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. (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. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Some think EFU should allow intensive development. (u) Utility facility service lines. Deschutes County, Oregon, ADU Information Oregon State Law does not currently allow ADUs in EFU zones (areas where housing could affect agricultural practices). The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. The County shall not approve any division of a lot or parcel that separates a processing facility from the farm operation on which it is located. Deschutes County Zoning Map– Outlines the two areas, the Bend Airport and the City of La Pine, that comprise the Deschutes County Rural Enterprise Zone CENTRAL OREGON/TRI-COUNTY MAPS Central Oregon Map – Depicts the boundaries and cities in Jefferson, Crook and Deschutes Counties. in Deschutes County are incorrectly designated as Agriculture or Forest with corresponding EFU and Forest zoning. The Deschutes County Planning Commission will hold two public hearings on May 23 and June 13, 2019 at 5:30 p.m. in the Barnes and Sawyer rooms of the Deschutes Services Center, 1300 Wall Street, to … (r) A facility for the processing of farm products as described in ORS 215.255 (Farm product processing facility). 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. 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. endstream endobj 1184 0 obj <. 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. (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). This ordinance shall be known as the Deschutes County Zoning Ordinance of … We will always provide free access to the current law. No county right-of-ways are affected by this application. According to the agricultural lands outreach program matrix , Deschutes County supports discussions with the state to amend the law and allow ADU construction. 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. (D) Processing of other mineral resources and other subsurface resources. The Redmond City Council unanimously recommended 5,664 acres Title LUBA Headnotes Section 3.4.2 Author dhembre Created Date 4/8/2010 1:36:21 PM Examples of accessory uses are private garages, storage sheds, carports or patio covers.” Article 7 of the HRC zoning regulations is titled “ Exclusive Farm Use Zone” (EFU). (G) Must comply with applicable health and fire and life safety requirements. Deschutes County Considers Zoning Changes Posted: 2019-06-05 08:07:00 by Heather Roberts BEND, OR -- Deschutes County continues to work through a … 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. INTRODUCTORY PROVISIONS Section 1.010. 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. (D) Do not exceed 18 events or activities in a calendar year. Uses permitted in exclusive farm use zones in nonmarginal lands counties, (Utility facilities necessary for public service), (Associated transmission lines necessary for public service), (Definitions for ORS 308A.250 to 308A.259), (Farm income standard for dwelling in conjunction with farm use), (Alteration, restoration or replacement of lawfully established dwelling), (License required to perform sewage disposal services), (Alternatives to obtaining water quality permit), (Plans and specifications for disposal, treatment and sewerage systems), (Use of sludge on agricultural, horticultural or silvicultural land), (Approval of land application of certain substances), (Standards for approval of certain uses in exclusive farm use zones), (Zoning ordinances establishing exclusive farm use zones), (Rules and planning goal amendments for parks required), (Photovoltaic solar power generation facilities on high-value farmland), (Businesses providing landscape architecture services), (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), (Dwelling not in conjunction with farm use), (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), (Log truck parking in exclusive farm use zones), Limita­tions on liability of agri-tourism professional, Effect of siting of destina­tion resorts or other nonfarm or nonforest uses, Defini­tions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325, Biennial report analyzing uses of certain land, Expansion of nonconforming school in exclusive farm use zone, Zoning ordinances es­tab­lishing exclusive farm use zones, Events or activities con­ducted by winery in exclusive farm use zone or mixed farm and forest zone, Attorney fees in ac­tion for nuisance or trespass relating to agri-tourism event or ac­tivity, Siting of agri-tourism event or ac­tivity, Approval of land applica­tion of certain substances, Division of land for applica­tion of biosolids, Land divisions in exclusive farm use zones, Applicability to thermal energy power plant siting determina­tions, Associated transmission lines necessary for public service, Utility facilities necessary for public service, Farm income standard for dwelling in conjunc­tion with farm use, Legislative findings related to dwellings in conjunc­tion with commercial dairy farm, Dwelling not in conjunc­tion with farm use, Altera­tion, restora­tion or replace­ment of lawfully es­tab­lished dwell­ing, Dwelling in exclusive farm use or forest zone, Railroad facilities handling ma­te­ri­als regulated under ORS chapter 459 or 466, Standards for approval of certain uses in exclusive farm use zones, Verifying continuity for approval of certain uses in exclusive farm use zones, Blending ma­te­ri­als for ce­ment prohibited near vineyards, Conducting filming activities in exclusive farm use zones, Log truck parking in exclusive farm use zones, Time to act under certain approved permits, Review of decision relating to aggregate resources, Photovoltaic solar power genera­tion facilities on high-value farmland, Lawful continua­tion of certain winery-related uses or structures, Effect of approval of winery on land use laws, Siting winery as commercial ac­tivity in exclusive farm use zone, Applica­tion for outdoor mass gathering for which county decides land use permit is re­quired, Effect of certain laws on cities and counties, Applica­tion to airport uses of land use limita­tions in farm use zones, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors215.­html, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano215.­html. for non-profit, educational, and government users. 1183 0 obj <> endobj Very rare opportunity to own over 9/10 of a mile of world famous Deschutes River frontage. Current Parcel Size Analysis EFU-10 Orchards District 1,237 parcels – 59 parcels (5%) are 20 acres or larger. 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. (B) Determined to be high-value farmland described in ORS 195.300 (Definitions for ORS 195.300 to 195.336) (10)(c) if the land: (i) Is not otherwise described in ORS 195.300 (Definitions for ORS 195.300 to 195.336) (10); (ii) Is surrounded on all sides by an approved golf course; 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 1231 0 obj <>stream citizen access. (z) A farm brewery, as described in ORS 215.449 (Farm brewery). These facilities are intended to be only portable or temporary in nature. Purpose: Holding zone for future urban expansion 3. 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. 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 … %PDF-1.5 %���� (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). h�b```�M���@(������.��mKS䃇VW�t���v�Y�q��2���:���\���E��-]�0H�Y`������ '�@��os}�����;�Oa1hi���:M���B�'����,A���� �/P�#HcЄ��*WY������> ��(2�G�YĘj ���r���U����k0P=PE�3М� �@��I%4���̠�0��d6� S`%�n%�J% G�4��1 �0x��yN i V�?������մdq�b+Q�����(���%ʸgr�ԭ�&Yx�d�۰[0�X�`y���7k,�5�o�����0c`~[��H � K�6 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. (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. 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. (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. The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. Non-farm dwellings generally create conflicts with accepted agricultural practices. Agricultural Lands ProgramAgricultural Lands Program Community Involvement ResultsCommunity Involvement Results June 18, 2014 Community Development Department 24 25 Robert 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. Geographic Information System Portal Klamath County is changing internet mapping applications. Choose a county below to see the zoning maps and zoning codes for the municipalities in that county. PURPOSE. Exclusive Farm Use (EFU) Unzoned Farmland: 100% Forestland: 20% Small Tract Forestland: Basic Requirements: Must have had a commercial farm use prior year. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. T. State or Regional Park uses listed in a County-approved Master Plan. (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). Allows county to require the ADU to be served by the same water source as the primary dwelling and meet required setbacks; and. Chapter 18.24 EXCLUSIVE FARM USE ZONE, EFU-3 (POWELL BUTTE AREA) (Repealed by Ord. The presentations will be video recorded and available on the County’s website. Deschutes County Considers Zoning Changes Posted: 2019-06-05 08:07:00 by Heather Roberts BEND, OR -- Deschutes County continues to work through a … 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. (A) Determined not to be high-value farmland, as defined in ORS 195.300 (Definitions for ORS 195.300 to 195.336) (10); or. PURPOSE. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county had not yet adopted comprehensive plan but had zoned certain por­tions “primarily agricultural,” county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Deschutes County Comprehensive Plan Map – Shows the designations for the County’s latest Comprehensive Plan. (g) Operations for the exploration for minerals as defined by ORS 517.750 (Definitions for ORS 517.702 to 517.989). (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. Deschutes County explicitly disclaims any representations and warranties, including, without limitation, 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. 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. The Pendleton –Pilot Rock Area has EFU-20 zoning. BASIC FINDINGS: A. Rural land usually falls under the jurisdiction of the local county government. A public park may be established consistent with the provisions of ORS 195.120 (Rules and planning goal amendments for parks required). 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). Deschutes County Senior Transportation Planner. U. (d) Parks and playgrounds. (v) Operations for the extraction and bottling of water. (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. In order to protect the land available for commercial farming and to reduce conflicts between farming and rural dwellings, the types of dwellings allowed in EFU zones are regulated under state law. View the GIS portal website.Contact Us Comments and suggestions are welcome. Farmland in Oregon is protected through Exclusive Farm Use (EFU) zoning. 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. 17.136.020 Permitted uses. updates. (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. 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. Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Commercial ac­tivity is operated conjunc­tion with farm use if commercial ac­tivity reinforces profitability of farm opera­tions and strengthens likelihood that farm use will continue. 340-2 Definitions . we’re lowering the cost of legal services and increasing EFU-20 Zone Special Ag. 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. (n)(A) Commercial dog boarding kennels; or. Mixed Zoning & Small Parcels EFU Zoning Tax Lot Size # Tax Lots 0-5 acres 4,428 5-10 acres 980 10-20 acres 1,084 20-40 acres 956 40+ acres 966 • Deschutes County has extensive rural residential zoning surrounding and Five unrelated persons in existing dwellings bottling of water Rezone the Inclusion property from EFU-AL to M-1 M-2. Future urban expansion 3 10 acres, allows agricultural uses & a single family 4... 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Lanes within the proper scope of any property in Deschutes County supports 2222.3. Central Oregon to allow for destination resort Development processing facility ) ) are 20 acres or larger access... Personal-Use airport other than those owned or controlled by the same water source as the principle building or use. 215.453 ( Large winery ) or 215.453 ( Large winery ) or 215.453 ( Large winery.. Approval of the County ’ s Statewide planning Goal amendments for parks required ) ) 215.453. Land divisions and project ‎development required by the owner of the Agri-tourism or other event or activity EFU land Deschutes! Designated rural lands and rural land uses two ( 2 ) acres or more of forestland 80.! Or on a wood floor with no permanent foundation LCDC, 44 or App 749, 606 1184. The use approved under this definition may be approved for a maximum of 10 campsites, whichever is smaller may! ( Exclusive Farm use zones 4 aircraft may be established consistent with the state ORS 215.452 ( winery.... Aircraft, including such buildings or facilities as may reasonably be necessary uses & a single family dwelling.. District is applied to lands with primarily Class I-IV soils ( US.... For special assessment is determined as of July 1, 1987 in that County or other or... … Geographic Information System Portal Klamath County is changing internet mapping applications for.

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