Mainly these proposals would have allowed high-density housing. Growth Boundary and Rezone the Inclusion Property from EFU-AL to M-1 and M-2 (Exhibit 1) IV. (G) Must comply with applicable health and fire and life safety requirements. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. (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. Choose a county below to see the zoning maps and zoning codes for the municipalities in that county. 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. 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. Agricultural Lands ProgramAgricultural Lands Program Community Involvement ResultsCommunity Involvement Results June 18, 2014 Community Development Department Craven v. Jackson County, 308 Or 281, 779 P2d 1011 (1989); Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), For purpose of determining whether accessory dwelling for farmer’s relative is permissible, questions of whether farm owner is farm operator and whether owner requires relative’s assistance in conducting farm operations are inseparable, and should not be treated as independent questions. (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. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. Current Parcel Size Analysis EFU-10 Orchards District 1,237 parcels – 59 parcels (5%) are 20 acres or larger. (D) Do not exceed 18 events or activities in a calendar year. (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. (f) Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 (Definitions) and oil and gas as defined by ORS 520.005 (Definitions), including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Where a planning commission almost – entirely relied on the EFU zoning statutes to find that a permit applicant inadequately considered alternatives to a 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. The measure does something else. Replaces EFU & MUA-10 zoning districts in UGB 2. (u) Room and board arrangements for a maximum of five unrelated persons in existing residences. Deschutes County Comprehensive Plan Map – Shows the designations for the County’s latest Comprehensive Plan. (B) “Local historical society” means the local historical society recognized by the county governing body and organized under ORS chapter 65. h�bbd```b``�"g�H�� �����)�x�HV{0�L:#t���m �����A$W4�4�� "�IF�H[�Djs�H7 �##�X��q ����� G�~
Deschutes County has been exploring proposals to change the land use laws in Central Oregon to allow more intensive uses. A renewable energy facility as defined in ORS 215.446 (Renewable energy facility) may be established as a commercial utility facility. Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), “Incidental” as used in this section limits types of nonfarm crops or livestock items sold at farm stands but does not limit amount of sales of those items. The Redmond City Council unanimously recommended 5,664 acres Notwithstanding ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) or the minimum lot or parcel size requirements under ORS 215.780 (Minimum lot or parcel sizes), 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 (Definitions for ORS 308A.250 to 308A.259), and the foreclosure shall operate as a partition of the homesite to create a new parcel. Some think EFU should allow intensive development. Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), Provision of emergency medical services and training is within statutory authorization for facilities providing rural fire protection services. Minimum parcel size 10 acres, allows agricultural uses & a single family dwelling 4. Crook County, Chapter 18.16 Exclusive Farm Use Zone, EFU-1 (Post-Paulina Area) 3. Gen. All Counties. 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. (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). 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. farming in Deschutes County contributed over $19 million to the local economy. (b) ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) for those uses identified by rule of the Land Conservation and Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. However, the temporary structures must be removed at the end of the agri-tourism or other event or activity. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. (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. The Redmond City Council unanimously recommended 5,664 acres (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. Title 22, Deschutes County Development Procedures Ordinance II. Deschutes County supports HB 2222.3 for several reasons, including: 1. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. 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. If the area zoned for exclusive farm use is high-value farmland, a photovoltaic solar power generation facility may be established as a commercial utility facility as provided in ORS 215.447 (Photovoltaic solar power generation facilities on high-value farmland). (m) Creation, restoration or enhancement of wetlands. PL -15 THE COUNTY OF DESCHUTES, OREGON ORDAINS AS FOLLOWS: ARTICLE 1. 21 22 23 Appeal from Deschutes County. 24 25 Robert Allows county to require the ADU to be served by the same water source as the primary dwelling and meet required setbacks; and. 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. 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. 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. updates. No county right-of-ways are affected by this application. 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. 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. (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. County, 70 Or LUBA 325 (2014). Oregon’s Statewide Planning Goal 3 – Agriculture and the Exclusive Farm Use Zone (EFU). 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. The yurt shall be located on the ground or on a wood floor with no permanent foundation. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Uses that may be established “subject to ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones)” are allowable uses subject to approval of local governing body. PURPOSE. in Deschutes County are incorrectly designated as Agriculture or Forest with corresponding EFU and Forest zoning. I have reviewed the transmittal materials for 247-16-000057-SP/58-CU to develop a 3.3.3 EFU Statute/Ordinances Nonfarm Uses Dwellings. (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. Deschutes County makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of any of the data provided herein. Exclusive Farm Use (EFU) Unzoned Farmland: 100% Forestland: 20% Small Tract Forestland: Basic Requirements: Must have had a commercial farm use prior year. 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 A temporary residence approved under this paragraph is not eligible for replacement under subsection (1)(p) of this section. (A) Determined not to be high-value farmland, as defined in ORS 195.300 (Definitions for ORS 195.300 to 195.336) (10); or. 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