efu zoning deschutes county
Deschutes County’s Comprehensive Plan policies, maps, TSP, and zoning codes. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county had not yet adopted comprehensive plan but had zoned certain portions “primarily agricultural,” county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. (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. (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. Replaces EFU & MUA-10 zoning districts in UGB 2. Just a little west of Dog Lake in Lake County. (n)(A) Commercial dog boarding kennels; or. 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. A renewable energy facility as defined in ORS 215.446 (Renewable energy facility) may be established as a commercial utility facility. (h) Climbing and passing lanes within the right of way existing as of July 1, 1987. 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. Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Uses permitted conditionally under this section and ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) cannot be absolutely prohibited by ORS 215.243 (Agricultural land use policy), rather, when possible, effect must be given to both statutory provisions. The qualification of farmland for special assessment is determined as of January 1. (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. 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. (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. (i) Home occupations as provided in ORS 215.448 (Home occupations). This EFU District is provided to meet the Oregon statutory and administrative rule requirements. (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. Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), “Private park” as used in this section includes low-intensity outdoor recreational use on farm land that has as component natural enjoyment of outdoors and recreational use for particular group or class of persons. 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, 276 Or App 282, 367 P3d 560 (2016) Atty. (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. The intent of purpose of this ordinance is to promote the public health, safety and qeneral welfare and to carry out the Deschutes County BASIC FINDINGS: A. (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. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. 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. 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. 309) View the GIS portal website.Contact Us Comments and suggestions are welcome. 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. A second public hearing was (1) Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. 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. To qualify, your land must currently be used, and have been used in the previous year exclusively for farm use (see farm use definition below). (u) Room and board arrangements for a maximum of five unrelated persons in existing residences. Examples of accessory uses are private garages, storage sheds, carports or patio covers.” Article 7 of the HRC zoning regulations is titled “ Exclusive Farm Use Zone” (EFU). (b) The propagation or harvesting of a forest product. (d) Parks and playgrounds. 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. Opinions Effect of constitutional provision requiring payments based on government regulations … Find the zoning of any property in Deschutes County with this Deschutes County Zoning Map and Zoning Code. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Uses that may be established “subject to ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones)” are allowable uses subject to approval of local governing body. %%EOF In addition, we provide special support Subscribe. 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. (G) Must comply with applicable health and fire and life safety requirements. (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. Current Parcel Size Analysis EFU-10 Orchards District 1,237 parcels – 59 parcels (5%) are 20 acres or larger. BUILDABLE EFU ZONING- Lake Frontage on South Arm Reservoir for your pravite vacation property. (B) All individuals conducting therapeutic or counseling activities are acting within the proper scope of any licenses required by the state. T. State or Regional Park uses listed in a County-approved Master Plan. Contact Bruce Fichtman at 541-883-5158 or by email. (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. Non-farm dwellings generally create conflicts with accepted agricultural practices. Geographic Information System Portal Klamath County is changing internet mapping applications. 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) Determined not to be high-value farmland, as defined in ORS 195.300 (Definitions for ORS 195.300 to 195.336) (10); or. Uses permitted in exclusive farm use zones in nonmarginal lands counties, (Utility facilities necessary for public service), (Associated transmission lines necessary for public service), (Definitions for ORS 308A.250 to 308A.259), (Farm income standard for dwelling in conjunction with farm use), (Alteration, restoration or replacement of lawfully established dwelling), (License required to perform sewage disposal services), (Alternatives to obtaining water quality permit), (Plans and specifications for disposal, treatment and sewerage systems), (Use of sludge on agricultural, horticultural or silvicultural land), (Approval of land application of certain substances), (Standards for approval of certain uses in exclusive farm use zones), (Zoning ordinances establishing exclusive farm use zones), (Rules and planning goal amendments for parks required), (Photovoltaic solar power generation facilities on high-value farmland), (Businesses providing landscape architecture services), (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), (Dwelling not in conjunction with farm use), (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), (Log truck parking in exclusive farm use zones), Limitations on liability of agri-tourism professional, Effect of siting of destination resorts or other nonfarm or nonforest uses, Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325, Biennial report analyzing uses of certain land, Expansion of nonconforming school in exclusive farm use zone, Zoning ordinances establishing exclusive farm use zones, Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone, Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity, Siting of agri-tourism event or activity, Approval of land application of certain substances, Division of land for application of biosolids, Land divisions in exclusive farm use zones, Applicability to thermal energy power plant siting determinations, Associated transmission lines necessary for public service, Utility facilities necessary for public service, Farm income standard for dwelling in conjunction with farm use, Legislative findings related to dwellings in conjunction with commercial dairy farm, Dwelling not in conjunction with farm use, Alteration, restoration or replacement of lawfully established dwelling, Dwelling in exclusive farm use or forest zone, Railroad facilities handling materials regulated under ORS chapter 459 or 466, Standards for approval of certain uses in exclusive farm use zones, Verifying continuity for approval of certain uses in exclusive farm use zones, Blending materials for cement prohibited near vineyards, Conducting filming activities in exclusive farm use zones, Log truck parking in exclusive farm use zones, Time to act under certain approved permits, Review of decision relating to aggregate resources, Photovoltaic solar power generation facilities on high-value farmland, Lawful continuation of certain winery-related uses or structures, Effect of approval of winery on land use laws, Siting winery as commercial activity in exclusive farm use zone, Application for outdoor mass gathering for which county decides land use permit is required, Effect of certain laws on cities and counties, Application to airport uses of land use limitations in farm use zones, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html, https://www.oregonlegislature.gov/bills_laws/ors/ano215.html. Oregon’s Statewide Planning Goal 3 – Agriculture and the Exclusive Farm Use Zone (EFU). (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. U. 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. Deschutes County, Oregon, ADU Information Oregon State Law does not currently allow ADUs in EFU zones (areas where housing could affect agricultural practices). PURPOSE. (n) A winery, as described in ORS 215.452 (Winery) or 215.453 (Large winery). (cc) Guest ranches in eastern Oregon, as described in ORS 215.461 (Guest ranch). The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. Deschutes County’s Comprehensive Plan policies, maps, TSP, and zoning codes. 1 Urban area plan and zoning ends, and county EFU zoning begins, subject to DCC Title 18. (g) Commercial utility facilities for the purpose of generating power for public use by sale. (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 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325) (10)(d), do not include agri-tourism or other commercial events and activities. (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. 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. We will always provide free access to the current law. Title 22, Deschutes County Development Procedures Ordinance II. 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. 24 25 Robert The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. (A) Mining and processing of geothermal resources as defined by ORS 522.005 (Definitions) and oil and gas as defined by ORS 520.005 (Definitions) 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 (Mining in exclusive farm use zone); (C) Processing, as defined by ORS 517.750 (Definitions for ORS 517.702 to 517.989), of aggregate into asphalt or portland cement; and. Deschutes County Comprehensive Plan Map – Shows the designations for the County’s latest Comprehensive Plan. (r) A facility for the processing of farm products as described in ORS 215.255 (Farm product processing facility). Oregon counties often codify their land use regulation in a zoning ordinance (but the ordinance may be called a “zoning code” or “development code”). (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. 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 EXCLUSIVE FARM USE ZONING DISTRICT – definition (in map at right EFU land is represented in white) The Exclusive Farm Use Zoning District protects farm lands in Multnomah County, pursuant to Statewide Planning Program Goal 3 related to Farm Lands. TITLE. 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. Choose a county below to see the zoning maps and zoning codes for the municipalities in that county. Allows county to require the ADU to be served by the same water source as the primary dwelling and meet required setbacks; and. Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Where proposed use of property was to rent out lawn for hosting different events including weddings, wedding receptions and family reunions, sole purpose of use was not to maintain tract of land for natural enjoyment and outdoor recreational use for particular group or class of persons but primarily for commercial events, therefore use was outside scope of “private park” as used in this section. 3.3.3 EFU Statute/Ordinances Nonfarm Uses Dwellings. 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. County, 70 Or LUBA 325 (2014). STAFF CONTACT: Jacob Ripper, Associate Planner I. APPLICABLE CRITERIA Title 18 of the Deschutes County Code (DCC), County Zoning Chapter 18.16, Exclusive Farm (D) Processing of other mineral resources and other subsurface resources. 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 … 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. (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. Deschutes County has been exploring proposals to change the land use laws in Central Oregon to allow more intensive uses. 2 In 2009, intervenor received county approval to construct a hydropower project on the canal 3 approximately 2.5 miles downstream of petitioner’s property. Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Proposed activities on farm property is basis for determining whether relative’s assistance is required. Deschutes County, the court examined Oregon Revised Statute 215.283(2)(c) which states in part that “private parks, playgrounds, hunting and fishing preserves and campgrounds” may be established as nonfarm uses on property Some think EFU should allow intensive development. I also think it would be fun to build a tiny house. EFU-20 Zone Special Ag. (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. (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. (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. 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