Bill Text: OR SB960 | 2011 | Regular Session | Enrolled
Bill Title: Relating to uses on lands zoned for exclusive farm use; and declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-06-30 - Effective date, June 28, 2011. [SB960 Detail]
Download: Oregon-2011-SB960-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 960
Sponsored by Senator THOMSEN (at the request of Association of
Oregon Counties, Oregon Farm Bureau)
CHAPTER ................
AN ACT
Relating to uses on lands zoned for exclusive farm use; creating
new provisions; amending ORS 197.015, 215.213, 215.246, 215.283
and 215.296; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.213 is amended to read:
215.213. (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) 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
Enrolled Senate Bill 960 (SB 960-A) Page 1
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.
(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
Enrolled Senate Bill 960 (SB 960-A) Page 2
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
Enrolled Senate Bill 960 (SB 960-A) Page 3
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 canals, delivery lines and those structures and
accessory operational 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
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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
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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
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(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:
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(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:
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(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;
Enrolled Senate Bill 960 (SB 960-A) Page 9
(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.
Enrolled Senate Bill 960 (SB 960-A) Page 10
(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. + }
SECTION 2. ORS 215.283 is amended to read:
215.283. (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) 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
Enrolled Senate Bill 960 (SB 960-A) Page 11
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.
(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
Enrolled Senate Bill 960 (SB 960-A) Page 12
(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 canals, delivery lines and those structures and
accessory operational 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
Enrolled Senate Bill 960 (SB 960-A) Page 13
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.
Enrolled Senate Bill 960 (SB 960-A) Page 14
(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
Enrolled Senate Bill 960 (SB 960-A) Page 15
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
Enrolled Senate Bill 960 (SB 960-A) Page 16
(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
Enrolled Senate Bill 960 (SB 960-A) Page 17
(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
Enrolled Senate Bill 960 (SB 960-A) Page 18
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. + }
SECTION 3. { + 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. + }
SECTION 4. { + 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. + }
SECTION 5. { + 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. + }
SECTION 6. { + (1)(a) A use or structure in an area zoned for
exclusive farm use that exists on the effective date of this 2011
Act may be lawfully continued, altered, restored or replaced
pursuant to ORS 215.130 if the use or structure is located on the
same tract, as defined in ORS 215.010, as a winery established
under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more
than 250,000 gallons of wine in calendar year 2010.
(b) This subsection does not affect the lawful continuation,
alteration, restoration or expansion of the winery sited on the
same tract.
(2) A winery established under ORS 215.213 (1)(p) or 215.283
(1)(n) that produced more than 150,000 gallons and not more than
250,000 gallons of wine in calendar year 2010 does not require a
permit under ORS 215.213 (2)(c) or 215.283 (2)(a). However, the
Enrolled Senate Bill 960 (SB 960-A) Page 19
winery must comply with all provisions of ORS 215.452 except the
annual production requirements. + }
SECTION 7. ORS 197.015 is amended to read:
197.015. As used in ORS chapters 195, 196 and 197, unless the
context requires otherwise:
(1) 'Acknowledgment' means a commission order that certifies
that a comprehensive plan and land use regulations, land use
regulation or plan or regulation amendment complies with the
goals or certifies that Metro land use planning goals and
objectives, Metro regional framework plan, amendments to Metro
planning goals and objectives or amendments to the Metro regional
framework plan comply with the goals.
(2) 'Board' means the Land Use Board of Appeals.
(3) 'Carport' means a stationary structure consisting of a roof
with its supports and not more than one wall, or storage cabinet
substituting for a wall, and used for sheltering a motor vehicle.
(4) 'Commission' means the Land Conservation and Development
Commission.
(5) 'Comprehensive plan' means a generalized, coordinated land
use map and policy statement of the governing body of a local
government that interrelates all functional and natural systems
and activities relating to the use of lands, including but not
limited to sewer and water systems, transportation systems,
educational facilities, recreational facilities, and natural
resources and air and water quality management programs. '
Comprehensive' means all-inclusive, both in terms of the
geographic area covered and functional and natural activities and
systems occurring in the area covered by the plan. 'General
nature' means a summary of policies and proposals in broad
categories and does not necessarily indicate specific locations
of any area, activity or use. A plan is 'coordinated' when the
needs of all levels of governments, semipublic and private
agencies and the citizens of Oregon have been considered and
accommodated as much as possible. 'Land' includes water, both
surface and subsurface, and the air.
(6) 'Department' means the Department of Land Conservation and
Development.
(7) 'Director' means the Director of the Department of Land
Conservation and Development.
(8) 'Goals' means the mandatory statewide land use planning
standards adopted by the commission pursuant to ORS chapters 195,
196 and 197.
(9) 'Guidelines' means suggested approaches designed to aid
cities and counties in preparation, adoption and implementation
of comprehensive plans in compliance with goals and to aid state
agencies and special districts in the preparation, adoption and
implementation of plans, programs and regulations in compliance
with goals. Guidelines shall be advisory and shall not limit
state agencies, cities, counties and special districts to a
single approach.
(10) 'Land use decision':
(a) Includes:
(A) A final decision or determination made by a local
government or special district that concerns the adoption,
amendment or application of:
(i) The goals;
(ii) A comprehensive plan provision;
(iii) A land use regulation; or
(iv) A new land use regulation;
Enrolled Senate Bill 960 (SB 960-A) Page 20
(B) A final decision or determination of a state agency other
than the commission with respect to which the agency is required
to apply the goals; or
(C) A decision of a county planning commission made under ORS
433.763;
(b) Does not include a decision of a local government:
(A) That is made under land use standards that do not require
interpretation or the exercise of policy or legal judgment;
(B) That approves or denies a building permit issued under
clear and objective land use standards;
(C) That is a limited land use decision;
(D) That determines final engineering design, construction,
operation, maintenance, repair or preservation of a
transportation facility that is otherwise authorized by and
consistent with the comprehensive plan and land use regulations;
(E) That is an expedited land division as described in ORS
197.360;
(F) That approves, pursuant to ORS 480.450 (7), the siting,
installation, maintenance or removal of a liquefied petroleum gas
container or receptacle regulated exclusively by the State Fire
Marshal under ORS 480.410 to 480.460;
(G) That approves or denies approval of a final subdivision or
partition plat or that determines whether a final subdivision or
partition plat substantially conforms to the tentative
subdivision or partition plan; or
(H) That a proposed state agency action subject to ORS 197.180
(1) is compatible with the acknowledged comprehensive plan and
land use regulations implementing the plan, if:
(i) The local government has already made a land use decision
authorizing a use or activity that encompasses the proposed state
agency action;
(ii) The use or activity that would be authorized, funded or
undertaken by the proposed state agency action is allowed without
review under the acknowledged comprehensive plan and land use
regulations implementing the plan; or
(iii) The use or activity that would be authorized, funded or
undertaken by the proposed state agency action requires a future
land use review under the acknowledged comprehensive plan and
land use regulations implementing the plan;
(c) Does not include a decision by a school district to close a
school;
(d) Does not include { + , except as provided in ORS 215.213
(13)(c) or 215.283 (6)(c), + } authorization of an outdoor mass
gathering as defined in ORS 433.735, or other gathering of fewer
than 3,000 persons that is not anticipated to continue for more
than 120 hours in any three-month period; and
(e) Does not include:
(A) A writ of mandamus issued by a circuit court in accordance
with ORS 215.429 or 227.179;
(B) Any local decision or action taken on an application
subject to ORS 215.427 or 227.178 after a petition for a writ of
mandamus has been filed under ORS 215.429 or 227.179; or
(C) A state agency action subject to ORS 197.180 (1), if:
(i) The local government with land use jurisdiction over a use
or activity that would be authorized, funded or undertaken by the
state agency as a result of the state agency action has already
made a land use decision approving the use or activity; or
(ii) A use or activity that would be authorized, funded or
undertaken by the state agency as a result of the state agency
action is allowed without review under the acknowledged
Enrolled Senate Bill 960 (SB 960-A) Page 21
comprehensive plan and land use regulations implementing the
plan.
(11) 'Land use regulation' means any local government zoning
ordinance, land division ordinance adopted under ORS 92.044 or
92.046 or similar general ordinance establishing standards for
implementing a comprehensive plan.
(12) 'Limited land use decision':
(a) Means a final decision or determination made by a local
government pertaining to a site within an urban growth boundary
that concerns:
(A) The approval or denial of a tentative subdivision or
partition plan, as described in ORS 92.040 (1).
(B) The approval or denial of an application based on
discretionary standards designed to regulate the physical
characteristics of a use permitted outright, including but not
limited to site review and design review.
(b) Does not mean a final decision made by a local government
pertaining to a site within an urban growth boundary that
concerns approval or denial of a final subdivision or partition
plat or that determines whether a final subdivision or partition
plat substantially conforms to the tentative subdivision or
partition plan.
(13) 'Local government' means any city, county or metropolitan
service district formed under ORS chapter 268 or an association
of local governments performing land use planning functions under
ORS 195.025.
(14) 'Metro' means a metropolitan service district organized
under ORS chapter 268.
(15) 'Metro planning goals and objectives' means the land use
goals and objectives that a metropolitan service district may
adopt under ORS 268.380 (1)(a). The goals and objectives do not
constitute a comprehensive plan.
(16) 'Metro regional framework plan' means the regional
framework plan required by the 1992 Metro Charter or its separate
components. Neither the regional framework plan nor its
individual components constitute a comprehensive plan.
(17) 'New land use regulation' means a land use regulation
other than an amendment to an acknowledged land use regulation
adopted by a local government that already has a comprehensive
plan and land regulations acknowledged under ORS 197.251.
(18) 'Person' means any individual, partnership, corporation,
association, governmental subdivision or agency or public or
private organization of any kind. The Land Conservation and
Development Commission or its designee is considered a person for
purposes of appeal under ORS chapters 195 and 197.
(19) 'Special district' means any unit of local government,
other than a city, county, metropolitan service district formed
under ORS chapter 268 or an association of local governments
performing land use planning functions under ORS 195.025,
authorized and regulated by statute and includes but is not
limited to water control districts, domestic water associations
and water cooperatives, irrigation districts, port districts,
regional air quality control authorities, fire districts, school
districts, hospital districts, mass transit districts and
sanitary districts.
(20) 'Urban unincorporated community' means an area designated
in a county's acknowledged comprehensive plan as an urban
unincorporated community after December 5, 1994.
(21) 'Voluntary association of local governments' means a
regional planning agency in this state officially designated by
Enrolled Senate Bill 960 (SB 960-A) Page 22
the Governor pursuant to the federal Office of Management and
Budget Circular A-95 as a regional clearinghouse.
(22) 'Wetlands' means those areas that are inundated or
saturated by surface or ground water at a frequency and duration
that are sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
SECTION 8. ORS 215.246 is amended to read:
215.246. (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); + }
{ - (C) - } { + (D) + } ORS 215.283 (1)(b), (d), (e), (h)
to (L), (n) to (p), (r), (t) or (u); { - or - }
{ - (D) - } { + (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;
Enrolled Senate Bill 960 (SB 960-A) Page 23
(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).
SECTION 9. ORS 215.296 is amended to read:
215.296. (1) A use allowed under ORS 215.213 (2) { + or
(11) + } or 215.283 (2) { + or (4) + } may be approved only
where the local governing body or its designee finds that the use
will not:
(a) Force a significant change in accepted farm or forest
practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest
practices on surrounding lands devoted to farm or forest use.
(2) An applicant for a use allowed under ORS 215.213 (2)
{ + or (11) + } or 215.283 (2) { + or (4) + } may demonstrate
that the standards for approval set forth in subsection (1) of
this section will be satisfied through the imposition of
conditions. Any conditions so imposed shall be clear and
objective.
(3) 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:
(a) That a condition imposed pursuant to subsection (2) of this
section has been violated;
(b) That the violation has:
(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
(c) That the complainant is adversely affected by the
violation.
(4) Upon receipt of a complaint filed under this section or ORS
215.218, the local governing body or its designee shall:
(a) Forward the complaint to the operator of the use;
(b) Review the complaint in the manner set forth in ORS 215.402
to 215.438; and
(c) Determine whether the allegations made in a complaint filed
under this section or ORS 215.218 are true.
Enrolled Senate Bill 960 (SB 960-A) Page 24
(5) Upon a determination that the allegations made in a
complaint are true, the local governing body or its designee at a
minimum shall notify the violator that a violation has occurred,
direct the violator to correct the conditions that led to the
violation within a specified time period and warn the violator
against the commission of further violations.
(6) If the conditions that led to a violation are not corrected
within the time period specified pursuant to subsection (5) of
this section, or if there is a determination pursuant to
subsection (4) of this section following the receipt of a second
complaint that a further violation has occurred, the local
governing body or its designee at a minimum shall assess a fine
against the violator.
(7) If the conditions that led to a violation are not corrected
within 30 days after the imposition of a fine pursuant to
subsection (6) of this section, or if there is a determination
pursuant to subsection (4) of this section following the receipt
of a third or subsequent complaint that a further violation has
occurred, the local governing body or its designee shall at a
minimum order the suspension of the use until the violator
corrects the conditions that led to the violation.
(8) If a use allowed under ORS 215.213 (2) { + or (11) + } or
215.283 (2) { + or (4) + } is initiated without prior approval
pursuant to subsection (1) of this section, the local governing
body or its designee at a minimum shall notify the user that
prior approval is required, direct the user to apply for approval
within 21 days and warn the user against the commission of
further violations. If the user does not apply for approval
within 21 days, the local governing body or its designee shall
order the suspension of the use until the user applies for and
receives approval. If there is a determination pursuant to
subsection (4) of this section following the receipt of a
complaint that a further violation occurred after approval was
granted, the violation shall be deemed a second violation and the
local governing body or its designee at a minimum shall assess a
fine against the violator.
(9)(a) The standards set forth in subsection (1) of this
section do not apply to farm or forest uses conducted within:
(A) Lots or parcels with a single-family residential dwelling
approved under ORS 215.213 (3), 215.284 (1), (2), (3), (4) or (7)
or 215.705;
(B) An exception area approved under ORS 197.732; or
(C) An acknowledged urban growth boundary.
(b) A person residing in a single-family residential dwelling
which was approved under ORS 215.213 (3), 215.284 (1), (2), (3),
(4) or (7) or 215.705, which is within an exception area approved
under ORS 197.732 or which is within an acknowledged urban growth
boundary may not file a complaint under subsection (3) of this
section.
(10) { - Nothing in - } This section { - shall - }
{ + does not + } prevent a local governing body approving a use
allowed under ORS 215.213 (2) { + or (11) + } or 215.283 (2)
{ + or (4) + } from establishing standards in addition to those
set forth in subsection (1) of this section or from imposing
conditions to { - insure - } { + ensure + } conformance with
{ - such - } { + the + } additional standards.
SECTION 10. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
Enrolled Senate Bill 960 (SB 960-A) Page 25
----------
Passed by Senate June 2, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 17, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 960 (SB 960-A) Page 26
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 960 (SB 960-A) Page 27
