record owner does not respond
within two weeks after the first documented effort to consult the record owner,
the utility provider shall notify the record owner by certified mail of the
opportunity to consult. If the record owner does not respond within two weeks
after the certified mail is sent, the utility provider has satisfied the
provider’s obligation to consult.
(3)
The requirement to consult under this section is in addition to and not in lieu
of any other legally required consultation process. [2009 c.854 §1]
Note:
215.276 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 215 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
215.277 Farmworker
housing; compliance with agricultural land use policy required.
It is the intent of the Legislative Assembly that the provision of farmworker housing, as defined in ORS 215.278, not allow
other types of dwellings not otherwise permitted in exclusive farm use zones
and that farmworker housing be consistent with the
intent and purposes set forth in ORS 215.243. [1989 c.964 §9; 2001 c.613 §10;
2003 c.588 §14; 2011 c.471 §5]
215.278 Accessory dwellings for farmworkers; rules. (1) The Land
Conservation and Development Commission shall revise administrative rules
regarding dwellings customarily provided in conjunction with farm use to allow,
under ORS 215.213 and 215.283, the establishment of accessory dwellings needed
to provide opportunities for farmworker housing for
individuals primarily engaged in farm use whose assistance in the management of
the farm is or will be required by the farm operator on the farm unit.
(2)
As used in this section:
(a)
“Farm unit” means the contiguous and noncontiguous tracts in common ownership
used by the farm operator for farm use as defined in ORS 215.203.
(b)
“Farmworker” means an individual who, for an agreed
remuneration or rate of pay, performs labor, temporarily or on a continuing
basis, for a person in the:
(A)
Production of farm products;
(B)
Planting, cultivating or harvesting of seasonal agricultural crops; or
(C)
Forestation or reforestation of land, including but not limited to planting,
transplanting, tubing, precommercial thinning and
thinning of trees or seedlings, the clearing, piling and disposal of brush and
slash and other related activities.
(c)
“Farmworker housing” means housing:
(A)
Limited to occupancy by farmworkers and their
immediate families; and
(B)
No dwelling unit of which is occupied by a relative of the owner or operator of
the farmworker housing.
(d)
“Owner” means a person that owns farmworker housing. “Owner”
does not mean a person whose interest in the farmworker
housing is that of a holder of a security interest in the housing.
(e)
“Relative” means:
(A)
A spouse of the owner or operator; and
(B)
An ancestor, lineal descendant or whole or half sibling of the owner or
operator or the spouse of the owner or operator. [2001 c.613 §6; 2011 c.471 §6]
Note:
215.278 was added to and made a part of ORS chapter 215 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
215.279 Farm income standard for dwelling
in conjunction with farm use. In any rule
adopted by the Land Conservation and Development Commission that establishes a
farm income standard to determine whether a dwelling is customarily provided in
conjunction with farm use on a tract, the commission shall allow a farm
operator to satisfy the income standard by earning the required amount or more
of farm income on the tract:
(1)
In at least three of the last five years;
(2)
In each of the last two years; or
(3)
Based on the average farm income earned on the tract in the best three of the
last five years. [2011 c.459 §1]
Note:
215.279 was added to and made a part of ORS chapter 215 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
215.280
[Repealed by 1963 c.619 §16]
215.281 Legislative findings related to
dwellings in conjunction with commercial dairy farm.
The Legislative Assembly finds that:
(1)
Dairies and dairying are an important part of Oregon agriculture and make a
significant contribution to the state and local economies;
(2)
Dairies require continuous on-site labor to operate the dairy and to protect
the significant investment in milking and waste disposal facilities, equipment
and livestock necessary to operate a commercial dairy; and
(3)
Dairies require more on-site housing than other types of farms because of the
year-round labor-intensive nature of a dairy operation and justify different
standards for the review of a primary or accessory dwelling customarily
provided in conjunction with a commercial dairy farm under ORS 215.213 and
215.283. [2001 c.149 §4]
Note:
215.281 and 215.282 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 215 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
215.282 Dwellings in conjunction with commercial
dairy farm; rules. The Land Conservation and
Development Commission shall consider the findings of ORS 215.281 and adopt
rules that provide standards for the review of a primary or accessory dwelling
customarily provided in conjunction with a commercial dairy farm.
Notwithstanding any other administrative rule establishing a gross farm income
standard, the rules adopted under this section shall allow the siting of a dwelling on a commercial dairy farm prior to
the dairy earning any gross farm income. [2001 c.149 §5]
Note: See
note under 215.281.
215.283 Uses permitted in exclusive farm
use zones in nonmarginal lands counties; rules.
(1) The following uses may be established in any area zoned for exclusive farm
use:
(a)
Churches and cemeteries in conjunction with churches.
(b)
The propagation or harvesting of a forest product.
(c)
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.
(d)
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. Notwithstanding ORS 92.010 to 92.192 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.
(e)
Subject to ORS 215.279, primary or accessory dwellings and other buildings
customarily provided in conjunction with farm use.
(f)
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 (2)(a) or (b).
(g)
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 (2)(a) or (b).
(h)
Climbing and passing lanes within the right of way existing as of July 1, 1987.
(i) 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.
(j)
Temporary public road and highway detours that will be abandoned and restored
to original condition or use at such time as no longer needed.
(k)
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.
(L)
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.
(m)
Creation, restoration or enhancement of wetlands.
(n)
A winery, as described in ORS 215.452 or 215.453.
(o)
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.
(p)
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:
(i) 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; and
(ii)
For which the applicant has requested a deferred replacement permit, is removed
or demolished within three months after the deferred replacement permit is
issued. A deferred replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is not removed or
demolished within three months after the deferred replacement permit is issued,
the permit becomes void. The replacement dwelling must comply with applicable
building codes, plumbing codes, sanitation codes and other requirements
relating to health and safety or to siting at the
time of construction. A deferred replacement permit may not be transferred, by
sale or otherwise, except by the applicant to the spouse or a child of the
applicant.
(q)
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. An owner
of property used for the purpose authorized in this paragraph may charge a
person operating the use on the property rent for the property. An operator may
charge users of the property a fee that does not exceed the operator’s cost to
maintain the property, buildings and facilities. 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.
(r)
A facility for the processing of farm crops, or the production of biofuel as defined in ORS 315.141, that is 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.
(s)
Fire service facilities providing rural fire protection services.
(t)
Irrigation reservoirs, canals, delivery lines and those structures and
accessory operational facilities, not including parks or other recreational
structures and facilities, associated with a district as defined in ORS
540.505.
(u)
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.
(v)
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.
(w)
A county law enforcement facility that lawfully existed on August 20, 2002, and
is used to provide rural law enforcement services primarily in rural areas,
including parole and post-prison supervision, but not including a correctional
facility as defined under ORS 162.135.
(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, including the
processing of farm crops into biofuel not permitted
under ORS 215.203 (2)(b)(L) or subsection (1)(r) 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)(f) 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. A community center authorized under this paragraph may provide
services to veterans, including but not limited to emergency and transitional
shelter, preparation and service of meals, vocational and educational
counseling and referral to local, state or federal agencies providing medical,
mental health, disability income replacement and substance abuse services, only
in a facility that is in existence on January 1, 2006. The services may not
include direct delivery of medical, mental health, disability income
replacement or substance abuse services.
(f)
Golf courses on land determined not to be high-value farmland, as defined in
ORS 195.300.
(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)(p) of this section.
(m)
Transmission towers over 200 feet in height.
(n)
Dog kennels.
(o)
Residential homes as defined in ORS 197.660, in existing dwellings.
(p)
The propagation, cultivation, maintenance and harvesting of aquatic species
that are not under the jurisdiction of the State Fish and Wildlife Commission
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 that 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 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. As used in this paragraph:
(A)
“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
(B)
“Local historical society” means the local historical society recognized by the
county governing body and organized under ORS chapter 65.
(y)
An aerial fireworks display business that has been in continuous operation at
its current location within an exclusive farm use zone since December 31, 1986,
and possesses a wholesaler’s permit to sell or provide fireworks.
(z)
A landscape contracting business, as defined in ORS 671.520, or a business
providing landscape architecture services, as described in ORS 671.318, if the
business is pursued in conjunction with the growing and marketing of nursery
stock on the land that constitutes farm use.
(aa) Public or private schools for kindergarten through
grade 12, including all buildings essential to the operation of a school,
primarily for residents of the rural area in which the school is located.
(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.
(4)
The following agri-tourism and other commercial
events or activities that are related to and supportive of agriculture may be
established in any area zoned for exclusive farm use:
(a)
A county may authorize a single agri-tourism or other
commercial event or activity on a tract in a calendar year by an authorization
that is personal to the applicant and is not transferred by, or transferable
with, a conveyance of the tract, if the agri-tourism
or other commercial event or activity meets any local standards that apply and:
(A)
The agri-tourism or other commercial event or
activity is incidental and subordinate to existing farm use on the tract;
(B)
The duration of the agri-tourism or other commercial
event or activity does not exceed 72 consecutive hours;
(C)
The maximum attendance at the agri-tourism or other
commercial event or activity does not exceed 500 people;
(D)
The maximum number of motor vehicles parked at the site of the agri-tourism or other commercial event or activity does not
exceed 250 vehicles;
(E)
The agri-tourism or other commercial event or
activity complies with ORS 215.296;
(F)
The agri-tourism or other commercial event or
activity occurs outdoors, in temporary structures, or in existing permitted
structures, subject to health and fire and life safety requirements; and
(G)
The agri-tourism or other commercial event or
activity complies with conditions established for:
(i) Planned hours of operation;
(ii)
Access, egress and parking;
(iii)
A traffic management plan that identifies the projected number of vehicles and
any anticipated use of public roads; and
(iv)
Sanitation and solid waste.
(b)
In the alternative to paragraphs (a) and (c) of this subsection, a county may
authorize, through an expedited, single-event license, a single agri-tourism or other commercial event or activity on a
tract in a calendar year by an expedited, single-event license that is personal
to the applicant and is not transferred by, or transferable with, a conveyance
of the tract. A decision concerning an expedited, single-event license is not a
land use decision, as defined in ORS 197.015. To approve an expedited,
single-event license, the governing body of a county or its designee must
determine that the proposed agri-tourism or other
commercial event or activity meets any local standards that apply, and the agri-tourism or other commercial event or activity:
(A)
Must be incidental and subordinate to existing farm use on the tract;
(B)
May not begin before 6 a.m. or end after 10 p.m.;
(C)
May not involve more than 100 attendees or 50 vehicles;
(D)
May not include the artificial amplification of music or voices before 8 a.m.
or after 8 p.m.;
(E)
May not require or involve the construction or use of a new permanent structure
in connection with the agri-tourism or other
commercial event or activity;
(F)
Must be located on a tract of at least 10 acres unless the owners or residents
of adjoining properties consent, in writing, to the location; and
(G)
Must comply with applicable health and fire and life safety requirements.
(c)
In the alternative to paragraphs (a) and (b) of this subsection, a county may
authorize up to six agri-tourism or other commercial
events or activities on a tract in a calendar year by a limited use permit that
is personal to the applicant and is not transferred by, or transferable with, a
conveyance of the tract. The agri-tourism or other
commercial events or activities must meet any local standards that apply, and
the agri-tourism or other commercial events or
activities:
(A)
Must be incidental and subordinate to existing farm use on the tract;
(B)
May not, individually, exceed a duration of 72 consecutive hours;
(C)
May not require that a new permanent structure be built, used or occupied in
connection with the agri-tourism or other commercial
events or activities;
(D)
Must comply with ORS 215.296;
(E)
May not, in combination with other agri-tourism or
other commercial events or activities authorized in the area, materially alter
the stability of the land use pattern in the area; and
(F)
Must comply with conditions established for:
(i) The types of agri-tourism or
other commercial events or activities that are authorized during each calendar
year, including the number and duration of the agri-tourism
or other commercial events and activities, the anticipated daily attendance and
the hours of operation;
(ii)
The location of existing structures and the location of proposed temporary
structures to be used in connection with the agri-tourism
or other commercial events or activities;
(iii)
The location of access and egress and parking facilities to be used in
connection with the agri-tourism or other commercial
events or activities;
(iv)
Traffic management, including the projected number of vehicles and any
anticipated use of public roads; and
(v)
Sanitation and solid waste.
(d)
In addition to paragraphs (a) to (c) of this subsection, a county may authorize
agri-tourism or other commercial events or activities
that occur more frequently or for a longer period or that do not otherwise
comply with paragraphs (a) to (c) of this subsection if the agri-tourism
or other commercial events or activities comply with any local standards that
apply and the agri-tourism or other commercial events
or activities:
(A)
Are incidental and subordinate to existing commercial farm use of the tract and
are necessary to support the commercial farm uses or the commercial
agricultural enterprises in the area;
(B)
Comply with the requirements of paragraph (c)(C), (D), (E) and (F) of this
subsection;
(C)
Occur on a lot or parcel that complies with the acknowledged minimum lot or
parcel size; and
(D)
Do not exceed 18 events or activities in a calendar year.
(5)
A holder of a permit authorized by a county under subsection (4)(d) of this
section must request review of the permit at four-year intervals. Upon receipt
of a request for review, the county shall:
(a)
Provide public notice and an opportunity for public comment as part of the
review process; and
(b)
Limit its review to events and activities authorized by the permit, conformance
with conditions of approval required by the permit and the standards
established by subsection (4)(d) of this section.
(6)
For the purposes of subsection (4) of this section:
(a)
A county may authorize the use of temporary structures established in
connection with the agri-tourism or other commercial
events or activities authorized under subsection (4) of this section. However,
the temporary structures must be removed at the end of the agri-tourism
or other event or activity. The county may not approve an alteration to the
land in connection with an agri-tourism or other
commercial event or activity authorized under subsection (4) of this section,
including, but not limited to, grading, filling or paving.
(b)
The county may issue the limited use permits authorized by subsection (4)(c) of
this section for two calendar years. When considering an application for
renewal, the county shall ensure compliance with the provisions of subsection
(4)(c) of this section, any local standards that apply and conditions that
apply to the permit or to the agri-tourism or other
commercial events or activities authorized by the permit.
(c) The authorizations provided by subsection (4) of this section are in addition to other authorizations that may be provided by law, except that “outdoor mass gathering” and “other gathering,” as those terms are used in ORS 197.015 (10)(d), do not include agri-tourism or other commercial events and activities. [1983 c.826 §17; 1985 c.544 §3; 1985 c.583 §2; 1985 c.604 §4; 1985 c.717 §7; 1985 c.811 §7; 1987 c.227 §2; 1987 c.729 §5a; 1987 c.886 §10; 1989 c.224 §27; 1989 c.525 §2; 1989 c.564 §9; 1989 c.648 §61; 1989 c.739 §2; 1989 c.837 §27; 1989 c.861 §2; 1989 c.964 §11; 1991 c.459 §348; 1991 c.950 §1; 1993 c.466 §2; 1993 c.704 §3; 1993 c.792 §14; subsections (3) to (8) renumbered 215.284 in 1993; 1995 c.528 §2; 1997 c.250 §2; 1997 c.276 §2; 1997 c.312 §2; 1997 c.318 §3; 1997 c.363 §2; 1997 c.862 §3; 1999 c.320 §1; 1999 c.608 §2; 1999 c.640 §2; 1999 c.756 §§14a,14b; 1999 c.758 §2; 1999