(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 (Zoning ordinances establishing exclusive farm use zones) (2). we’re lowering the cost of legal services and increasing Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Promo­tional and fee-based activities that take place outside farm stand structure are permitted in area zoned for exclusive farm use and include outdoor farm-to-plate dinners. County, 70 Or LUBA 325 (2014). (1) Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. 0 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. %PDF-1.5 %���� (g) Commercial utility facilities for the purpose of generating power for public use by sale. 3.3.3 EFU Statute/Ordinances Nonfarm Uses Dwellings. Where a planning commission almost – entirely relied on the EFU zoning statutes to find that a permit applicant inadequately considered alternatives to a 1183 0 obj <> endobj [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 (Dwelling not in conjunction with farm use) 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 c.816 §2; 1999 c.935 §22; 2001 c.149 §§2,3; 2001 c.488 §§2,3; 2001 c.5 44 §§1,2; 2001 c.613 §§8,9; 2001 c.676 §§2,3; 2001 c.757 §§2,3; 2001 c.941 §§2,3; 2003 c.247 §3; 2005 c.22 §163; 2005 c.354 §4; 2005 c.609 §26; 2005 c.625 §76; 2005 c.693 §3; 2005 c.737 §1; 2007 c.71 §72; 2007 c.541 §2; 2007 c.739 §36; 2009 c.850 §2; 2011 c.459 §3; 2011 c.462 §2; 2011 c.567 §2; 2011 c.679 §8; 2012 c.74 §3; 2013 c.197 §2; 2013 c.242 §4; 2013 c.462 §§5,8; 2017 c.148 §§3,4; 2017 c.253 §§5,6; 2017 c.393 §§1,2; 2017 c.504 §§5,6; 2018 c.119 §§3,4; 2019 c.244 §§5,6; 2019 c.270 §§3,4; 2019 c.410 §§8,9; 2019 c.440 §7; 2019 c.650 §§7,8], Accessory dwelling for farmer’s relative whose assistance in managing farm was re­quired by farmer could be permitted if farmer remained significantly involved in farm opera­tions although relative assumed primary responsibility for managing farm. %%EOF 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. APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97701 PROPERTY N/A OWNER: REQUEST: 1) Text amendment to Comprehensive Plan, Chapter 2, Section 2.2 and Chapter 3, Section 3.3, recognizing non-resource lands process allowed under State law to change Exclusive Farm Use zoning; 2) Text Farmland in Oregon is protected through Exclusive Farm Use (EFU) zoning. (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. However, the temporary structures must be removed at the end of the agri-tourism or other event or activity. A local government may adopt an exception for nongoal uses of specific properties in the government’s statewide goal inventory if certain requirements are met. 17.136.020 Permitted uses. (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. of County Commrs., applica­tion to county governing bodies and planning com­mis­sions, (1974) Vol 36, p 960; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894, Join thousands of people who receive monthly site Find other city and county zoning maps here at ZoningPoint. Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Uses that “may be permitted” in exclusive farm use zone are uses as of right not subject to addi­tional local govern­ment restric­tion. These facilities are intended to be only portable or temporary in nature. T. State or Regional Park uses listed in a County-approved Master Plan. (u) Room and board arrangements for a maximum of five unrelated persons in existing residences. 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. (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. The Pendleton –Pilot Rock Area has EFU-20 zoning. Where words or terms are defined by … Title LUBA Headnotes Section 3.4.2 Author dhembre Created Date 4/8/2010 1:36:21 PM Non-farm dwellings generally create conflicts with accepted agricultural practices. (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 (Standards for approval of certain uses in exclusive farm use zones); (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. Mainly these proposals would have allowed high-density housing. (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. (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. The measure does something else. 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). (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. Current and two prior years farm use, and must meet gross income requirements for 3 of last 5 years. Allows county to require the ADU to be served by the same water source as the primary dwelling and meet required setbacks; and. The intent of purpose of this ordinance is to promote the public health, safety and qeneral welfare and to carry out the Deschutes County (q) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Gen. STAFF CONTACT: Jacob Ripper, Associate Planner I. APPLICABLE CRITERIA Title 18 of the Deschutes County Code (DCC), County Zoning Chapter 18.16, Exclusive Farm The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. 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: (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 (Standards for approval of certain uses in exclusive farm use zones); (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. (u) Utility facility service lines. 1 Urban area plan and zoning ends, and county EFU zoning begins, subject to DCC Title 18. (m) Creation, restoration or enhancement of wetlands. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. (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. The Redmond City Council unanimously recommended 5,664 acres (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. (z) A farm brewery, as described in ORS 215.449 (Farm brewery). This EFU District is provided to meet the Oregon statutory and administrative rule requirements. Rural land usually falls under the jurisdiction of the local county government. Under Deschutes County’s comprehensive plan, all lands that meet the definition of agricultural land must be zoned Exclusive Farm Use (EFU). Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Where language describing use permitted as of right employs inexact or delegative terms to describe limita­tions, agency may interpret limits by rule. Find other city and county zoning maps here at ZoningPoint. Deschutes County, Chapter 18.16 Exclusive Farm Use Zones 4. PL -15 THE COUNTY OF DESCHUTES, OREGON ORDAINS AS FOLLOWS: ARTICLE 1. Deschutes County, 276 Or App 282, 367 P3d 560 (2016) Atty. The Redmond City Council unanimously recommended 5,664 acres for designation as urban reserve to the Deschutes County Board of Commissioners on May 10, 2005. I understand there is some discussion lately about re-defining EFU zones to allow for destination resort development. Deschutes County Senior Transportation Planner. For the purposes of this paragraph, onsite treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580 (“Truck trailer”), during a period of time within which land application of biosolids is authorized under the license, permit or other approval. A public park may be established consistent with the provisions of ORS 195.120 (Rules and planning goal amendments for parks required). No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. 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. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. Deschutes County Considers Zoning Changes Posted: 2019-06-05 08:07:00 by Heather Roberts BEND, OR -- Deschutes County continues to work through a … 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. 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. (o) Residential homes as defined in ORS 197.660 (Definitions), in existing dwellings. 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. 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 (B) All individuals conducting therapeutic or counseling activities are acting within the proper scope of any licenses required by the state. The qualification of farmland for special assessment is determined as of January 1. To accomplish both dreams, my plan is to construct a tiny house on a vacant piece of rural Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284, 19 EL 63 (1988); 26 WLR 398 (1990); 34 WLR 81 (1998); 77 OLR 993 (1998); 36 WLR 441 (2000); 36 EL 25 (2006); 49 WLR 411 (2013), Published notice is adequate if prop­erty owners can reasonably ascertain that prop­erty in which they hold interest may be affected. 1231 0 obj <>stream endstream endobj startxref JEFFERSON COUNTY … endstream endobj 1184 0 obj <. 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. (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. 309) Opinions Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions … 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. Marquam Farms Corp. v. Multnomah County, 147 Or App 368, 936 P2d 990 (1997), Buildings es­tab­lished for listed permitted uses are subject to restric­tions and require­ments of general applica­tion. the County and to establish criteria and standards for farm use and related supportive uses which are deemed appropriate. 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. Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Where proposed use of prop­erty was to rent out lawn for hosting different events including weddings, wedding recep­tions and family reunions, sole purpose of use was not to maintain tract of land for natural enjoy­ment and outdoor recrea­tional use for particular group or class of per­sons but primarily for commercial events, therefore use was outside scope of “private park” as used in this sec­tion. Chapter 18.24 EXCLUSIVE FARM USE ZONE, EFU-3 (POWELL BUTTE AREA) (Repealed by Ord. 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. 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