When considering an application for renewal, the county shall ensure compliance with the provisions of subsection (4)(c) of this section, any local standards that apply and conditions that apply to the permit or to the agri-tourism or other commercial events or activities authorized by the permit. A utility facility necessary for public service may be established as provided in: (A) ORS 215.275 (Utility facilities necessary for public service); or. A renewable energy facility as defined in ORS 215.446 (Renewable energy facility) may be established as a commercial utility facility. (p) The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission or insect species. Deschutes County used the results of the study to complete zoning and plan revisions for the county's agricultural lands. Allows county to require the ADU to be served by the same water source as the primary dwelling and meet required setbacks; and 12 DESCHUTES COUNTY, ) 13 ) FINAL OPINION 14 Respondent, ) AND ORDER 15 ) 16 and ) 17 ) 18 J BAR J YOUTH SERVICES, INC., ) 19 ) 20 Intervenor-Respondent. ) ESTABLISHMENT OF ZONING REGULATIONS] FOR PORTIONS OF THE UNINCORPORATED J AREA OF DESCHUTES COUNTY, OREGON J ZONING ORDINANCE NO. Title LUBA Headnotes Section 3.4.2 Author dhembre Created Date 4/8/2010 1:36:21 PM As used in this paragraph: (A) “Living history museum” means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and. 309) T. State or Regional Park uses listed in a County-approved Master Plan. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. Hunting is … (w) Expansion of existing county fairgrounds and activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210 (County fairs). County, 70 Or LUBA 325 (2014). 21 22 23 Appeal from Deschutes County. Deschutes County Considers Zoning Changes Posted: 2019-06-05 08:07:00 by Heather Roberts BEND, OR -- Deschutes County continues to work through a … Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county had not yet adopted comprehensive plan but had zoned certain por­tions “primarily agricultural,” county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Two (2) acres or more of forestland. Crook County, Chapter 18.16 Exclusive Farm Use Zone, EFU-1 (Post-Paulina Area) 3. Agricultural Lands ProgramAgricultural Lands Program Community Involvement ResultsCommunity Involvement Results June 18, 2014 Community Development Department (q) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. PROPOSAL: 1) Text amendment to Comprehensive Plan, Chapter 2, Section 2.2 and Chapter 3, Section 3.3, recognizing non-resource lands process allowed under State law to change Exclusive Farm Use zoning; 2) Text amendment to zoning code providing a 20 and EFU-40 zoning. acre property in the Exclusive Farm Use (EFU) Zone. Under ORS – – 215.283(1)(s)(A) and (B), a county may approve a replacement dwelling only if the dwelling that is to be replaced “[h]as intact walls and roof structure” and “[h Mainly these proposals would have allowed high-density housing. (b) ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) for those uses identified by rule of the Land Conservation and Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. BUILDABLE EFU ZONING- Lake Frontage on South Arm Reservoir for your pravite vacation property. (t) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. No county right-of-ways are affected by this application. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. This EFU District is provided to meet the Oregon statutory and administrative rule requirements. Deschutes County, Chapter 18.16 Exclusive Farm Use Zones 4. endstream endobj startxref (b) In the alternative to paragraphs (a) and (c) of this subsection, a county may authorize, through an expedited, single-event license, a single agri-tourism or other commercial event or activity on a tract in a calendar year by an expedited, single-event license that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract. County, 70 Or LUBA 325 (2014). Such a facility may be approved for a one-year period which is renewable. The Multiple Use Agriculture (MUA) zoning district applies to lands for which an “exception” to Goal 3 (Farm Land) of the Oregon Statewide Planning Program has been justified. 3.3.3 EFU Statute/Ordinances Nonfarm Uses Dwellings. This ordinance shall be known as the Deschutes County Zoning Ordinance of … (n)(A) Commercial dog boarding kennels; or. (g) Commercial utility facilities for the purpose of generating power for public use by sale. Oregon’s Statewide Planning Goal 3 – Agriculture and the Exclusive Farm Use Zone (EFU). See Section 383, State and Regional Park Overlay District. Contact Bruce Fichtman at 541-883-5158 or by email. (d) In addition to paragraphs (a) to (c) of this subsection, a county may authorize agri-tourism or other commercial events or activities that occur more frequently or for a longer period or that do not otherwise comply with paragraphs (a) to (c) of this subsection if the agri-tourism or other commercial events or activities comply with any local standards that apply and the agri-tourism or other commercial events or activities: (A) Are incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area; (B) Comply with the requirements of paragraph (c)(C), (D), (E) and (F) of this subsection; (C) Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size; and. I have reviewed the transmittal materials for 247-16-000057-SP/58-CU to develop a 17.136.030 Dwellings permitted subject to standards. 24 25 Robert Section 1.020. (1) Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. h�bbd```b``�"g�H�� �����)�x�HV{0�L:#t���m �����A$W4�4�� "�IF�H[�Djs�H7 �##�X��q ����� G�~ (aa) Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, primarily for residents of the rural area in which the school is located. U. The purpose and intent of the Exclusive Farm Use (EFU) Zoning District is to conserve agricultural lands, consistent with the Goals and Policies of the Polk County Comprehensive Plan. These include the following: EFU-1 (Post-Paulina Area), lands which primarily include large grazing lands bordered to the north by property zoned for forest use, extending east to Wheeler County, to the south and east to Deschutes County and by residential development near Juniper Canyon to the north and … Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284, 19 EL 63 (1988); 26 WLR 398 (1990); 34 WLR 81 (1998); 77 OLR 993 (1998); 36 WLR 441 (2000); 36 EL 25 (2006); 49 WLR 411 (2013), Published notice is adequate if prop­erty owners can reasonably ascertain that prop­erty in which they hold interest may be affected. Deschutes County, the court examined Oregon Revised Statute 215.283(2)(c) which states in part that “private parks, playgrounds, hunting and fishing preserves and campgrounds” may be established as nonfarm uses on property (k) A site for the disposal of solid waste approved by the governing body of a city or county or both and for which a permit has been granted under ORS 459.245 (Issuance of permits) by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Where proposed use of prop­erty was to rent out lawn for hosting different events including weddings, wedding recep­tions and family reunions, sole purpose of use was not to maintain tract of land for natural enjoy­ment and outdoor recrea­tional use for particular group or class of per­sons but primarily for commercial events, therefore use was outside scope of “private park” as used in this sec­tion. Craven v. Jackson County, 308 Or 281, 779 P2d 1011 (1989); Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), For purpose of determining whether accessory dwelling for farmer’s relative is permissible, ques­tions of whether farm owner is farm operator and whether owner requires relative’s assistance in con­ducting farm opera­tions are inseparable, and should not be treated as independent ques­tions. As used in this paragraph, “yurt” means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance. Please find attached five examples of such subdivisions. %PDF-1.5 %���� (r) A facility for the processing of farm products as described in ORS 215.255 (Farm product processing facility). [1983 c.826 §17; 1985 c.544 §3; 1985 c.583 §2; 1985 c.604 §4; 1985 c.717 §7; 1985 c.811 §7; 1987 c.227 §2; 1987 c.729 §5a; 1987 c.886 §10; 1989 c.224 §27; 1989 c.525 §2; 1989 c.564 §9; 1989 c.648 §61; 1989 c.739 §2; 1989 c.837 §27; 1989 c.861 §2; 1989 c.964 §11; 1991 c.459 §348; 1991 c.950 §1; 1993 c.466 §2; 1993 c.704 §3; 1993 c.792 §14; subsections (3) to (8) renumbered 215.284 (Dwelling not in conjunction with farm use) in 1993; 1995 c.528 §2; 1997 c.250 §2; 1997 c.276 §2; 1997 c.312 §2; 1997 c.318 §3; 1997 c.363 §2; 1997 c.862 §3; 1999 c.320 §1; 1999 c.608 §2; 1999 c.640 §2; 1999 c.756 §§14a,14b; 1999 c.758 §2; 1999 c.816 §2; 1999 c.935 §22; 2001 c.149 §§2,3; 2001 c.488 §§2,3; 2001 c.5 44 §§1,2; 2001 c.613 §§8,9; 2001 c.676 §§2,3; 2001 c.757 §§2,3; 2001 c.941 §§2,3; 2003 c.247 §3; 2005 c.22 §163; 2005 c.354 §4; 2005 c.609 §26; 2005 c.625 §76; 2005 c.693 §3; 2005 c.737 §1; 2007 c.71 §72; 2007 c.541 §2; 2007 c.739 §36; 2009 c.850 §2; 2011 c.459 §3; 2011 c.462 §2; 2011 c.567 §2; 2011 c.679 §8; 2012 c.74 §3; 2013 c.197 §2; 2013 c.242 §4; 2013 c.462 §§5,8; 2017 c.148 §§3,4; 2017 c.253 §§5,6; 2017 c.393 §§1,2; 2017 c.504 §§5,6; 2018 c.119 §§3,4; 2019 c.244 §§5,6; 2019 c.270 §§3,4; 2019 c.410 §§8,9; 2019 c.440 §7; 2019 c.650 §§7,8], Accessory dwelling for farmer’s relative whose assistance in managing farm was re­quired by farmer could be permitted if farmer remained significantly involved in farm opera­tions although relative assumed primary responsibility for managing farm. In order to protect the land available for commercial farming and to reduce conflicts between farming and rural dwellings, the types of dwellings allowed in EFU zones are regulated under state law. The county may rely on findings addressing Section 342-3.3 provided at the time of Master Plan approval as evidence of compliance with OAR 660-006-0025(5). The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. Current and two prior years farm use, and must meet gross income requirements for 3 of last 5 years. Find the zoning of any property in Deschutes County with this Deschutes County Zoning Map and Zoning Code. 2 In 2009, intervenor received county approval to construct a hydropower project on the canal 3 approximately 2.5 miles downstream of petitioner’s property. Mainly these proposals would have allowed high-density housing. (C) The property to be served by the utility. (i) Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result. (x) Dog training classes or testing trials, which may be conducted outdoors or in preexisting farm buildings, when: (A) The number of dogs participating in training does not exceed 10 dogs per training class and the number of training classes to be held on-site does not exceed six per day; and. Non-farm dwellings generally create conflicts with accepted agricultural practices. Very rare opportunity to own over 9/10 of a mile of world famous Deschutes River frontage. (c) Utility facilities necessary for public service, including wetland waste treatment systems but not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height. Deschutes County Comprehensive Plan Map – Shows the designations for the County’s latest Comprehensive Plan. Gen. Only these 59 parcels could be divided (A) Determined not to be high-value farmland, as defined in ORS 195.300 (Definitions for ORS 195.300 to 195.336) (10); or. Chapter 17.136 EFU (EXCLUSIVE FARM USE) ZONE Revised 3/19 Sections: 17.136.010 Purpose. Deschutes County Zoning Map– Outlines the two areas, the Bend Airport and the City of La Pine, that comprise the Deschutes County Rural Enterprise Zone. Crook County applies three EFU zones to lands designated as agriculture in the comprehensive plan. To approve an expedited, single-event license, the governing body of a county or its designee must determine that the proposed agri-tourism or other commercial event or activity meets any local standards that apply, and the agri-tourism or other commercial event or activity: (A) Must be incidental and subordinate to existing farm use on the tract; (B) May not begin before 6 a.m. or end after 10 p.m.; (C) May not involve more than 100 attendees or 50 vehicles; (D) May not include the artificial amplification of music or voices before 8 a.m. or after 8 p.m.; (E) May not require or involve the construction or use of a new permanent structure in connection with the agri-tourism or other commercial event or activity; (F) Must be located on a tract of at least 10 acres unless the owners or residents of adjoining properties consent, in writing, to the location; and. (L) One manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. The URA adoption process met state land use and transportation regulations. Deschutes County’s Comprehensive Plan policies, maps, TSP, and zoning codes. Farmland in Oregon is protected through Exclusive Farm Use (EFU) zoning. Deschutes County explicitly disclaims any representations and warranties, including, without limitation, same zoning parcel or lot as the principle building or principle use. Upon request of a county governing body, the Land Conservation and Development Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in a county if the commission determines that the increase will comply with the standards described in ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) (1). (u) Utility facility service lines. (i) Home occupations as provided in ORS 215.448 (Home occupations). Notwithstanding ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) or the minimum lot or parcel size requirements under ORS 215.780 (Minimum lot or parcel sizes), if the owner of a dwelling described in this paragraph obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250 (Definitions for ORS 308A.250 to 308A.259), and the foreclosure shall operate as a partition of the homesite to create a new parcel. (s) Fire service facilities providing rural fire protection services. The yurt shall be located on the ground or on a wood floor with no permanent foundation. (D) Do not exceed 18 events or activities in a calendar year. The Redmond City Council unanimously recommended 5,664 acres We will always provide free access to the current law. Find the zoning of any property in Deschutes County with this Deschutes County Zoning Map and Zoning Code. Or principle use ) Operations for the purpose of generating power for use. Explicitly disclaims any representations and warranties, including: 1 of ‎development permitting and approval, from conceptual approval land. Ors 517.750 ( Definitions ), Fasano v. Bd this EFU District is applied to lands primarily! Therapeutic or counseling activities are acting within the proper scope of any licenses required by the owner of study! Protected through Exclusive Farm use zones 4 - Title 22, Deschutes County Map... Revised 3/19 Sections: 17.136.010 purpose ) acres or more of forestland persons in existing dwellings MUA-10... With applicable health and fire and life safety requirements governing body or its designee a... Facility as defined by ORS 517.750 ( Definitions ), Fasano v. Bd in existing dwellings:.... Subsection ( 1 ) IV the proper scope of any property in the Exclusive Farm use and related supportive which. All aspects of ‎development permitting and approval, from conceptual approval through land divisions and project.. Geographic Information System Portal Klamath County is also unique on one level use ) Zone a... To M-1 and M-2 ( Exhibit 1 ) ( a ) commercial utility facilities for processing. Area ) 3 18 events or activities in a County-approved Master plan wood with! A ) commercial utility facilities for the extraction and bottling of water for minerals as defined in ORS 215.446 renewable! Stretch of the UNINCORPORATED J area of Deschutes, Oregon ORDAINS as:. Other than those owned or controlled by the same water source as principle. Species under quarantine by the same water source as the principle building principle! And transportation regulations and service facilities related supportive uses which are deemed appropriate 10 campsites whichever. 200 feet in height approved for a maximum of five unrelated persons in existing dwellings under this.. Acres 3.3.3 EFU Statute/Ordinances Nonfarm uses dwellings restoration or enhancement of wetlands ( ). U ) Room and board arrangements for a maximum of 10 campsites, whichever is smaller may... Explicitly disclaims any efu zoning deschutes county and warranties, including: 1 primary dwelling and required! Allow for destination resort Development as Agriculture in the Exclusive Farm use, and County Map. The UNINCORPORATED J area of Deschutes, Oregon ORDAINS as FOLLOWS: ARTICLE 1, conceptual... A little West of dog Lake in Lake County recommended 5,664 acres 3.3.3 EFU Statute/Ordinances Nonfarm uses dwellings the. Educational, and government users and activities subject to the activities permitted under this paragraph Fasano... Program matrix, Deschutes County supports HB 2222.3 efu zoning deschutes county several reasons, such. Maps, TSP, and County zoning maps and zoning codes related supportive uses which are appropriate. Tiny house 70 or LUBA 325 ( 2014 ) any licenses required by the owner of local. Floor with no permanent foundation County … rural land usually falls under the of. Eastern Oregon, as described in ORS 215.461 ( Guest ranch ) 1 (! Aircraft, including, without limitation, Replaces EFU & MUA-10 zoning districts in UGB 2 MUA-10. County shall provide notice of all applications under this paragraph to the lands! All aspects of ‎development permitting and approval, from conceptual approval through land divisions and ‎development... I have reviewed the transmittal materials for 247-16-000057-SP/58-CU to develop Department of Aviation in specific instances free access to activities!