1998-20301-Ordinance No. 98-030 Recorded 5/14/1998REVIEWELYAS TO FORM
0167-2162
-2162 REVIEWED
'COD RE EW COMM.
98'-20301 LEGAL COUN.' E&
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Iw S M
An Ordinance Amending Title 18, Deschutes
County Zoning Ordinance, of the Deschutes
County Code, and Declaring an Emergency.
ORDINANCE NO. 98-030 �}
. ,•_ r'3
o
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, ORl✓GON,
ORDAINS as follows:
Section 1. AMENDMENT. Sections 18.16.020, Uses permitted outright, 18.16.030, Conditional
uses permitted -High value and nonhigh value farmland, 18.16.040, Limitations on conditional uses and
18.16.050, Standards for dwellings in the EFU zones, of Chapter 18.16, Exclusive Farm Use Zones, of
the Deschutes County Code are amended to read as described in Exhibit "A," attached hereto and by this
reference incorporated herein, with new language underlined and language to be deleted in str-ikethFeugk.
Section 2. FINDINGS. Findings to support this ordinance are set forth in the staff report for File
No. TA -98-8, attached as Exhibit "B," and incorporated herein by this reference.
Section 3. EFFECTIVE DATE. 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 /5 day of May, 1998.
ATT ST:
Recording Secretary
PACE 1 of I - ORDINANCE No. 98-030 (5/13/98)
OF COUNTY COMMISSIONERS OF
er
LINDA L. SWEARINGEN, Commissioner
MICROMMED
MAY 2� 917 917 99
EXHIBIT "A"
18.16.020. Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use as defined in this title.
B. Propagation or harvesting of a forest
product.
C. Exploration for minerals as defined by
Oregon Revised Statutes 517.750.
D. Accessory buildings customarily
provided in conjunction with farm use.
E. Climbing and passing lanes within a right
of way existing as of July 1, 1987.
F. Reconstruction or modification of public
roads and highways, not including the addition of
travel lanes, where no removal or displacement of
buildings would occur or no new land parcels
result.
G. Temporary public road or highway
detour that will be abandoned and restored to
original condition or use when no longer needed.
H. Minor betterment of existing public
roads and highway -related facilities such as
maintenance yards, weigh stations and rest areas,
within a 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.
I. Creation, restoration or enhancement of
wetlands.
J. Alteration, restoration or replacement of
a lawfully established dwelling that:
1. Has intact exterior walls and roof
structure;
2. Has indoor plumbing consisting of a
kitchen sink, toilet and bathing facilities
connected to a sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed,
demolished or converted to an allowable use
within three months of completion of the
replacement dwelling. -
An accessory farm dwelling approved under
subsection 18.16.050(C) of this chapter may be
replaced only by a manufactured home.
K. A replacement dwelling to be used in
016'7-2163
conjunction with farm use if the existing dwelling
is listed on the National Register of Historic
Places and on the county inventory as a historic
property as defined in Oregon Revised Statutes
358.480.
L. Wildlife habitat conservation and
management plan approved under ORS 215.802.
(Ord. 98-030 § 1, 1998; Ord. 95-007 § 10, 1995;
Ord. 92-065 § 3, 1992; Ord. 91-038 § 1 and 2,
1991; Ord. 91-024 § 1, 1991; Ord. 91-020 § 1,
1991; Ord. 91-005 § 4, 1991; Ord. 91-002 § 3,
1991; Ord. 86-007 § 1, 1986; Ord. 81-025 § 1,
1981; Ord. 81-001 § 1, 198 1)
18.16.030. Conditional uses permitted -High
value and nonhigh value
farmland.
The following uses may be allowed in the
Exclusive Farm Use zones on either high value
farmland or nonhigh value farmland subject to
applicable provisions of the Comprehensive Plan,
sections 18.16.040 and 18.16.050 of this chapter,
and other applicable sections of this title.
A. Dwellings customarily provided in
conjunction with farm use (farm -related
dwellings).
B. A relative farm -help dwelling.
C. Nonfarm dwelling and accessory uses
thereto.
D. Lot of record dwelling.
E. Residential home, as defined in section
18.04.030 of this title, in existing dwellings.
F. A hardship dwelling.
G. A dwellina in conjunction with a wildlife
habitat conservation and management plan.
6:H. Commercial activity that is in
conjunction with farm use.
R-4. Operations conducted for (1) exploration,
mining and processing of geothermal resources as
defined by Oregon Revised Statutes 522.005; (2)
exploration and extraction of natural gas or oil; or
(3) surface mining of mineral and aggregate
resources exclusively for on-site personal, farm
or forest use or in conjunction with maintenance
for irrigation canals.
LJ. Homestead retention when the entire
Page 1 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
4
EXHIBIT "A"
parcel has been under single ownership for at
least the preceding 10 consecutive years and the
parcel occupies not less than 320 acres. This use
will permit the owner to convey the parcel but
retain a leasehold interest in the residence and the
land underlying the residence up to a maximum
of five acres. In no case shall another residence
be constructed elsewhere on the parcel except in
conformance with the terms of this chapter.' The
leasehold interest shall extend throughout the
lifetimes of the seller and his or her spouse.
3:K. Expansion of an existing private
park, playground, hunting and fishing preserve
and campground.
ISL. Expansion of an existing park,
playground or community center owned and
operated by a governmental agency or a nonprofit
community organization.
l;:M. Utility facility necessary for public
service except commercial utility facility for the
purpose of generating power for public use by
sale and transmission towers over 200 feet in
height.
NCN. Transmission tower over 200 feet in
height.
ISO. Commercial utility facility, including
a hydroelectric facility (in accordance 'with
sections 18.116.130 and 18.128.040(V) of this
title), for the purpose of generating power for
public use by sale.
O -.P. Personal use landing strip for
airplanes and helicopter pad, including associated
hangar, maintenance and service facilities. A
personal use airport as used in this section 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.
AQ Home occupation carried on, by
residents as an accessory use within their existing
dwelling or other existing residential accessory
building. Home occupations are not allowed in
structures accessory to resource use.
�R. A facility for the primary processing
of forest products. The primary processing of a
U16'7�2164
forest product, as used in this section, means the
use of a portable chipper or stud mill or other
similar method Ii of initial treatment of a forest
product in order to enable its shipment to market.
Forest products, as used in this section, means
timber grown upon a parcel of land or contiguous
land where the primary processing facility is
located.
R-. S. Storage, crushing and processing of
minerals, including the processing of aggregate
into asphaltic concrete or portland cement
concrete when such uses are in conjunction with
the maintenance' or construction of public roads
or highways.
&T. Expansion of an existing church or
cemetery in conjunction with a church, provided
such church or cemetery is not within three miles
of an urban growth boundary.
-T-. U. Expansion of an existing church or
cemetery in conjunction with a church within
three miles of an urban growth boundary if an
exception is first granted under state law.
U V. Expansion of an existing public or
private school, including all buildings essential to
the operation of such a school, provided such
school is not within three miles of an urban
growth boundary.
_V_.W. Expansion of an existing public or
private school, including all buildings essential to
the operation of., such a school, located within
three miles of an urban growth boundary, if an
exception is first granted under state law.
#-.X. Construction of additional passing
and travel lanes requiring the acquisition of right
of way, but not resulting in the creation of new
land parcels.
X-. Y. Reconstruction or modification of
public roads and highways involving the removal
or displacement of buildings, but not resulting in
11
the creation of new land parcels.
Y -Z. Improvement of public roads 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.
Page 2 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
EXHIBIT "A"
Z,. -AA. The propagation, cultivation,
maintenance and harvesting of aquatic species.
ABB. Bed and breakfast inn.
M -CC. Excavation, grading and fill and
removal within the bed and banks of a stream or
river or in a wetland.
GG -DD. Rural fire station.
PD -EE. Roads, highways and other
transportation facilities, and improvements 'not
otherwise allowed under this chapter, if an
exception to Goal 3, Agricultural Lands, and to
any other applicable goal is first granted under
state law. (Ord. 98-030 § 1, 1998; Ord. 95-025 §
1, 1995; Ord. 95-007 § 11, 1995; Ord. 94-008 § 9,
1994; Ord. 92-065 § 3, 1992; Ord. 91-038 § 2,
1991; Ord. 91-014 § 1, 1991; Ord. 91-020 § 1,
1991; Ord. 90-018 § 1, 1990; Ord. 90-014 §§ 23
and 31, 1991; Ord. 91-005 § 5, 1991; Ord. 87-013
§ 1, 1987; Ord. 86-018 § 3, 1986; Ord. 83-028 §
1, 1983)
18.16.040. Limitations on conditional uses.
A. Conditional uses permitted by
subsections 18.16.030(6)JM through (GG) (D)
in this chapter may be established subject to
applicable provisions in chapter 18.128 of this
title and upon a finding by the Planning Director
or Hearings Body that the proposed use:
1. Will not force a significant change in
accepted farm or forest practices as defined in
Oregon Revised Statutes 215.203(2)(c) on
adjacent lands devoted to farm or forest uses; and
2. Will not significantly increase the cost of
accepted farm or forest practices on surrounding
lands devoted to farm or forest use; and
3. That the actual site on which the use is to
be located is the least suitable for the production
of farm crops or livestock.
B. A commercial activity allowed under
subsection 18.16.030(H) above in this chapter
shall be associated with a farm use occurring on
the parcel where the commercial use is proposed.
The commercial activity may use, process, store
or market farm products produced in Deschutes
County or an adjoining county.
0167 21gq
C. A utility facility necessary for public use
allowed under subsection 18.16.030(M)abeAS in
this chapter shall be one that is necessary to be
situated in an agricultural zone in order for the
service to be provided.
D. A power generation facility that is part of
a commercial utility facility for the purpose of
generating power for public use by sale identified
in subsection . 18.16.030(lCO abeve in this
chanter and:
1. That is located on high-value farmland
shall not preclude more than 12 acres from use as
a commercial agricultural enterprise unless an
exception is taken pursuant to Oregon
Administrative Rules 660, Division 4.
2. That is not located on high-value
farmland shall not preclude more than 20 acres
from use as a commercial agricultural enterprise
unless an exception is taken pursuant to Oregon
Administrative Rules 660, Division 4.
E. No aircraft may be based on a
personal -use airport identified in subsection
18.16.030(9) abw�e in this chanter 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 Aeronautics Division in
specific instances. A personal use airport
lawfully existing as of September 1, 1975, shall
continue to be permitted subject to any applicable
regulations of the Oregon Aeronautics Division.
F. The facility for the primary processing of
forest products identified and in subsection
18.16.030(4Q)� above in this chapter is intended
to be portable or temporary in nature. Such a
facility may be approved for a one-year period
which is renewable.
G. Batching and blending mineral and
aggregate_ into asphaltic cement may not be
authorized within two miles of a planted
vineyard. Planted vineyard means one or more
vineyards totalling 40 acres or more that are
planted as of the date of the application for
batching and blending is filed.
H. Accessory uses for golf courses shall be
limited in size and orientation on the site to serve
Page 3 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
EXHIBIT "A"
the needs of persons and their guests who
patronize the golf course to golf. An accessory
use that provides commercial services (e.g., food
and beverage service, pro shop, etc.) shall be
located in the clubhouse rather than in separate
buildings.
I. An expansion of an existing golf course
as allowed under subsection 18.16.033(C) of this
chapter shall comply with the definition of 'golf
course" set forth in this title and the provisions of
subsection A of this section.
J. An applicant for a nonfarm conditional
use may demonstrate that the standards for
approval will be satisfied through the imposition
of conditions. Any conditions so imposed shall
be clear and objective. (Ord. 98-030 § 1, 1998;
Ord. 95-075 § 1, 1995; Ord. 95-007 § 14, 1995;
Ord. 92-065 § 3, 1992; Ord. 91-038 § 1 and 2,
1991; Ord. 91-020 § 1, 1991; Ord. 91-011 § 1,
1991)
18.16.050. Standards for dwellings in the
EFU zones.
Dwellings listed in section 18.16.030 of this
chapter may be allowed under the conditions set
forty below for each kind of dwelling:
A. Farm -Related Dwellings on Nonhigh
Value Farmland. A dwelling customarily
provided in conjunction with farm use, as listed at
in subsection 18.16.030(A) of this chapter, may
be approved if it satisfies any of the alternative
tests set forth below:
1. Acreage Test.
a. On land not identified as high-value
farmland, a dwelling, including a manufactured
home in accordance with Sesta section
18.116.070 of this title, is considered to be
customarily provided in conjunction with farm
use if.
i. The parcel on which the dwelling will be
located is at least:
a4aa) One hundred sixty acres and not
in the Horse Ridge East subzone; or
b-Ub Three hundred twenty acres in
the Horse Ridge East subzone;
`�7ii. The subject tract is currently employed
0167--2166,
for farm use, as evidenced by a farm management
plan;
iii. The dwelling will be occupied by a
person or persons who will be principally
engaged in the farm use of the land, such as
planting, harvesting, marketing or caring for
livestock, at a commercial scale;
iv. There is'no other dwelling on the subject
tract; and
v. The dwelling will be located on the least
productive part of the parcel.
2. Median Acreage/Gross Sales Test.
a. On land not identified as high-value
farmland, a dwelling, including a manufactured
home in accordance with section 18.116.070 of
this title, is considered to be customarily provided
in conjunction with farm use if:
i. 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; that includes all tracts wholly or partially
within one mile of the perimeter of the subject
tract; 11
ii. 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 subsestien sub -subparagraph (i) of this
seetien subparagraph;
iii. The subject tract is currently employed
for farm use, as evidenced by a farm management
plan, at a level capable of producing the annual
gross sales required in subseetien sub -
subparagraph (ii) of this seetien subparagraph;
iv. The subject lot or parcel on which the
dwelling is proposed is at least 20 acres in size;
v. There is no other dwelling on the subject
tract; and
vi. The dwelling will be located on the least
productive part of the parcel.
b. For the purpose of calculating
appropriate tract sizes and gross incomes to
satisfy sub -subparagraphs (a (i) and (ii) of this
subsection, the county will utilize the
methodology contained in Oregon Administrative
Page 4 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
EXHIBIT "A"
Rules 660-33-135(3) using data on gross sales per
acre tabulated by LCDC pursuant to Oregon
Administrative Rules 660-33-135(4).
3. Gross Annual Income Test.
a. On land not identified as high-value
farmland, a dwelling, including a manufactured
home in accordance with section 18.116.070 of
this title, is considered to be customarily provided
in conjunction with farm use if:
i. The subject tract is currently employed
for a farm use that produced $32,500 in gross
annual income in the last two years or three of the
last five years.
ii. There is no other dwelling on the subject
tract;
iii. The dwelling will be occupied by a
person or persons who produced the commodities
which grossed the income in subseetien sub-
subparagranh (i) of this seetion parag, r`anh; and
iv. The dwelling will be located on the least
productive part of the parcel.
b. In determining gross income, the cost of
purchased livestock shall be deducted from the
total gross income attributed to the tract.
B. Farm Related Dwellings on High Value
Farmland.
On land identified as high-value farmland, a
dwelling, including a manufactured home in
accordance with section 18.116.070 of this title,
is considered to be customarily provided in
conjunction with farm use if -
1.
f1. The subject tract is currently employed
for the farm use that produced at least $80,000
(1994 dollars) in gross annual income from the
sale of farm products in the last two years or
three of the last five years. In determining gross
income, the cost of purchased livestock shall be
deducted from the total gross income attributed to
the tract;
2. There is no other dwelling on the subject
tract;
3. The dwelling will be occupied by a
person or persons who produced the commodities
which grossed the income in subsee4ieo
paragraph (1) of this seetien subsection; and
4. The dwelling will be located on the least
016'x-216'
productive part of the parcel.
C. Accessory Dwelling.
A dwelling, including a manufactured home
in accordance with section 18.116.070 of this
title, is considered to be an accessory farm
dwelling customarily provided in conjunction
with farm use when:
1. The accessory dwelling meets the
following criteria:
a. The accessory farm 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; and
b. The accessory farm dwelling will be
located:
i. On the same lot or parcel as the principal
farm dwelling; or
ii. 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 contiguous lots
and parcels in the tract; or
iii. On a lot or parcel on which the principal
farm dwelling is not located, when the accessory
farm dwelling is a manufactured home and a deed
restriction substantially in compliance with the
form set forth in Exhibit A to this chapter 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 section 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 home may remain if it is
reapproved under this section; and
c. There is no other dwelling on land zoned
EFU 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
Page 5 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
proposed dwelling would be accessory meets one
of the following:
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 in farm use and produced $32,500 in
gross annual sales in the last two years or three of
the last five years. In determining 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, and produced at least
$80,000 (1994 dollars) in gross annual income
from the sale of farm products in the last two
years or three of the last five years. Gross
income shall be calculated by deducting the cost
of purchased livestock from the total gross
income attributed to the tract; and
3. A lot or parcel approved for an accessory
farm dwelling under this section shall not be
approved for a division of land except as
provided for in subsection 18.16.055(B) of this
chapter.
D. Relative Farm Help Dwelling,
1. A dwelling listed in ng';Ahiapq
Cole subsection 18.16.030(B) of this chapter is
allowed when:
a. The subject tract is at least 40 acres in
size, unless it is demonstrated to the Planning
Director or Hearings Body that a smaller unit of
land is a commercial agricultural enterprise.
b. The subject tract is used for farm use;
c. The dwelling is a manufactured home
and is sited in accordance with section
18.116.070 of this chapter;
- d. The dwelling is located on the same lot
or parcel as the dwelling of the farm operator,
and is occupied by a grandparent, grandchild,
parent, child, brother, or sister of the farm
operator or the farm operator's spouse, whose
assistance in the management of the commercial
farm use is or will be required by the farm
operator.
I .
016'7-2168
OMS
e. The farm operator plays the predominant
role in the management and farm use of the farm
and will continue to do so after the relative farm
help dwelling is approved.
2. The manufactured home shall be
considered a temporary installation and permits
for such home shall be renewable on an annual
basis. The manufactured home shall be removed
from the property if it is no longer needed for the
operation of the farm.
3. For the purposes of this subsection, 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.
E. Lot of 'Record Dwelling on Nonhigh
Value Farmland.'.
1. A lot of record dwelling will be approved
on nonhigh value farmland when all of the
following requirements are met:
a. The lot or parcel on which the dwelling
will be sited was lawfully created and was
acquired by the present owner:
i. Prior to January 1, 1985; or
ii. By devise or by intestate succession from
a person who acquired the lot or parcel prior to
January 1, 1985.
b. The tract on which the dwelling will be
sited does not include a dwelling.
c. For lots or parcels located within a
wildlife area (WA) combining zone, siting of the
proposed dwelling would be consistent with the
limitations on density as applied under the
applicable density restrictions of chapter 18.88 of
this title. 11
d. If the lot or parcel on which the dwelling
will be sited is ;;part of a tract, the remaining
portions of the tract shall be consolidated into a
single lot or parcel when the dwelling is allowed.
e. The County Assessor shall be notified of
any approval of a;dwelling under this section.
2. For purposes of this subsection, "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, niece,
Page 6 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
EXHIBIT "A"
q
nephew, step-parent, step -child, grandparent or
grandchild of the owner or a business entity
owned by any one or combination of these family
members.
F. Lot of Record Dwelling on High -Value
Farmland.
1. A lot of record dwelling will be approved
on nonhigh value farmland when all of the
following requirements are met:
a. The requirements set forth in seetiee
subparagMahs 18.16:050 E)(1)(a) through (e) of
this section, as determined by the county; and
b. The requirements of Oregon
Administrative Rules 660-33-130(3)(c)(C), as
determined by a Hearings Officer of the State
Department of Agriculture.
2. Applicants under this seetiee subsection
shall make their application to the county. The
county shall give its conditional approval under
sebsestiee subparagraph 4LI)(a) of this seetiee
subsection before forwarding an application
made under this seetien subsection to the State
Department of Agriculture for hearing under
sebseetiee subparagraph 4LIJ(b) of this
subsection.
3. Applicants under this seetiee subsection
shall be subject to such other procedural
requirements as are imposed by the Oregon
Department of Agriculture.
G. Nonfarm Dwelling.
1. One single-family dwelling, including a
manufactured home in accordance with section
18.116.070 of this title, 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:
i. 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 Oregon Revised
Statutes 215.203(2)(c), or accepted forest
practices on nearby lands devoted to farm or
forest use.
ii. The proposed nonfarm dwelling does not
0167'2169
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.
iii. The proposed nonfarm dwelling is
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.
iv. The proposed nonfarm dwelling is 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
nonfarm dwelling or the agriculture of the area.
v. Road access, fire and police services and
utility systems (i.e., electrical and telephone) are
adequate for the use.
2. For the purposes of this subsection only,
"unsuitability" shall be determined with reference
to the following:
a. 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.
Page 7 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
EXHIBIT "A"
b. 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
c. 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.
3. Loss of Tax Deferral_
a: Except as provided in paragraph (I)(2) of
this section, -Ptwsa—saturp suant to Oregon Revised
Statutes 215.236, a nonfarm 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 Oregon
Revised Statutes 308.370 or other special
assessment under Oregon Revised Statutes
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.
0167-2170
b. A par -eel tha has been disqualified fe
to Qr-egen Revised Sta4utes 215.236(4) -A-M-1 ;;At.
H. Temporary Hardship Dwelling.
1. A dwelling listed in subsection
18.16.030(F) of this chapter is allowed under the
following conditions:
°a. The dwelling is a manufactured home
and is used in' conjunction with an existing
dwelling on the lot or parcel;
b. The manufactured home would be
temporarily sited on the lot or parcel only for the
term of a hardship suffered by the existing
resident or relative of the resident;
c. The existence of a medical hardship is
verified by a written doctor's statement, which
shall accompany the permit application; and
d. The temporary manufactured home uses
the same subsurface sewage disposal system used
by the existing dwelling, provided that the
existing disposal system is adequate to
accommodate the additional dwelling.
2. Permits granted under this subsection
shall be subject to the provisions of subsections
18.116.090(B) and (C) of this title and shall be
required to meet any applicable DEQ review and
removal requirements as a condition of approval.
3. As used, in this subsection, the term
"hardship" means a medical hardship or hardship
for the care of an aged or infirm person or
persons. As used in this subsection, the term
"relative" means grandparent, grandchild, parent,
child, brother or sister of the existing resident.
1. Wildlife Conservation Plan Dwelling,
1. A dwelling listed in subsection
18.16.030(G) of this chapter is allowed when the
Planning Director or the Hearings Body finds that
the proposed dwelling:
a. Is situated on a lot or parcel existing on
November 4, 1993, that qualifies for a farm
dwelling, as listed in subsection 18.16.030(A) of
this chapter, or a nonfarm dwelling, as listed in
subsection 18.16.030(C)ofthis chapter;
Page 8 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
EXHIBIT "A"
b. Will not force a significant change in
accepted farm or forest practices on surrounding
lands devoted to farm or forest use;
c. Will not significantly increase the cost of
accepted farm or forest practices on surrounding
lands devoted to farm or forest use,•
d. Will not be established on a lot or parcel
that is predominantly composed of soils rated
Class I or II, when not irrigated, or rated Prime or
Unique by the United States Natural Resources
Conservation Service or any combination of such
soils; and
e. Is the only dwelling situated on the
affected lot or parcel.
2. For a wildlife conservation pian dwelling
approval based upon nonfarm dwelling criteria
this subsection shall also apply. Unless prior to
approval of a conditional use permit for a wildlife
conservation plan dwellingthe he applicant submits
to the assessor certification demonstrating
approval by Oregon Department of Fish and
Wildlife of a wildlife conservation and
management plan and its implementation, the,
conditional use permit shall contain a condition
requiring that the applicant, prior to issuance of a
building_ permit for such dwelling, either 1)
submit certification to the assessor from ODFW
demonstrating approval and implementation of a
wildlife conservation and management plan
qualifying under ORS 215.808 or 2) pay the tax
penalties required by paragraph (G)(3) of this
section. (Ord. 98-030 § 1, 1998; Ord. 95-007 §
15, 1995; Ord. 94-026 § 1, 1994; Ord. 92-065 § 3,
1992; Ord. 91-038 §§ 2 and 3, 1991; Ord. 91-020
§ 1, 1991)
Page 9 of 9 - EXHIBIT "A" TO ORDINANCE No. 98-030 (5/13/98)
0167-2171
File No
Hearing Date:
Applicant:
Subject:
Staff Planner:
Summary
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
TA -98-8
Wednesday, May 13, 1998
Deschutes County
Wildlife Habitat Conservation & Management Program
Dave Leslie, Associate Plal,p
0167-2172
In early 1998, the Oregon Fish and Wildlife Commission adopted rules to implement SB 791.
These rules, found in ORS 215.800-808, allow landowners who own property in an area zoned
EFU to develop a wildlife habitat conservation and management plan, and become eligible for
open space use assessment by the county assessor. For a lot or parcel meeting the criteria in
ORS 215.804, this can result in assessment equivalent to 'farm deferral' status, including a lot
or parcel that has been disqualified from farm deferral assessment status as a result of a
nonfarm dwelling.
A habitat management plan must be developed by a landowner and a "cooperating agency" and
be approved by Oregon Department of Fish and Wildlife. ODFW is responsible for monitoring
an approved plan to determine landowner compliance and will inform the County Assessor
when a property owner implements an approved plan.
A new category of residence, called a "Wildlife Conservation Plan Dwelling" is proposed for the
EFU zone as a conditional use. This type of dwelling will be applicable to parcels that qualify for
either a farm or nonfarm dwelling when a wildlife management plan is contemplated by a
landowner.
For your information the applicable state statutes and administrative rules, ORS 215.800
through 808 and OAR 635, Division 430, are included in your packet.
Planning Commission Recommendation
The Planning Commission held a public hearing on this matter on April 23, 1998. The
commission discussed the potential impacts of the wildlife program on wildlife habitat and the
possible tax implications at considerable length. Ted Wise, Wildlife Biologist for ODFW and Ben
Westfund, State Representative, testified in support of the proposed amendments. There was
Exhibit 6
Staff Report - File No. TA -98-8 Page I of 3
Page 1 of 3 `C11 _ D 3e)
Ordinance
0-167-401"13 ,
no testimony in opposition to the amendment. The Planning Commission recommended
unanimously, on a 4-0 vote, that the Board of Commissioners adopt the proposed amendments.
Review with Wildlife Biologists
Planning staff met with wildlife biologist from "cooperating" agencies, including ODFW, U.S. Fish
and Wildlife Service and the Natural Resource Conservation Service, and the Assessor's Office
on April 7 to discuss the statutes, rules and procedures for landowners to participate in this
program. ODFW has prepared a general brochure to inform property owners about the wildlife
conservation program and a handout to help property owners determine if they are eligible to
participate in the program and where they can get assistance. ODFW has also prepared an
application form for landowners to use when preparing a wildlife management plan. The draft
amendments discussed below were reviewed at this meeting and have been sent to the
Department of Land Conservation and Development for comments. No comments were
submitted by DLCD at the time of this staff report.
Proposed Zoning Ordinance Text Amendments
Proposed amendments to the county zoning ordinance (Title 18) have been drafted to assist in
implementing the wildlife habitat program in Deschutes County. If these amendments are
approved, wildlife habitat conservation and management in conjunction with a management
plan approved by ODFW will be an allowed use in the EFU zone. (See section 18.16.0201)
Section 18.16.030 has been revised to indicate that a "wildlife conservation plan dwelling" is a
conditional use in the EFU zone. This section contemplates that a wildlife habitat conservation
and management plan will be submitted by the landowner to ODFW, but does not require that
such a plan be submitted to ODFW in order for the County to approve this type of dwelling. A
parcel must qualify for either a nonfarm or farm dwelling under this category of dwelling.
Existing provisions in the EFU zone will be used to determine that a parcel qualifies for a
nonfarm or farm dwelling. However, section 18.16.050(G) has been revised so that a parcel
which meets the nonfarm dwelling criteria will not need to be disqualified from farm assessment
when an approved wildlife plan has been implemented, pursuant to ORS 215.806. The
determination of qualifying for open space assessment will be made by the County Assessor,
not the Planning Division.
As a result of Legal Counsel review, changes to the comprehensive plan were deemed
unnecessary. Therefore, comprehensive plan policies reviewed by the Planning Commission
have not been forwarded to the Board for adoption. Subsequent to the Planning Commission's
review, several other editing changes were made to the proposed amendments to the zoning
ordinance to provide additional clarity and consistency within the ordinance.
Estimatina Participation
Predicting how many landowners will participate in this wildlife management program and
estimating the tax consequences that will result from the implementation of wildlife habitat
management plans in Deschutes County is very difficult. Polk and Marion Counties, the two
pilot counties for this program, have experienced limited participation in the program since 1993.
According to their planning staff, only two parcels have been qualified in Polk County and
between 6 to 10 in Marion County.
Exhibit 6
Staff Report - File No. TA -98-8 Page of 3
Page 2 of 3 Ordinance 9 8- U 3 0
0167-2174
However, ODFW records indicate a total of 34 wildlife management plans have been approved
since 1993 in these two counties. Although the disparity in these numbers appears significant,
the experience in Polk and Marion counties may not be very meaningful for predicting what can
be expected in Deschutes County, particularly since the number of nonfarm dwelling approvals
is generally higher in Deschutes County.
Although both farm and nonfarm dwellings can qualify for the wildlife program, it is generally
thought that this program will be of greater interest to owners qualifying for nonfarm dwellings
due to the potential tax benefits of open space use assessment otherwise not available. Since
1992, Deschutes County has approved an annual average of 54 conditional use permits for
nonfarm dwellings. As a result of construction of nonfarm dwellings, a total of 415 parcels have
been disqualified from the farm deferral assessment program by the Assessor's Office.
Because this is an entirely new program in Deschutes County it is too early to know how many
property owners will be interested in this program. It is also difficult to predict the number of
nonfarm parcels that generally encompass, or could be enhanced, to adequately provide wildlife
habitat.
ODFW estimates that their office will be able to process between 10 to15 plans per year at
present staffing levels. No fees are required for a landowner to submit a plan to ODFW for
approval and ODFW staffing levels may be reduced next year if current funding estimates are
realized during the next biennium. The ability of ODFW to process, review and monitor wildlife
plans may be a significant factor in the number of parcels that qualify for open space use
assessment on an annual basis.
Exhibit
Page 3 of 3
Ordinance 90-030
Staff Report - File No. TA -98-8
Page 3 of 3