Chapter 19.64
EXCLUSIVE FARM AND FARM RESOURCE ZONES
Sections:
19.64.035 Permitted uses subject to standards only.
19.64.060 General requirements for conditional uses and new dwellings.
19.64.070 Standards and criteria for nonfarm dwellings.
19.64.090 Special requirements for land divisions.
19.64.095 Property development standards.
19.64.010 Purpose.
The purposes of the exclusive farm and farm resource zones (hereinafter called “farm zones”) are to preserve agricultural land most appropriate for farm use and to provide beneficial uses for lands not capable of farming without creating conflicts between suburban expansion and farm use. The uses established by this zone are the ones authorized by ORS Chapter 215, and which are acknowledged to be in compliance with the Statewide Planning Goal 3 for agricultural lands which are potentially productive for farm use. The farm zones are intended to guarantee the right to conduct normal farm practices and to facilitate and encourage resource management activities. Normal resource management practices shall not be considered a nuisance in the farm zones or adjacent zones. Nothing in this regulation is intended to interfere with normal resource management practices that might result in conditions such as noise, dust or odor. Residents of the farm zones should recognize that the intent of the farm zones is to protect resource activities, and in the event of a conflict between residential use and resource practices, this title will be interpreted in favor of resource practices. [2005 RLDC § 64.010.]
19.64.020 Outright uses.
The following uses shall be allowed outright on lands in the farm zones. No permit or authorization is required to conduct the uses. Structures placed in conjunction with outright uses (except film sets authorized by subsection (C) of this section) shall be permitted using ministerial review procedures (Chapter 19.22 JCC), be subject to the applicable development standards of JCC 19.64.095, and require a development permit (Chapter 19.41 JCC) for final permit approval.
A. Agriculture, farming and farm use, as these uses are defined in JCC 19.11.030.
B. Composting facilities that are a “farm use” as defined by OAR 660-033-0027(7).
C. Filming. On-site filming and activities accessory to on-site filming for 45 days or less as provided for in ORS 215.306.
D. Forest product propagation or harvesting.
E. Public roads and highways, the reconstruction or modification thereof, 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.
F. Wetlands. The creation, restoration, or enhancement thereof. [Ord. 2023-005 § 1; 2005 RLDC § 64.020.]
19.64.030 Permitted uses.
The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC). All uses shall also meet the applicable development standards listed in JCC 19.64.095. In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.
A. Accessory buildings, including private garage or carport, personal use shop, personal storage building, boat landings and docks for personal use or other similar building.
B. Dwelling replacement for a dwelling listed on the National Register of Historic Places when the landowner signs and records a waiver of claim or cause of action as described in JCC 19.64.060(B).
C. Dwelling alteration, restoration or replacement when the dwelling exists and was lawfully established, subject to the following requirements:
1. The dwelling to be altered, restored, or replaced has, or formerly had, the following features:
a. Intact exterior walls and roof structure;
b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;
c. Interior wiring for interior lights;
d. A heating system; and
2. If the dwelling was removed, destroyed or demolished:
a. The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and
b. Any removal, destruction or demolition occurred on or after January 1, 1973;
[1] If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or
[2] A dwelling not described in subsection (A) or (B) of this section was assessed as a dwelling for purposes of ad valorem taxation:
[A] For the previous five property tax years; or
[B] From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010 (definitions of “land” and “real property” for state property tax laws).
3. For replacement of a lawfully established dwelling under this subsection (C):
a. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:
[1] Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or
[2] If the dwelling to be replaced is, in the discretion of the Director, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the Director that is not less than 90 days after the replacement permit is issued;
b. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the Director for the new location.
4. The replacement dwelling:
a. May be sited on any part of the same lot or parcel.
b. Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
c. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the County in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the County Community Development Director places a statement of release in the deed records of the County to the effect that the provisions of this section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling.
5. The landowner shall sign and record a waiver of claim or cause of action as described in JCC 19.64.060(B).
6. The applicant must cause to be recorded in the deed records of the County a statement that the dwelling to be replaced has been removed, demolished, or converted.
7. A 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. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
a. The siting standards of subsection (C)(7)(b) of this section apply when a dwelling qualifies for replacement because the dwelling:
[1] Formerly had the features described in subsection (C)(1) of this section;
[2] Was removed from the tax roll as described in subsection (C)(2) of this section; or
[3] Had a permit that expired as described under subsection (C)(11)(c) of this section.
b. The replacement dwelling must be sited on the same lot or parcel:
[1] Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and
[2] If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure.
8. Replacement dwellings that currently have the features described in subsection (C)(1) of this section and that have been on the tax roll as described in subsection (C)(2) of this section may be sited on any part of the same lot or parcel.
9. The Director shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under subsection (C)(7)(b) of this section, including a copy of the deed restrictions filed under subsection (C)(4)(c) of this section.
10. If an applicant is granted a deferred replacement permit under this section:
a. The deferred replacement permit:
[1] Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and
[2] May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.
b. 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. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
11. A replacement dwelling permit that is issued under this subsection (C):
a. Is a land use decision as defined in ORS 197.015 where the dwelling to be replaced:
[1] Formerly had the features described in subsection (C)(1) of this section; or
[2] Was removed from the tax roll as described in subsection (C)(2) of this section;
b. Is not subject to the time to act limits of ORS 215.417; and
c. If expired before January 1, 2014, shall be deemed to be valid and effective if, before January 1, 2015, the holder of the permit:
[1] Removes, demolishes, or converts to an allowable nonresidential use the dwelling to be replaced; and
[2] Causes to be recorded in the deed records of the County a statement that the dwelling to be replaced has been removed, demolished, or converted.
D. Irrigation canals, delivery lines and those structures and accessory operational facilities associated with a district as defined in ORS 540.505.
E. Roads and Highways. Development within roads and highways may occur as follows:
1. The 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 would result;
2. Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed;
3. 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 publicly owned property utilized to support the operation and maintenance of public roads and highways;
4. The creation of traffic lanes used for climbing and passing within a right-of-way existing as of July 1987; and
5. Transportation improvements on rural lands allowed by and subject to the requirements of OAR 660-012-0065.
F. Signs, subject to Chapter 19.74 JCC.
G. Utility facility service 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:
1. A public right-of-way;
2. Land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or
3. The property to be served by the utility. [Ord. 2023-005 § 1; Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 64.030.]
19.64.035 Permitted uses subject to standards only.
The following permitted uses shall be allowed using ministerial review procedures (Chapter 19.22 JCC) and site plan review (Chapter 19.42 JCC). Review shall be limited to a determination of compliance with applicable standards of development only. The standards for review shall be those listed in JCC 19.42.050(A) and those otherwise made applicable by JCC 19.64.095. As a condition of approval for any use listed in this section, the landowner shall sign and record a waiver of claim or cause of action as described in JCC 19.64.060(B). In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.
A. 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 by this chapter, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under the Oregon Revised Statutes, and other specific operational and process requirements contained in the Oregon Revised Statutes. On-site treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land application of biosolids is authorized under the license, permit, or other approval.
B. Agri-tourism and other commercial events or activities that are related to and supportive of agriculture may be established:
1. A single agri-tourism or other commercial event or activity on a tract in a calendar year 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 the standards described in JCC 19.64.060(A) and (B);
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:
[1] Planned hours of operation do not extend before 6:00 a.m. or after 10:00 p.m.
[2] Adequate off-street parking will be provided pursuant to the requirements in this title.
[3] Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
[4] All vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways.
[5] No parking is permitted within the right-of-way.
[6] Approval is required from County Public Works Department of Transportation regarding adequate egress and access. All egress and access points shall be clearly marked.
[7] Vision clearance areas at street intersections must be clear of obstruction, consistent with the requirements in this title.
[8] Permit approval is subject to compliance with the established sanitation requirements, the Department of Agriculture requirements, and the development standards of this zone.
2. In the alternative to subsections (B)(1) and (3) of this section, the county may authorize 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 6:00 a.m. or end after 10:00 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 8:00 a.m. or after 10:00 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.
3. In the alternative to subsections (B)(1) and (2) of this section, the 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 the standards described in JCC 19.64.060(A) and (B);
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:
[1] 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;
[2] 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;
[3] The location of access and egress and parking facilities to be used in connection with the agri-tourism or other commercial events or activities;
[4] Traffic management, including the projected number of vehicles and any anticipated use of public roads;
[5] Sanitation and solid waste; and
[6] Must comply with the requirements of subsection (B)(8) of this section.
g. A permit authorized by this subsection shall be valid for two calendar years. When considering an application for renewal, the County shall ensure compliance with the provisions of subsection (B)(2) 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.
4. In addition to subsections (B)(1) through (3) of this section, the 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 subsections (B)(1) through (3) of this section 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 subsections (B)(3)(c), (d), (e), and (f) of this section;
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 (B)(4) 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 (B)(3) of this section.
6. Temporary structures established in connection with agri-tourism or other commercial events or activities may be permitted. The temporary structures must be removed at the end of the agri-tourism or other event or activity. Alteration to the land in connection with an agri-tourism or other commercial event or activity including, but not limited to, grading, filling or paving, is not permitted.
7. The authorizations provided by 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.
8. Conditions of Approval. Agri-tourism and other commercial events permitted under subsections (B)(3) and (4) of this section are subject to the following standards and criteria:
a. A permit application for an agri-tourism or other commercial event or activity shall include the following:
[1] A description of the type of agri-tourism or commercial events or activities that are proposed, including the number and duration of the events and activities, the anticipated daily attendance and the hours of operation and, for events not held at wineries or cider businesses, how the agri-tourism and other commercial events or activities will be related to and supportive of agriculture and incidental and subordinate to the existing farm use of the tract.
[2] The types and locations of all existing and proposed temporary structures, access and egress, parking facilities, sanitation and solid waste facilities to be used in connection with the agri-tourism or other commercial events or activities.
[3] Authorization to allow inspection of the event premises. The applicant shall provide in writing a consent to allow law enforcement, public health and fire control officers and code enforcement staff to come upon the premises for which the permit has been granted for the purposes of inspection and enforcement of the terms and conditions of the permit and the exclusive farm use zone and any other applicable laws or ordinances.
b. Approval Criteria.
[1] The area in which the agri-tourism or other commercial events or activities are located shall be set back at least 30 feet from the property line.
[2] The maximum number of people shall not exceed 500 per calendar day.
[3] Notification of agri-tourism and other commercial events or activities.
[A] The property owner shall submit in writing the list of calendar days scheduled for all agri-tourism and other commercial events or activities by April 1st of the subject calendar year or within 30 days of new or renewed permits to the Planning Division within the Community Development Department and a list of all property owners within 500 feet of the subject property, as notarized by a title company.
[B] The list of calendar dates for all agri-tourism, commercial events and activities may be amended by submitting the amended list to the Department at least 72 hours prior to any change in the date of approved dates.
[C] If notice pursuant to subsection (B)(8)(b)[3][A] of this section is not provided, the property owner shall provide notice by registered mail to the same list above at least 10 days prior to each agri-tourism and other commercial event or activity.
[D] The notification shall include a contact person or persons for each agri-tourism and other commercial event or activity who shall be easily accessible and who shall remain on site at all times, including the person(s) contact information.
[4] Hours of Operation. No agri-tourism and other commercial event or activity may begin before 6:00 a.m. or end after 10:00 p.m.
[5] Overnight camping is prohibited.
[6] Consistent with County noise ordinance.
[7] Transportation Management.
[A] Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
[B] Driveways extending from paved roads shall have a paved apron, requiring review and approval by the County Road Department.
[C] The parcel, lot or tract must have direct access from a public road or is accessed by an access easement or private road, whereby all underlying property owners and property owners taking access between the subject property and the public road consent in writing to the use of the road for agri-tourism and other commercial events or activities at the time of initial application.
[D] Adequate traffic control must be provided by the property owner and must include one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time. All traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual on Uniform Traffic Control Devices.
[E] Adequate off-street parking will be provided pursuant to provisions of Chapter 19.75 JCC.
[8] Health and Safety Compliance.
[A] Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand washing stations.
[B] All permanent and temporary structures and facilities are subject to fire, health and life safety requirements, and shall comply with all requirements of the Building Safety Division within the Community Development Department and any other applicable federal, state and local laws.
[C] Compliance with the requirements of the Building Safety Division within the Community Development Department shall include meeting all building occupancy classification requirements of the State of Oregon adopted building code.
C. Bottling water, including extraction.
D. Churches, which may include a parsonage and a cemetery in conjunction with the church subject to the following special standards of approval:
1. Churches shall be allowed the reasonable use of the site for all activities customarily associated with the practices of the religious activity, including worship services, religion classes, weddings, funerals, child-care and meal programs, but not including private or parochial school education for pre-kindergarten through grade 12 or higher education unless the educational uses are authorized separately by other provision contained in this title; and
2. The review body may subject the church uses to reasonable regulations, including site review or design criteria concerning the physical characteristics of the uses only, or may prohibit or restrict the use of the site if it finds the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the uses; and
3. The church must be located more than three miles from an urban growth boundary unless an exception is taken pursuant to OAR Chapter 660, Division 4; and
4. New churches shall not be authorized on property which is high-value farmland as defined in JCC 19.11.100; existing facilities may be maintained, enhanced or expanded subject to other requirements of law.
E. Cider Business (Small). Small wineries and cider businesses are separate uses. The small winery provisions and standards of subsection (V) of this section may not be applied to a cider business, nor may the provisions and standards for a cider business be applied to a small winery.
1. A cider business may be established as a permitted use if the proposed cider business will produce cider with a maximum annual production of:
a. Less than 10,000 gallons of cider for a cider business and the owner:
[1] Owns an on-site orchard of at least 15 acres;
[2] Owns a contiguous orchard of at least 15 acres;
[3] Has a long-term contract for the purchase of all of the apples or pears for a cider business from at least 15 acres of an orchard contiguous to the cider business; or
[4] Obtains apples or pears for a cider business from any combination of subsection (E)(1)(a)[1], [2], or [3] of this section; or
b. At least 100,000 gallons of cider for a cider business and the owner:
[1] Owns an on-site orchard for a cider business of at least 40 acres;
[2] Owns a contiguous orchard for a cider business of at least 40 acres;
[3] Has a long-term contract for the purchase of all of the apples or pears for a cider business from at least 40 acres of an orchard contiguous to the cider business;
[4] Owns an on-site orchard for a cider business of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards for a cider business in Oregon that are located within 15 miles of the cider business; or
[5] Obtains apples or pears for a cider business from any combination of subsections (E)(1)(b)(1) through (4) of this section.
2. In addition to producing and distributing cider, a small cider business established under this subsection (E) may:
a. Market and sell cider produced in conjunction with the cider business.
b. Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including:
[1] Cider tastings in a tasting room or other location on the premises occupied by the cider business for cider tastings;
[2] Cider club activities;
[3] Cidermaker luncheons and dinners;
[4] Cider business and orchard tours;
[5] Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members;
[6] Cider business staff activities;
[7] Open house promotions of cider produced in conjunction with the cider business; and
[8] Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business.
c. Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which is incidental to on-site retail sale of cider for a cider business, including food and beverages:
[1] Required to be made available in conjunction with the consumption of cider on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
[2] Served in conjunction with an activity authorized by subsection (E)(2)(b), (d), or (e) of this section.
d. Carry out agri-tourism or other commercial events on the tract occupied by the cider business subject to subsection (E)(5) of this section.
e. Host charitable activities for which the cider business does not charge a facility rental fee.
f. Site a home occupation on the same tract, and in association with the cider business as provided by Chapter 19.92 JCC.
3. A cider business may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 through 624.121 for the preparation of food and beverages described in subsection (E)(2)(c) of this section. Food and beverage services authorized under subsection (E)(2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.
4. The gross income of the cider business from the sale of incidental items or services provided pursuant to subsections (E)(2)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of cider produced in conjunction with the cider business. The gross income of a cider business does not include income received by third parties unaffiliated with the cider business. At the request of the County, the cider business shall submit to the County a written statement that is prepared by a certified public accountant and certifies the compliance of the cider business with this subsection for the previous tax year.
5. A cider business may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the cider business:
a. Agri-tourism and other commercial event or activities are subject to the requirements in subsection (B) of this section; and
b. The County has authority to limit the 18 days of permitted events as described at ORS 215.451(8) as agri-tourism or other commercial events occurring are subordinate to the production and sale of cider and do not create significant adverse impacts to uses on surrounding land.
6. A cider business operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery or cider business is established.
7. For the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands, the cider business shall:
a. Establish a setback of at least 100 feet from all property lines for the cider business and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and
b. Provision of direct road access and internal circulation.
8. As used in this subsection:
a. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery or cider produced in conjunction with a cider business is a secondary purpose of the event.
b. “Cider” means an alcoholic beverage made from the fermentation of the juice of apples or pears and includes, but is not limited to, flavored cider, sparkling cider, and carbonated cider.
c. “Cider business” means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.
d. “On-site retail sale” for cider businesses includes the retail sale of cider in person at a cider business, through a cider club, or over the internet or telephone.
F. Commercial Dairy Farm Standards. A dwelling may be considered customarily provided in conjunction with a commercial dairy farm and capable of earning the gross annual income requirements by subsection (I)(3) or (4) of this section, subject to the following requirements:
1. The subject tract will be employed as a commercial dairy farm as defined in subsection (F)(7) of this section;
2. The dwelling is sited on the same lot or parcel as the buildings required by the commercial dairy;
3. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract;
4. The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking or pasturing of the dairy animals or other farm use activities necessary to the operation of the commercial dairy farm;
5. The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and
6. The Oregon Department of Agriculture has approved the following:
a. A permit for a “confined animal feeding operation” under ORS 468B.050 and 468B.200 through 468B.230; and
b. A producer license for the sale of dairy products under ORS 621.072.
7. As used in this section, “commercial dairy farm” is a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by subsection (I) of this section, whichever is applicable, from the sale of fluid milk.
G. Commercial dog boarding kennels.
H. Dog training classes or testing trials conducted outdoors, or in farm buildings that existed on January 1, 2013, are limited as follows:
1. The number of dogs participating in training does not exceed 10 per training class and the number of training classes to be held on site does not exceed six per day; and
2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing trials to be conducted on site does not exceed four per calendar year.
I. Dwellings in Conjunction with Farm Use. Primary or accessory dwellings customarily provided in conjunction with farm use must meet one of the following standards:
1. Minimum Size or Large Tract. A dwelling may be considered customarily provided in conjunction with farm use if:
a. The parcel on which the dwelling will be located is at least:
[1] One hundred sixty acres and is not designated rangeland; or
[2] Three hundred twenty acres and designated rangeland; or
[3] As large as the minimum parcel size if located in a zoning district with an acknowledged minimum parcel size larger than indicated in subsection (I)(1)(a)[1] or [2] of this section.
b. The subject tract is currently employed for farm use, as defined in ORS 215.203, where the day-to-day activities on the subject land are principally directed to the farm use of the land; and
c. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
d. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale.
2. Production Capability. A dwelling may be considered customarily provided in conjunction with farm use if:
a. The subject tract is at least as large as the median size of those commercial farm or ranch tracts capable of generating at least $10,000 in annual gross sales that are located within a study area which includes all tracts wholly or partially within one mile from the perimeter of the subject tract; and
b. The subject tract is capable of producing at least the median level of annual gross sales of County indicator crops as the same commercial farm or ranch tracts used to calculate the tract size in subsection (I)(2)(a) of this section; and
c. The subject tract is currently employed for a farm use, as defined in ORS 215.203, at a level capable of producing the annual gross sales required in subsection (I)(2)(a) of this section; and
d. Notwithstanding subsection (I)(2)(a) of this section, the subject lot or parcel on which the dwelling is proposed is not less than 10 acres; and
e. Except as permitted in subsection (I)(4) of this section, there is no other dwelling on the subject tract; and
f. If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to the establishment of the farm use required by subsection (I)(2)(c) of this section; and
g. The parcel is not considered high-value farmland as defined in JCC 19.11.100.
h. The information utilized in addressing the criteria in subsections (I)(2)(a) and (b) of this section will be provided in a technical memorandum utilizing formulas detailed in OAR Chapter 660, Division 33. The technical memorandum is incorporated by reference herein.
3. Actual Income. A dwelling may be considered customarily provided in conjunction with farm use if:
a. On a tract not defined in JCC 19.11.100 as high-value farmland, the subject tract is currently employed for the farm use, as defined in ORS 215.203, that produced in the last two years, or three of the last five years, the lower of the following:
[1] At least $40,000 in gross annual income from the sale of farm products; or
[2] Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with gross annual sales of $22,500; or
[3] On a tract defined in JCC 19.11.100 as high-value farmland, the subject tract is currently employed for the farm use, as defined in ORS 215.203, that produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years; or
[4] Based on the average farm income earned on the tract in the best three of the last five years; and
b. Except as permitted in subsection (I)(4) of this section there is no other dwelling on the subject tract; and
c. The dwelling will be occupied by the person or persons who produced the commodities which grossed the income in subsection (I)(3)(a) of this section; and
d. The structures shall be located on the least suitable portion of the property for farm use; and
e. In determining the gross income required by subsection (I)(3)(a) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted, and gross farm income earned from a lot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used; and
f. For the purpose of making the income determinations required in subsection (I)(3)(a) of this section, noncontiguous lots or parcels zoned for farm use in Josephine County or in a contiguous county may be used to meet the gross income requirements.
g. Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a primary farm dwelling.
h. Prior to the final approval for a dwelling authorized by subsections (I)(3)(c) and (d) of this section that requires one or more contiguous or noncontiguous lots or parcels of a farm operation to comply with the gross farm income requirements, the applicant shall complete and record with the County Clerk the covenants, conditions, and restrictions form provided by the County (Exhibit A to OAR Chapter 660, Division 33). The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for the primary farm dwelling and shall preclude:
[1] All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS Chapter 215; and
[2] The use of any gross farm income earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling.
i. The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.
4. Accessory Farm Dwelling. An accessory farm dwelling may be authorized if it meets the following requirements:
a. The accessory dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose assistance in the management of the farm use is or will be required by the farm operator. The farm operator shall continue to play the predominant role in the management and farm use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing; and
b. The accessory dwelling will be located:
[1] On the same lot or parcel as the dwelling of the principal farm dwelling; or
[2] On the same tract as the principal farm dwelling when the lot or parcel on which the accessory dwelling will be sited is consolidated into a single parcel with all other continuous lots and parcels in the tract; or
[3] On a lot or parcel on which the principal farm dwelling is not located, when the accessory farm dwelling is a manufactured dwelling and a deed restriction is filed with the County Clerk. The deed restriction shall require the manufactured dwelling to be removed when the lot or parcel is conveyed to another party. An accessory farm dwelling approved pursuant to this rule may not be occupied by a person or persons who will not be principally engaged in the farm use of the land and whose assistance in the management of the farm use is not or will not be required by the farm operator. The manufactured dwelling may remain if it is reapproved under these rules.
c. On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code or similar types of farmworker housing as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. A county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farmworker housing is no longer required. “Farmworker housing” shall have the meaning set forth in ORS 215.278 and not the meaning in ORS 315.163; or
d. The principal farm dwelling to which the proposed dwelling would be accessory meets one of the following circumstances:
[1] On land not identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS 215.203, and produced in the last two years, or three of the last five years, the lower of the following:
[A] At least $40,000 in gross annual income from the sale of farm products. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract;
[B] Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with the gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or
[2] On land identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS 215.203, and produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and
e. The governing body of a county shall not approve any proposed division of a lot or parcel for an accessory farm dwelling approved pursuant to this subsection; and
f. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the requirements for a dwelling not provided in conjunction with farm use; and
g. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under ORS 215.780 and the lot or parcel complies with the gross farm income requirements in OAR 660-033-0135(3) or (4), whichever is applicable; and
[1] There is no other dwelling on the land designated in a farm zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling; and
[2] The principal farm dwelling to which the proposed dwelling would be accessory meets one of the following circumstances:
[A] On land not identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS 215.203, and produced in the last two years, or three of the last five years, the lower of the following:
[i] At least $40,000 in gross annual income from the sale of farm products. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract;
[ii] Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with the gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or
[B] On land identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS 215.203, and produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or
h. It is located on a commercial dairy farm as defined in subsection (F) of this section; and
[1] The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm;
[2] The Oregon Department of Agriculture has approved a permit for a “confined animal feeding operation” under ORS 468B.050 and 468B.200 through 468B.230; and
[3] A producer license for the sale of dairy products under ORS 621.072.
5. Relative Farm Help Dwelling. A farm use dwelling for a relative shall be approved when the following standards are met:
a. Located on the same lot or parcel as the dwelling of the farm operator; and
b. Occupied by a relative of the farm operator or the farm operator’s spouse, which means a child, parent, step-parent, grandchild, grandparent, step-grandparent, sibling, step-sibling, 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
c. The farm operator shall continue to play the predominant role in the management and farm use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing; and
d. The landowner signs and records a waiver of claim for relief or cause of action as provided for in JCC 19.64.060(B); and
e. Dwelling must be located on the same lot or parcel as the dwelling of the farm operator and must be on real property used for farm use; and
f. A dwelling shall be occupied by relatives whose assistance in the management and farm use of the existing commercial farming operation is required by the farm operator. However, farming of a marijuana crop may not be used to demonstrate compliance with the approval criteria for a relative farm help dwelling.
6. Relocated Farm Operations. A dwelling may be considered customarily provided in conjunction with farm use if:
a. Within the previous two years, the applicant owned and operated a different farm operation that earned the gross farm income in each of the last five years or four of the last seven years as required by subsection (I)(3) or (4) of this section, whichever is applicable;
b. The subject lot or parcel on which the dwelling will be located is:
[1] Currently employed for the farm use that produced in each of the last two years or three of the last five years, or in an average of three of the last five years the gross farm income required by subsection (I)(3) or (4) of this section, whichever is applicable; and
[2] At least the size of the applicable minimum lot size under JCC 19.64.095;
c. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract;
d. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in subsection (I)(3) of this section; and
e. In determining the gross income required by subsections (I)(3) and (4) of this section:
[1] The cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and
[2] Only gross income from land owned, not leased or rented, shall be counted.
7. The structures shall be located on the least suitable portion of the property for farm use.
8. Notwithstanding the requirements of JCC 19.41.030 (Time limit, extension and expiration of permits), land use permit approvals for farm dwellings shall be valid for four years from the date findings of approval are signed, and an extension of the permit shall be valid for two years.
9. Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a primary farm dwelling.
J. Farm brewery.
1. As used in this subsection:
a. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event.
b. “Brewer” means a person who makes malt beverages.
c. “Farm brewery” means a facility, located on or contiguous to a hop farm, used primarily for the commercial production, shipping and distribution, wholesale or retail sales, or tasting of malt beverages made with ingredients grown on the hop farm.
d. “Hop farm” means a tract of land planted with hops.
e. “Malt beverage” has the meaning given that term in ORS 471.001 (Definitions for ORS chapters 471 and 473).
f. “On-site retail sale” includes the retail sale of malt beverages in person at the farm brewery site, through a club or over the internet or telephone.
2. A farm brewery may be established as a permitted use if the farm brewery:
a. Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery’s owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery;
b. Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and
[1] Owns an on-site hop farm of at least 15 acres;
[2] Owns a contiguous hop farm of at least 15 acres;
[3] Has a long-term contract for the purchase of all of the hops from at least 15 acres of a hop farm contiguous to the farm brewery; or
[4] Obtains hops from a total of 15 acres from any combination of sources described in subsections (J)(2)(b)[1] through [3] of this section.
c. For purposes of this subsection, land planted with other ingredients used in malt beverages produced by the farm brewery counts towards the acreage minimums.
3. In addition to any other activities authorized for a farm brewery, a farm brewery established under this section may:
a. Market malt beverages produced in conjunction with the farm brewery.
b. Conduct operations that are directly related to the sale or marketing of malt beverages produced in conjunction with the farm brewery, including:
[1] Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery;
[2] Malt beverage club activities;
[3] Brewer luncheons and dinners;
[4] Farm brewery and hop farm tours;
[5] Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members;
[6] Farm brewery staff activities;
[7] Open house promotions of malt beverages produced in conjunction with the farm brewery; and
[8] Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery.
c. Market and sell items directly related to the sale or promotion of malt beverages produced in conjunction with the farm brewery, the marketing and sale of which is incidental to on-site retail sale of malt beverages, including food and beverages:
[1] Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
[2] Served in conjunction with an activity authorized by subsection (J)(3)(b), (d) or (e) of this section.
d. Subject to subsections (J)(6) through (8) of this section, carry out agri-tourism or other commercial events on the tract occupied by the farm brewery.
e. Host charitable activities for which the farm brewery does not charge a facility rental fee.
f. Site a bed and breakfast as a home occupation on the same tract as, and in association with, the farm brewery.
4. A farm brewery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 through 624.121 for the preparation of food and beverages described in subsection (J)(3)(c) of this section. Food and beverage services authorized under subsection (J)(3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.
5. The gross income of the farm brewery from the sale of incidental items or services provided pursuant to subsections (J)(3)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of malt beverages produced in conjunction with the farm brewery. The gross income of a farm brewery does not include income received by third parties unaffiliated with the farm brewery.
a. At the request of a local government with land use jurisdiction over the site of a farm brewery, the farm brewery shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the farm brewery with this subsection for the previous tax year.
6. Except as provided by subsection (J)(7) of this section, a farm brewery may carry out agri-tourism or other commercial events described in subsection (J)(3)(d) of this section for up to 18 days per calendar year.
7. A local government with land use jurisdiction over the site of a farm brewery shall ensure that agri-tourism or other commercial events occurring as described in subsection (J)(3)(d) of this section are subordinate to the production and sale of malt beverages and do not create significant adverse impacts to uses on surrounding land.
a. A local government may impose conditions on a license or permit issued as necessary to meet the requirements of this subsection (J)(7). The conditions must be related to:
[1] The number of event attendees;
[2] The hours of event operation;
[3] Access and parking;
[4] Traffic management;
[5] Noise management; and
[6] Sanitation and solid waste.
8. A local government may charge a fee for processing a license or permit under subsection (J)(6) of this section. The fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.
9. When a bed and breakfast facility is sited as a home occupation on the same tract as a farm brewery as described in subsection (J)(3)(f) of this section:
a. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and
b. The meals may be served at the bed and breakfast facility or at the farm brewery.
10. A farm brewery operating under this section shall provide parking for all activities or uses of the tract on which the farm brewery is situated.
11. A local government with land use jurisdiction over the site of a farm brewery shall ensure that the farm brewery complies with:
a. Local criteria regarding floodplains, geologic hazards, solar access and airport safety;
b. Regulations of general applicability for the public health and safety; and
c. Regulations for resource protection acknowledged to comply with any statewide goal relating to open spaces, scenic and historic areas and natural resources.
12. For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, a local government with land use jurisdiction over the site of a farm brewery shall:
a. Except as provided in subsection (J)(13) of this section, establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places; and
b. Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places.
13. A local government may allow a setback of less than 100 feet by granting a farm brewery an adjustment or variance to the requirement described in subsection (J)(12)(a) of this section.
K. Farm crop processing facility located on a farm operation that meets the following requirements:
1. The on-site farm operation provides at least one-quarter of the farm crops to be processed; or
2. Slaughtering, processing or selling poultry or poultry products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2) (Licensing exemption for certain poultry processors).
a. “Processing area” means the floor area of a building dedicated to farm product processing. “Processing area” does not include the floor area designated for preparation, storage or other farm use.
3. A county may allow a facility for the processing of farm products as a permitted use under ORS 215.213 and 215.283, only if the facility:
a. Uses less than 10,000 square feet for its processing area and complies with all applicable siting standards; or
b. Notwithstanding any applicable siting standard, uses less than 2,500 square feet for its processing area.
4. The 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.
L. Farm stands, if:
1. The structures are designed and used for the sale of farm crops and 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
2. The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment.
3. As used in this subsection, “farm crops or livestock” includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area.
4. As used in this subsection, “processed crops and livestock” includes jams, syrups, apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items.
5. As used in this subsection, “local agricultural area” includes Oregon or an adjacent county in Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is located.
6. A farm stand may not be used for the sale, or to promote the sale, of marijuana products or extracts.
7. Farm Stand Development Standards.
a. Adequate off-street parking will be provided pursuant to provisions of Chapter 19.75 JCC.
b. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
c. All vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways.
d. No farm stand building or parking is permitted within the right-of-way.
e. Approval is required from the appropriate local road authority regarding adequate egress and ingress. All egress and ingress points shall be clearly marked.
f. Vision clearance areas. No visual obstruction (e.g., sign, structure, solid fence, wall, planting or shrub vegetation) may exceed three feet in height within “vision clearance areas” at street intersections.
[1] Service drives shall have a minimum clear-vision area formed by the intersection of the driveway centerline, the road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection.
[2] Height is measured from the top of the curb or, where no curb exists, from the established street center line grade.
[3] Trees exceeding three feet in height may be located in this area, provided all branches and foliage are removed to a height of eight feet above grade.
g. All outdoor light fixtures shall comply with Chapters 19.75 and 19.77 JCC.
h. Signs are permitted consistent with Chapter 19.74 JCC.
8. Permit approval is subject to compliance with the County Health Department or Department of Agriculture requirements and with the development standards of this zone.
9. As used in this subsection (L), “farm stand structure” means a structure that is designed and used for the sale of farm crops and livestock. A food stand is considered to be a farm stand structure.
10. As applied to farm stands, a “fee-based activity to promote the sale of farm crops or livestock” means an agri-tourism activity as defined in Chapter 19.11 JCC that is directly related to the sale of farm crops or livestock sold at the farm stand and meets the standards of this subsection.
M. Fire service facilities providing rural fire protection services.
N. Forest product processing facility shall not seriously interfere with accepted farming practices and shall be compatible with farm uses described in Chapter 19.11 JCC. Such facility may be approved for a one-year period that is renewable and is intended to be only portable or temporary in nature. The “primary processing of a forest product,” as used in this subsection, 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 subsection, means timber grown upon a tract where the primary processing facility is located.
O. Geothermal resource exploration and production 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.
P. Mineral exploration, as such operations are defined by ORS 517.750.
Q. Model aircraft site used for the takeoff and landing of models, including such buildings or facilities as may reasonably be necessary, subject to the following rules:
1. Buildings and 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 section, and the site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this section; and
2. As used in this subsection (Q), “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 controlled by radio, lines or design by a person on the ground. An owner of property used for the purpose authorized in this section may charge a person operating the use on the property rent for the property.
3. 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.
R. Photovoltaic solar power generation facility on high-value farmland.
1. As used in this subsection, “photovoltaic solar power generation facility” means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.
2. A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300, provided the land:
a. Is not located within the boundaries of an irrigation district;
b. Is not at the time of the facility’s establishment, and was not at any time during the 20 years immediately preceding the facility’s establishment, the place of use of a water right permit, certificate, decree, transfer order or groundwater registration authorizing the use of water for the purpose of irrigation;
c. Is located within the service area of an electric utility described in ORS 469A.052(2);
d. Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS 469A.052(3); and
e. Does not qualify as high-value farmland under any other provision of law.
3. When evaluating an application to establish a photovoltaic solar power generation facility under this section, a county:
a. Shall apply the criteria and standards applicable to agricultural land adopted under a statewide land use planning goal relating to agricultural lands; and
b. May not apply the criteria and standards applicable to high-value farmland adopted under a statewide land use planning goal relating to agricultural lands.
4. A county is not required to adopt an exception under ORS 197.732 (Goal exceptions) to a statewide land use planning goal relating to agricultural land to authorize the establishment of a photovoltaic solar power generation facility under this section.
5. A photovoltaic solar power generation facility established under this section is a commercial utility facility under ORS 215.213(2) or 215.283(2) if the facility generates power for public use by sale.
S. Residential home or facility in an existing dwelling as defined by ORS 197.660.
T. Solid waste disposal site that has been ordered to be established by the Environmental Quality Commission under ORS 459.049, together with the equipment, facilities or buildings necessary for its operation; new disposal sites shall not be authorized on property which is high-value farmland as defined in JCC 19.11.100.
U. 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, subject to the following rules:
1. A utility facility is necessary for public service if the facility must be sited in a farm zone to provide the service;
2. To demonstrate a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and the facility must be sited in a farm zone due to one or more of the following factors:
a. Technical and engineering feasibility;
b. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;
c. Lack of available urban and nonresource lands;
d. Availability of existing rights-of-way;
e. Public health and safety; and
f. Other requirements of state and federal agencies; and
3. Costs associated with any of the factors listed in subsection (U)(2) of this section may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar; and
4. The owner of a utility facility approved under this section shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration; and
5. The governing body of the County or its designee shall impose clear and objective conditions on an application for utility facility siting to mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on surrounding farmlands; and
6. In addition to the foregoing requirements, the establishment or extension of a sewer system shall meet the requirements of Statewide Goal 11 and implementing Oregon Administrative Rules; and
7. The provisions of subsections (U)(1) through (5) of this section do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.
8. An associated transmission line is necessary for public service upon demonstration that the associated transmission line meets either the following requirements of subsection (U)(8)(a) or (b) of this section.
a. An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:
[1] The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land; or
[2] The associated transmission line is co-located with an existing transmission line; or
[3] The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or
[4] The associated transmission line is located within an existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground.
b. After an evaluation of reasonable alternatives, an applicant demonstrates that the entire route of the associated transmission line meets, subject to subsections (U)(8)(c) and (d) of this section, two or more of the following criteria:
[1] Technical and engineering feasibility;
[2] The associated transmission line is locationally dependent because the associated transmission line must cross high-value farmland, as defined in ORS 195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;
[3] Lack of an available existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground;
[4] Public health and safety; or
[5] Other requirements of state or federal agencies.
c. As pertains to subsection (U)(8)(b) of this section, the applicant shall demonstrate how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.
d. The County may consider costs associated with any of the factors listed in subsection (U)(8)(b) of this section, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.
V. Winery (Small). Small wineries and cider businesses are separate uses. The small cider provisions and standards of subsection (E) of this section may not be applied to a winery business, nor may the provisions and standards for a cider business be applied to a small winery.
1. A winery business may be established as a permitted use if the proposed winery will produce wine with a maximum annual production of:
a. Less than 50,000 gallons of wine and the owner:
[1] Owns an on-site vineyard of at least 15 acres;
[2] Owns a contiguous vineyard of at least 15 acres;
[3] Has a long-term contract for the purchase of all of the grapes for a winery from at least 15 acres of a vineyard contiguous to the winery; or
[4] Obtains grapes for a winery from any combination of subsections (V)(1)(a)[1], [2], or [3] of this section; or
b. At least 50,000 gallons of wine and the owner:
[1] Owns an on-site vineyard for a winery of at least 40 acres;
[2] Owns a contiguous vineyard for a winery of at least 40 acres;
[3] Has a long-term contract for the purchase of all of the grapes for a winery from at least 40 acres of a vineyard contiguous to the winery;
[4] Owns an on-site vineyard for a winery of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards for a winery in Oregon that are located within 15 miles of the winery site; or
[5] Obtains grapes for a winery from any combination of subsections (V)(1)(b)[1] through [4] of this section.
2. In addition to producing and distributing wine, a small winery established under this subsection (V) may:
a. Market and sell wine produced in conjunction with the winery.
b. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:
[1] Wine tastings in a tasting room or other location on the premises occupied by the winery for wine tastings;
[2] Wine club activities;
[3] Winemaker luncheons and dinners;
[4] Winery and vineyard tours;
[5] Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;
[6] Winery staff activities;
[7] Open house promotions of wine produced in conjunction with the winery; and
[8] Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery.
c. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on-site retail sale of wine for a winery, including food and beverages:
[1] Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
[2] Served in conjunction with an activity authorized by subsection (V)(2)(b), (d), or (e) of this section.
d. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsection (V)(5) of this section.
e. Host charitable activities for which the winery does not charge a facility rental fee.
3. A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 through 624.121 for the preparation of food and beverages described in subsection (V)(2)(c) of this section. Food and beverage services authorized under subsection (V)(2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.
4. The gross income of the winery from the sale of incidental items or services provided pursuant to subsections (V)(2)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of the County, the winery shall submit to the County a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this subsection for the previous tax year.
5. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery:
a. If a winery conducts agri-tourism or other commercial events authorized under this section, the winery may not conduct agri-tourism or other commercial events or activities authorized by subsection (B) of this section.
b. Agri-tourism and other commercial events or activities are subject to the requirements in subsection (B) of this section.
c. As necessary to ensure that agri-tourism or other commercial events on a tract occupied by a winery are subordinate to the production and sale of wine and do not create significant adverse impacts to uses on surrounding land, the local government may impose conditions on a license or permit issued pursuant to subsection (V)(7) of this section related to:
[1] The number of event attendees;
[2] The hours of event operation;
[3] Access and parking;
[4] Traffic management;
[5] Noise management; and
[6] Sanitation and solid waste.
d. As used in this subsection (V), “agri-tourism” is defined by OAR 215.452(14)(a) as “... includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.”
6. A winery operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.
7. Prior to the issuance of a permit to establish a winery under this subsection (V), the applicant shall show that vineyards described in this subsection (V) have been planted or that the contract has been executed, as applicable.
8. For the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands, the winery shall:
a. Establish a setback of at least 100 feet from all property lines for the winery and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and
b. Provision of direct road access and internal circulation.
W. Winery (large).
1. A large winery may be established if:
a. The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;
b. The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in subsection (W)(1)(a) of this section; and
c. The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this subsection (W).
2. In addition to producing and distributing wine, a large winery may:
a. Market and sell wine produced in conjunction with the winery;
b. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:
[1] Wine tastings in a tasting room or other location on the premises occupied by the winery;
[2] Wine club activities;
[3] Winemaker luncheons and dinners;
[4] Winery and vineyard tours;
[5] Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;
[6] Winery staff activities;
[7] Open house promotions of wine produced in conjunction with the winery; and
[8] Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery;
c. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on site, including food and beverages:
[1] Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
[2] Served in conjunction with an activity authorized by subsection (W)(2)(b)[2], [4], or [5] of this section;
d. Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:
[1] Are directly related to the sale or promotion of wine produced in conjunction with the winery;
[2] Are incidental to the retail sale of wine on site;
[3] Are limited to 25 days or fewer in a calendar year; and
[4] Host charitable activities for which the winery does not charge a facility rental fee.
3. Income Requirements.
a. The gross income of the winery from the sale of incidental items pursuant to subsection (W)(2)(c) of this section and services provided pursuant to subsection (W)(2)(d) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery.
b. At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with subsection (W)(2)(d) of this section for the previous tax year.
4. A large winery shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.
5. A large winery may operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery.
6. Permit Requirements.
a. A winery shall obtain a permit if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (W)(2)(d) of this section occurring on more than 25 days in a calendar year.
b. In addition to any other requirements, a local government may approve a permit application under this subsection (W) if the local government finds that the authorized activity:
[1] Complies with the standards described in JCC 19.64.040(C);
[2] Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and
[3] Does not materially alter the stability of the land use pattern in the area.
7. A person may not have a substantial ownership interest in more than one large winery operating a restaurant.
8. Prior to the issuance of a permit to establish a large winery, the applicant shall show that vineyards described in subsection (W)(1) of this section have been planted.
9. A large winery operating under subsection (W)(1) of this section shall provide for:
a. Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and
b. Direct road access and internal circulation.
10. A large winery operating under subsection (W)(1) of this section may receive a permit to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the winery received a permit in similar circumstances before August 2, 2011.
11. As used in this subsection (W):
a. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings, and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.
b. “On-site retail sale” for wineries includes the retail sale of wine in person at the winery site, through a wine club or over the internet or telephone. [Ord. 2023-005 § 1; 2005 RLDC § 64.035.]
19.64.040 Conditional uses.
The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC 19.64.095. A development permit (Chapter 19.41 JCC) shall be required as the final permit approval.
A. Airports and helicopter pads for personal use, including associated hangar, maintenance and service facilities, subject to the following rules:
1. A “personal use airport” 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.
2. 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.
B. Aquatic or Insect Species. The propagation, cultivation, maintenance and harvesting thereof that are not under the jurisdiction of the State Fish and Wildlife Commission, subject to:
1. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture.
2. Notice shall be provided to the State Department of Agriculture. The notice shall be provided in accordance with Chapter 19.32 JCC for quasi-judicial land use decisions, but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application.
C. Commercial activities in conjunction with farm use may be approved when:
1. The commercial activity is either exclusively or primarily a customer or supplier of farm products;
2. The commercial activity is limited to providing products and services essential to the practice of agriculture by surrounding agricultural operations that are sufficiently important to justify the resulting loss of agricultural land to the commercial activity; or
3. The commercial activity significantly enhances the farming enterprises of the local agricultural community, of which the land housing the commercial activity is a part. Retail sales of products or services to the general public that take place on a parcel or tract that is different from the parcel or tract on which the agricultural product is processed, such as a tasting room with no on-site winery, are not commercial activities in conjunction with farm use.
D. Commercial utility facilities to include:
1. Commercial utility facilities for the purpose of generating power for public use by sale, not including wind power generation facilities or photovoltaic solar power generation facilities.
2. As used in this subsection (D):
a. “Commercial power generating facility” means a facility for the production of energy and its related or supporting facilities that:
[1] Generates energy using means listed in ORS or OAR such as solar power, wind power, fuel cells, hydroelectric power, thermal power, geothermal power, landfill gas, digester gas, waste, dedicated energy crops available on a renewable basis or low-emission, nontoxic biomass based on solid organic fuels from wood, forest or field residues but not including the production of biofuel as authorized by ORS 215.203(2)(b)(K) in all zones that allow “farm use” and ORS 215.283(1)(r) and (2)(a) in the EF zone;
[2] Is intended to provide energy for sale; and
[3] Does not include a net metering project established consistent with ORS 757.300 and OAR Chapter 860, Division 39 or a feed-in-tariff project established consistent with ORS 757.365 and OAR Chapter 860, Division 84.
E. Community centers owned by a government agency or a nonprofit community organization and operated primarily by and for residents of the local rural community.
1. A community center 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. Commercial dog boarding kennels located on property which is high-value farmland.
G. Composting facilities for which a permit has been granted by the Department of Environmental Quality under ORS 459.245 and OAR 340-096-0024(1), (2) or (3), subject to the following special rules:
1. New nonfarm composting facilities shall not be authorized on property which is high-value farmland as defined in JCC 19.11.100;
2. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility; and
3. On-site sales shall be limited to bulk loads of at least one unit (seven and one-half cubic yards) in size that are transported in one vehicle.
4. Compost facility operators must prepare, implement, and maintain a site-specific odor minimization plan that:
a. Meets the requirements of OAR 340-096-0150;
b. Identifies the distance of the proposed operation to the nearest residential zone;
c. Includes a complaint response protocol;
d. Is submitted to the DEQ with the required permit application; and
e. May be subject to annual review by the County to determine if any revisions are necessary.
5. Compost operations subject to subsection (G)(1) of this section:
a. A new disposal site for composting that sells, or offers for sale, resulting product; or
b. An existing disposal site for composting that sells, or offers for sale, resulting product that:
[1] Accepts as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste (type 3 feedstock); or
[2] Increases the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.
H. Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels.
I. Destination resort, not permitted on high-value farmland except that existing destination resorts may be expanded subject to the following:
1. Three-Mile Setback. For uses subject to this subsection (I):
a. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved in connection with the use within three miles of an urban growth boundary, unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 4, or unless the structure is described in a master plan adopted under the provisions of OAR Chapter 660, Division 34.
b. Any enclosed structures or group of enclosed structures described in subsection (I)(1)(a) of this section within a tract must be separated by at least one-half mile. For purposes of this subsection (I), “tract” means a tract that is in existence as of June 17, 2010.
c. Existing facilities wholly within a farm use zone may be maintained, enhanced, or expanded on the same tract, subject to other requirements of law, but enclosed existing structures within a farm use zone within three miles of an urban growth boundary may not be expanded beyond the requirements of this title.
J. Dog training classes or testing trials that cannot be established under JCC 19.64.035(H).
K. Equine and equine-affiliated therapeutic counseling activities shall be conducted in existing buildings that were lawfully constructed on the property before January 1, 2019, or in new buildings that are accessory, incidental, and subordinate to the farm use on the tract. All individuals conducting therapeutic or counseling activities must act within the proper scope of any licenses required by the state.
L. Filming. On-site filming and activities accessory to on-site filming that exceed 45 days, as provided for in ORS 215.306.
M. Forest products processing facility, subject to the following requirements:
1. The primary use of the facility is for the processing of forest products;
2. The facility does not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2);
3. The approval period for the permit shall be one year which is renewable;
4. The facilities are intended to be portable or temporary in nature;
5. The primary processing of forest products 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;
6. “Forest products” means timber grown on the tract where the primary processing facility is located.
N. Geothermal resource mining and processing as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise authorized by JCC 19.64.035.
O. Golf courses (regulation only) subject to the following special rules:
1. New golf courses shall not be authorized on property which is high-value farmland as defined in ORS 195.300, but existing facilities may be maintained, enhanced or expanded, but shall not be expanded to contain more than 36 holes; and
2. A regulation golf course means an area of land with highly maintained natural turf laid out for the game of golf with a series of nine, 18 or a combination of nine or 18 holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards, to include:
a. For a nine-hole golf course, a site that generally consists of 65 to 90 acres of land, has a playable distance of 2,500 to 3,600 yards, and a par of 32 to 36 strokes;
b. For an 18-hole golf course, a site that generally consists of 120 to 150 acres of land, has a playable distance of 5,000 to 7,200 yards, and a par of 64 to 73 strokes.
3. A “nonregulation golf course” means a golf course or golf course-like development that does not meet the definition for a regulation golf course set out above, including but not limited to executive golf courses, par three golf courses, pitch and putt golf courses, miniature golf courses and driving ranges.
4. Uses accessory to a golf course shall meet the following standards:
a. An accessory use to a golf course is a facility or improvement that is incidental to the operation of the golf course and is either necessary for the operation and maintenance of the golf course or that provides goods or services customarily provided to golfers at a golf course. An accessory use or activity does not serve the needs of the nongolfing public. Accessory uses to a golf course may include: parking; maintenance buildings; cart storage and repair; practice range or driving range; clubhouse; restrooms; lockers and showers; food and beverage service; pro shop; a practice or beginner’s course as part of an 18-hole or larger golf course; or golf tournament. Accessory uses to a golf course do not include: sporting facilities unrelated to golfing such as tennis courts, swimming pools, and weight rooms; wholesale or retail operations oriented to the nongolfing public; or housing;
b. Accessory uses shall be limited in size and orientation on the site to serve the needs of persons and their guests who patronize the golf course to golf. An accessory use that provides commercial services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate buildings; and
c. Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to serve only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designed for or include structures for banquets, public gatherings or public entertainment.
5. An existing golf course may be expanded consistent with the definition of “golf course” as defined in JCC 19.11.090 and the standards of this section.
P. 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.
Q. Type III home occupations, subject to Chapter 19.92 JCC and JCC 19.64.060 and the following additional standards:
1. It shall be operated by a resident or employee of a resident of the property on which the business is located;
2. It shall employ on the site no more than five full-time or part-time persons;
3. It shall be operated substantially in:
a. The dwelling; or
b. Other buildings normally associated with uses permitted in the zone in which the property is located; and
4. It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.
5. Bed and breakfast and room and board home occupations are limited to five unrelated persons.
R. 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.
S. Mass gatherings that are outdoor and subject to County Planning Commission review per ORS 433.763 because they involve more than 3,000 persons or are anticipated to last more than 120 hours in any three-month period.
T. Mining, crushing, stockpiling, and processing of aggregate into asphalt or Portland cement and other mineral resources and other subsurface resources, subject to the following requirements where applicable:
1. The minimum amount of material to be mined shall be 1,000 cubic yards;
2. The minimum surface area of disturbance for the mining shall be one acre;
3. For the purpose of administering this use, the definition of mining shall be the one provided in ORS 215.298(3);
4. The site to be mined must be included on an inventory in an acknowledged comprehensive plan;
5. New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard, and a “planted vineyard” means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed.
U. Museum for living history, subject to the following rules:
1. 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.
2. The museum shall be related to resource based activities owned and operated by a governmental agency or a local historical society. It may include 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 historical period or the museum administration building, if areas other than ones located with the farm zones 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; and
3. A “local historical society” means the local historical society recognized as such by the Josephine County Board of Commissioners and organized under the requirements of ORS Chapter 65.
V. Private parks, playgrounds, hunting and fishing preserves, campgrounds, and transitional housing camps subject to the following requirements:
1. New developments shall not be authorized on property which is high-value farmland as defined in JCC 19.11.100, but existing facilities may be maintained, enhanced or expanded subject to other requirements of law;
2. Private campgrounds may provide yurts for overnight camping, but no more than one-third or a maximum of 10 campsites, whichever is less, may include a yurt; the yurt shall be located on the ground or on a wood floor with no permanent foundation; and, for this rule, “yurt” means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance;
3. Except on a lot or parcel contiguous to a lake or reservoir, private campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is taken pursuant to OAR Chapter 660, Division 4;
4. A campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes, and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground;
5. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites;
6. Campgrounds and transitional housing camps authorized by this rule shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations, and overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period;
7. Campsites may be occupied by a tent, travel trailer, yurt or recreational vehicle. Separate sewer, water or electric service hookups shall not be provided to individual camp sites except that electrical service may be provided to yurts;
8. Transitional housing camps are further regulated by JCC 19.99A.020(A).
W. Parks and playgrounds (a public park may be established consistent with the provisions of ORS 195.120, and include only the uses specified under OAR 660-034-0035 or 660-034-0040).
X. 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.
Y. Renewable Energy Facility.
1. As used in this subsection (Y):
a. “Renewable energy facility” means an electric power generating plant that generates electricity from a renewable energy source.
b. “Renewable energy facility” does not mean:
[1] An energy facility as defined in ORS 469.300 (Definitions);
[2] A solar photovoltaic power generation facility using:
[A] One hundred acres or less located on high-value farmland as defined in ORS 195.300 (definitions for ORS 195.300 through 195.336);
[B] One hundred acres or less located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or
[C] Three hundred twenty acres or less located on any other land;
[3] A net metering facility as defined in ORS 757.300 (Net metering facility allowed to connect to public utility); or
[4] A community solar project as defined in ORS 757.386 (Program for procurement of electricity from community solar projects).
2. An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416 (Permit application). An applicant must demonstrate to the satisfaction of the County that the renewable energy facility meets the standards under subsection (Y)(3) of this section.
3. In order to issue a permit, the County shall require that the applicant:
a. Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the County, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;
b. Conduct a habitat assessment of the proposed development site;
c. Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012 (Wildlife policy);
d. Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18;
e. Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:
[1] Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);
[2] Inventoried in a local comprehensive plan; or
[3] Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905 (Definitions for ORS 358.905 through 358.961);
f. Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the County to secure restoration of the site to a useful, nonhazardous condition;
g. Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470(2) (Powers and duties) and 469.501 (Energy facility siting, construction, operation and retirement standards) that the County determines are applicable; and
h. Provide the financial assurances described in subsection (Y)(3)(f) of this section in the form and at the time specified by the County.
4. Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and County may jointly enter into a cost reimbursement agreement administered by the County with:
a. The State Department of Fish and Wildlife to receive comments under subsection (Y)(3)(a) of this section.
b. The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (Y)(3)(b) of this section.
c. The State Department of Energy to receive comments under subsections (Y)(3)(c) and (d) of this section as well as comments regarding other matters as the County may require.
5. A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (Y)(6) of this section. The notice must include, at a minimum:
a. A description of the proposed renewable energy facility;
b. A description of the lots or parcels subject to the permit application;
c. The dates, times and locations where public comments or public testimony on the permit application can be submitted; and
d. The contact information for the governing body of the county and the applicant.
6. The notice required under subsection (Y)(5) of this section must be delivered to:
a. The State Department of Fish and Wildlife;
b. The State Department of Energy;
c. The State Historic Preservation Officer;
d. The Oregon Department of Aviation;
e. The United States Department of Defense; and
f. Federally recognized Indian tribes that may be affected by the application. [2019 c.650 § 4.]
Z. Road, highway and other transportation facilities and improvements not allowed under JCC 19.64.030 may be established subject to the adoption of an exception to Goal 3 and to any other applicable statewide planning goal with which the facility or improvement does not comply.
AA. Road and highway facilities (improvement only), affecting facilities such as maintenance yards, weight stations and rest areas, where additional right-of-way is required but not resulting in the creation of new land parcels.
BB. Solid waste disposal site 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 (new disposal sites shall not be authorized on property which is high-value farmland as defined in JCC 19.11.100).
CC. Schools as formerly allowed pursuant to ORS 215.283(1)(a) that were established on or before January 1, 2010, may be expanded if:
1. The expansion complies with ORS 215.296;
2. The school was established on or before January 1, 2009;
3. The expansion occurs on a tax lot:
a. On which the school was established; or
b. Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which the school was established;
4. The school is a public or private school for kindergarten through grade 12; and
5. The conditional use review criteria in this section are met.
DD. Storage of up to seven log trucks.
EE. Towers for transmitting signals that are over 200 feet in height.
FF. Utility facilities for the purpose of generating power for public use by sale; a power generation facility shall not preclude more than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and OAR Chapter 660, Division 4. [Ord. 2023-005 § 1; Ord. 2022-001 § 1; Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 64.040.]
19.64.050 Temporary uses.
The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC 19.64.095. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.
A. Medical hardship dwelling/detached living space, when the landowner signs and records a waiver of claim for relief or cause of action as provided for in JCC 19.64.060(B).
B. Outdoor mass gathering involving less than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period.
C. Temporary storage of unoccupied manufactured dwelling. [Ord. 2018-003 § 1; 2005 RLDC § 64.050.]
19.64.060 General requirements for conditional uses and new dwellings.
In addition to the standards and criteria for conditional uses contained in Chapter 19.45 JCC, all conditional uses (JCC 19.64.040) and new dwellings (JCC 19.64.070) in the farm zones shall be reviewed against the following additional requirements:
A. The use or activities associated with the use will not force a significant change in or significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and
B. As a condition of approval of the use, the landowner for the dwelling shall sign and record in the County deed records a document binding the landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. [2005 RLDC § 64.060.]
19.64.070 Standards and criteria for nonfarm dwellings.
Nonfarm single-family dwellings may be authorized in the farm zones using quasi-judicial review procedures (JCC 19.22.040). The governing standards and criteria for review and approval shall be those listed in JCC 19.64.060, and the ones that are identified pursuant to the applicable requirements listed below. New nonfarm dwellings are also subject to applicable development standards contained in JCC 19.64.095. In all cases, a development permit (Chapter 19.41 JCC) is required for final permit approval.
A. Dwellings Not in Conjunction with Farm Use (Nonfarm Dwellings). One single-family residential dwelling not provided in conjunction with commercial farm use, based on findings demonstrating that all of the following requirements are met:
1. The dwelling is situated upon a lot or parcel, or a portion of a lot or parcel, that is generally unsuitable land for the production of farm crops and livestock or merchantable tree species, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract, subject to the following additional rules:
a. A lot or parcel or portion of a lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land; and
b. A lot or parcel or portion of a lot or parcel is not “generally unsuitable” simply because it is too small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold, leased, rented or otherwise managed as a part of a commercial farm or ranch, then the lot or parcel or portion of the lot or parcel is not “generally unsuitable.” A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is composed predominantly of class I – IV soils. Just because a lot or parcel or portion of a lot or parcel is unsuitable for one farm use does not mean it is not suitable for another farm use; or
c. If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable land for the production of merchantable tree species recognized by the forest practices rules, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel. In addition:
[1] If a lot or parcel is under forest assessment, the area is not “generally unsuitable” simply because it is too small to be managed for forest production profitably by itself. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a part of a forestry operation, it is not “generally unsuitable.”
[2] If a lot or parcel is under forest assessment, it is presumed suitable if it is composed predominantly of soils capable of producing 50 cubic feet of wood fiber per acre per year;
d. If a lot or parcel is under forest assessment, a finding must be made that the dwelling is compatible with and will not seriously interfere with forest uses on surrounding lands, and will not force a significant change in forest practices or significantly increase the cost of those practices on the surrounding lands.
2. The dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, a county shall consider the cumulative impact of nonfarm dwellings on other lots or parcels in the area similarly situated by applying the standards contained in OAR 660-033-0130(4)(c)(C). If the application involves the creation of a new parcel for the nonfarm dwelling, the standards contained in the administrative rule shall also be applied to determine whether creation of the parcel will lead to creation of other nonfarm parcels, which cumulatively will result in the material alteration of the overall land pattern in the area.
3. The dwelling will be sited on a lot or parcel created before January 1, 1993, or on a lot or parcel created after January 1, 1993, when the lot or parcel was created in conformance with the requirements of JCC 19.64.090(C).
4. A nonfarm dwelling may not be approved on a lot or parcel that is already established with a single-family dwelling is established on a lot or parcel as a lot of record dwelling per subsection (B) of this section.
5. Submit proof that the lot or parcel has been disqualified for valuation for farm use pursuant to the requirement of ORS 215.236.
B. Lot of Record Dwellings. A dwelling may be approved as a limited lot of record dwelling, subject to the following requirements:
1. General Requirements.
a. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and owned continuously by the present owner:
[1] Before and after January 1, 1985; or
[2] By devise or by intestate succession from a person who acquired and had owned continuously the lot or parcel before and after January 1, 1985;
b. The tract on which the dwelling will be sited does not include a dwelling;
c. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of that tract;
d. The proposed dwelling is not prohibited by, and will comply with, the requirements of the acknowledged comprehensive plan and land use regulations and other provisions of law;
e. The lot or parcel on which the dwelling will be sited is not high value farmland unless the further requirements of subsection (B)(2) of this section are satisfied;
f. When the lot or parcel on which the dwelling will be sited lies within an area designated in an acknowledged comprehensive plan as habitat of big game, the siting of the dwelling is consistent with the limitations on density upon which the acknowledged comprehensive plan and land use regulations intended to protect the habitat are based;
g. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract are consolidated into a single lot or parcel when the dwelling is allowed.
2. High Value Farmland – Option Number One. Notwithstanding the general requirement of subsection (B)(1)(e) of this section, a single-family dwelling may be sited on high value farmland if:
a. It meets the other requirements of subsections (B)(1)(a) and (b) of this section;
b. The lot or parcel is protected as high value farmland as defined in OAR 660-033-0020(8)(a); and
c. A hearings officer of a county determines that:
[1] The lot or parcel cannot practicably be managed for farm use, by itself or in conjunction with other land, due to extraordinary circumstances inherent in the land or its physical setting that do not apply generally to other land in the vicinity. For the purposes of this section, this criterion asks whether the subject lot or parcel can be physically put to farm use without undue hardship or difficulty because of extraordinary circumstances inherent in the land or its physical setting. Neither size alone nor a parcel’s limited economic potential demonstrate that a lot of parcel cannot be practicably managed for farm use. Examples of “extraordinary circumstances inherent in the land or its physical setting” include very steep slopes, deep ravines, rivers, streams, roads, railroad or utility lines or other similar natural or physical barriers that by themselves or in combination separate the subject lot or parcel from adjacent agricultural land and prevent it from being practicably managed for farm use by itself or together with adjacent or nearby farms. A lot or parcel that has been put to farm use despite the proximity of a natural barrier or since the placement of a physical barrier shall be presumed manageable for farm use.
[2] The dwelling 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.
[3] The dwelling will not materially alter the stability of the overall land use pattern in the area by applying the requirements contained in subsection (A)(2) of this section.
d. Written notice shall be mailed at least 20 calendar days prior the public hearing before the hearings officer to the State Department of Agriculture.
3. High Value Farmland – Option Number Two. Notwithstanding the general requirement of subsection (B)(1)(e) of this section, a single-family dwelling may be sited on high value farmland if:
a. It meets the other requirements of subsections (B)(1)(a) and (b) of this section.
b. The tract on which the dwelling will be sited is:
[1] Not high value farmland defined because the land in the tract is composed of soils that are classified other than prime, unique, or class I or II, when either irrigated or not irrigated.
[2] Twenty-one acres or less in size.
c. The tract meets one of the following locational requirements:
[1] It is bordered on at least 67 percent of its perimeter by tracts that are smaller than 21 acres, and at least two such tracts had dwellings on January 1, 1993; or
[2] The tract is not a flag lot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary; or
[3] The tract is a flag lot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract and on the same side of the public road that provides access to the subject tract. The governing body of a county must interpret the center of the subject tract as the geographic center of the flag lot if the applicant makes a written request for that interpretation and that interpretation does not cause the center to be located outside the flag lot. Up to two of the four dwellings may lie within the urban growth boundary, but only if the subject tract abuts an urban growth boundary. As used in this subsection:
[A] “Flag lot” means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract.
[B] “Geographic center of the flag lot” means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flag lot, at a 90-degree angle to that side, and the second line crosses the midpoint of the longest adjacent side of the flag lot.
4. Miscellaneous Requirements. The following additional requirements shall apply to the review and approval of all lot of record dwellings:
a. For purposes of administering the lot of record test, “owner” includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, nephew, stepparent, stepchild, grandparent or grandchild of the owner or a business entity owned by any one or a combination of these family members;
b. The County Assessor shall be notified that the governing body intends to allow the dwelling;
c. When a local government approves an application for a single-family dwelling under the lot of record test, the application may be transferred by the owner to any other person after the effective date of the land use decision.
C. Time Limit and Extension of Dwelling Permits. Notwithstanding the requirements of JCC 19.41.030, Time limit, extension and expiration of permits, land use permits approvals for dwellings within the farm zones shall be valid for four years from the date findings of approval are signed, and an extension of the permit shall be valid for two years. [2005 RLDC § 64.070.]
19.64.080 Siting standards.
The placement of dwellings shall be located on the least productive, buildable portion of the parcel taking into consideration terrain, adverse soil or land conditions, drainage and flooding, access, vegetation, location and the size of the tract. If the parcel is under forest assessment, the dwelling shall be sited upon generally unsuitable land for the production of merchantable tree species recognized under the forest practice rules. The following will be required:
A. Drawing Requirements.
1. A site map of the property which shows the township, range, section and tax lot numbers held in ownership by the property owner;
2. All physical features on the site which are of significance with regard to review of the above application process including steep slopes, access roads, existing buildings and structures, and other improvements;
3. The proposed location of new dwellings to be placed on the site.
B. Siting Requirements.
1. The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming or forest practices on nearby lands devoted to farm or forest use;
2. The placement of dwellings shall be located on the least productive, buildable portion of the parcel taking into consideration terrain, adverse soil or land conditions, drainage and flooding, access, vegetation, location and the size of the tract;
3. A lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land;
4. If the parcel is under forest assessment, the dwelling shall be sited upon generally unsuitable land for the production of merchantable tree species recognized under the forest practice rules considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel;
5. The dwelling will not materially alter the stability of the overall land use pattern of the area; and
6. If the dwelling is established under JCC 19.64.070(A) or (B), then additional dwellings may not be approved or sited. [2005 RLDC § 64.080.]
19.64.090 Special requirements for land divisions.
The minimum parcel size for all new land divisions in the farm zones shall be 80 acres unless a smaller size is authorized by an applicable provision of this section. In addition to the land division requirements contained elsewhere in this chapter, or in Division V of this title, the following additional rules shall apply to land divisions within the farm zones. Also, no land division for the uses described in subsections (B), (C), (D) and (E) of this section shall be approved unless any additional tax imposed for the change in use has been paid.
A. Parcels for Farm Uses. A land division to create a parcel for farm use (as defined in ORS 215.203) shall result in parcels that are 80 acres or larger.
B. Parcels for Nonfarm Uses. A land division to create a parcel for any use listed JCC 19.64.040 (Conditional uses) may be for a size less than 80 acres provided a finding is made the smaller size is not larger than the minimum size necessary for the use.
C. Parcels for Dwellings Not in Conjunction with Farm Uses. Land divisions for dwellings not in conjunction with farm uses may be approved to create:
1. Up to two new parcels smaller than the minimum size of 80 acres if:
a. The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully created prior to July 1, 2001;
b. The parcels for the nonfarm dwellings are divided from a lot or parcel that complies with the minimum size of 80 acres or larger;
c. The remainder of the original lot or parcel that does not contain the nonfarm dwellings remains 80 acres or larger; and
d. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land.
2. Two parcels if:
a. The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully created prior to July 1, 2001;
b. The parcels for the nonfarm dwellings are divided from a lot or parcel that is equal to or smaller than 80 acres but not less 40 acres;
c. The parcels for the nonfarm dwellings are:
[1] Not capable of producing more than at least 50 cubic feet per acre per year of wood fiber; and
[2] Composed of at least 90 percent class VI through VIII soils;
d. The parcels for the nonfarm dwellings do not have established water rights for irrigation; and
e. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land.
3. This section does not apply to the creation or sale of cemetery lots if a cemetery is within the boundaries designated for a farm use zone at the time the zone is established. This section also does not apply to divisions of land resulting from lien foreclosures or from foreclosure of recorded contracts for the sale of real property.
D. Parcels for Residential Homes. A land division may be approved for an existing residential home as described in ORS 197.660(2) if the dwelling has been or is approved as a dwelling not in conjunction for farm use, or the dwelling is a replacement for a dwelling that is listed in the County’s inventory as a historic property pursuant to JCC 19.64.030(B).
E. Parcels for Providers of Public Parks or Open Spaces or Conservation Organizations. A land division may be allowed for a provider of a public park or open space, or a not-for-profit land conservation organization, to permit the purchase of at least one of the resulting parcels when:
1. One of the parcels is large enough to support the continued residential use of an existing dwelling; and
2. The parcel that does not contain a dwelling meets the following requirements:
a. It is not eligible for siting a dwelling except as may be authorized within state parks pursuant to ORS 195.120; and
b. May not be considered in approving or denying an application for siting any other dwelling; and
c. May not be considered in approving a redesignation or rezoning to allow a public park, open space or other natural resource use; and
d. May not be smaller than 25 acres unless the purpose of the land division is:
[1] To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or
[2] To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.
F. Churches. A land division may be approved to establish a church, including cemeteries in conjunction with the church, at sizes less than 80 acres if:
1. The church has been approved pursuant to JCC 19.64.035(D);
2. The newly created lot or parcel is not larger than five acres; and
3. The remaining lot or parcel, not including the church, is 80 acres or larger either by itself or by consolidation with another lot or parcel. [2005 RLDC § 64.090.]
19.64.095 Property development standards.
All uses authorized by this chapter are subject to certain additional permit, process and property development standards that are contained elsewhere in this title. The following is a list of chapters that are or may be applicable:
A. Permit Review Requirements.
1. Basic review provisions – Chapter 19.20 JCC;
2. Pre-application review – Chapter 19.21 JCC;
3. Permit review procedures – Chapter 19.22 JCC;
4. Basic application requirements – Chapter 19.40 JCC;
5. Administration of permits – Chapter 19.41 JCC;
6. Site plan review – Chapter 19.42 JCC;
7. Temporary uses – Chapter 19.43 JCC;
8. Variances – Chapter 19.44 JCC;
9. Conditional uses – Chapter 19.45 JCC.
B. Property Development Standards.
1. Minimum lot size – 80 acres (some exceptions allowed per JCC 19.64.090);
2. Minimum lot width for new parcels:
a. Two hundred feet for nonfarm dwellings;
b. Three hundred feet for all farm and forest uses;
c. Minimum width necessary to accommodate conditional uses approved per JCC 19.64.090(B).
3. Setbacks – Front (30 feet); rear (30 feet); side (30 feet).
4. Access and transportation – See Chapter 19.81 JCC.
5. Airport overlay – See Chapter 19.69D JCC.
6. Archaeological resources – See Chapter 19.93 JCC.
7. Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.
8. Erosion, sediment, storm drainage facilities – See Chapter 19.83 JCC.
9. Deer overlay – See Chapter 19.69B JCC.
10. Fences, wall and screens – See Chapter 19.73 JCC.
11. Flood hazard overlay – See Chapter 19.69A JCC.
12. Historic resources – See Chapter 19.94 JCC.
13. Mineral and aggregate resources – See JCC 19.72.040(A) and Chapter 19.91 JCC.
14. Parking – Chapter 19.75 JCC.
15. RV parks, lodges and campgrounds – See Chapter 19.98 JCC.
16. Signs – See Chapter 19.74 JCC.
17. Solid waste – See Chapter 19.86 JCC.
18. Stream setbacks – See Chapter 19.72 JCC.
19. Utilities – See Chapter 19.85 JCC.
20. Water hazard overlay – See Chapter 19.69E JCC.
21. Water standards – See Chapter 19.84 JCC.
22. Wild and scenic rivers overlay – See Chapter 19.69 JCC. [2005 RLDC § 64.095.]