A local government may adopt an exception for nongoal uses of specific properties in the government’s statewide goal inventory if certain requirements are met. (D) Processing of other mineral resources and other subsurface resources. 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. Cox v. Polk County, 174 Or App 332, 25 P3d 970 (2001), Sup Ct review denied, Fire service facility has purpose of “providing rural fire protec­tion services” if predominant area served by facility is rural. The yurt shall be located on the ground or on a wood floor with no permanent foundation. Across the state, EFU parcels were allowed to be no smaller than 80 acres. APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97701 PROPERTY N/A OWNER: REQUEST: 1) Text amendment to Comprehensive Plan, Chapter 2, Section 2.2 and Chapter 3, Section 3.3, recognizing non-resource lands process allowed under State law to change Exclusive Farm Use zoning; 2) Text All Counties. 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. (C) The property to be served by the utility. (h) Personal-use airports for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. (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 (Issuance of permits) by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. Contact Bruce Fichtman at 541-883-5158 or by email. 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 Where a planning commission almost – entirely relied on the EFU zoning statutes to find that a permit applicant inadequately considered alternatives to a (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. Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Proposed activities on farm prop­erty is basis for determining whether relative’s assistance is re­quired. A public park may be established consistent with the provisions of ORS 195.120 (Rules and planning goal amendments for parks required). Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Require­ment that utility facility be “necessary” for pro­vi­sion of service refers only to need to site facility in exclusive farm use zone instead of nonfarmland site, not to selec­tion of facility as means of providing service. Jackson County Citizens’ League v. Jackson County, 171 Or App 149, 15 P3d 42 (2000), “Public or private school” is restrictive term that does not include broad range of places of learning. A utility facility necessary for public service may be established as provided in: (A) ORS 215.275 (Utility facilities necessary for public service); or. (t) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. 1 Urban area plan and zoning ends, and county EFU zoning begins, subject to DCC Title 18. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. (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 (Definitions for ORS 162.135 to 162.205). Only these 59 parcels could be divided Current and two prior years farm use, and must meet gross income requirements for 3 of last 5 years. A temporary residence approved under this paragraph is not eligible for replacement under subsection (1)(p) of this section. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. EFU-1 (Post-Paulina Area), lands which primarily include large grazing lands bordered to the north by property zoned for forest use, extending east to Wheeler County, to the south and east to Deschutes County and by residential (B) Dog training classes or testing trials that cannot be established under subsection (1)(x) of this section. To accomplish both dreams, my plan is to construct a tiny house on a vacant piece of rural (x) Dog training classes or testing trials, which may be conducted outdoors or in preexisting farm buildings, when: (A) The number of dogs participating in training does not exceed 10 dogs per training class and the number of training classes to be held on-site does not exceed six per day; and. 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. Tia Lewis has over 22 years of experience assisting clients throughout Central Oregon in the areas of real estate, land use, permitting and due ‎diligence. Oregon’s Statewide Planning Goal 3 – Agriculture and the Exclusive Farm Use Zone (EFU). However, the temporary structures must be removed at the end of the agri-tourism or other event or activity. Minimum parcel size 10 acres, allows agricultural uses & a single family dwelling 4. (x) A living history museum related to resource based activities owned and operated by a governmental agency or a local historical society, together with limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one quarter mile of an urban growth boundary. The measure does something else. (G) The agri-tourism or other commercial event or activity complies with conditions established for: (iii) A traffic management plan that identifies the projected number of vehicles and any anticipated use of public roads; and. 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. 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. 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 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. A second public hearing was %%EOF Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), “Structures” means something built or constructed for permanent or temporary use or occupancy by members of public and use and design limita­tions on structures apply to tents, canopies, portable viewing platforms, food cards and ticket kiosks. Deschutes County’s Comprehensive Plan policies, maps, TSP, and zoning codes. (v) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695 (License required to perform sewage disposal services), 459.205 (Permit required), 468B.050 (Water quality permit), 468B.053 (Alternatives to obtaining water quality permit) or 468B.055 (Plans and specifications for disposal, treatment and sewerage systems), or in compliance with rules adopted under ORS 468B.095 (Use of sludge on agricultural, horticultural or silvicultural land), and as provided in ORS 215.246 (Approval of land application of certain substances) to 215.251 (Relationship to other farm uses), the land application of reclaimed water, agricultural or industrial process water or biosolids, or the onsite treatment of septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone under this chapter. Deschutes County’s Comprehensive Plan policies, maps, TSP, and zoning codes. Find the zoning of any property in Deschutes County with this Deschutes County Zoning Map and Zoning Code. (v) Operations for the extraction and bottling of water. 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. In addition, County planning staff will present a history of agricultural land use planning and zoning in Deschutes County. (h) Climbing and passing lanes within the right of way existing as of July 1, 1987. endstream endobj startxref the County and to establish criteria and standards for farm use and related supportive uses which are deemed appropriate. – – As a marginal lands county, Lane County is expressly authorized to apply ORS 215.213(3) in approving a nonfarm dwelling on nonhigh value farmland in the Willamette Valley. Crook County applies three EFU zones to lands designated as agriculture in the comprehensive plan. Non-farm dwellings generally create conflicts with accepted agricultural practices. (g) Operations for the exploration for minerals as defined by ORS 517.750 (Definitions for ORS 517.702 to 517.989). TITLE. Chapter 17.136 EFU (EXCLUSIVE FARM USE) ZONE Revised 3/19 Sections: 17.136.010 Purpose. 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). Rural land usually falls under the jurisdiction of the local county government. (c) Private parks, playgrounds, hunting and fishing preserves and campgrounds. Farmland in Oregon is protected through Exclusive Farm Use (EFU) zoning. 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. Allows county to require the ADU to be served by the same water source as the primary dwelling and meet required setbacks; and. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284, 19 EL 63 (1988); 26 WLR 398 (1990); 34 WLR 81 (1998); 77 OLR 993 (1998); 36 WLR 441 (2000); 36 EL 25 (2006); 49 WLR 411 (2013), Published notice is adequate if prop­erty owners can reasonably ascertain that prop­erty in which they hold interest may be affected. %PDF-1.5 %���� 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. 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. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. 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. No county right-of-ways are affected by this application. (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. (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. (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. (n)(A) Commercial dog boarding kennels; or. (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. To the Deschutes County Commissioners and Planners- My name is Gigi Meyer and I own Windflower Farm, a 10-acre, mixed-use farm in Alfalfa. (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). Deschutes County Comprehensive Plan Map – Shows the designations for the County’s latest Comprehensive Plan. 3.1 EFU Statute/Ordinances Generally. (1) Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. Under Deschutes County’s comprehensive plan, all lands that meet the definition of agricultural land must be zoned Exclusive Farm Use (EFU). Opinions Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions … (u) Room and board arrangements for a maximum of five unrelated persons in existing residences. 17.136.030 Dwellings permitted subject to standards. (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. Exclusive Farm Use (EFU) Unzoned Farmland: 100% Forestland: 20% Small Tract Forestland: Basic Requirements: Must have had a commercial farm use prior year. 3.3.3 EFU Statute/Ordinances Nonfarm Uses Dwellings. 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. 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. (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 (Standards for approval of certain uses in exclusive farm use zones): (a) Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) (2)(b)(K) or 215.255 (Farm product processing facility). (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. 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 … (D) Do not exceed 18 events or activities in a calendar year. (d) Parks and playgrounds. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. No aircraft may be based on a personal-use airport other than those owned or controlled by the owner of the airstrip. These include the following: EFU-1 (Post-Paulina Area), lands which primarily include large grazing lands bordered to the north by property zoned for forest use, extending east to Wheeler County, to the south and east to Deschutes County and by residential development near Juniper Canyon to the north and … The Pendleton –Pilot Rock Area has EFU-20 zoning. Chapter 18.24 EXCLUSIVE FARM USE ZONE, EFU-3 (POWELL BUTTE AREA) (Repealed by Ord. If the area zoned for exclusive farm use is high-value farmland, a photovoltaic solar power generation facility may be established as a commercial utility facility as provided in ORS 215.447 (Photovoltaic solar power generation facilities on high-value farmland). Just a little west of Dog Lake in Lake County. What the measure will do, if it becomes law, is make it possible to add to the state’s housing stock, and that’s important. 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. farming in Deschutes County contributed over $19 million to the local economy. in Deschutes County are incorrectly designated as Agriculture or Forest with corresponding EFU and Forest zoning. 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. Deschutes County Considers Zoning Changes Posted: 2019-06-05 08:07:00 by Heather Roberts BEND, OR -- Deschutes County continues to work through a … Gen. (z) A landscape contracting business, as defined in ORS 671.520 (Definitions for ORS 671.510 to 671.760), or a business providing landscape architecture services, as described in ORS 671.318 (Businesses providing landscape architecture services), if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. acre property in the Exclusive Farm Use (EFU) Zone. (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. Subscribe. This stretch of the middle Deschutes has stunning scenery, abundant wildlife, rainbow and brown trout and crystal clear water. The Redmond City Council unanimously recommended 5,664 acres for designation as urban reserve to the Deschutes County Board of Commissioners on May 10, 2005. Question I would love to own a piece of property in the Oregon countryside. BASIC FINDINGS: A. T. State or Regional Park uses listed in a County-approved Master Plan. The URA adoption process met state land use and transportation regulations. Hunting is … of County Commrs., applica­tion to county governing bodies and planning com­mis­sions, (1974) Vol 36, p 960; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894, Join thousands of people who receive monthly site Deschutes County, the court examined Oregon Revised Statute 215.283(2)(c) which states in part that “private parks, playgrounds, hunting and fishing preserves and campgrounds” may be established as nonfarm uses on property zoned for exclusive farm use. The Multiple Use Agriculture (MUA) zoning district applies to lands for which an “exception” to Goal 3 (Farm Land) of the Oregon Statewide Planning Program has been justified. (B) “Local historical society” means the local historical society recognized by the county governing body and organized under ORS chapter 65. 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 … See Section 383, State and Regional Park Overlay District. h�bbd```b``�"g�H�� �����)�x�HV{0�L:#t���m �����A$W4�4�� "�IF�H[�Djs�H7 �##�X��q ����� G�~ we’re lowering the cost of legal services and increasing Replaces EFU & MUA-10 zoning districts in UGB 2. EFU-40 Zone West County Irrigation District EFU-20 Zone Special Ag. (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. Such a facility may be approved for a one-year period which is renewable. 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. (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. 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. 340-2 Definitions . According to the agricultural lands outreach program matrix , Deschutes County supports discussions with the state to amend the law and allow ADU construction. PROPOSAL: 1) Text amendment to Comprehensive Plan, Chapter 2, Section 2.2 and Chapter 3, Section 3.3, recognizing non-resource lands process allowed under State law to change Exclusive Farm Use zoning; 2) Text amendment to zoning code providing a AGENDA DESCHUTES COUNTY PLANNING COMMISSION FEBRUARY 13, 2020, 5:30 PM BARNES SAWYER ROOMS DESCHUTES SERVICES CENTER … (p) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291 (Alteration, restoration or replacement of lawfully established dwelling). as the Deschutes County Zoning Ordinance of 1979. Linn County v. Hickey, 98 Or App 100, 778 P2d 509 (1989), Winery with tasting room and related retail ac­tivity constitutes commercial ac­tivity in conjunc­tion with farm use in form of vineyard. The Redmond City Council unanimously recommended 5,664 acres (4) The following agri-tourism and other commercial events or activities that are related to and supportive of agriculture may be established in any area zoned for exclusive farm use: (a) A county may authorize a single agri-tourism or other commercial event or activity on a tract in a calendar year by an authorization that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event or activity meets any local standards that apply and: (A) The agri-tourism or other commercial event or activity is incidental and subordinate to existing farm use on the tract; (B) The duration of the agri-tourism or other commercial event or activity does not exceed 72 consecutive hours; (C) The maximum attendance at the agri-tourism or other commercial event or activity does not exceed 500 people; (D) The maximum number of motor vehicles parked at the site of the agri-tourism or other commercial event or activity does not exceed 250 vehicles; (E) The agri-tourism or other commercial event or activity complies with ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones); (F) The agri-tourism or other commercial event or activity occurs outdoors, in temporary structures, or in existing permitted structures, subject to health and fire and life safety requirements; and. A "combining zone," or sometimes referred to as an “overlay zone,” is a special zoning district, placed over an existing base zone(s), which identifies unique conditions and regulatory standards in addition to those in the underlying base zone. (n) A winery, as described in ORS 215.452 (Winery) or 215.453 (Large winery). 17.136.020 Permitted uses. updates. The Redmond City Council unanimously recommended 5,664 acres Deschutes County’s Comprehensive Plan policies, maps, TSP, and zoning codes. 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). 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