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 Contact Bruce Fichtman at 541-883-5158 or by email. (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. Exclusive Farm Use (EFU) Unzoned Farmland: 100% Forestland: 20% Small Tract Forestland: Basic Requirements: Must have had a commercial farm use prior year. (cc) Guest ranches in eastern Oregon, as described in ORS 215.461 (Guest ranch). Through social entre­pre­neurship, The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. 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. 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. 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 measure does something else. Dayton Prairie Water Associa­tion v. Yamhill County, 170 Or App 6, 11 P3d 671 (2000), Separate showing of compliance with, or excep­tion to, state land use planning goal dealing with urbaniza­tion is not re­quired in order to allow uses in exclusive farm use zone that are urban in nature but of kinds specifically allowed by statute. 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. Deschutes County Road Department. 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). Find other city and county zoning maps here at ZoningPoint. 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. Deschutes County has been exploring proposals to change the land use laws in Central Oregon to allow more intensive uses. A utility facility necessary for public service may be established as provided in: (A) ORS 215.275 (Utility facilities necessary for public service); or. 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. 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 … (p) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291 (Alteration, restoration or replacement of lawfully established dwelling). JEFFERSON COUNTY … Her practice includes all aspects of ‎development permitting and approval, from conceptual approval through land divisions and project ‎development. The URA adoption process met state land use and transportation regulations. (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. Current Parcel Size Analysis EFU-10 Orchards District 1,237 parcels – 59 parcels (5%) are 20 acres or larger. Very rare opportunity to own over 9/10 of a mile of world famous Deschutes River frontage. 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. 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 Youth camps as provided in OAR 660-006-0031. All Counties. 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 … 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. Find the zoning of any property in Deschutes County with this Deschutes County Zoning Map and Zoning Code. Deschutes County’s Comprehensive Plan policies, maps, TSP, and zoning codes. Growth Boundary and Rezone the Inclusion Property from EFU-AL to M-1 and M-2 (Exhibit 1) IV. 11. 1 Urban area plan and zoning ends, and county EFU zoning begins, subject to DCC Title 18. 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. Opinions Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions … Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. Crook County, Chapter 18.16 Exclusive Farm Use Zone, EFU-1 (Post-Paulina Area) 3. (n)(A) Commercial dog boarding kennels; or. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. 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. K. Agri-tourism and other commercial events and activities subject to DCC 18.16.042. 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. Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Uses that “may be permitted” in exclusive farm use zone are uses as of right not subject to addi­tional local govern­ment restric­tion. Title LUBA Headnotes Section 3.4.2 Author dhembre Created Date 4/8/2010 1:36:21 PM I have reviewed the transmittal materials for 247-16-000057-SP/58-CU to develop a Allows county to require the ADU to be served by the same water source as the primary dwelling and meet required setbacks; and. Only these 59 parcels could be divided Geographic Information System Portal Klamath County is changing internet mapping applications. 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. See Building on Vacant Land: Zoning Issues You Might Face for a basic explanation of zoning. (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). Deschutes County, 276 Or App 282, 367 P3d 560 (2016) Atty. Purpose: Holding zone for future urban expansion 3. This stretch of the middle Deschutes has stunning scenery, abundant wildlife, rainbow and brown trout and crystal clear water. Friends of Parrett Mountain v. Northwest Natural Gas Co., 336 Or 93, 79 P3d 869 (2003), Enact­ment of ORS 215.452 (Winery) and 2010 changes to that statute do not preclude wineries from being es­tab­lished, subject to approval of governing body, in exclusive farm use zone if winery is operated in conjunc­tion with farm use. To accomplish both dreams, my plan is to construct a tiny house on a vacant piece of rural If land is in an EFU zone and is used primarily to make a profit by farming, it qualifies for special farm-use assessment. Marquam Farms Corp. v. Multnomah County, 147 Or App 368, 936 P2d 990 (1997), Buildings es­tab­lished for listed permitted uses are subject to restric­tions and require­ments of general applica­tion. (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. 12 DESCHUTES COUNTY, ) 13 ) FINAL OPINION 14 Respondent, ) AND ORDER 15 ) 16 and ) 17 ) 18 J BAR J YOUTH SERVICES, INC., ) 19 ) 20 Intervenor-Respondent. ) (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. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. (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: (B) Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or. T. State or Regional Park uses listed in a County-approved Master Plan. Mainly these proposals would have allowed high-density housing. I also think it would be fun to build a tiny house. The result will be accurately designated rural lands and rural land uses. (B) “Local historical society” means the local historical society recognized by the county governing body and organized under ORS chapter 65. 309) (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. 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 Just a little west of Dog Lake in Lake County. 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. 3.1 EFU Statute/Ordinances Generally. (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. The presentations will be video recorded and available on the County’s website. 340-2 Definitions . As used in this paragraph: (A) “Living history museum” means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and. 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. (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 lanes, where no removal or displacement of buildings would occur, or no new land parcels result. Minimum parcel size 10 acres, allows agricultural uses & a single family dwelling 4. (b) Limit its review to events and activities authorized by the permit, conformance with conditions of approval required by the permit and the standards established by subsection (4)(d) of this section. for non-profit, educational, and government users. (B) Dog training classes or testing trials that cannot be established under subsection (1)(x) of this section. 17.136.020 Permitted uses. 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. (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. 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. (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. Deschutes County Considers Zoning Changes Posted: 2019-06-05 08:07:00 by Heather Roberts BEND, OR -- Deschutes County continues to work through a … Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Commercial ac­tivity is operated conjunc­tion with farm use if commercial ac­tivity reinforces profitability of farm opera­tions and strengthens likelihood that farm use will continue. A temporary residence approved under this paragraph is not eligible for replacement under subsection (1)(p) of this section. Upon request of a county governing body, the Land Conservation and Development Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in a county if the commission determines that the increase will comply with the standards described in ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) (1). 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 (1) Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. The Pendleton –Pilot Rock Area has EFU-20 zoning. A public park may be established consistent with the provisions of ORS 195.120 (Rules and planning goal amendments for parks required). ESTABLISHMENT OF ZONING REGULATIONS] FOR PORTIONS OF THE UNINCORPORATED J AREA OF DESCHUTES COUNTY, OREGON J ZONING ORDINANCE NO. farming in Deschutes County contributed over $19 million to the local economy. (w) Expansion of existing county fairgrounds and activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210 (County fairs). 17.136.030 Dwellings permitted subject to standards. The Redmond City Council unanimously recommended 5,664 acres EFU-20 Zone Special Ag. 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. Deschutes County supports HB 2222.3 for several reasons, including: 1. (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. A second public hearing was 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. (G) Must comply with applicable health and fire and life safety requirements. (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. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. 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