Kenagy v. Benton County, 112 Or App 17, 827 P2d 1047 (1992), Farm owner’s involve­ment with farming opera­tions on leased por­tions of prop­erty combined with owner’s past, present and planned expanded uses on unleased part of prop­erty bring owner within this statute. Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Proposed activities on farm prop­erty is basis for determining whether relative’s assistance is re­quired. A public park may be established consistent with the provisions of ORS 195.120 (Rules and planning goal amendments for parks required). Warburton v. Harney County, 174 Or App 322, 25 P3d 978 (2001), Sup Ct review denied, “Utility facility” does not include project or site where critical func­tion or func­tions of utility service are accomplished only by naturally occurring processes. (x) Dog training classes or testing trials, which may be conducted outdoors or in preexisting farm buildings, when: (A) The number of dogs participating in training does not exceed 10 dogs per training class and the number of training classes to be held on-site does not exceed six per day; and. This ordinance shall be known as the Deschutes County Zoning Ordinance of … Cox v. Polk County, 174 Or App 332, 25 P3d 970 (2001), Sup Ct review denied, Fire service facility has purpose of “providing rural fire protec­tion services” if predominant area served by facility is rural. (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 (Definitions for ORS 358.480 to 358.545). Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), “Subsurface of public roads and high­ways” includes entire right-of-way within which thoroughfare has been constructed, not merely hard surface on which traffic travels. 309) The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. The qualification of farmland for special assessment is determined as of January 1. (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. 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: (B) Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or. 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. Deschutes County, the court examined Oregon Revised Statute 215.283(2)(c) which states in part that “private parks, playgrounds, hunting and fishing preserves and campgrounds” may be established as nonfarm uses on property zoned for exclusive farm use. (m) Transmission towers over 200 feet in height. (v) Operations for the extraction and bottling of water. (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 (Definitions). (s) Fire service facilities providing rural fire protection services. Non-farm dwellings generally create conflicts with accepted agricultural practices. Current Parcel Size Analysis EFU-10 Orchards District 1,237 parcels – 59 parcels (5%) are 20 acres or larger. T. State or Regional Park uses listed in a County-approved Master Plan. The county may rely on findings addressing Section 342-3.3 provided at the time of Master Plan approval as evidence of compliance with OAR 660-006-0025(5). Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (Goal exceptions) (2)(a) or (b). (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. The measure does something else. 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. See Section 383, State and Regional Park Overlay District. (m) Creation, restoration or enhancement of wetlands. Under ORS – – 215.283(1)(s)(A) and (B), a county may approve a replacement dwelling only if the dwelling that is to be replaced “[h]as intact walls and roof structure” and “[h These facilities are intended to be only portable or temporary in nature. Deschutes County Road Department. Opinions Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions … 1231 0 obj <>stream The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), “Private park” as used in this sec­tion includes low-intensity outdoor recrea­tional use on farm land that has as component natural enjoy­ment of outdoors and recrea­tional use for particular group or class of per­sons. Deschutes County supports HB 2222.3 for several reasons, including: 1. (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. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. TITLE. PURPOSE. Where a planning commission almost – entirely relied on the EFU zoning statutes to find that a permit applicant inadequately considered alternatives to a 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. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Require­ment that utility facility be “necessary” for pro­vi­sion of service refers only to need to site facility in exclusive farm use zone instead of nonfarmland site, not to selec­tion of facility as means of providing service. The intent of purpose of this ordinance is to promote the public health, safety and qeneral welfare and to carry out the Deschutes County Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Administrative rules governing high-value farmland are not subordinate to statutes governing permissive uses for exclusive farm use zones in nonmarginal land counties. (z) A landscape contracting business, as defined in ORS 671.520 (Definitions for ORS 671.510 to 671.760), or a business providing landscape architecture services, as described in ORS 671.318 (Businesses providing landscape architecture services), if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. (n) A winery, as described in ORS 215.452 (Winery) or 215.453 (Large winery). View the GIS portal website.Contact Us Comments and suggestions are welcome. Hunting is … Tia Lewis has over 22 years of experience assisting clients throughout Central Oregon in the areas of real estate, land use, permitting and due ‎diligence. (v) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695 (License required to perform sewage disposal services), 459.205 (Permit required), 468B.050 (Water quality permit), 468B.053 (Alternatives to obtaining water quality permit) or 468B.055 (Plans and specifications for disposal, treatment and sewerage systems), or in compliance with rules adopted under ORS 468B.095 (Use of sludge on agricultural, horticultural or silvicultural land), and as provided in ORS 215.246 (Approval of land application of certain substances) to 215.251 (Relationship to other farm uses), the land application of reclaimed water, agricultural or industrial process water or biosolids, or the onsite treatment of septage prior to the land application of 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. (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. 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 (Standards for approval of certain uses in exclusive farm use zones) (1). Crook County, Chapter 18.16 Exclusive Farm Use Zone, EFU-1 (Post-Paulina Area) 3. The court concluded that the specific proposed use of the property by the petitioners was not for a private park, but more accurately, for a commercial … Hooper v. Clackamas County, 87 Or App 167, 741 P2d 921 (1987), Sup Ct review denied, Defendant’s kennel opera­tions did not become nonconforming use until county enacted ordinance to prohibit kennel opera­tions in agricultural zone, and were permitted under earlier zoning ordinances because they come within defini­tion of farm use. Dayton Prairie Water Associa­tion v. Yamhill County, 170 Or App 6, 11 P3d 671 (2000), Separate showing of compliance with, or excep­tion to, state land use planning goal dealing with urbaniza­tion is not re­quired in order to allow uses in exclusive farm use zone that are urban in nature but of kinds specifically allowed by statute. (i) Home occupations as provided in ORS 215.448 (Home occupations). A renewable energy facility as defined in ORS 215.446 (Renewable energy facility) may be established as a commercial utility facility. Deschutes County has been exploring proposals to change the land use laws in Central Oregon to allow more intensive uses. K. Agri-tourism and other commercial events and activities subject to DCC 18.16.042. (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. These include the following: EFU-1 (Post-Paulina Area), lands which primarily include large grazing lands bordered to the north by property zoned for forest use, extending east to Wheeler County, to the south and east to Deschutes County and by residential development near Juniper Canyon to the north and … Deschutes County supports HB 2222-3 to provide a path forward to legislatively re-evaluate and accurately designate agricultural lands in the County through a comprehensive and public process. (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. 3.3.3 EFU Statute/Ordinances Nonfarm Uses Dwellings. (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. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (Goal exceptions) (2)(a) or (b). the County and to establish criteria and standards for farm use and related supportive uses which are deemed appropriate. According to the agricultural lands outreach program matrix , Deschutes County supports discussions with the state to amend the law and allow ADU construction. F:\GROUP\COMMDEV\PLANNING\Zoning Ordinance Current\2-10-16 to current\CHAPTER 136 (2018 Update).doc 136-2 136.010. acre property in the Exclusive Farm Use (EFU) Zone. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied, Statutory scheme es­tab­lishing LCDC and granting it authority to es­tab­lish state-wide land use planning goals does not unconstitu­tionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. The Redmond City Council unanimously recommended 5,664 acres EXCLUSIVE FARM USE ZONING DISTRICT – definition (in map at right EFU land is represented in white) The Exclusive Farm Use Zoning District protects farm lands in Multnomah County, pursuant to Statewide Planning Program Goal 3 related to Farm Lands. Title LUBA Headnotes Section 3.4.2 Author dhembre Created Date 4/8/2010 1:36:21 PM Clatsop County’s Land Use Planning Division provides zoning information for properties outside of urban growth boundaries and city limits including rural service areas, such as Arch Cape, Jeffers Gardens, Knappa-Svensen and Miles Crossing.Zoning information is available on Web Maps or by contacting the Land Use Planning office at (503) 325-8611 Monday through Friday from 8 a.m. to 5 p.m. Mainly these proposals would have allowed high-density housing. Some think EFU should allow intensive development. Prohibits county from allowing lot or parcel division so that ADU is on a different parcel than the primary dwelling or allowing more than one ADU on the same parcel; 10. Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Uses permitted condi­tionally under this sec­tion and ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) cannot be absolutely prohibited by ORS 215.243 (Agricultural land use policy), rather, when possible, effect must be given to both statutory pro­vi­sions. Find other city and county zoning maps here at ZoningPoint. 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. 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