1994-22178-Ordinance No. 94-026 Recorded 5/12/1994z REVIEWED
94-22178 wwtz�
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COM 1SSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending. Chapter 18.16 * ` ' ! `� r► j: [}]
of the Deschutes County Code, Amending
Standards for Nonfarm Dwellings and
Divisions of Farm Properties in the * "
Exclusive Farm Use (EFU) Zone, and
Declaring an Emergency. * 0 t' "
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NO. 94-026
WHEREAS, the Land Conservation and Development Commission filed
new administrative rules OAR 660-33-135 on March 1, 1994, relative to
requirements for Agricultural Lands; and
WHEREAS, the newly adopted rules were made effective upon filing;
and
WHEREAS, the newly adopted rules are very restrictive for
establishing new farm dwellings, but provide the county the ability to
relax somewhat approval standards for nonfarm dwellings; and
WHEREAS, the Board finds it is in the public interest to balance
the effect of these new rules on rural property owners; and
WHEREAS, public hearings have been held on the proposed amendments
consistent with state and county law; and
WHEREAS, the Deschutes County Planning Commission recommended
adoption of the amendments as proposed; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as
follows:
Section 1. ADOPTION OF AMENDMENTS TO SECTION 18.16.050 OF THE
DESCHUTES COUNTY CODE. Section 18.16.050 of the Deschutes County Code,
as amended, is further amended by the provisions set forth in Exhibit
"A", attached hereto and by this reference incorporated herein.
Section 2. ADOPTION OF AMENDMENTS TO SECTION 18.16.055 OF THE
DESCHUTES COUNTY CODE. Section 18.16.055 of the Deschutes County Code,
as amended, is further amended by the provisions set forth in Exhibit
"B", attached hereto and by this reference incorporated herein.
Section 3. SEVERABILITY. The provisions of this ordinance are
severable. If any sentence, clause, or phrase of this ordinance is
found to be invalid by a court of competent jurisdiction that decision
shall not affect the validity of the remaining portions of this
ordinance.
ORDINANCE NO. 94-026
Page 1
kEY ,-
J 199
0135-161,6
Section 4. CORRECTIONS. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
Section 5. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, code section or any line on any map by this
ordinance shall not release or extinguish any duty, condition, penalty,
forfeiture, or liability incurred under such ordinance, ordinance
provision, code section or map feature unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed shall
be treated as still remaining in force for the enforcement of such
duty, condition, penalty, forfeiture, or liability, and for the purpose
of authorizing the prosecution, conviction and punishment of the person
or persons who violated the repealed ordinance.
Section 6. EMERGENCY. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on its
passage.
DATED this //fA day of May, 1994.
AT ES
Recording Secretary
ORDINANCE NO. 94-026
Page 2
BOARD OF COUNTY
NANCY scB'"GEN, Chair
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TOM' THROOP, I Co issioner
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BARRY H. SLAUGHTER, Commissioner
EXHIBIT "A" 0135-1.6'1
18.16.050 Standards for Dwellings in the EFU Zones
A. Farm -Related Dwellings
A dwelling, including a manufactured home in accordance with Section 18.116.070, is considered
to be customarily provided in conjunction with farm use and may be permitted when all the following
criteria are met:
a. The dwelling will be located on a legally established parcel that meets the minimum
parcel size for the applicable subzone, as described under Section 18.16.065.
b. The parcel is currently employed in "farm use", as evidenced by a farm management
plan showing that the day-to-day activities on the land are principally directed to the farm use of the
land.
C. The dwelling is for the farm operator and there are no other dwellings located on the
parcel or parcels covered by the farm management plan.
d. The dwelling will be located on the least productive part of the parcel.
e. No further farm related dwellings will be allowed on separate parcels, any portion
of which makes up the land area included in the farm management plan, as evidenced by a restrictive
covenant.
B. Secondary Accessory Farm Dwelling. A manufactured home as a secondary accessory farm
dwelling in accordance with Section 18.116.070 may be permitted subject to the following criteria:
a. An owner -occupied farm dwelling, consistent with Section 18.16.050(A), must exist
on the farm unit.
b. A secondary accessory farm dwelling is not permitted on a parcel of less than 40
acres unless it is demonstrated to the Planning Director or Hearings Body that a smaller land unit
is a commercial agricultural enterprise.
C. No more than one secondary accessory farm dwelling is permitted for each 40 acres
of the farm unit.
d. The occupant of the manufactured home shall be an employee of the farm owner or
an immediate family member engaged in the farm operation.
e. The manufactured home shall be considered a temporary installation and permits for
such shall be renewable on an annual basis.
f. The manufactured home shall be removed from the property if it is no longer needed
for the operation of the farm.
Chapter 18.16 1 (05/94)
Ole 5_101'
C. A Pre -Existing Dwelling as a Ranch Hand Residence may be permitted subject to the
following criteria:
a. The occupant of the dwelling shall be an employee of the farm owner or an imme-
diate family member engaged in the farm operation.
b. The farm unit shall be a minimum of 40 acres unless it is demonstrated to the Plan-
ning Director or Hearings Body that a smaller land unit is a commercial agricultural enterprise.
C. No more than one preexisting dwelling may be permitted as a ranch hand residence
for each 40 acres of the farm unit.
D. Non-farm Dwelling. One single-family dwelling, including a manufactured home in
accordance with Section 8.116.070, not provided in conjunction with farm use may be permitted on
an existing lot or parcel subject to the following criteria:
a. The Planning Director or Hearings Body shall make findings that [the proposed non-
farm dwelling]:
[1. Is compatible with farm uses described in ORS 215.203(2) and is consistent
with the intent and purpose set forth in ORS 215.243.]
1[2]. The dwelling or activities associated with the dwelling will not force a
significant change in or significantly increase the cost of accepted farming practices, as defined in
ORS 215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use.
[Does not interfere seriously with accepted farming practices, as defined in ORS 215.203(2)(c), on
adjacent lands devoted to farm uses.]
2[3]. The proposed nonfarm dwelling d[D]oes 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, the county shall consider the cumulative
impact of nonfarm dwellings on other lots or parcels in the area similarly situated and whether
creation of the parcel will lead to creation of other nonfarm parcels, to the detriment of agriculture
in the area.
3[4]. The proposed nonfarm dwelling i[I]s situated on an existing lot or parcel, or a
portion of a lot or parcel, that is generally unsuitable 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.
For the purposes of this subsection only, unsuitability shall be determined with
reference to the following.
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. 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.
Chapter 18.16 2 (05/94)
0135 -IC 11#9
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 can be sold, leased, rented or otherwise managed as
part of a commercial farm or ranch, it is not "generally unsuitable". A lot or parcel is presumed
to be suitable if it is composed predominantly of Class I -VI soils. Just because a lot or parcel is
unsuitable for one farm use does not mean it is not suitable for another farm use. If the 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". If a lot or parcel is
under forest assessment , it is presumed suitable if it is composed predominantly of soil capable
of producing 20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest
assessment, to be found compatible and not seriously interfere with forest uses on surrounding land
it must not force a significant change in forest practices or significantly increase the cost of those
practices on the surrounding land.
4[5]. The proposed nonfarm dwelling i[I]s not within one-quarter mile of a dairy
farm, feed lot, sales yard, slaughterhouse or poultry, hog or mink farm, unless adequate provisions
are made and approved by the Planning Director or Hearings Body for a buffer between such uses.
The establishment of a buffer shall be designed based upon consideration of such factors as
prevailing winds, drainage, expansion potential of affected agricultural uses, open space and any
other factor that may affect the livability of the non-farm dwelling or the agriculture of the area.
(Ord. 91-020 ss 1, 1991)
b. Pursuant to ORS 215.236, a non-farm dwelling on a lot or parcel in an Exclusive Farm Use
zone that is or has been receiving special assessment may be approved only on the condition that
before a building permit is issued the applicant must produce evidence from the County Assessor's
Office that the parcel upon which the dwelling is proposed has been disqualified for special
assessment at value for farm use under ORS 308.370 or other special assessment under ORS
308.765, 321.352, 321.730 or 321.815 and that any additional tax or penalty imposed by the County
Assessor as a result of disqualification has been paid.
C. A parcel that has been disqualified for special assessment at value for farm use pursuant to
ORS 215.236(4) shall not requalify for special assessment unless, when combined with another
contiguous parcel, it constitutes a qualifying parcel. (Ord. 91-038 ss 2 and 3 1991)
Chapter 18.16 3 (05/94)
EXHIBIT "B"
18.16.055 Land Divisions
A. General. Divisions of land in the farm zone shall be identified on the land division
application as either a farm division, nonfarm dwelling division, or a nonfarm division.
B. Farm Divisions. Farm divisions shall be subject to the minimum lot size requirements of
Section 18.16.060(A) and all applicable requirements of Title 17. Notwithstanding the provisions
of section 18.16.060(B), partitions establishing parcels less than the EFU minimum lot size in EFU
areas may be permitted to create one new parcel for a nonfarm dwelling that has been approved
under subsection 18.16.050(D), provided that the remaining farm parcel meets the minimum
established by the EFU subzone.
C. Nonfarm Dwelling Divisions.
a. Nonfarm dwelling land divisions shall be subject to the minimum lot size require-
ments of Section 18.16.060(B) and all applicable requirements of the partition ordinance, including
the general partition standards set forth in Chapter 17.28 and the Section 18.16.050(D) standards
for nonfarm dwellings. Each nonfarm dwelling land division application shall be accompanied by
an application for a dwelling on each parcel to be created.
b. Nonfarm subdivisions are prohibited. No more than three nonfarm parcels may be
created from any one parent parcel, existing as of the effective date of Ordinance 92-065.
D. Nonfarm Divisions other than Nonfarm Dwellings. Such divisions shall be subject to the
minimum lot size requirements of Section 18.16.060(C) of this Chapter and the applicable
partitioning standards, including the general partition standards set forth in Chapter 17.28, the
Subdivision and Partition Ordinance.
Chapter 18.16 1 (05/94)