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Deschutes County Board of Commissioners Public Hearing Ordinance 2012-004, Text Amendment File # TA -11-3 March 14, 2012 Brief Background Proposed Text Amendments Emergency? Recommended Revision Letters Options for Next Steps 1990 - 2011 County Hearings Officer denied a Conditional Use Permit (CUP) for a Private Park for a commercial wedding event venue Code complaints filed for commercial weddings in 2 zones Property owners applied for 2 text amendments to County Code to allow “Event Venue,” 1 denied, 1 withdrawn Association of Oregon Counties (AOC) takes leadership role in assembling statewide task force to address uses on farmland; initiates legislation (SB 960) to adopt task force recommendations 2011 SB 960 (agri-tourism and commercial activities and events) and HB 3280 (updated winery standards) adopted Board directs staff to work with Planning Commission to develop text amendments to implement SB 960, HB 3280, and Private Parks in the EFU Zone Planning Commission conducts first work session, and votes to direct staff to also initiate a text amendment for a new Type 4 Home Occupation for commercial events TA -11-3 initiated for 4 text amendments & definitions 2011 Conducted public hearing on Dec. 8; closed record on Jan. 5; began deliberations on Jan. 12 and finished Feb. 9 Voted to recommend ending consideration of private parks and home occupations text amendments by a vote of 5-2. Voted 4-3 to recommend a package of text amendments to implement SB 960 & HB 3280, including definitions. 18.04 DEFINITIONS – AGRI-TOURISM Means a commercial enterprise at a working farm or ranch that is incidental and subordinate to the existing farm use of the tract that promotes successful agriculture, generates supplemental income for the owner and complies with Oregon Statue and Rule. Any assembly of persons shall be for the purpose of taking part in agriculturally based operations or activities such as animal or crop care, picking fruits or vegetables, cooking or cleaning farm products, tasting farm products; or learning about farm or ranch operations. Agri-tourism does not include “commercial events or activities.” Celebratory gatherings, weddings, parties, or similar uses are not agri-tourism. 18.04 DEFINITIONS – COMMERCIAL EVENT OR ACTIVITY Means any meeting, celebratory gathering, wedding, party, or similar uses consisting of any assembly of persons and the sale of goods or services. It does not include agri-tourism. In DCC 18.16.042, a commercial event or activity shall be related to and supportive of agriculture. SUMMARY SB 960 (Agri-Tourism): Discretionary for counties to adopt into code or not. Counties may be more restrictive than SB 960 – not less. Requires established farm use. High value & non-high value farmland. HB 3280 (Wineries): Permitted use in EFU zone with specific standards under state law whether counties adopt into code or not. Counties cannot be more restrictive, but may establish standards to protect public health & safety. Private Parks: Only allowed as a CUP in EFU Zone by state law. Anyone can apply for a Private Park for a commercial event now with out standards (e.g., Benton & Crook County), but uncertain outcome because of discretionary CUP process (e.g., compatibility) and untested at LUBA & courts. Limited to non- high value farmland. No farm use required. Home Occupation: Required by state law to be subordinate to the residential use of the property & operated substantially within a building. 18.16 EXCLUSIVE FARM USE (EFU) ZONE 1.Incorporates SB 960 (agri-tourism) text as a new “limited use permit,” and establishes standards to protect public health and safety 2.Updates winery provisions by incorporating HB 3280 text, and establishes standards to protect public health and safety Venue/Event Restrictions Will be central to and most contentious part of testimony and discussions. Key consideration will be ability to enforce and enforcement resources. Provides an opportunity for agricultural enterprises to apply for a Limited Use Permit for agri- tourism and other commercial events and activities under SB 960 for late summer and early fall 2012 rather than effectively delay implementation until late spring or early summer 2013 due to the timeframe in which events are conducted. In addition, the updated winery standards stemming from HB 3280 are already in State Law and available for anyone to make application. However, the County’s new public health and safety standards applicable to wineries, as allowed by HB 3280, will not be required until the Ordinance is in effect. The text amendments, particularly those implementing SB 960, are intended to provide additional opportunities for agricultural property owners with a farm use to supplement their income and support the agricultural economy through agri-tourism and other commercial events and activities. The pro-longed economic downturn has hit Central Oregon especially hard. Adopting Ord. 2012-004 by emergency provides a small economic opportunity in the later half of 2012 to support agricultural enterprises in Deschutes County. A 90-day effective date would postpone any economic opportunities for these agricultural enterprises until late spring or early summer 2013. Given that the process to attempt to provide additional economic opportunities to property owners with a farm use began a few years ago but the proper mechanism was not determined at that time, the Board finds that further delay would not be in the public interest. 1.Limitations on combined event venues, including mass gatherings 2.Do not pursue private parks or home occupation amendments 3.If pursue private parks and home occupations, then: A.Clearly define private parks to be recreational uses – use dictionary B.Do not allow the use of permanent structures at private parks C.Prohibit intensively developed recreational uses at private parks D.Set maximum number of daily participants & reduce number of events E.Do not allow any event venues to materially alter the stability of the land use pattern in the area 1.Continue the public hearing to a date and time certain 2.Close the public hearing (for all or part of the TA), and: 1.Begin deliberations, or 2.Direct staff to schedule time on a future agenda to conduct deliberations, or 3.Take no action on the proposed amendments. 3.Move to recommend that the Board of Commissioners approve (all or part) TA -11-3, which consists of: 1.Adopting the DCC amendments presented in Attachments 1 through 4; or 2.As further amended by the Planning Commission (state revisions). 4.Move to recommend that the Board of Commissioners deny or not consider (all or part) TA -11-3. Planning Commission upcoming meetings: o Oct. 27, Bend: Transportation System Plan (TSP) Update first public hearing; Comprehensive Plan Action Plan work session o Nov. 10, South County: TSP Update public hearing; South County Plan scope of work with public input; Comprehensive Plan Action Plan Community Plan Options o Schedule additional Planning Commission meetings to host Community Meetings o Change PC schedule/agendas (except Oct. 27 TSP Update public hearing) to accommodate Community Meetings, and push back South County Plan scope of work and Comprehensive Plan Action Plan o Combination of the above? Current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. Includes: o Preparation, storage and disposal by marketing or otherwise of the products or by -products raised on such land for human or animal use. o Current employment of the land for the primary purpose of obtaining a profit in money by stabling or training equines, including but not limited to, providing riding lessons, training clinics and schooling shows. o Propagation, cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by the rules adopted by the State Fish and Wildlife Commission. Current employment of the land for farm use also includes those uses listed under ORS 215.203(2)(b). A use allowed in the EFU Zone may be approved only where the local governing body or its designee finds that the use will not: o (a) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or o (b) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land in a tract composed predominantly of specific soils (identified in Deschutes County Code), when irrigated, are suitable for farm use; and includes tracts growing specified perennials as demonstrated by the most recent aerial photography of the Agricultural Stablization and Conservation Service of the United States Department of Agriculture taken prior to November 4, 1993. For purposes of this definition, “specified perennials” means perennials grown for market or research purposes including, but not limited to, nursery stock, berries, fruits, nuts, Christmas trees or vineyards but not including seed crops, hay, pasture or alfalfa. Planning Commission Public Hearing ~-.-~-..,---"""" MATRIX 1 PLANNING COMMISSION RECOMMENDATIONS An asterisk (.) indicates state law requirement NEW DEFINITIONS IN DCC 18.04: Agri-Tourism Commercial Event or Activity Requirement for Commercial Events to be Related to a Farm Use High Value.! Non-High Value farm land Maximum Number of Events Per Year Lot Size Review I Renewal of Permit required? Building & temp structures subject Notification Transportation Management Inspection of Event Premises Authorization uAgri-tourlsmH means a commercial enterprise at a working farm or ranch that is incidental and subordinate to the existing farm use of the tract that promotes successful agriculture, generates supplemental income for the owner and complies with Oregon Statue and Rule. Any assembly of persons shall be for the purpose of taking part in agriculturally based operations or activities such as animal or crop care, picking fruits or vegetables, cooking or cleaning farm products, tasting farm products; or learning about farm or ranch operations. Agri-tourism does not include "commercial events or activities." Celebratorv I!atherinlzs. weddinl!s. oarties. or similar uses are not al!ri-tourism ·Yes. Must be incidental & subordinate to existing farm use & and may not materially alter the stability of the land use pattern in the area. More than 6 events (max 18) also require a connection to commercial farm uses or commercial al!ricultural enterorises in the area. Both high value and non-high value • ·6 agri-tourism events up to 72 hours per event or 6 commercial activities and events up to 30 hours per event. • ·7-18 agri-tourism events up to 72 hours per event or 7-18 commercial activities and events up to 24 hours oer event. No more than 2 commercial activities or events mav occur in the same month. • 10 acres for up to 6 events. • • • • for up to 6 events for 7-18 events. Yes and Yes. • Submit a list of calendar days for all events by April 1 of the subject calendar year to County's COD and Sheriffs Office, and all property owners within SOO feet of the subject property. List of dates may be amended by submitting the amended list to same entities at least 72 hours of change. • Allows notification within 30 days of new or renewed permits if after April 1. • If no notice by April 1, then send by Registered Mail 10 days prior to event for each event. • Include contact information for oerson easilv accessible at event • • • • • • ·A traffic management plan that identifies the projected number of vehicles and any anticipated use of public roads Direct Access: Defined as fronting on a public road or accessed by easement or private road with all underlying property owners agreeing Roadways, driveway aprons, driveway and parking surfaces designed to prevent dust, etc. Provide assurance that 1 traffic control person shall be provided for each 2S0 persons at event; shall be certified bv the Similar to Outdoor Mass Gatherings requirements 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 Limited Use Permit has been granted for the purposes of inspection and enforcement of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08 Noise Control, and any other applicable laws or ordinances ·Commercial event or activity" means any meeting, celebratory gathering, wedding, party, or similar uses consisting of any assembly of persons and the sale of goods or services. It does not include agri tourism. In DCC 18.16.042, a commercial event or activity shall be related to and supportive of agriculture. ·Yes • Both high value and non-high value ·2S calendar days, may not exceed 2S% of the gross income from the on-site retail sale of wine produced in conjunction with the winery. ·lS acre vineyard No, unless gross income requirements above are not met. Event provisions sunset on Jan. 1, 2014. of events -7:00a.m. Yes and Yes. None • • • • • • ·Shall provide parking for all activities or uses of the lot, parcel or tract of the winery ·Direct Access (HB 3280 did not define it): Defined as fronting on a public road or accessed by easement or private road with all underlying property owners agreeing Roadways, driveway aprons, driveway and parking surfaces designed to prevent dust, etc. Provides assurance that 1 traffic control person shall be provided for each 2S0 persons at event; personnel shall be certified by the State Same as Outdoor Mass Gatherings requirements Applicant shall provide In writing a consent to allow law enforcement, public health, and fire control officers to come upon the premises for which the Limited Use Permit has been granted for the purposes of inspection and enforcement of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08 Noise Control, and any other laws or ordinances 76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session Enrolled House Bill 3280 Sponsored by Representative HOLVEY, Senator PROZANSKI; Representative BARNHART CHAPI'ER ................................................ . AN ACT Relating to wineries in exclusive farm use zones; creating new provisions; amending ORS 215.213, 215.283, 215.452, 215.455 and 308A.053; repealing section 3, chapter 97, Oregon Laws 2010; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 3, chapter 97, Oregon Laws 2010, is repealed. SECTION 2. ORS 215.452, as amended by sections 1 and 2, chapter 97, Oregon Laws 2010, is amended to read: 215.452. (1) A winery may be established as [an outright] a permitted use under ORB 215.213 (l)(p) and 215.283 (l)(n) in an area zoned for exclusive farm use [under ORS 215.213 (l)(p) and 215.283 (1)(n)] if the winery produces wine with a maximum annual production of: (a) Less than 50,000 gallons and [that]: (A) Owns an on-site vineyard of at least 15 acres; (B) Owns a contiguous vineyard of at least 15 acres; (C) Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or (D) Obtains grapes from any combination of subparagraph (A), (B) or (C) of this paragraph; or (b) At least 50,000 gallons and [no more than 100,000 gallons and that] the winery: (A) Owns an on-site vineyard of at least 40 acres; (B) Owns a contiguous vineyard of at least 40 acres; (C) Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery; or (D) Obtains grapes from any combination of subparagraph (A), (B) or (C) of this paragraph. (2) A winery described in subsection (1) of this section may [sell only]: (a) [Wines produced in conjunction with the winery; and] Market and sell wine produced in conjunction with the winery, including the following activities: (A) Wine tours; (B) Wine tastings in a tasting room or other location at the winery; (C) Wine clubs; and (D) Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery; (b) Market and sell items directly related to the sale [and] 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 served by a limited service restaurant, as defined in ORS 624.010[.]; and Enrolled House Bill 3280 (HB 3280-BCCA) Page 1 (c) Provide services, including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that: (A) Are directly related to the sale or promotion of wine produced in conjunction with the winery; (B) Are incidental to the retail sale of wine on-site; and (C) Are limited to 25 days or fewer in a calendar year. (3) The gross income of the winery from the sale of incidental items pursuant to sub section (2)(b) of this section and services provided pursuant to subsection (2)(c) of this sec tion may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. (4) 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. [(3)] (5) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted or that the contract has been executed, as applicable. [(4)] (6) A local government shall adopt findings for each of the standards described in [para graphs (a) and (b) 011 this subsection. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands: (a) Establishment of a setbackL not to exceed] of at least 100 feetL] from all property lines for the winery and all public gathering places; and (b) Provision of direct road access[,) and internal circulation [and parking]. [(5)) (7) A local government shall [also) apply: (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar accessL) and airport safety [or other]; (b) Regulations for the public health and safety; and (c) Regulations for resource protection acknowledged to comply with any statewide goal re specting open spaces, scenic and historic areas and natural resources. (8)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged. facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (9) As used in this section. "private events" includes, but is not limited to, facility rentals and celebratory gatherings. SECTION 3. ORS 215.452, as amended by sections 1 and 2, chapter 97, Oregon Laws 2010, and section 2 of this 2011 Act, is amended to read: 215.452. (1) A winery may be established as a permitted use under ORS 215.213 (l)(p) and 215.283 (1)(n) in an area zoned for exclusive farm use if the winery produces wine with a maximum annual production of: (a) Less than 50,000 gallons and: (A) Owns an on-site vineyard of at least 15 acres; (B) Owns a contiguous vineyard of at least 15 acres; (C) Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or (D) Obtains grapes from any combination of subparagraph (A), (B) or (C) of this paragraph; or (b) At least 50,000 gallons and the winery: (A) Owns an on-site vineyard of at least 40 acres; (B) Owns a contiguous vineyard of at least 40 acres; Enrolled House Bill 3280 (HB 3280-BCCA) Page 2 (C) Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery; or (D) Obtains grapes from any combination of subparagraph (A), (B) or (C) of this paragraph. (2) A winery described in subsection (1) of this section may: (a) Market and sell wine produced in conjunction with the winery, including the following ac tivities: (A) Wine tours; (B) Wine tastings in a tasting room or other location at the winery; (C) Wine clubs; and (D) Similar activities conducted for the primary purpose of promoting wine produced in con junction with the winery; (b) Market and sell items directly related to the sale or promotion of wine produced in con junction with the winery, the marketing and sale of which is incidental to retail sale of wine on-site, including food and beverages served by a limited service restaurant, as defined in ORS 624.010; and (c) Provide services, including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that: (A) Are directly related to the sale or promotion of wine produced in conjunction with the winery; (B) Are incidental to the retail sale of wine on-site; and (C) Are limited to 25 days or fewer in a calendar year. (3)(a) The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b) of this section and services provided pursuant to subsection (2)(c) of this section may not ex ceed 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 paragraph (a) of this subsection for the previous tax year. (4) 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. (5) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted or that the con tract has been executed, as applicable. (6) A local government shall adopt findings for each of the standards described in this sub section. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands: (a) Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and (b) Provision of direct road access and internal circulation. (7) A local government shall apply: (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety; (b) Regulations for the public health and safety; and (c) Regulations for resource protection acknowledged to comply with any statewide goal re specting open spaces, scenic and historic areas and natural resources. (8)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local Enrolled House Bill 3280 (HB 3280-BCCA) Page 3 government did not issue permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (9) As used in this section, "private events" includes, but is not limited to, facility rentals and celebratory gatherings. SECTION 3a. ORS 215.452, as amended by sections 1 and 2, chapter 97, Oregon Laws 2010, and sections 2 and 3 of this 2011 Act, is amended to read: 215.452. (1) A winery may be established as a permitted use under ORS 215.213 (1)(p) and 215.283 (1)(n) in an area zoned for exclusive farm use if the winery produces wine with a maximum annual production of: (a) Less than 50,000 gallons and: (A) Owns an on-site vineyard of at least 15 acres; (B) Owns a contiguous vineyard of at least 15 acres; (e) Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or (D) Obtains grapes from any combination of subparagraph (A), (B) or (e) of this paragraph; or (b) At least 50,000 gallons and the winery: (A) Owns an on-site vineyard of at least 40 acres; (B) Owns a contiguous vineyard of at least 40 acres; (e) Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery; or (D) Obtains grapes from any combination of subparagraph (A), (B) or (e) of this paragraph. (2) A winery described in subsection (1) of this section may: (a) Market and sell wine produced in conjunction with the winery, including the following ac tivities: (A) Wine tours; (B) Wine tastings in a tasting room or other location at the winery; (e) Wine clubs; and (D) Similar activities conducted for the primary purpose of promoting wine produced in con junction with the winery; and (b) Market and sell items directly related to the sale or promotion of wine produced in con junction with the winery, the marketing and sale of which is incidental to retail sale of wine on-site, including food and beverages served by a limited service restaurant, as defined in ORS 624.010.[, and] [(c) Provide services, including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:] [(A) Are directly related to the sale or promotion of wine produced in conjunction with the winery;] [(B) Are incidental to the retail sale of wine on-site; and] [(e) Are limited to 25 days or fewer in a calendar year.] [(3)(a) The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b) of this section and services provided pursuant to subsection (2)(c) 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 ac countant, that certifies compliance with paragraph (a) of this subsection for the previous tax year.] [(4)] (3) 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. [(5)] (4) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted or that the contract has been executed, as applicable. Enrolled House Bill 3280 (HB 3280·BCCA) Page 4 [(6)] (5) A local government shall adopt findings for each of the standards described in this subsection. Standards imposed on the siting of a winery shall be limited solely to each of the fol lowing for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands: (a) Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and (b) Provision of direct road access and internal circulation. [(7)] (6) A local government shall apply: (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety; (b) Regulations for the public health and safety; and (c) Regulations for resource protection acknowledged to comply with any statewide goal re specting open spaces, scenic and historic areas and natural resources. [(8)(a)] (7)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. [(9) As used in this section, "private events" includes, but is not limited to, facility rentals and celebratory gatherings.] SECTION 4. Section 5 of this 2011 Act is added to and made a part of ORB chapter 215. SECTION 5. (1) A winery may be established as a permitted use under ORB 215.213 (1)(p) or 215.283 (l)(n) in an area zoned for exclusive farm use 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 paragraph (a) of this subsection; 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 section. (2) A winery described in subsection (I) of this section may: (a) Market and sell wine produced in conjunction with the winery, including the following activities: (A) Wine tours; (B) Wine tastings in a tasting room or other location at the winery; (C) Wine clubS; and (D) Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery; (b) 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 served by a limited service restaurant, as defined in ORB 624.010, wine not produced in conjunction with the winery and gifts; and (c) Provide services, including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that: (A) Are directly related to the sale or promotion of wine produced in conjunction with the winery; (B) Are incidental to the retail sale of wine on-site; and (C) Are limited to 25 days or fewer in a calendar year. Enrolled House Bill 3280 (HB 3280-BCCA) Page 5 (3) The gross income of the winery from the sale of incidental items pursuant to sub· section (2)(b) of this section and services provided pursuant to subsection (2)(c) of this sec tion may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. (4) A winery operating under this section: (a) Shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established. (b) May operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery. (5)(a) A winery shall obtain a permit from the local government if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for private events occurring on more than 25 days in a calendar year. (b) In addition to any other requirements, a local government may approve a permit ap plication under this subsection if the local government finds that the authorized activity: (A) Complies with the standards described in ORS 215.296; (B) Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and (C) Does not materially alter the stability of the land use pattern in the area. (c) If the local government issues a permit under this subsection for private events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit. (6) A person may not have a substantial ownership interest in more than one winery operating a restaurant under this section. (7) Prior to the issuance of a permit to establish a winery under this section, the appli. cant shall show that vineyards described in subsection (1) of this section have been planted. (8) A local government shall require a winery operating under this section to 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. (9) A local government shall apply: (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety; (b) Regulations for the public health and safety; and (c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources. (10) The local government may authorize a winery described in subsection (1) of this section to sell or deliver items or provide services not described in subsection (2)(b) or (c) or (3) of this section under the criteria for a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a). (l1)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (12) As used in this section, "private events" includes, but is not limited to, facility rentals and celebratory gatherings. SECTION 5a. Section 5 of this 2011 Act is amended to read: Sec. 5. (1) A winery may be established as a permitted use under DRS 215.213 (l)(p) or 215.283 (l)(n) in an area zoned for exclusive farm use if: Enrolled House Bill 3280 (HB 3280-BCCA) Page 6 (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 paragraph (a) of this subsection; and (c) The winery has produced annually, at the same or a different location, at least 150,000 gal· Ions of wine in at least three of the five calendar years before the winery is established under this section. (2) A winery described in subsection (1) of this section may: (a) Market and sell wine produced in conjunction with the winery, including the following ac· tivities: (A) Wine tours; (B) Wine tastings in a tasting room or other location at the winery; (C) Wine clubs; and (D) Similar activities conducted for the primary purpose of promoting wine produced in con· junction with the winery; (b) Market and sell items directly related to the sale or promotion of wine produced in con· junction with the winery, the marketing and sale of which is incidental to retail sale of wine on-site, including food and beverages served by a limited service restaurant, as defined in ORS 624.010, wine not produced in conjunction with the winery and gifts; and (c) Provide services, including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that: (A) Are directly related to the sale or promotion of wine produced in conjunction with the winery; (B) Are incidental to the retail sale of wine on-site; and (C) Are limited to 25 days or fewer in a calendar year. (3)(a) The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b) of this section and services provided pursuant to subsection (2)(c) of this section may not ex ceed 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 paragraph (a) of this subsection for the previous tax year. (4) A winery operating under this section: (a) Shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established. (b) May operate a restaurant, as defined in ORS 624.010, in which food is prepared for con sumption on the premises of the winery. (5)(a) A winery shall obtain a permit from the local government if the winery operates a res taurant that is open to the public for more than 25 days in a calendar year or provides for private events 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 if the local government finds that the authorized activity: (A) Complies with the standards described in ORS 215.296; (B) Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and (C) Does not materially alter the stability of the land use pattern in the area. (c) If the local government issues a permit under this subsection for private events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit. (6) A person may not have a substantial ownership interest in more than one winery operating a restaurant under this section. Enrolled House Bill 3280 (HB 3280·BCCA) Page 7 (7) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted. (8) A local government shall require a winery operating under this section to 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. (9) A local government shall apply: (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety; (b) Regulations for the public health and safety; and (c) Regulations for resource protection acknowledged to comply with any statewide goal re specting open spaces, scenic and historic areas and natural resources. (10) The local government may authorize a winery described in subsection (1) of this section to sell or deliver items or provide services not described in subsection (2)(b) or (c) or (3) of this section under the criteria for a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a). (11)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before the effective date of this 2011 Act. (12) As used in this section, "private events" includes, but is not limited to, facility rentals and celebratory gatherings. SECTION 6. (1) A use or structure that is lawfully established at a winery located in an exclusive farm use zone and that exists on the effective date of this 2011 Act, including events and activities that exceed the income limit imposed by ORS 215.452, may be continued, altered, restored or replaced pursuant to ORS 215.130. (2) Subsection (1) of this section does not affect the lawful continuation, alteration, res toration or replacement of the winery sited on the same tract. SECTION 7. ORS 215.213 is amended to read: 215.213. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. (b) The propagation or harvesting of a forest product. (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. A utility facility necessary for public service may be established as provided in ORS 215.275. (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator's spouse, which means a child, parent, stepparent, grandchild, grandparent, step grandparent, sibling, stepsibling, 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 the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, 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 se cured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel. (e) Nonresidential buildings customarily provided in conjunction with farm use. Enrolled House Bill 3280 (HB 3280·BCCA) Page 8 (1) Primary or accessory dwellings customarily provided in conjunction with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as part of a farm opera tion and is not smaller than the minimum lot size in a farm zone with a minimum lot size acknowl edged under ORS 197.251. (g) Operations for the exploration for and production of geothermal resources 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. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (i) 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. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol ished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic re view of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under paragraph (q) of this subsection. (j) Climbing and passing lanes within the right of way existing as of July 1, 1987. (k) 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. (L) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed. (m) 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 public-owned property utilized to support the operation and maintenance of public roads and high ways. (n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a county inventory as historic property as defined in ORS 358.480. (0) Creation, restoration or enhancement of wetlands. (p) A winery, as described in ORS 215.452 or section I) of this 2011 Act. (q) Alteration, restoration or replacement of a lawfully established dwelling that: (A) Has intact exterior walls and roof structure; (B) Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; (C) Has interior wiring for interior lights; (D) Has a heating system; and (E) In the case of replacement: (i) Is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parceL A dwelling established under this paragraph shall comply with all applicable siting standards. However, the standards shall not be applied in a manner that prohibits the siting of the dwelling. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for the county where the property is located a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this paragraph regarding replacement Enrolled House Bill 3280 (HB 3280-BCCA) Page 9 dwellings have changed to allow the siting of another dwelling. The county planning director or the director's designee shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under the provisions of this paragraph, including a copy of the deed restrictions and release statements filed under this paragraph; and (ii) For which the applicant has requested a deferred replacement permit, is removed or demol ished within three months after the deferred replacement permit is issued. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the permit becomes void. 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. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. (r) Farm stands if: (A) The structures are designed and used for the sale of farm crops or 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 pro motional activity do not make up more than 25 percent of the total annual sales of the farm stand; and (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment. (s) An armed forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, "armed forces reserve center" includes an armory or National Guard support facility. (t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. 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. As used in this paragraph, "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 is controlled by radio, lines or design by a person on the ground. (u) A facility for the processing of farm crops, or the production of biofuel as defined in ORS 315.141, that is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. A 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. (v) Fire service facilities providing rural fire protection services. (w) Irrigation canals. delivery lines and those structures and accessory operational facilities associated with a district as defined in ORS 540.505. (x) Utility facility service lines. Utility facility service lines are utility lines and accessory fa cilities 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: (A) A public right of way; (B) Land immediately adjacent to a public right of way. provided the written consent of all ad jacent property owners has been obtained; or Enrolled House Bill 3280 (HB 3280-BCCA) Page 10 (C) The property to be served by the utility. (y) Subject to the issuance of a license, permit or other approval by the Department of Envi ronmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land 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 in an exclusive farm use zone under this chapter. (2) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use subject to ORS 215.296: (a) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest product on a lot or parcel that is managed as part of a farm operation or woodlot if the farm op eration or woodlot: (A) Consists of 20 or more acres; and (B) Is not smaller than the average farm or woodlot in the county producing at least $2,500 in annual gross income from the crops, livestock or forest products to be raised on the farm operation or woodlot. (b) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest product on a lot or parcel that is managed as part of a farm operation or woodlot smaller than re quired under paragraph (a) of this subsection, if the lot or parcel: (A) Has produced at least $20,000 in annual gross farm income in two consecutive calendar years out of the three calendar years before the year in which the application for the dwelling was made or is planted in perennials capable of producing upon harvest an average of at least $20,000 in annual gross farm income; or (B) Is a woodlot capable of producing an average over the growth cycle of $20,000 in gross an nual income. (c) Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (2)(bXL) or subsection (1Xu) of this section. (d) Operations conducted for: (A) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, not otherwise permitted under subsection (l)(g) of this section; (B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface re sources subject to ORS 215.298; (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and (D) Processing of other mineral resources and other subsurface resources. (e) Community centers owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community, hunting and fishing pre serves, public and private parks, playgrounds and campgrounds. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. 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 (1). A public park or campground may be established as provided under ORS 195.120. 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 appli ance. (0 Golf courses on land determined not to be high-value farmland as defined in ORS 195.300. (g) Commercial utility facilities for the purpose of generating power for public use by sale. (h) Personal-use airports for airplanes and helicopter pads, including associated hangar, main tenance and service facilities. A personal-use airport as used in this section means an airstrip re- Enrolled House Bill 3280 (HB 3280-BCCA) Page 11 stricted, 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 op erations. 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. A personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted sub ject to any applicable rules of the Oregon Department of Aviation. (i) A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses de scribed in ORS 215.203 (2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. 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. (j) 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 by the Department of Environ mental Quality together with equipment, facilities or buildings necessary for its operation. (k) Dog kennels. (L) Residential homes as defined in ORS 197.660, in existing dwellings. (m) 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. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the county's land use regulations but shall be mailed at least 20 calendar days prior to any adminis trative decision or initial public hearing on the application. (n) Home occupations as provided in ORS 215.448. (0) Transmission towers over 200 feet in height. (p) Construction of additional passing and travel lanes requiring the acquisition of right of way but not resulting in the creation of new land parcels. (q) Reconstruction or modification of public roads and highways involving the removal or dis placement of buildings but not resulting in the creation of new land parcels. (r) 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. (s) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. (t) Room and board arrangements for a maximum of five unrelated persons in existing resi dences. (u) A living history museum related to resource based activities owned and operated by a gov ernmental agency or a local historical society, together with limited commercial activities and fa cilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one quarter mile of the metropolitan urban growth boundary. 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 (B) "Local historical society" means the local historical society, recognized as such by the county governing body and organized under ORS chapter 65. Enrolled House Bill 3280 (HB 3280·BCCA) Page 12 (v) Operations for the extraction and bottling of water. (w) An aerial fireworks display business that has been in continuous operation at its current location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler's permit to sell or provide fireworks. (x) A landscape contracting business, as defined in ORS 671.520, or a business providing land scape 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. (y) 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. (3) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), a single-family residential dwelling not provided in conjunction with farm use may be established on a lot or parcel with soils predominantly in capability classes IV through VIII as determined by the Agricultural Capability Classification System in use by the United States Department of Agri culture Soil Conservation Service on October 15, 1983. A proposed dwelling is subject to approval of the governing body or its designee in any area zoned for exclusive farm use upon written findings showing all of the following: (a) The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use. (b) The dwelling is situated upon generally unsuitable land for the production of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, location and size of the tract. A lot or parcel shall not be considered unsuitable solely because of its size or location if it can reasonably be put to farm use in conjunction with other land. (c) Complies with such other conditions as the governing body or its designee considers neces sary. (4) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), one single-family dwelling, not provided in conjunction with farm use, may be established in any area zoned for exclusive farm use on a lot or parcel described in subsection (7) of this section that is not larger than three acres upon written findings showing: (a) The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use; (b) If the lot or parcel is located within the Willamette River Greenway, a floodplain or a geological hazard area, the dwelling complies with conditions imposed by local ordinances relating specifically to the Willamette River Greenway, floodplains or geological hazard areas, whichever is applicable; and (c) The dwelling complies with other conditions considered necessary by the governing body or its designee. (5) Upon receipt of an application for a permit under subsection (4) of this section, the governing body shall notify: (a) Owners of land that is within 250 feet of the lot or parcel on which the dwelling will be established; and (b) Persons who have requested notice of such applications and who have paid a reasonable fee imposed by the county to cover the cost of such notice. (6) The notice required in subsection (5) of this section shall specify that persons have 15 days following the date of postmark of the notice to file a written objection on the grounds only that the dwelling or activities associated with it would force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use. If no objection is re ceived, the governing body or its designee shall approve or disapprove the application. If an ob jection is received, the governing body shall set the matter for hearing in the manner prescribed in ORS 215.402 to 215.438. The governing body may charge the reasonable costs of the notice required by subsection (5)(a) of this section to the applicant for the permit requested under subsection (4) of this section. Enrolled House Bill 3280 (HB 328O·BCCA) Page 13 (7) Subsection (4) of this section applies to a lot or parcel lawfully created between January 1, 1948, and July 1, 1983. For the purposes of this section: (a) Only one lot or parcel exists if: (A) A lot or parcel described in this section is contiguous to one or more lots or parcels de scribed in this section; and (B) On July 1, 1983, greater than possessory interests are held in those contiguous lots, parcels or lots and parcels by the same person, spouses or a single partnership or business entity, separately or in tenancy in common. (b) "Contiguous" means lots, parcels or lots and parcels that have a common boundary, includ ing but not limited to, lots, parcels or lots and parcels separated only by a public road. (8) A person who sells or otherwise transfers real property in an exclusive farm use zone may retain a life estate in a dwelling on that property and in a tract of land under and around the dwelling. (9) No final approval of a nonfarm use under this section shall be given unless any additional taxes imposed upon the change in use have been paid. (10) Roads, highways and other transportation facilities and improvements not allowed under subsections (1) and (2) of this section may be established, subject to the approval of the governing body or its designee, in areas zoned for exclusive farm use subject to: (a) Adoption of an exception to the goal related to agricultural lands and to any other applicable goal with which the facility or improvement does not comply; or (b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. SECTION 8. ORS 215.283 is amended to read: 215.283. (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. (b) The propagation or harvesting of a forest product. (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. A utility facility necessary for public service may be established as provided in ORS 215.275. (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator's spouse, which means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, 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 the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, 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 se cured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel. (e) Primary or accessory dwellings and other buildings customarily provided in conjunction with farm use. (0 Operations for the exploration for and production of geothermal resources 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. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (g) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (h) Climbing and passing lanes within the right of way existing as of July 1, 1987. Enrolled House Bill 3280 (HB 3280-BCCA) Page 14 (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. 0) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed. (k) 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 public-owned property utilized to support the operation and maintenance of public roads and high ways. (L) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a county inventory as historic property as defined in ORS 358.480. (m) Creation, restoration or enhancement of wetlands. (n) A winery, as described in ORS 215.452 or section I) of this 2011 Act. (0) Farm stands if: (A) The structures are designed and used for the sale of farm crops or 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 pro motional activity do not make up more than 25 percent of the total annual sales of the farm stand; and (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment. (p) Alteration, restoration or replacement of a lawfully established dwelling that: (A) Has intact exterior walls and roof structure; (B) Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; (C) Has interior wiring for interior lights; (D) Has a heating system; and (E) In the case of replacement: (i) Is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parcel. A dwelling established under this paragraph shall comply with all applicable siting standards. However, the standards shall not be applied in a manner that prohibits the siting of the dwelling. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for the county where the property is located a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this paragraph regarding replacement dwellings have changed to allow the siting of another dwelling. The county planning director or the director's designee shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under the provisions of this paragraph, including a copy of the deed restrictions and release statements filed under this paragraph; and (ii) For which the applicant has requested a deferred replacement permit, is removed or demol ished within three months after the deferred replacement permit is issued. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the permit becomes void. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to Enrolled House Bill 3280 (HB 3280·BCCA) Page 15 siting at the time of construction. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. (q) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. 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. As used in this paragraph, "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 is controlled by radio, lines or design by a person on the ground. (r) A facility for the processing of farm crops, or the production of biofuel as defined in ORS 315.141, that is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. A 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. (s) Fire service facilities providing rural fire protection services. (t) Irrigation canals, delivery lines and those structures and accessory operational facilities as sociated with a district as defined in ORS 540.505. (u) Utility facility service lines. Utility facility service lines are utility lines and accessory fa cilities 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: (A) A public right of way; (B) Land immediately adjacent to a public right of way, provided the written consent of all ad jacent property owners has been obtained; or (C) The property to be served by the utility. (v) Subject to the issuance of a license, permit or other approval by the Department of Envi ronmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land 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 in an exclusive farm use zone under this chapter. (w) A county law enforcement facility that lawfully existed on August 20, 2002, and is used to provide rural law enforcement services primarily in rural areas, including parole and post-prison supervision, but not including a correctional facility as defined under ORS 162.135. (2) The following nonfarm uses may be established, subject to the approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296: (a) Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (2)(b)(L) or subsection (l)(r) of this section. (b) Operations conducted for: (A) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted under subsection (1)(0 of this section; (B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface re sources subject to ORS 215.298; (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and (D) Processing of other mineral resources and other subsurface resources. (c) Private parks, playgrounds, hunting and fishing preserves and campgrounds. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for Enrolled House Bill 3280 (HB 3280-BCCA) Page 16 overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. 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 (1). 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. (d) Parks and playgrounds. A public park may be established consistent with the provisions of ORS 195.120. (e) Community centers owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. A community center au thorized under this paragraph may provide services to veterans, including but not limited to emer gency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disabil ity income replacement and substance abuse services, only in a facility that is in existence on Jan uary 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. (0 Golf courses on land determined not to be high-value farmland, as defined in ORS 195.300. (g) Commercial utility facilities for the purpose of generating power for public use by sale. (h) Personal-use airports for airplanes and helicopter pads, including associated hangar, main tenance and service facilities. A personal-use airport, as used in this section, means an airstrip re stricted, 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 op erations. 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. A personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted sub ject to any applicable rules of the Oregon Department of Aviation. (i) Home occupations as provided in ORS 215.448. (j) A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses de scribed in ORS 215.203 (2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. 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. (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 by the Department of Environ mental Quality together with equipment, facilities or buildings necessary for its operation. (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. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol ished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic re view of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under subsection (l)(p) of this section. (m) Transmission towers over 200 feet in height. (n) Dog kennels. (0) Residential homes as defined in ORS 197.660, in existing dwellings. Enrolled House Bill 3280 (HB 3280·BCCA) Page 17 (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. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the county's land use regulations but shall be mailed at least 20 calendar days prior to any adminis trative decision or initial public hearing on the application. (q) Construction of additional passing and travel lanes requiring the acquisition of right of way but not resulting in the creation of new land parcels. (r) Reconstruction or modification of public roads and highways involving the removal or dis placement of buildings but not resulting in the creation of new land parcels. (s) Improvement of public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, where additional property or right of way is required but not resulting in the creation of new land parcels. (t) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. (u) Room and board arrangements for a maximum of five unrelated persons in existing resi dences. (v) Operations for the extraction and bottling of water. (w) Expansion of existing county fairgrounds and activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. (x) A living history museum related to resource based activities owned and operated by a gov ernmental agency or a local historical society, together with limited commercial activities and fa cilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one quarter mile of an ur ban growth boundary. 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 (B) "Local historical society" means the local historical society recognized by the county gov erning body and organized under ORS chapter 65. (y) An aerial fireworks display business that has been in continuous operation at its current location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler's permit to sell or provide fireworks. (z) A landscape contracting business, as defined in ORS 671.520, or a business providing land scape 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. (aa) Public or private schools for kindergarten through grade 12, including all buildings essen tial to the operation of a school, primarily for residents of the rural area in which the school is located. (3) Roads, highways and other transportation facilities and improvements not allowed under subsections (1) and (2) of this section may be established, subject to the approval of the governing body or its designee, in areas zoned for exclusive farm use subject to: (a) Adoption of an exception to the goal related to agricultural lands and to any other applicable goal with which the facility or improvement does not comply; or (b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. SECTION 9. ORS 215.455 is amended to read: 215,455. Any winery approved under ORS 215.213, 215.283, 215.284 and 215,452 and section 5 of this 2011 Act is not a basis for an exception under ORS 197.732 (2)(a) or (b). Enrolled House Bill 3280 (HB 3280-BCCA) Page 18 SECTION 10. ORS 30BA.053 is amended to read: 308A.053. As used in ORS 308A.050 to 30BA.12B: (1) "Exclusive farm use zone" means a zoning district established by a county or a city under the authority granted by ORS chapter 215 or 227 that is consistent with the farm use zone pro visions set forth in ORS 215.203 to 215.311, 215.43B, 215.44B, 215.452, 215.455 or 215.700 to 215.7BO or section 5 of this 2011 Act. (2) "Exclusive farm use zone farmland" means land that qualifies for special assessment under ORS 308A.062. (3) "Homesite" means the land, including all tangible improvements to the land under and ad jacent to a dwelling and other structures, if any, that are customarily provided in conjunction with a dwelling. (4) "Nonexclusive farm use zone farmland" means land that is not within an exclusive farm use zone but that qualifies for farm use special assessment under ORS 308A.06B. (5) "Remediation plan" means a plan certified by an extension agent of the Oregon State Uni versity Extension Service to remediate or mitigate severe adverse conditions on farmland. (6) "Severe adverse conditions on farmland" means conditions that render impracticable con tinued farm use and that are not due to an intentional or negligent act or omission by the owner, tenant or lessee of the farmland or the applicant for certification of a remediation plan. SECTION 11. (1) The amendments to ORB 215.452 by section 3 of this 2011 Act become operative January 1, 2013. (2) The amendments to section 5 of this 2011 Act by section 5a of this 2011 Act become operative January 1, 2013. (3) The amendments to ORB 215.452 by section 3a of this 2011 Act become operative January 1, 2014. SECTION 12. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage. Passed by House April 29, 2011 Received by Governor: Repassed by House June 27, 2011 ........................ M., ......................................................... ,2011 Approved: Ramona Kenady Line, Chief Clerk of House ........................ M ............................................................ 2011 Bruce Hanna, Speaker of House John Kitzhaber. Governor Arnie Roblan, Speaker of House Filed in Office of Secretary of State: Passed by Senate June 8, 2011 ........................ M., ......................................................... ,2011 Repassed by Senate June 27,2011 Peter Courtney. President of Senate Kate Brown. Secretary of State Enrolled House Bill 3280 (HB 3280·BCCA) Page 19 76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session Enrolled Senate Bill 960 Sponsored by Senator THOMSEN (at the request of Association of Oregon Counties, Oregon Farm Bureau) CHAPTER ................................................ . AN ACT Relating to uses on lands zoned for exclusive farm use; creating new prOViSions; amending ORS 197.015, 215.213, 215.246, 215.283 and 215.296; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 215.213 is amended to read: 215.213. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. (b) The propagation or harvesting of a forest product. (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. A utility facility necessary for public service may be established as provided in ORS 215.275. (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator's spouse, which means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, 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 the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, 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 se cured party may also foreclose on the homesite, as defmed in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parceL (e) Nonresidential buildings customarily provided in conjunction with farm use. (f) Primary or accessory dwellings customarily provided in conjunction with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as part of a farm opera tion and is not smaller than the minimum lot size in a farm zone with a minimum lot size acknowl edged under ORS 197.251. (g) Operations for the exploration for and production of geothermal resources 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. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). Enrolled Senate Bill 960 (SB 960-A) Page 1 (h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (i) 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. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol ished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic re view of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under paragraph (q) of this subsection. (j) Climbing and passing lanes within the right of way existing as of July 1, 1987. (k) 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. (L) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed. (m) 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 public-owned property utilized to support the operation and maintenance of public roads and high ways. (n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a county inventory as historic property as defined in ORS 358.480. (0) Creation, restoration or enhancement of wetlands. (p) A winery, as described in ORS 215.452. (q) Alteration, restoration or replacement of a lawfully established dwelling that: (A) Has intact exterior walls and roof structure; (B) Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; (C) Has interior wiring for interior lights; (D) Has a heating system; and (E) In the case of replacement: (i) Is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parcel. A dwelling established under this paragraph shall comply with all applicable siting standards. However, the standards shall not be applied in a manner that prohibits the siting of the dwelling. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for the county where the property is located a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this paragraph regarding replacement dwellings have changed to allow the siting of another dwelling. The county planning director or the director's designee shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under the provisions of this paragraph, including a copy of the deed restrictions and release statements filed under this paragraph; and (ii) For which the applicant has requested a deferred replacement permit, is removed or demol ished within three months after the deferred replacement permit is issued. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the permit becomes void. The replacement dwelling must comply with applicable building Enrolled Senate Bill 960 (SB 960-A) Page 2 codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. A deferred replacement permit may not be transferred, by sale or otherwise. except by the applicant to the spouse or a child of the applicant. (r) Farm stands if: (A) The structures are designed and used for the sale of farm crops or 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 pro motional activity do not make up more than 25 percent of the total annual sales of the farm stand; and (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment. (s) An armed forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, "armed forces reserve center" includes an armory or National Guard support facility. (t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. 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. As used in this paragraph, "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 is controlled by radio, lines or design by a person on the ground. (u) A facility for the processing of farm crops, or the production of biofuel as defined in ORS 315.141, that is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. A 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. (v) Fire service facilities providing rural fire protection services. (w) Irrigation canals, delivery lines and those structures and accessory operational facilities associated with a district as defined in ORS 540.505. (x) Utility facility service lines. Utility facility service lines are utility lines and accessory fa cilities 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: (A) A public right of way; (B) Land immediately adjacent to a public right of way, provided the written consent of all ad jacent property owners has been obtained; or (C) The property to be served by the utility. (y) Subject to the issuance of a license, permit or other approval by the Department of Envi ronmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land 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 in an exclusive farm use zone under this chapter. Enrolled Senate Bill 960 (SB 960-A) Page 3 (2) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use subject to ORS 215.296: (a) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest product on a lot or parcel that is managed as part of a farm operation or woodlot if the farm op eration or woodlot: (A) Consists of 20 or more acres; and (B) Is not smaller than the average farm or woodlot in the county producing at least $2,500 in annual gross income from the crops, livestock or forest products to be raised on the farm operation or woodlot. (b) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest product on a lot or parcel that is managed as part of a farm operation or woodlot smaller than re quired under paragraph (a) of this subsection, if the lot or parcel: (A) Has produced at least $20,000 in annual gross farm income in two consecutive calendar years out of the three calendar years before the year in which the application for the dwelling was made or is planted in perennials capable of producing upon harvest an average of at least $20,000 in annual gross farm income; or (B) Is a woodlot capable of producing an average over the growth cycle of $20,000 in gross an nual income. (c) Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (2)(b)(L) or subsection (1)(u) of this section. (d) Operations conducted for: (A) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, not otherwise permitted under subsection (1)(g) of this section; (B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface re sources subject to ORS 215.298; (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and (D) Processing of other mineral resources and other subsurface resources. (e) Community centers owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community, hunting and fishing pre serves, public and private parks, playgrounds and campgrounds. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. 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 (1). A public park or campground may be established as provided under ORS 195.120. 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 appli ance. (f) Golf courses on land determined not to be high-value farmland as defined in ORS 195.300. (g) Commercial utility facilities for the purpose of generating power for public use by sale. (h) Personal-use airports for airplanes and helicopter pads, including associated hangar, main tenance and service facilities. A personal-use airport as used in this section means an airstrip re stricted, 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 op erations. 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. A personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted sub ject to any applicable rules of the Oregon Department of Aviation. Enrolled Senate Bill 960 (SB 960-A) Page 4 (i) A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses de scribed in ORS 215.203 (2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. 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. (j) 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 by the Department of Environ mental Quality together with equipment, facilities or buildings necessary for its operation. (k) Dog kennels. (L) Residential homes as defined in ORS 197.660, in existing dwellings. (m) 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. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the county's land use regulations but shall be mailed at least 20 calendar days prior to any adminis trative decision or initial public hearing on the application. (n) Home occupations as provided in ORS 215.448. (0) Transmission towers over 200 feet in height. (p) Construction of additional passing and travel lanes requiring the acquisition of right of way but not resulting in the creation of new land parcels. (q) Reconstruction or modification of public roads and highways involving the removal or dis placement of buildings but not resulting in the creation of new land parcels. (r) 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. (s) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. (t) Room and board arrangements for a maximum of five unrelated persons in existing resi dences. (u) A living history museum related to resource based activities owned and operated by a gov ernmental agency or a local historical society, together with limited commercial activities and fa cilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one quarter mile of the metropolitan urban growth boundary. 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 (B) "Local historical society" means the local historical society, recognized as such by the county governing body and organized under ORS chapter 65. (v) Operations for the extraction and bottling of water. (w) An aerial fireworks display business that has been in continuous operation at its current location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler's permit to sell or provide fireworks. (x) A landscape contracting business, as defined in ORS 671.520, or a business providing land scape 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. Enrolled Senate Bill 960 (SB 960-A) Page 5 (y) 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. (3) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), a single-family residential dwelling not provided in conjunction with farm use may be established on a lot or parcel with soils predominantly in capability classes IV through VIII as determined by the Agricultural Capability Classification System in use by the United States Department of Agri. culture Soil Conservation Service on October 15, 1983. A proposed dwelling is subject to approval of the governing body or its designee in any area zoned for exclusive farm use upon written findings showing all of the following: (a) The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use. (b) The dwelling is situated upon generally unsuitable land for the production of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, location and size of the tract. A lot or parcel shall not be considered unsuitable solely because of its size or location if it can reasonably be put to farm use in conjunction with other land. (c) Complies with such other conditions as the governing body or its designee considers neces sary. (4) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), one single-family dwelling, not provided in conjunction with farm use, may be established in any area zoned for exclusive farm use on a lot or parcel described in subsection (7) of this section that is not larger than three acres upon written findings showing; (a) The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use; (b) If the lot or parcel is located within the Willamette River Greenway, a floodplain or a geological hazard area, the dwelling complies with conditions imposed by local ordinances relating specifically to the Willamette River Greenway, floodplains or geological hazard areas, whichever is applicable; and (c) The dwelling complies with other conditions considered necessary by the governing body or its designee. (5) Upon receipt of an application for a permit under subsection (4) of this section, the governing body shall notify: (a) Owners of land that is within 250 feet of the lot or parcel on which the dwelling will be established; and (b) Persons who have requested notice of such applications and who have paid a reasonable fee imposed by the county to cover the cost of such notice. (6) The notice required in subsection (5) of this section shall specify that persons have 15 days following the date of postmark of the notice to file a written objection on the grounds only that the dwelling or activities associated with it would force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use. If no objection is re ceived, the governing body or its designee shall approve or disapprove the application. If an ob jection is received, the governing body shall set the matter for hearing in the manner prescribed in ORS 215.402 to 215.438. The governing body may charge the reasonable costs of the notice required by subsection (5)(a) of this section to the applicant for the permit requested under subsection (4) of this section. (7) Subsection (4) of this section applies to a lot or parcel lawfully created between January 1, 1948, and July 1, 1983. For the purposes of this section: (a) Only one lot or parcel exists if: (A) A lot or parcel described in this section is contiguous to one or more lots or parcels de scribed in this section; and (B) On July 1, 1983, greater than possessory interests are held in those contiguous lots, parcels or lots and parcels by the same person, spouses or a single partnership or business entity. separately or in tenancy in common. Enrolled Senate Bill 960 (SB 960-A) Page 6 (b) "Contiguous" means lots, parcels or lots and parcels that have a common boundary, includ ing but not limited to, lots, parcels or lots and parcels separated only by a public road. (8) A person who sells or otherwise transfers real property in an exclusive farm use zone may retain a life estate in a dwelling on that property and in a tract of land under and around the dwelling. (9) No final approval of a nonfarm use under this section shall be given unless any additional taxes imposed upon the change in use have been paid. (10) Roads, highways and other transportation facilities and improvements not allowed under subsections (1) and (2) of this section may be established, subject to the approval of the governing body or its designee, in areas zoned for exclusive farm use subject to: (a) Adoption of an exception to the goal related to agricultural lands and to any other applicable goal with which the facility or improvement does not comply; or (b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. (11) The following agri-tourism and other commercial events or activities that are related to and supportive of agriculture may be established in any area zoned for exclusive farm use: (a) A county may authorize a single agri-tourism or other commercial event or activity on a tract in a calendar year by an authorization 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 ex ceed 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 ORS 215.296; (F) The agri-tourism or other commercial event or activity occurs outdoors, in tempo rary 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 es tablished for: (i) Planned hours of operation; (ii) Access, egress and parking; (iii) A traffic management plan that identities the projected number of vehicles and any anticipated use of public roads; and (iv) Sanitation and solid waste. (b) In the alternative to paragraphs (a) and (c) of this subsection, a county may author ize, 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. 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 com mercial 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; Enrolled Senate Bill 960 (SB 960-A) Page 7 (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 ad joining properties consent, in writing, to the location; and (G) Must comply with applicable health and fire and life safety requirements. (c) In the alternative to paragraphs (a) and (b) of this subsection, a county may authorize up to six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited use permit that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract. The agri-tourism or other commercial events or activities must meet any local standards that apply, and the agri·tourism or other com· mercial 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 con nection with the agri-tourism or other commercial events or activities; (D) Must comply with ORS 215.296; (E) May not, in combination with other agri·tourism or other commercial events or ac tivities authorized in the area, materially alter the stability of the land use pattern in the area; and (F) Must comply with conditions established for: (i) The types of agri-tourism or other commercial events or activities that are authorized during each calendar year, including the number and duration of the agri-tourism or other commercial events and activities, the anticipated daily attendance and the hours of opera tion; (ii) The location of existing structures and the location of proposed temporary structures to be used in connection with the agri·tourism or other commercial events or activities; (iii) The location of access and egress and parking facilities to be used in connection with the agri-tourism or other commercial events or activities; (iv) Traffic management, including the projected number of vehicles and any anticipated use of public roads; and (v) Sanitation and solid waste. (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 (D) Do not exceed 18 events or activities in a calendar year. (12) A holder of a permit authorized by a county under subsection (B)(d) of this section must request review of the permit at four·year intervals. Upon receipt of a request for reo view, the county shall: (a) Provide public notice and an opportunity for public comment as part of the review process; and Enrolled Senate Bill 960 (SB 960-A) Page 8 (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 (l1)(d) of this section. (13) For the purposes of subsection (11) of this section: (a) A county may authorize the use of temporary structures established in connection with the agri.tourism or other commercial events or activities authorized under subsection (11) of this section. However, the temporary structures must be removed at the end of the agri-tourism or other event or activity. The county may not approve an alteration to the land in connection with an agri·tourism or other commercial event or activity authorized under subsection (11) of this section, including, but not limited to, grading, filling or paving. (b) The county may issue the limited use permits authorized by subsection (l1)(c) of this section for two calendar years. When considering an application for renewal, the county shall ensure compliance with the provisions of subsection (l1)(c) of this section, any local stand ards that apply and conditions that apply to the permit or to the agri-tourism or other commercial events or activities authorized by the permit. (c) The authorizations provided by subsection (11) of this section are in addition to other authorizations that may be provided by law, except that "outdoor mass gathering" and "other gathering," as those terms are used in OKS 197.015 (10)(d), do not include agri-tourism or other commercial events and activities. SECTION 2. ORS 215.283 is amended to read: 215.283. (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. (b) The propagation or harvesting of a forest product. (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. A utility facility necessary for public service may be established as provided in ORS 215.275. (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator's spouse, which means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, 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 the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, 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 se cured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel. (e) Primary or accessory dwellings and other buildings customarily provided in conjunction with farm use. (0 Operations for the exploration for and production of geothermal resources 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. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (g) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (h) Climbing and passing lanes within the right of way existing as of July 1, 1987. (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. Enrolled Senate Bill 960 (SB 960-A) Page 9 (j) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed. (k) 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 public-owned property utilized to support the operation and maintenance of public roads and high ways. (L) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a county inventory as historic property as defined in ORS 358.480. (m) Creation, restoration or enhancement of wetlands. (n) A winery, as described in ORS 215.452. (0) Farm stands if: (A) The structures are designed and used for the sale of farm crops or 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 pro motional activity do not make up more than 25 percent of the total annual sales of the farm stand; and (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment. (p) Alteration, restoration or replacement of a lawfully established dwelling that: (A) Has intact exterior walls and roof structure; (B) Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; (C) Has interior wiring for interior lights; (D) Has a heating system; and (E) In the case of replacement: (i) Is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parcel. A dwelling established under this paragraph shall comply with all applicable siting standards. However, the standards shall not be applied in a manner that prohibits the siting of the dwelling. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for the county where the property is located a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this paragraph regarding replacement dwellings have changed to allow the siting of another dwelling. The county planning director or the director's designee shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under the provisions of this paragraph, including a copy of the deed restrictions and release statements filed under this paragraph; and (ii) For which the applicant has requested a deferred replacement permit, is removed or demol ished within three months after the deferred replacement permit is issued. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the permit becomes void. 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. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. (q) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved Enrolled Senate Bill 960 (SB 960·A) Page 10 under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. 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. As used in this paragraph, "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 is controlled by radio, lines or design by a person on the ground. (r) A facility for the processing of farm crops, or the production of biofuel as defmed in ORS 315.141, that is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. A 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. (s) Fire service facilities providing rural fire protection services. (t) Irrigation canals, delivery lines and those structures and accessory operational facilities as sociated with a district as defined in ORS 540.505. (u) Utility facility service lines. Utility facility service lines are utility lines and accessory fa cilities 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: (A) A public right of way; (B) Land immediately adjacent to a public right of way, provided the written consent of all ad jacent property owners has been obtained; or (C) The property to be served by the utility. (v) Subject to the issuance of a license, permit or other approval by the Department of Envi ronmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 46BB.095, and as provided in ORS 215.246 to 215.251, the land 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 in an exclusive farm use zone under this chapter. (w) A county law enforcement facility that lawfully existed on August 20, 2002, and is used to provide rural law enforcement services primarily in rural areas, including parole and post-prison supervision, but not including a correctional facility as defined under ORS 162.135. (2) The following nonfarm uses may be established, subject to the approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296: (a) Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (2)(b)(L) or subsection (l)(r) of this section. (b) Operations conducted for: (A) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted under subsection (1)(0 of this section; (B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface re sources subject to ORS 215.298; (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and (D) Processing of other mineral resources and other subsurface resources. (c) Private parks, playgrounds, hunting and fishing preserves and campgrounds. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. 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 Enrolled Senate Bill 960 (SB 960-A) Page 11 standards described in ORS 215.296 (1). 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. (d) Parks and playgrounds. A public park may be established consistent with the provisions of ORS 195.120. (e) Community centers owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. A community center au thorized under this paragraph may provide services to veterans, including but not limited to emer gency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disabil ity income replacement and substance abuse services, only in a facility that is in existence on Jan uary 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. (f) Golf courses on land determined not to be high-value farmland, as defined in ORS 195.300. (g) Commercial utility facilities for the purpose of generating power for public use by sale. (h) Personal-use airports for airplanes and helicopter pads, including associated hangar, main tenance and service facilities. A personal-use airport, as used in this section, means an airstrip re stricted, 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 op erations. 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. A personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted sub ject to any applicable rules of the Oregon Department of Aviation. (i) Home occupations as provided in ORS 215.448. (j) A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses de scribed in ORS 215.203 (2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. 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. (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 by the Department of Environ mental Quality together with equipment, facilities or buildings necessary for its operation. (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. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol ished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic re view of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under subsection (l)(p) of this section. (m) Transmission towers over 200 feet in height. (n) Dog kennels. (0) Residential homes as defined in ORS 197.660, in existing dwellings. (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. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the Enrolled Senate Bill 960 (SB 960-A) Page 12 county's land use regulations but shall be mailed at least 20 calendar days prior to any adminis trative decision or initial public hearing on the application. (q) Construction of additional passing and travel lanes requiring the acquisition of right of way but not resulting in the creation of new land parcels. (r) Reconstruction or modification of public roads and highways involving the removal or dis placement of buildings but not resulting in the creation of new land parcels. (s) Improvement of public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, where additional property or right of way is required but not resulting in the creation of new land parcels. (t) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. (u) Room and board arrangements for a maximum of five unrelated persons in existing resi dences. (v) Operations for the extraction and bottling of water. (w) Expansion of existing county fairgrounds and activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. (x) A living history museum related to resource based activities owned and operated by a gov ernmental agency or a local historical society, together with limited commercial activities and fa cilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one quarter mile of an ur ban growth boundary. 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 (B) "Local historical society" means the local historical society recognized by the county gov erning body and organized under ORS chapter 65. (y) An aerial fireworks display business that has been in continuous operation at its current location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler's permit to sell or provide fireworks. (z) A landscape contracting business, as dermed in ORS 671.520, or a business providing land scape 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. (aa) Public or private schools for kindergarten through grade 12, including all buildings essen tial to the operation of a school, primarily for residents of the rural area in which the school is located. (3) Roads, highways and other transportation facilities and improvements not allowed under subsections (1) and (2) of this section may be established, subject to the approval of the governing body or its designee, in areas zoned for exclusive farm use subject to: (a) Adoption of an exception to the goal related to agricultural lands and to any other applicable goal with which the facility or improvement does not comply; or (b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. (4) The following agri-tourlsm and other commercial events or activities that are related to and supportive of agriculture may be established in any area zoned for exclusive farm use: (a) A county may authorize a single agri-tourism or other commercial event or activity on a tract in a calendar year by an authorization 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 commereial event or activity is incidental and subordinate to existing farm use on the tract; Enrolled Senate Bill 960 (SB 960-A) Page 13 (B) The duration of the agri-tourism or other commercial event or activity does not ex ceed 72 consecutive hours; (e) 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 200 vehicles; (E) The agri-tourism or other commercial event or activity complies with ORS 215.296; (F) The agri-tourism or other commercial event or activity occurs outdoors, in tempo rary 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 es tablished for: (i) Planned hours of operation; (m Access, egress and parking; (iii) A traffic management plan that identifies the projected number of vehicles and any anticipated use of public roads; and (iv) Sanitation and solid waste. (b) In the alternative to paragraphs (a) and (c) of this subsection, a county may author ize, 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. 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 com mercial 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.; (e) 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 ad joining properties consent, in writing, to the location; and (G) Must comply with applicable health and fire and life safety requirements. (c) In the alternative to paragraphs (a) and (b) of this subsection, a county may authorize up to six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited use permit that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract. The agri-tourism or other commercial events or activities must meet any local standards that apply, and the agri·tourism or other com mercial 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; (e) May not require that a new permanent structure be built, used or occupied in con nection with the agri-tourism or other commercial events or activities; (D) Must comply with ORS 215.296; (E) May not, in combination with other agri·tourism or other commercial events or ac tivities authorized in the area, materially alter the stability of the land use pattern in the area; and (F) Must comply with conditions established for: Enrolled Senate Bill 960 (SB 960·A) Page 14 (i) The types of agri-tourism or other commercial events or activities that are authorized during each calendar year, including the number and duration of the agri-tourism or other commercial events and activities, the anticipated daily attendance and the hours of opera tion; (ii) The location of existing structures and the location of proposed temporary structures to be used in connection with the agri-tourism or other commercial events or activities; (iii) The location of access and egress and parking facilities to be used in connection with the agri-tourism or other commercial events or activities; (iv) Traffic management, including the projected number of vehicles and any anticipated use of public roads; and (v) Sanitation and solid waste. (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 (D) Do not exceed 18 events or activities in a calendar year. (5) A holder of a permit authorized by a county under subsection (4)(d) of this section must request review of the permit at four-year intervals. Upon receipt of a request for reo view, 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 (4)(d) of this section. (6) For the purposes of subsection (4) of this section: (a) A county may authorize the use of temporary structures established in connection with the agri·tourism or other commercial events or activities authorized under subsection (4) of this section. However, the temporary structures must be removed at the end of the agri.tourism or other event or activity. The county may not approve an alteration to the land in connection with an agri.tourism or other commercial event or activity authorized under subsection (4) of this section, including, but not limited to, grading, filling or paving. (b) The county may issue the limited use permits authorized by subsection (4)(c) of this section for two calendar years. 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 commer cial events or activities authorized by the permit. (c) The authorizations provided by subsection (4) of this section are in addition to other authorizations that may be provided by law, except that "outdoor mass gathering" and "other gathering," as those terms are used in ORS 197.015 (10)(d), do not include agri-tourism or other commercial events and activities. SECTION 3. If a winery sited on land zoned for exclusive farm use under ORS 215.452 conducts events or activities authorized by ORS 215.213 (11) or 215.283 (4), the winery may not conduct events or activities, if any, that are: (1) Authorized by ORS 215.452; and (2) Subject to the conditional approval of a county. Enrolled Senate Bill 960 (SB 960-A) Page 15 SECTION 4. Notwithstanding OIlS 30.938, in an action or claim for relief alleging nui sance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party is not entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal if: (I) The party owns, operates or attends an agri.tourism or other commercial event or activity authorized under OIlS 2Hi.213 (11) or 215.283 (4); and (2) The action or claim arises from the event or activity. SECTION 5. The uses authorized by OIlS 215.213 (11) or 215.283 (4) may be allowed on lands that are planned and zoned for exclusive farm use and designated as rural reserves under OIlS 195.141 or as urban reserves under OIlS 195.145. SECTION 6. (1)(a) A use or structure in an area zoned for exclusive farm use that exists on the effective date of this 2011 Act may be lawfully continued, altered, restored or replaced pursuant to OIlS 215.130 if the use or structure is located on the same tract, as defined in OIlS 215.010, as a winery established under OIlS 215.213 (I)(p) or 215.283 (l)(n) that produced more than 250,000 gallons of wine in calendar year 2010. (b) This subsection does not affect the lawful continuation, alteration, restoration or expansion of the winery sited on the same tract. (2) A winery established under OIlS 215.213 (I)(p) or 215.283 (l)(n) that produced more than 150,000 gallons and not more than 250,000 gallons of wine in calendar year 2010 does not require a permit under OIlS 215.213 (2)(c) or 215.283 (2)(a). However, the winery must comply with all provisions of OIlS 215.452 except the annual production requirements. SECTION 7. ORS 197.015 is amended to read: 197.015. As used in ORS chapters 195, 196 and 197, unless the context requires otherwise: (1) "Acknowledgment" means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional frame work plan comply with the goals. (2) "Board" means the Land Use Board of Appeals. (3) "Carport" means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle. (4) "Commission" means the Land Conservation and Development Commission. (5) "Comprehensive plan" means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, trans portation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. "Comprehensive" means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. "General nature" means a summary of policies and proposals in broad catego ries and does not necessarily indicate specific locations of any area, activity or use. A plan is "co ordinated" when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. "Land" includes water, both surface and subsurface, and the air. (6) "Department" means the Department of Land Conservation and Development. (7) "Director" means the Director of the Department of Land Conservation and Development. (8) "Goals" means the mandatory statewide land use planning standards adopted by the com mission pursuant to ORS chapters 195, 196 and 197. (9) "Guidelines" means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines shall be advisory and shall not limit state agencies, cities, counties and special districts to a single approach. Enrolled Senate Bill 960 (SB 960·A) Page 16 (10) "Land use decision": (a) Includes: (A) A final decision or determination made by a local government or special district that con cerns the adoption, amendment or application of: (i) The goals; (ii) A comprehensive plan provision; (iii) A land use regulation; or (iv) A new land use regulation; (B) A final decision or determination of a state agency other than the commission with respect to which the agency is required to apply the goals; or (e) A decision of a county planning commission made under ORS 433.763; (b) Does not include a decision of a local government: (A) That is made under land use standards that do not require interpretation or the exercise of policy or legal judgment; (B) That approves or denies a building permit issued under clear and objective land use stand ards; (e) That is a limited land use decision; (D) That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the comprehensive plan and land use regulations; (E) That is an expedited land division as described in ORS 197.360; (F) That approves, pursuant to ORS 480.450 (7), the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated exclusively by the State Fire Marshal under ORS 480.410 to 480.460; (G) That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or (H) That a proposed state agency action subject to ORS 197.180 (1) is compatible with the ac knowledged comprehensive plan and land use regulations implementing the plan, if: (i) The local government has already made a land use decision authorizing a use or activity that encompasses the proposed state agency action; (ii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan; or (iii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action requires a future land use review under the acknowledged comprehensive plan and land use regulations implementing the plan; (c) Does not include a decision by a school district to close a school; (d) Does not include, except as provided in ORS 215.213 (13)(e) or 215.283 (S)(e). authorization of an outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and (e) Does not include: (A) A writ of mandamus issued by a circuit court in accordance with ORS 215.429 or 227.179; (B) Any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or 227.179; or (e) A state agency action subject to ORS 197.180 (1), if: (i) The local government with land use jurisdiction over a use or activity that would be au thorized, funded or undertaken by the state agency as a result of the state agency action has al ready made a land use decision approving the use or activity; or (ii) A use or activity that would be authorized, funded or undertaken by the state agency as a result of the state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan. Enrolled Senate Bill 960 (SB 960-A) Page 17 (11) "Land use regulation" means any local government zoning ordinance, land division ordi nance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. (12) "Limited land use decision": (a) Means a final decision or determination made by a local government pertaining to a site within an urban growth boundary that concerns: (A) The approval or denial of a tentative subdivision or partition plan, as described in ORS 92.040 (1). (B) The approval or denial of an application based on discretionary standards designed to reg ulate the physical characteristics of a use permitted outright, including but not limited to site re view and design review. (b) Does not mean a final decision made by a local government pertaining to a site within an urban growth boundary that concerns approval or denial of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan. (13) "Local government" means any city, county or metropolitan service district formed under ORS chapter 268 or an association of local governments performing land use planning functions under ORS 195.025. (14) "Metro" means a metropolitan service district organized under ORS chapter 268. (15) "Metro planning goals and objectives" means the land use goals and objectives that a metropolitan service district may adopt under ORS 268.380 (1)(a). The goals and objectives do not constitute a comprehensive plan. (16) "Metro regional framework plan" means the regional framework plan required by the 1992 Metro Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan. (17) "New land use regulation" means a land use regulation other than an amendment to an acknowledged land use regulation adopted by a local government that already has a comprehensive plan and land regulations acknowledged under ORS 197.25l. (18) "Person" means any individual, partnership, corporation, association, governmental subdi vision or agency or public or private organization of any kind. The Land Conservation and Devel opment Commission or its designee is considered a person for purposes of appeal under ORS chapters 195 and 197. (19) "Special district" means any unit of local government, other than a city, county, metropol itan service district formed under ORS chapter 268 or an association of local governments per forming land use planning functions under ORS 195.025, authorized and regulated by statute and includes but is not limited to water control districts, domestic water associations and water coop eratives, irrigation districts, port districts, regional air quality control authorities, fire districts, school districts, hospital districts, mass transit districts and sanitary districts. (20) "Urban unincorporated community" means an area designated in a county's acknowledged comprehensive plan as an urban unincorporated community after December 5, 1994. (21) "Voluntary association of local governments" means a regional planning agency in this state officially designated by the Governor pursuant to the federal Office of Management and Budget Circular A-95 as a regional clearinghouse. (22) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. SECTION 8. ORS 215.246 is amended to read: 215.246. (1) The uses allowed under ORS 215.213 (l)(y) and 215.283 (l)(v): (a) Require a determination by the Department of Environmental Quality, in conjunction with the department's review of a license, permit or approval, that the application rates and site man agement practices for the land application of reclaimed water, agricultural or industrial process Enrolled Senate Bill 960 (SB 960-A) Page 18 water or biosolids ensure continued agricultural, horticultural or silvicultural production and do not reduce the productivity of the tract. (b) Are not subject to other provisions of ORS 215.213 or 215.283 or to the provisions of ORS 215.275 or 215.296. (2) The use of a tract of land on which the land application of reclaimed water, agricultural or industrial process water or biosolids has occurred under this section may not be changed to allow a different use unless: (a) The tract is included within an acknowledged urban growth boundary; (b) The tract is rezoned to a zone other than an exclusive farm use zone; (c) The different use of the tract is a farm use as defmed in ORS 215.203; or (d) The different use of the tract is a use allowed under: (A) ORS 215.213 (1)(b), (d) to (0, (i) to (n), (p) to (r), (u), (w) or (x); (B) ORS 215.213 (2)(a) to (c), CD, (m) or (p) to (r); (C) ORS 215.213 (11); [(C)] (D) ORS 215.283 (l)(b), (d), (e), (h) to (L), (n) to (p), (r), (t) or (u); [or] [(D)] (E) ORS 215.283 (2)(a), (j), (L) or (p) to (s)[.]; or (F) ORS 215.283 (4). (3) When a state agency or a local government makes a land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids under a license, permit or approval by the Department of Environmental Quality, the applicant shall explain in writing how alternatives identified in public comments on the land use decision were considered and, if the alternatives are not used, explain in writing the reasons for not using the alternatives. The applicant must consider only those alternatives that are identified with sufficient specificity to afford the applicant an adequate opportunity to consider the alternatives. A land use decision re lating to the land application of reclaimed water, agricultural or industrial process water or biosolids may not be reversed or remanded under this subsection unless the applicant failed to consider identified alternatives or to explain in writing the reasons for not using the alternatives. (4) The uses allowed under this section include: (a) The treatment of reclaimed water, agricultural or industrial process water or biosolids that occurs as a result of the land application; (b) The establishment and use of facilities, including buildings, equipment, aerated and nonaerated water impoundments, pumps and other irrigation equipment, that are accessory to and reasonably necessary for the land application to occur on the subject tract; (c) The establishment and use of facilities, including buildings and equipment, that are not on the tract on which the land application occurs for the transport of reclaimed water, agricultural or industrial process water or biosolids to the tract on which the land application occurs if the facili ties are located within: (A) A public right of way; or (B) Other land if the landowner provides written consent and the owner of the facility complies with ORS 215.275 (4); and (d) The transport by vehicle of reclaimed water or agricultural or industrial process water to a tract on which the water will be applied to land. (5) Uses not allowed under this section include: (a) The establishment and use of facilities, including buildings or equipment, for the treatment of reclaimed water, agricultural or industrial process water or biosolids other than those treatment facilities related to the treatment that occurs as a result of the land application; or (b) The establishment and use of utility facility service lines allowed under ORS 215.213 (l)(x) or 215.283 (1)(u). SECTION 9. ORS 215.296 is amended to read: 215.296. (1) A use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) may be approved only where the local governing body or its designee finds that the use will not: Enrolled Senate Bill 960 (SB OOo-A) Page 19 (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. (2) An applicant for a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) may demonstrate that the standards for approval set forth in subsection (1) of this section will be satis fied through the imposition of conditions. Any conditions so imposed shall be clear and objective. (3) A person engaged in farm or forest practices on lands devoted to farm or forest use may file a complaint with the local governing body or its designee alleging: (a) That a condition imposed pursuant to subsection (2) of this section has been violated; (b) That the violation has: (A) Forced a significant change in accepted farm or forest practices on surrounding lands de voted to farm or forest use; or (E) Significantly increased the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and (c) That the complainant is adversely affected by the violation. (4) Upon receipt of a complaint filed under this section or ORS 215.218, the local governing body or its designee shall: (a) Forward the complaint to the operator of the use; (b) Review the complaint in the manner set forth in ORS 215.402 to 215.438; and (c) Determine whether the allegations made in a complaint filed under this section or ORS 215.218 are true. (5) Upon a determination that the allegations made in a complaint are true, the local governing body or its designee at a minimum shall notify the violator that a violation has occurred, direct the violator to correct the conditions that led to the violation within a specified time period and warn the violator against the commission of further violations. (6) If the conditions that led to a violation are not corrected within the time period specified pursuant to subsection (5) of this section, or if there is a determination pursuant to subsection (4) of this section following the receipt of a second complaint that a further violation has occurred, the local governing body or its designee at a minimum shall assess a fine against the violator. (7) If the conditions that led to a violation are not corrected within 30 days after the imposition of a fine pursuant to subsection (6) of this section, or if there is a determination pursuant to sub section (4) of this section following the receipt of a third or subsequent complaint that a further violation has occurred, the local governing body or its designee shall at a minimum order the sus pension of the use until the violator corrects the conditions that led to the violation. (8) If a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) is initiated without prior approval pursuant to subsection (1) of this section, the local governing body or its designee at a minimum shall notify the user that prior approval is required, direct the user to apply for approval within 21 days and warn the user against the commission of further violations. If the user does not apply for approval within 21 days, the local governing body or its designee shall order the suspen sion of the use until the user applies for and receives approval. If there is a determination pursuant to subsection (4) of this section following the receipt of a complaint that a further violation occurred after approval was granted, the violation shall be deemed a second violation and the local governing body or its designee at a minimum shall assess a fine against the violator. (9)(a) The standards set forth in subsection (1) of this section do not apply to farm or forest uses conducted within: (A) Lots or parcels with a single-family residential dwelling approved under ORS 215.213 (3), 215.284 (1), (2), (3), (4) or (7) or 215.705; (B) An exception area approved under ORS 197.732; or (e) An acknowledged urban growth boundary. (b) A person residing in a single-family residential dwelling which was approved under ORS 215.213 (3), 215.284 (1), (2), (3), (4) or (7) or 215.705, which is within an exception area approved Enrolled Senate Bill 960 (SB 960-A) Page 20 under ORS 197.732 or which is within an acknowledged urban growth boundary may not file a complaint under subsection (3) of this section. (10) [Nothing in] This section [shall] does not prevent a local governing body approving a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) from establishing standards in addition to those set forth in subsection (1) of this section or from imposing conditions to [insure] ensure conformance with [suchl the additional standards. SECTION 10. This 2011 Act being necessary for the immediate preservation of the public peace. health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage. Passed by Senate June 2, 2011 Received by Governor: ........................ M., ......................................................... , 2011 Robert Taylor, Secretary of Senate Approved: ........................ M., ......................................................... , 2011 Peter Courtney. President of Senate Passed by House June 17,2011 John Kitzhaber, Governor Filed in Office of Secretary of State: Bruce Hanna, Speaker of House ........................ M ............................................................ 2011 Arnie Roblan. Speaker of House Kate Brown, Secretary of State Enrolled Senate Bill 960 (SB 960·A) Page 21 Nick Lelack From: Daniels, Katherine <katherine.daniels@state.or.us> Sent: Tuesday, March 13, 2012 2:25 PM To: Swirsky, Karen; Nick Lelack Cc: Jinings, Jon Subject: RE: Revisions to TA-11-3 -Event Venue TA Follow Up Flag: Follow up Flag Status: Flagged Hi Nick, What you've written is flne but need not be as restrictive as you propose, unless you prefer. If you want only to adhere to the requirements of SB 960 and HB 3280, you could make the changes in red below (or not) -up to you. At this late date, you may not want to. I like that you have home occupations on the list because it makes sense; SB 960 events are in conjunction with agriculture and HB 3280 events are in conjunction with a winery, whereas home occupation events should be in conjunction with a residence. I really like part A -the maximum limit when events are combined -again making good sense. Hope this helps. Katherine 18.16.043 Single Permit. A. The maximum number of agri-tourism and other commercial events or activities on a lot, parcel or tract may not exceed the total number of commercial events allowed by any individual land use approval, including a winery authorized under DCC 18 .16.038(B), and events, outdoor mass gatherings or extended outdoor mass gatherings authorized under DCC Chapter 8.16. B. The following pennits may not be combined: I. Agri-tourism and other commercial events or activities under DCC 18.16.042, 2. Conditionally-pennitted events at a winery under DCC 18.16.038(B), 3. Events, outdoor mass gatherings and extended outdoor mass gatherings authorized under DCC Chapter 8.16 if these are events or activities that are related to and supportive of agriculture, 4 . Home occupation for commercial events or activities. Katherine Daniels, AICP I Farm an d Forest Lands Specialist Planning Services Division Oregon Dept. of Land Conse rvation and Development 635 capitol Stre et NE, Suite 150 I Salem, OR 97301-254 0 Office: (503) 373-0050 ext. 329 I Fax: (503) 378-5518 katherine .daniels@state.or.u5 I www.oregon.gov/LCD From: Nick Lelack [mailto : Nick.Lelack@deschutes.org] Sent: Monday, March 12, 20123:58 PM To: Daniels, Katherine; Swirsky, Karen Cc: Jinings, Jon Subject: Revisions to TA-1l-3 -Event Venue TA Katherine. Karen : Please see the change we made to our text amendments related to your most recent comment to ensure event permits cannot be combined. In sum, we removed the proposed text from the HB 3280 and 5B 960 sections and created one new 1 section, titled, "Single Permit" and apply it to both sections. Please let me know if this addresses your concerns prior to or at our public hearing on Wed., March 14 at 10:00 a.m. Thanks! Nick Lelack, AICP, Planning Director Deschutes County Community Development Dept. PO Box 6005 117 NW Lafayette, Bend, OR 97701 Office: 541.385.1708 I Cell: 541.639.5585 I Fax: 541.385.1764 www.deschutes.org/ cdd 2 ......... Denotes portions ofthe code not amended by Ordinance 2012-004. Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.010. Purpose. 18.16.020. Uses Permitted Outright. 18.16.025. Uses Permitted Subjed to the Special Provisions Under DCC Sedion 18.16.038 and a Review Under DCC Chapter 18.124 For Items C Through M. 18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value Farmland. 18.16.031. Nonresidential Conditional Uses on Nonhigb Value Farmland Only. 18.16.033. Nonresidential Conditional Uses on High Value Farmland Only. 18.16.035. Destination Resorts. 18.16.037. Guest Ranch. 18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025. 18.16.040. Limitations on Conditional Uses. 18.16.042 Agri-Tourism and Other Commercial Events or Activities Limited Use Permit 18.16.050. Standards for Dwellings in the EFU Zones. 18.16.055. Land Divisions. 18.16.060. Dimensional Standards. 18.16.065. Subzones. 18.16.067. Farm Management Plans. 18.16.070. Yards. 18.16.080. Stream Setbacks. 18.16.090. Rimrock Setback. .....*" Denotes seetions of the Deschutes County Code not amended by Ordinance 2011-004. **** 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable. A. Dwellings customarily provided in conjunction with farm use (farm-related dwellings), subject to Dee 18.16.050. B. A relative farm assistance dwelling, subject to Dee 18.16.050. e. ehurches and cemeteries in conjunction with churches consistent with ORS 215.441, that are not within 3 miles of an acknowledged urban growth boundary, on non-high value farmland. D. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are within 3 miles of an acknowledged urban growth boundary, subject to the approval of an exception pursuant to ORS 197.732 and OAR chapter 660, division 004, on non-high value farmland. E. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the existing use. F. 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 and transmission towers over 200 feet in height. A utility facility necessary for public service may be established as provided in Dee 18.16.038(A). G. Winery, as described in ORS 215.452. H. Farm stands, subject to Dee 18.16.038. Chapter \8-16 (12011) Page I of 8 -EXHIBIT B to Ordinance 2012-004 1. A site for the takeoff and landing of model aircraft. including such buildings or facilities as may be reasonably necessary. J. A facility for the processing offium crops, or the production ofbiofuel as defined in ORS 315.141, that is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. a. The building established for the processing facility shall not exceed 10,000 square feet offloor area exclusive ofthe floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. b. A processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prolubits the siting of the processing facility. c. The County shall not approve any division of a lot or parcel that separates a processing facility from the farm operation on which it is located. K. Am-tourism and other commercial events and activities subject to DCC 18.16.042. (Ord. 2012-004, §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §I. 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2.2004) **** 18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025. A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that is necessary to be situated in an agricultural zone in order for service to be provided. To demonstrate that a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and that the facility must be sited in an exclusive farm use zone due to one or more ofthe following factors: I. Technical and engineering feasibility; 2. The proposed facility is locationally dependent A utility facility is locationally dependent if it must cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; 3. Lack ofavailable mban and non-resource lands; 4. Availability ofexisting rights ofway; 5. Public health and safety; and 6. Other requirements ofstate and federal agencies. 7. Costs associated with any of the factors listed in 1-6 above 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 that are not substantially similar. 8. 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. 9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as defined by OAR 660-011-OO6O(1)(f) in an exclusive farm use zone shall be subject to the provisions ofOAR 660-0] 1-0060. 10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission. II. The County 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. Chapter 18·16 2 (12011) Page 2 of8 -EXHIB1T B to Ordinance 2012-004 B. Wineries are subject to the following: 1. A winery, authorized under DCC 18.16.025 is a facility that produces wine with a maximum annual production of: a Less than 50,000 gallons and that: i. Owns an on-site vineyard of at least 15 acres; ii. Owns a contiguous vineyard ofat least 15 acres; iii. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or iv. Obtains grapes from any combination ofi. ii or iii ofthis subsection: or b. At least 50,000 gallons and Be meN thtm 1gO,goo gellellS the winery: i. Owns an on-site vineyard of at least 40 acres; ii. Owns a contiguous vineyard ofat least 40 acres; iii. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery; or iv. Obtains grapes from any combination of L, ii. or iii of this sub-section. 3. The 'lliaery shall allew eilly the sale ef: a Wines pAlEh:lees measjtIHetioo with the WlneF)'; aH9 b. Items diAlelly relates te wiRe, the sales ef wIlieh are ifleisefltal te retail sale ef '""iae efl site. SHeil items iBelooe these 5ef't'es by a limites serviee FtllHeHAlflt, as seMes is ORS 824.010. 4. Pri9f te i!lSl:l&flee efa peffIlit te establish a ,.¥inefy, the applieaBt shall shew that viaeyaffis, seseribed Hflsef either I 9f 2 ilbe';e, liM'e beeR pleates 9f that die eaatfaet has beea exeeJltee, as applieable. 5. Staneams iBlflesed ea tile sitiag efa 'lltflery shall lle limited selely te eaell ef the wllw....iflg fur the sale paFflese af lifllitiBg semenstFetes eootliats "lith aeeeptes farHliag 9f wrest pmetiees 6ft adjaeem laads: a. .&lablishBleat efa setbaek, flet te eJi8eeS 100 fuet, ~all preperty Iiaes fur the winery ans all pHIllie gatberiag plaees; and b. PffltAsioo af direet Alas aeeess, iHtemal eiA*llatiea ans parkiag shall lle sem9astrates thAlHgh site plaa Al>Aew Hflser DCC 18.124. e ApPAlval efa'i'liftery shall Bet baa basis fur 8ft eJieepe9a Haser DRS 197.732(1)(8) 6F (ll). 2. A winery may: a. Market and sell wine produced in conjunction with the winery, including the following activities: i. Wine tours; ii. Wine tastings in a tasting roorn or other location at the winery; iii. Wine clubs; and iv. Similar activities conducted for the primary pU!pOSe of promoting wine produced in conjunction with the winery: b. 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 seryed by a limited service restaurant, as defined in ORS 624.010; and c. Provide services. including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that: i. Are directly related to the sale or promotion of wine produced in conjunction with the winery; II. Are incidental to the retail sale of wine on-site: and iii. Are limited to 25 days or fewer in a calendar year. i·... 11le ffluxim!:lffl lnlmber of eOfflfflefCiiil e"'eAIS on It ltlL eareel 01' !faet I'fHl'i not elmeea tRe lPI:al H\:I!flb.er of e¥e.flts allowed by .81W iflsi'/i~.!!al laml \lse ~1J.ffi.'!il!, il~\l!!¥II!!g._.el!LftPt Ufflit~ Jo, $;!!?6 1lP.P..rmea.. und~ P('(' <;~gP.l~ I &JJ1,Q:I:!,,:\g!jJ~1mj!mJJ!!I~_ (1$,,[ Chapter 18·16 3 (12011) Page 3 of8 EXHIBIT B to Ordinance 2012-004 eemmlWiei ffleHts er Aeti'l'ities. Md DeC Cheeter 8,19, w.~nts, Pamee~. J"'tHem' PieeesslellS £ilia Outdoor Moos GatheRfigs. 3. Gross Income. a. The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b) of this section and services provided pursuant to subsection (2)(c) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in !.l2Qiunction with the winery. 12, The winery shall submit to the Deschutes County Couununity Development Dt!partment a written statement. prepared by a certified public accountant. that certifies compliance with this section for the previous tax year by April 15 of each year in which private events are held, 4. A winery QPerating under this section shall provide parking for all activities or uses on the lot. parcel or tract on which the winery is established. 5. Prior to the issuance of a permit to establish a winery under this section. the apJIlicant shall show that vineyards described in subsections (Bl(l) of this section have been planted or that the contract for the purchase ofgrapes has been executed, as IlPJ>licable. 6. The siting ora winery shall be subject to the following standards: a. Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places. b. Shall comply with DCC Chapter 18.80, Airport Safety Combining Zone, and DCC 18.116.180, Building Setbacks for the Protection of Solar Access. 7. A permit may be issued for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the permits were issued to wineries qperating under this section in similar circumstances before July 31, 2011. 8. As used in this section. ''private events" includes. but is not limited to, facility rentals and celebratory gatherings. 9. A winery is subiect to the following public health and safety standards: a. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand washing stations. 12. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m .. including set-up and take-down of temporary structures. c. All noise, including the use of a sound producing device such as, but not limited to, loud s,peakers and public address systems. musical instruments that are amplified or unamplified, shall: i. Not exceed seventy (70) dB.A at any time between 7:00 a,m. and 10:00 p.m. at the boundary ofthe property on which the winery is located. ii. Comply with DeC Chapter 8.08 Noise Control between the hours of 10:00 p.m. and 7:00 a.m. the following day. iii. Be measured in dBA. which means the sound level in decibels measured using the A weighted network as specific in American National Standard Specification for Sound Level Meters using a standard sound level meter in good condition. d. Transportation. i. Demonstrates that the parcel, lot or tract has direct access, such that the lot, parcel or tract on which commercial events or activities at the winery will occur: I. Fronts on a public road; or 2. Is accessed by an access easement or private road, and all underlying property owners and property owners taking access 12etween the subject property and the public road consent in writing to the use of the road for commercial events or activities at the time of iuitial application. ii. Adequate traffic control must be provided by the property owner to address the following: Chapter 18-16 4 (/2011) Page 4 of8 EXHIBIT B to Ordinance 2012-004 I. There shall be one traffic control person for each 250 Persons expected or reasonably expected to be in attendance at any time. 2. All traffic control personnel shall be certified by the State of Oregon and shall comply with the clUTent edition of the Manual of Uniform Traffic Control Devices. e. Structmes. j, All permanent and temporary structures and facilities are subiect to fire. health and life safety requirements. and shall COll1ply with all regpirements of the Deschutes County Building Safety Division and the Environmental Soils Division and any other applicable federal. state and loca1laws. ii. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the State of Oregon adQPted building code. f. Inspection of event premises authorization. The l!PPlicant shall provide in writing a consent to allow law enforcement. public health. and fire control officers to come !!pon the premises for which the Limited Use Pennit has been granted for the p!.!lposes of inspection and enforcement of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Fann Use Zone and Dec Chapter 8.08 Noise Control. and any other applicable laws or ordinances. 10. DCC Chapter 18.16.038<B1 Sections (2c),(3l, (8) and (9) sunset on January l. 2014. (Ord. 2012"()04 §2, 2012, Ord. 2010"()22 §2, 2010; Ord. 2009"()14 §l, 2009; Ord. 2oo8~001 §2, 2008; Ord. 2004-001 §2,2004) **** 18.16.042 Agri-Tourism and other Commercial Events or Activities Limited Use Permit A. Agri-tourism and other commercial events or activities related to and supportive of agriculture may be !!pproved in an area zoned for exclusive farm use only if the standards and criteria in this section are met. B. Application. The application shall include the following. \. The General Provisions information required in DCC 22.08.010. 2. A written description of: a. The proposal. b. The types of agO-tourism and other commercial events or activities that are proposed to be conducted. including the number and duration of the agri-tourism and other commercial events and activities. the anticipated maximum daily attendance and the hours ofoperation. c. The types and locations of all pennanent and temporary structures, access and egress. parking facilities. and sanitation and solid waste to be used in connection with the agO-tourism or other commercial events or activities. 3. A traffic management plan that: a. Identifies the projected number ofvehicles and any anticipated use of public roads; b. Provides an assurance that one traffic control person shall be provided for each 250 . '. persons expected or reasonably expected to be in attendance at any time during the agri tourism and other commercial event or activity. The traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual of Uni form Traffic Control Devices. c. Demonstrates that the parcel. lot or tract has direct access such that the lot. parcel or tract on which commercial events will occur: i. Fronts on a public road; or Chapter 18-16 5 (12011) Page 50f8 EXHIBIT B to Ordinance 2012-004 " ii. Is accessed by an access easement or private road. and all Wlderlying property owners and property owners taking access between the subject property and the public road consent in writing to the use ofthe road for agO-tourism and other commercial events or activities at the time ofinitial application. 4. Inspection of Event Premises Authorization. The glicant shall provide in writing a consent to allow law enforcement, public health. and fire control officers and code enforcement stafTto come ypon the premises for which the Limited Use Permit has been granted for the purposes of inspection and enforcement ofthe terms and conditions of the pennit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08 Noise Control. and any other applicable laws or ordinances. C. Approval Criteria. 1. Up to six (6) ami-tourism and other commercial events or activities in a calendar year on a tract may be ap,proved by a limited use permit that is oersonal to the amlicanl and is not transferred by. or transferred with. a conveyance ofthe tract, ifin compliance with: a. Minimum lot or parcel size: 10 acres. b. AgO-tourism events may not individually. exceed a duration of 72 consecutive hours, excluding set-up and take down of all temporary structures and facilities. The limitation on the hours ofoperations is included within the duration of 72 consecutive hours. c. Commercial events or activities may nol individually, exceed a duration of 30 consecutive hours. excluding set-up and take down of all temporary structures and facilities. The limitation on the hours ofoperations is included within the duration of 30 consecutive hours. d. Must be incidental and subordinate to existing farm use ofthe tract. e. Set-up and take down of all temporarY structures and facilities shal! occur up to one business day prior to the agO-tourism and other commercial events or activities and one business day after the am-tourism and other commercial events or activities hetween 7:00 a.m. and 10:00 J;1.J:!1 f. May not reguire that a new pennanent structure be built used or occupied in connection with the agO-tourism or other commercial events or activities. g. May not in combination with other ami-tourism or other commercial events or activities authorized in the area. materially alter the stability ofthe land use pattern in the area. h. Must comply with ORS 215.296. i. Limited Use Permits approved under this section expire two years from the date ofapproval. g. Limited Permits may be renewed for an additional two years subject to: i. An application for renewal: and it Demonstration of compliance with conditions that apply to the limited use permit and glicable provisions in this section, Dec Chcmter 18.16.042. 2. AgO-tourism or other commercial events or activities may be approved by a limited use permit that is personal to the applicant and is not transferred by, or transferred with. a conveyance of the tract. more frequently or for a longer period than allowed Wlder 18.l6.042<CXl) if the agri·tourism or other commercial events or activities is in compliance with: a. Criteria set forth in 18.l6.042(CXIXdXeXf)(g) and (h). b. Must be incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial fann uses or the commercial agOcultural enterorises in the area. c. Minimum lot or parcel size: 160 acres. d. Do not exceed 18 commercial events or activities in a calendar year. e. Commercial events or activities may not, individually, exceed a duration of 24 consecutive hours, excluding set-up and take down of all temporary structures and facilities. The limitation on the hours of operations is included within the duration of24 consecutive hours. f. No more than two commercial events or activities may occur in one month. Chapler 18-16 6 (/2011) Page 6 of8 -EXHIBIT B to Ordinance 2012-004 • g. Limited Use Pennils approved under this section expire four years from the date of mmroval. h. Limited Use Pennits may be renewed at four year intervals subject to: i. An application for renewal: ii. Public notice and public comment as part ofthe review process. iii. Demonstration of compliance with conditions that apply to the limited use pennit and applicable provisions in this section. DCC Ch!!pter 18.16.042. 3. The area in which the agri-tourism or other commercial events or activities are located shall be setback at least 100 feet from the pro.perty line, 4. Notification ofam-tourism and other commercial events or activities. a. The prpperty owner shall submit in writing the list of calendar days scheduled for all agri tourism and other commercial events or activities by April I of the subject calendar year or within 30 days of new or renewed limited use permits. ifafter April I. to Deschutes County's Community DevelQpment Department and Sheriff's Office. and all property owners within SOO feet ofthe subject property. b. The list ofcalendar dates for all am-tourism. commercial events and activities may be amended hY SUbmitting the amended list to the same entities at least 72 hours prior to any date change. c. If such notice is not provided. the property owner shall provide notice by Registered Mail to the same list above at least 10 days prior to each am-tourism and other commercial event or activity. d. The notification shall include a contact person or persons for each am-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. S. Sanitation facilities shall include. at a minimum, portable restroom facilities and stand-alone hand washing stations. 6. Hours of Qperation. No am-tourism and other commercial event or activity may begin before 7:00 am. or end after 10:00 p.m. 7. Overnight camping is not allowed. 8. All noise, including the use of a sound producing device such as. but not limited to. loud speakers and public address systems. musical instruments that are amplified or unamplified, shall: a. Not exceed seventy (70) dBA at any time between 7:00 a.m. and 10:00 p.m. at the boundary of the property on which the am-tourism or other commercial event or activity is located. b. Comply with DCC Chapter 8.08 Noise Control between the hours of 10:00 p.m. and 7:00 a.m. the following day. c. Be measured in dBA. which means the sound level in decibels measured using the A-weighted network as s.pecific in American NationaYStandard Specification for Sound Level Meters using a standard sound level meter in good condition. 9. 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 Dtmartment. c. The parcel. lot or tract has direct access as defined in DCC Chapter 18.16.042(3Xc}. d. Adequate traffic control must be provided by the property owner to address the following: i. There shall be one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time. ii. AI! traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual of Uniform Traffic Control Devices. Chapter 18·16 7 (12011) Page 7 of8 -EXHIBIT B to Ordinance 2012-004 10. Health and Safety Compliance a. All permanent and temporaty structures and facilities are subject to fire. health and life safety requirements. and shall comply with all reguirements of the Deschutes County Building Safety Division and the Environmental Soils Division and any other applicable federal. state and local laws. b. Compliance with the reguirements ofthe Deschutes County Building Safety Division shall include meeting all building occupancv classification requirements of the State of Oregon adopted building code. (0Td.2012~,§2,2012) 18,16,0433 Single Permit. A. The maximum number of agri-towism and other commercial events or activities on a lot, parcel or tract may not exceed the total number of commercial events allowed by any individual land use approval, including a winery authorized under DCC 18.16.038$), and events, outdoor mass gatherings or extended outdoor mass gatherings authorized under DCC Chapter 8.16 .•_ B. The following permits may not be combined: 1. aAgri-towism and other commercial events or activities under DCC 18.16.042, 2. wWinery under DCC 18.16.038(B). 3. eEvents. outdoor mass gatherings.-9f extended outdoor mass gatherings. parades or t\.meraJ processions authorized under DCC Chapter 8.16, 4. bHome occupation for commercial events or activities. (Ord. 2012-004. §2, 2012) **** Chapter 18-16 8 (12011) Page 8 of 8 EXHIBIT B to Ordinance 2012.QQ4 Definition: Taking Taking. In criminal law and torts, the act of laying hold upon an article, with or without removing the same. It implies a transfer of possession, dominion, or control. There is a "taking" of property when government action directly interferes with or substantially disturbs the owner's use and enjoyment of the property. Brothers v. U.S., C.A.Or., 594 F.2d 740, 741. To constitute a "taking, within constitutional limitation, it is not essential that there be physical seizure or appropriation, and any actual or material interference with private property rights constitutes a taking. Board of Com'rs of Lake County v. Mentor Lagoons Inc., Com.PI., 6 Ohio Misc. 126, 216 N.E.2d 643, 646; Aris Gloves, Inc. v. U.S., Ct.Cl., 420 F.2d 1386. For example, the noise of jet aircraft in process of landing or taking off can amount to a "taking" or "damaging" of property for which the constitution requires that compensation be made. Martin v. Port of Seattle, 64 Wash.2d 309, 391 P.2d 540, 543. Also, "taking" of property is affected if application of zoning law denies property owner of economically viable use of his land, which can consist of preventing best use of land or extinguishing fundamental attribute of ownership. Van-Build, Inc. v. City of Reno, D.C.Nev., 596 F.Supp. 673, 679. See also Condemnation; Constructive taking; Eminent domain; Take. Black's Law Dictionary Who owned the property first? Whose rights have been taken? Takine. In criminal law and torts. the ad of laying hold upon an article, with or without removing the same. )t implies a transfer of possession, dominion, or control. There is a "taking" of property when government action directly interferes with or substantially disturbs the owner's use and enjoyment of the property. Broth ers v. U.S., C.A.Or .• 594 F.2d 740. 741. To constitute a "taking, within constitutional limitation, it is not essen tial that there be physical seizure or appropriation, and any actual or material interference with private proper ty rights constitutes a taking. Board of Com'r$ of Lake County v. Mentor Lagoons Inc., Com.PI.. 6 Ohio Misc. 126, 216 N.E.2d 643, 646; Arjs Gloves, Inc. v. U.S., Ct.C1.. 420 F.2d. 1386. For example, the noise of jet aircraft in process of landing or taking off can amount to a "taking" or t'damaging" of property for which the constitution requires that compensation be made. Mar· tin v. Port of Seattle, 64 Wash.2d 309. 391 P.2d 540, 543. Also, "taking" of property is affected if application of zoning law denies property owner of ectlnomically viable use of his land, which can consist of preventing best use of land or extinguishing fundamental attribute of owner ship. Vari-Build. Inc. v. City of Reno, D.C.Nev., 596 F.Supp. 673, 679. See also Condemnation; Constructive taking; Eminent domain; Take. I l OREGON WINEGROWERS ASSOCIATION 1200 NW Naito Parkway Suite 400 Portland, Oregon 97209I t :~ 503.228.8336 www.oregonwlne.org March 13,2012 1 Mr. Nick Lelack Planning Director Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 Dear Mr. LeJack: I am writing again 0\1 behalf of the Ol"egon Winegrowers Association regarding the county's t"eview of proposed code amendments to HB 3280. The Oregon Winegmwers Association ("OW A") worked with state legislators and stakeholders to develop 2011 House Bill 3280 govel11ing land uses at permitted-use winelies in Exclusive Farm Use ("EFU") zones. We al'e pleased that Deschutes County is taking steps to implement this new law. We are offering perspective on four specific aspects of the law that may come up tomorrow. 1) All patties who came to agreement on the legislation Wallted to avoid unnecessary parking problems on public roads. The l"esult was language that enabled wineries to aHow sensible solutions such as off-site parking, if needed, and shuttle services to wineries. The language proposed by the county however would seem to require wineries to build new parking lots on-site. We request that the langnage be amended to reflect the original intent and offer flexibility when reducing the impact of parking on public roads. 2) A proposed amendment requiring a neighbor's permission fO!" an event (when it involves a common access road) is clearly at odds with the approved language in lIB 3280. We request that this unworkable permission provision be removed. 3) We request clarification that the county will still allow wineries to acquire conditional use permits ("commercial activity in conjunction with farm nse") as a means of comprehensively permitting their activities. 4) The county has also proposed l"egulations for event hours, noise and traffic contro\. While reasonable, such rules have the effect of isolating wineries and treating winery events differently from other permitted lIses. In our previous lettel' (January 4, 2012), we pointed out that lIB 3280 only allows counties to apply general health and safety rules to wineries, not create special rules. We request that the commission not isolate and target wineries in this manner. We also offer the following comments to provide context regarding Ol.lr industry, the history of Ot'egon winery land use law and the intent behind HB 3280. The Oregon wine industry generates substantial economic activity throughout our state, creating good jobs while preserving valuable fatmland. A 2011 economic study commissioned by the Oregon Wine Board calculated that the wine industry generates $2.7 billion annually in Oregon. This figure is nearly double what our industry contributed to the state economy only five years ago. In 2010, wine related-jobs in Oregon totaled at least 13,518. Vineyards and wineries have also played a significant role in the history of Oregon's land use laws. In 1989, the Oregon Supreme COUlt held in Craven v. Jackson County that a winery and its associated retail activities qualifY as a conditional use "commel'cial activity in conjunction with fatm use" on EFU land. HB 3280 amended the ORS 215.452 rules governing permitted-use wineries, but still allows counties to also approve wineries as conditional uses in EFU zones. Today, we are concerned that Deschutes County's proposed rules implementing HB 3280 improperly seek to impose conditional use-type requirements on wineries that qualify as permitted uses in the EFU zone, thus applying something more than applicable state mles. Specifically, the County's proposed access, traffic, event hours and sound amplification mles for wineries appear to exceed the County's authority under ORS 215.452. Although lID 3280 allows counties to apply general health and safety laws to permitted-use wineries, this provision does not give the County authority to create winery-specific land use restrictions. In addition, as a matter of public policy, it is unjust to treat wineries differently than other types of uses with similar potential for land use impacts. Health and safety laws should apply uniformly to all similarly situated permitted-use businesses in farm zones. OWA believes that reasonable land use regulation helps our industry to flourish and creates a positive impact on the lal'ger colhmunity. We SUppOlt the County's efforts to plan for the growth of vineyards and wineries in Central Oregon. OWA asks the County to reconsider pl'Oposed winery rules that exceed the County's authority under state law and unnecessarily burden wineries that qualifY as permitted uses in the EFU zone. We encourage the County to instead utilize the conditional use process to evaluate and regulate winery proposals that fan outside of the boundaries of the state permitted use winery rules. Sincerely, Tom Danowski Executive Director Oregon Wine Board & Oregon Winegrowers Association -:~~. O.I~~GON fZj {J)/11UY/i}'oIIJfmJT dASSOCIATION I ANDREW H. STAMP, P.C. ATTORNEY AT LAw Kruse-Mercantile Professional Offices, Suite 16 4248 Galewood St. Lake Oswego, OR 97035 T ele: 503.675.4318 Admitted in Oregon. Fax: 503.675.4319 andrewstamp@comcast.net 14 MARCH 2012 VIA U.S. MAIL I J Deschutes County Attn: Board of Commissioners 1300 NW Wall Street, Suite 200 I Bend, OR 97701 Re: Ord 2012-004 J Dear Honorable Members of the Board: I am a land use attorney. I previously represented Mrs. Cindy Grossmann and Faith Hope & Charity winery in a successful effort to obtain permit for the first "ORS 215.452 Winery" In Deschutes County. My comments set forth herein are entirely my own, however, and I represent no one in this legislative process. I have reviewed the draft ofOrd. 2012-004 with interest. Most of the language proposed for adoption follows state law, as set forth in HB 3280, and should not be controversial. However, I noticed three areas in particular that warrant comment and further reflection by the Board of Commissioners. 1. Dee 18.16.038(7) is Unnecessary. The language proposed at DCC 18.16.038(7) reads as follows: "a permit may be issued for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals, or celebratory events if the permits were issued to wineries operating under this section in similar circumstances before July 31, 2011." For the reasons set forth in more detail below, there were no event permits issued to "wineries operating under this section in similar circumstances before July 31, 2011" in Deschutes County, and therefore, the language has no applicability in Deschutes County. DCC 18.16.038(7) is, therefore, unnecessary. Ltr to: Board of Commissioners 14 March 2012 Page 2 This language set forth DCC 18.16.038(7) originates in state law. See ORS 215.452(8). ORS 215.452(8) applies to large-scale events that are not counted under ORS 215.452(2)(c)&(3). ORS 215.452(2)(c) & (3) allows a winery to have 25 annual events as of right, subject to the following four conditions: • The events must be hosted by the winery or patrons of the winery, • The events must be directly related to the sale or promotion of wines produced in conjunction with the winery, • Incidental to the retail sale of wine on-site, and • Limited to 25 days per calendar year. Events that are too big to meet these four limiting criteria are only allowed under ORS 215.452(8), and are only allowed after the applicant has obtained a separate permit beyond the basic ORS 215.452 winery permit. In this regard, note that ORS 215.452(8) is written in such a way that it assumes that the winery seeking a special event permit already is "operating" under ORS 215.452: A local government may issue a permit for a winery operating under this section to host outdoor concerts * * *. Thus, ORS 215.452(8) has no direct applicability to an application for a winery under ORS 215.452(1)-(7). ORS 215.452(8) only comes into play after a winery has been approved and is seeking additional permits for special events not covered under ORS 215.452(2)(c). In this regard, it is important to reiterate that the events permitted under ORS 215.452(8) are not subject to the restrictions set forth in ORS 215.452(2)( c) & (3). Rather, these types of events can be more large-scale in nature, and do not have to be "directly related to the sale or promotion of wine produced in conjunction with the winery." I ORS 215.452(2)(c) and (3) provide: (c) Provide services, including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that: (A) Are directly related to the sale or promotion of wine produced in conjunction with the winery; (8) Are incidental to the retail sale of wine on-site; and (e) Are limited to 25 days or fewer in a calendar year. (3) The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b) of this section and services provided pursuant to subsection (2)(c) 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. / Ltr to: Board of Commissioners 14 March 2012 Page 3 Since no winery ever obtained one of these "permits" for large scale events in Deschutes County, DCC 18.16.038(7) is unnecessary and simply adds confusion to an already confusing topic. 2. The Noise Limit Set Forth in Dee 18.16.038(7) Is Too Strict Because It Does Not Include a Reasonable Averaging Time. Under the proposed ordinance, events would not be allowed to generate more than 70 dB(A) at any time between 7 am and 10pm. However, the ordinance does not explain what averaging time is to be used to measure DbA. Typically noise limits are stated in terms of a given sound pressure level which is equaled or exceeded a stated percentage of the time. (OAR 340-035-0015(59). For instance, L[l] is the noise level that can be equaled or exceeded only 1 % of the time, or for 36 second in any hour. L[lo] is the noise level that can be equaled or exceeded only 10% of the time, or for 6 minutes in any hour. L[so] is the noise level that can be equaled or exceeded only 50% of the time, or for 30 minutes in any hour. L[max]2 is the limit applied to instantaneous sounds that lasts only for an short instant (such as a gun-shot, explosion, etc). LUBA has previously found that when a land use ordinance does not specify what averaging time is to be used, it is error for a decision-maker to select anything other than L[max] as the standard. Watts v. Clackamas County, 51 Or. LUBA 166 (2006). As a practical matter, the result of LUBA's ruling is that any numeric threshold such as 60dB(A) refers to the decibel limit that can be created by any instantaneous sound. This is unnecessarily strict and could have unintended consequences. For example, if -during an otherwise quiet / compliant wedding event -the event owner's dog were to wander within 100 feet or so of the property line and bark once, that sound would more than likely exceed the proposed code standard of 70 dB(A). This is due to the fact that a typical dog bark is roughly 80 dBA. Thus, the sole dog bark could trigger a code violation, if sound is measured as a function of L[max]. I believe that any evaluation of noise levels from business / event activities on the site should be based, at the very least, on L[lo] averaging times. This discounts the spikes of peak noise produced periodically or for very short periods (such as occasional clapping or cheering sounds), but it does not allow excessive noise levels to predominate any hour (music being the most obvious example). The County may want to follow the DEQ model and include a different numeric standard for multiple L[x] times. 2 The maximum sound level (Lmax) metric represents the highest instantaneous noise level heard at a receiver site during a single noise event. Ltr to: Board of Commissioners 14 March 2012 Page 4 3. Dee 18.16.038(9)(d)(i)(2) Is Ill-Advised because It Is Vague and Appears to Give a DeFacto Veto Power to Neighbors in Cases Where Access is Achieved from an Easement or Private Road. As currently proposed, ordinance 2012-004 reads as follows: 9. A winery is subject to the following public health and safety standards: ***** d. Transportation. i. Demonstrates that the parcel, lot, or tract has direct access, such that the lot parcel or tract on which commercial events or activities at the winery will occur: 1. Fronts on a public road, or 2. Is accessed by an easement or private road, and all of the 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 commercial events or activities at the time of initial application. I believe that requiring "consents" is generally bad use policy, because it creates de-facto veto authority. It is far preferable to create objective standards, or at the very least, subjective standards focused on assessing impact and compatibility -that are evaluated and decided by county decision-makers As an initial matter, I fail to see the purpose or public policy underlying this provision. Apparently, it expresses the sentiment that persons owning the servient estate of an easement as well as those folks taking access from that easement or any private road -should all have a say in whether a proposed winery should use that same access for "commercial events or activities." The term "commercial activity" is not defined, but appears on its face to be very broad. It strikes me as odd that the county would want to create a special veto-power for neighbors whose access roads are being used for "commercial activity" associated with a winery, but then not include that same type of policy limitation for any other type of commercial activity allowed in an EFU zone, such as farming. DRS 215.452 (1989) granted County's authority to create approval standards governing this "direct access" issue. The statute was originally written as follows: (5) A local government shall adopt findings for each of the standards described in paragraphs (a) and (b) of this subsection. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands: Ltr to: Board of Commissioners 14 March 2012 Page 5 (a) Establishment of a setback, not to exceed 100 feet, from all property lines for the winery and all public gathering places; and (b) Provision of direct road access, internal circulation and parking. The goal at the time was to make sure that wineries did not create impacts for other farmers. The only legislative history from 1989 that addresses this states as follows. See Minutes of the Senate Committee on Agriculture and Natural Resources Work Session, May 25, 1989, tape counter 002: Sen. Jim Bunn: $0, those findings then, if the out-of-state attorney doesn't want a winery next door, he is limited to challenges based on those specific findings? Nelson (Oregon Wine Growers): Yes. Sen. Jim Bunn: What do we mean by direct road access? Nelson: It means that any standard imposed would have to relate to direct access. Unfortunately, the legislature was not very clear about what it meant by "direct access." Over the years, these provisions have been shuffled around in the winery statute, and their meaning is now even less clear. Nonetheless, I believe that the focus of the policy should remain on ensuring that conflicts between wineries and other agricultural enterprises are minimized. The proposed Ordinance goes well beyond that limited purpose by creating unqualified NIMBY veto authority. That is simply bad land use policy. Furthermore, easements by their very nature are a creature of contract, and I believe it ill advised to change the bargained-for agreement by adopting this provision into law. For example, in Cindy Grossmann's case, the predecessor in interest to Mr. and Mrs. Grossmann (the "Yeagers") essentially agreed, in the 1970s, to help out their neighbor out by consenting to a request by the neighbor to vacate a County road serving both properties. In exchange, the neighbor gave the Yeagers a 60-foot access easement. Fast forward 40 years and the neighbor opposed the Grossmann's winery application on the grounds that it violated the terms of the easement. Nice way to return the favor! Of course, the easement gave up the equivalent of a 60-foot County road, and, given the circumstances, it is obvious why it was not limited in the manner that the neighbor suggested. The fact that the parties had contemplated 60 feet of right of-way, as opposed to some lesser number (10-20 feet, for example), provided a strong indication that the parties were anticipating something far beyond a mere driveway for one or two residences. There would be no need to have reserved a full 60 feet of ROW if the original intent was merely to allow a private driveway. For these reasons, the proposed language in (9)(d) should be deleted, or at the very least, limited to situations where the neighbors are using the road for commericial agricultural pursuits. Ltr to: Board of Commissioners 14 March 2012 Page 6 In this later situation, the standard should not be written as requiring "consent," but rather should be focused on ensuring compatibility. Conclusion. It is my sincere hope that staff, counsel, and the Board will find these comments helpful and informative, and will give them consideration in their deliberations on this matter. Sincerely, ANDREWH. STAMP,P.C. Andrew H. Stamp AHS:ahs cc: Nick Lelack Cindy Grossmann Oregon Wine Growers Stuart A. Monson 9:53 AM (4 hours ago) Cindy I trust that you're doing well in 2012. Sorry for the long interlude but we've been awaiting the client's decision concerning our proposal for an Oasis facility in Central Oregon and wanted to bring some closure to our discussions. Over the last year and a half, we've performed our due diligence and feasibility and presented a host of positive data supporting facility location, costs, access to transportation and hub proximity requirements. In my estimation, everything that we offered met or exceeded those expectations and they've made a determination regarding our Central Oregon proposal last week. Considering the resources that we've invested, I was unprepared but not entirely surprised at the direction that they've ultimately decided. Despite the strong business case that we've made, they've rejected the western region (Washington, Oregon, Utah, Nevada, Arizona and California) altogether due to persistent unemployment and the effect of that on their revenue forecasts. The essential issue is the weak economy and the Obama administration, Governor Kitzhaber and state legislature's inability to focus on economic growth and job creation, in addition to unsupportive factors such as Oregon State land use law, property, corporate income and business taxes. In brief, Oasis is unwilling to risk a +$25 million investment in Central Oregon, no matter how beautiful, pristine, culturally compatible, etc. If I understand correctly, their position is that of timing, in relation to revenue potential of this market. Despite my argument that the timing couldn't be better from a cost standpoint, they (especially their attorney) remain unconvinced and for the reasons previously described, it seems very unlikely that they would circle back to a Central Oregon location. Oasis choose rather to modify their business plan and shift their focus to a larger regional population center with revenue potential that supports the level of investment that they require. They're speaking with a Dallas Texas group about a potential southeast location where construction and operating costs are lower, cheaper land and zoning is easier. They're also expecting income and property tax abatement (as an inducement to locate there), along with a choice of transportation hubs and greater market revenue potential. It's hard to argue with this position and makes a strong case against Central Oregon because nobody including the governor, state legislature, EDCO or the counties will step up to the plate. I've talked to them all and I find the lack of support stunning: Doesn't Oregon desperately need a project like this? While Oasis assures us that these developments have nothing to do with our performance, it isn't much consolation, as this was on our dime (figurative speech: several thousands of unrecoverable dollars). While it's hard to dispute this decision, we're disappointed that we have no opportunity going forward as our investors are unwilling to participate in a real estate development project on the other side of the country. Thank you for your positive energy and contribution to this effort. In my opinion, Central Oregon, and the Boulder lake property, is a home run on many levels. If it's any consolation, I'll keep you in mind for any future projects we may have there. Best regards, Stuart A. MonsonPresident -CEOVoice: 425.239.4866Pacific Gateway Development IIcBeaverton -Bend Port Orchard http:Upacificgatewaydevelopment.com Stuart A. Monson 9:53 AM (4 hours ago) Cindy I trust that you're doing well in 2012. Sorry for the long interlude but we've been awaiting the client's decision concerning our proposal for an Oasis facility in Central Oregon and wanted to bring some closure to our discussions. Over the last year and a half, we've performed our due diligence and feasibility and presented a host of positive data supporting facility location, costs, access to transportation and hub proximity requirements. In my estimation, everything that we offered met or exceeded those expectations and they've made a determination regarding our Central Oregon proposal last week. Considering the resources that we've invested, I was unprepared but not entirely surprised at the direction that they've ultimately decided. Despite the strong business case that we've made, they've rejected the western region (Washington, Oregon, Utah, Nevada, Arizona and California) altogether due to persistent unemployment and the effect of that on their revenue forecasts. The essential issue is the weak economy and the Obama administration, Governor Kitzhaber and state legislature's inability to focus on economic growth and job creation, in addition to unsupportive factors such as Oregon State land use law, property, corporate income and business taxes. In brief, Oasis is unwilling to risk a +$25 million investment in Central Oregon, no matter how beautiful, pristine, culturally compatible, etc. If I understand correctly, their position is that of timing, in relation to revenue potential of this market. Despite my argument that the timing couldn't be better from a cost standpoint, they (especially their attorney) remain unconvinced and for the reasons previously described, it seems very unlikely that they would circle back to a Central Oregon location. Oasis choose rather to modify their business plan and shift their focus to a larger regional population center with revenue potential that supports the level of investment that they require. They're speaking with a Dallas Texas group about a potential southeast location where construction and operating costs are lower, cheaper land and zoning is easier. They're also expecting income and property tax abatement (as an inducement to locate there), along with a choice of transportation hubs and greater market revenue potential. It's hard to argue with this position and makes a strong case against Central Oregon because nobody including the governor, state legislature, EDCO or the counties will step up to the plate. I've talked to them all and I find the lack of support stunning: Doesn't Oregon desperately need a project like this? While Oasis assures us that these developments have nothing to do with our performance, it isn't much consolation, as this was on our dime (figurative speech: several thousands of unrecoverable dollars). While it's hard to dispute this decision, we're disappointed that we have no opportunity going forward as our investors are unwilling to participate in a real estate development project on the other side of the country. Thank you for your positive energy and contribution to this effort. In my opinion, Central Oregon, and the Boulder Lake property, is a home run on many levels. If it's any consolation, I'll keep you in mind for any future projects we may have there. Best regards, Stuart A. I MonsonPresident -CEOVoice: 425.239.4866Pacific Gateway Development IIcBeaverton -Bend -Port Orchard http:Upacificgatewaydevelopment.com t I I I f Ted Kuloogreki., Gowmor Department of Fish and Wildlife High Desert Region 61374 PaITell Road Bend , OR 97702 (541) 388-6363 FAX (541) 388-62 81 C August 25, 20 ~(j) c:; Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, Oregon 97701-1925 Attn: Anthony Raguine RE : TA083 It has recently come to our attention that a residence that is located within a WA zone is conducting events similar to those that are being requested in application TA083 . In our previous correspondence we were under the impression that this application would not include any properties located within or adjacent to any WA zoned land . The particular area in question is located off of the Powell Butte Highway on Someday Way. This area is located within an Antelope protection area. According to the individual who informed us of this situation, he was told by County Code Enforcement that no action would be taken until the County made a ruling on TA083. We oppose any action by the County that would allow any of these type of events proposed in TA083 to occur within or adjacent to WA zoned lands. Furthermore, if WA lands are not being 'proposed to be included within this application, we would support any enforcement action to occur now rather than waiting until TA083 was acted on. If we can be of any further assistance please feel free to contact me. Sincerely, Steven George Deschutes District Wildlife Biologist steve n . w .george@state.or.us Department of Fish and WiJdlife High Desert Region 61374 PmTe11 Road Bend , OR 97702 (541) 388-6363 FAX (541) 388-6281 Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, Oregon 97701-1925 Attn: Kristen Maze RE: TA089 Thank you for the opportunity to comment on this application. The application, as we understand it, would allow event venues as a conditional use within the EFU zone. This is an application which appears to be very similar to the TA083 which requested the allowance of these types of events in the MUA zone. We are extremely concerned about the impacts that these types of events would have on sensitive wildlife habitat. These events dramatically increase traffic, noise, and just general human impacts that are similar to impacts associated with urban activities. We oppose any action by the County that would allow any of these type of events proposed in this application to occur within or adjacent to WA zoned lands . If we can be of any further assistance please feel free to contact me . Sincerely, Steven George Deschutes District Wildlife Biologist steven. w .george@state.or.us Re: TA-11-3 Event Venues 3-12-2012 Dear County Commissioners This text amendment under consideration is more liberal than the past ones and is very flawed. Please slow down and really consider the impacts before approving such a liberal text amendment. It is already too late for this "season" since events are normally booked more than 6 months ahead so it's not an emergency. The planning commission felt that the vendors would police themselves. That is like asking the fox to guard the chicken coop. They have shown in the past that they do not follow regulations and have little regard to neighbors and safety and health issues. They have no concerns about taking agriculture land out of production to park cars on. They have no concerns about parking on septic leach lines or using restrooms that are not approved for the high flow volume of events to name a few. If you approve this text amendment then the county must make sure that funding is there to enforce and monitor that the regulations are followed. Event venue permit holders should be required to pay for the privilege of holding events by paying a fee to finance county code enforcement officers to monitor events when they take place. This is to assure neighbors are not the ones that have to do the policing. The text amendment needs to have a section requiring that code enforcement officers as well as Sheriff's deputies and fire personnel can come on the property before, during and after an event to ensure health, safety, noise pollution and other issues are in accordance with regulations. Please SLOW down and think seriously about the damages this text amendment as written will cause. The acreage is MUCH to small for events unless they were small dinner parties, the number of attendees is much to large for a rural setting unless on extremely large parcels of land. The noise level is much to high for rural settings or even an urban setting for that matter. AND to me the biggest concern is actual enforcement of any regulations you put in effect. Neighbors should NOT be required to do the policing just to maintain a livable life on their own property ... WE HAVE RIGHTS TOO!!! We have rights to not have our property values decreased, the right to enjoyment of our properties free from noise pollution of a commercial event, the right to views not obstructed or cluttered with sun glinting off vehicles, circus like tents and mobs of people to name just a few. County residence have a right to safe roads and our beautiful views not marred by parking lots and circus tents throughout. Thank you for your considerations. 1J~K~ Harry Ketrenos Deschutes County Land Owner Outdoor Events in Deschutes County My wife Susan and I moved to Bend in 1987 where we purchased a house and a couple of acres east of town in a subdivision called Misty Meadows. We were grateful to find a place like this as it gave us quiet sanctuary from our people-intensive jobs. Our subdivision has been fully developed (11 two-plus acre lots) for a long time, so the peace and quite afforded by our home and property has remained fairly consistent over the years. However, in recent years there has been a noticeable introduction of new sources of noise and traffic to the surrounding area: 1. The Christian Life Outdoor Events Venue. This facility is situated northwest of our home, which places us behind the stage about 0.7 miles (3700 feet). On days that events are held, we are ttreated" to an annoying level of garbled sound. It is as if someone tuned into a weak radio station, and then amplified it way up. 2. A bed and breakfast inn, situated about 450 feet from our northeast property line has had large parties or mass gatherings on occasion. These events are clearly heard. In addition to the noise, increased traffic to these venues creates additional hazards on the Highway 20 corridor east of Bend. Accidents along this corridor have always been a problem. In fact, because of the accident rate, the State held hearings a few years ago to consider closing off our road (Torkelson/Erickson -0.5 miles east of Christian Life). As of now, the intersection is still open (it would have removed our only fire egress route to the north). The accidents continue, and we make every effort to not use this stretch of Highway 20 in its current design. John Blanchard Susan Blanchard 22010 Stormy Lane Bend, OR 97701 CENTRAL OREGON LANOWATCH 623 NW HILL ST. #1 BEND. OR 97701 PHONE: (541) 647-1567 WWW CENTRALOREGONLANpWATCH.ORG Protecting Central Oregon's natural environment and working for sustainable communities. March 13,2012 Deschutes County Board of Commissioners clo Nick Lelack Deschutes County Community Development 117 NW Lafayette Bend, OR 97701 Re: Farm Events; TA 11-3 Subject No.3: Number and Duration of Events Dear Commissioners: On behalf of Central Oregon LandWatch I am writing to provide comments on your proposed event venue legislation. This is the third in a series of letters I am planning to write on separate subjects for this matter. In this letter I wish to address provisions regarding the number and duration of events. We frankly do not know what the County is contemplating with regard to these events. Most of the discussion about events on farm land have concerned weddings and similar events. If what is being contemplated (or allowed) are rock concerts, then we question whether such events would qualify under any definition of agri-tourism or other commercial events or activities related to existing farm use. DCC 18.16.042(C)(l)(b) refers to agri-tourism events that may not exceed a duration of 72 consecutive hours, excluding setup and takedown of temporary facilities. Subsection (c) refers,to commercial events or activities not exceeding a duration of 30 consecutive hours, again excluding setup and takedown of facilities. We would appreciate it if the Commissioners would discuss exactly what kind of agri-tourism events or commercial events or activities which would have such a long duration. Even more extreme is the provision ofDCC 18.16.042(C)(2) which allows up to 18 such events which may last 24 consecutive hours excluding setup and takedown of facilities. LandWatch urges the County to go slow with these changes to our Code. Initially, only events which can be completed within a few hours of a single day should be allowed. As evidenced by the impacts of the Christian Life Center concerts, even just a few events in a year with a duration of only three hours can have a substantial effect. 2 LandWatch thus proposes not allowing the 18 commercial events or activities in a calendar year but keeping the total of all agri-tourism and commercial events or activities at a level of six. In addition, the duration of these events should not exceed eight hours in a single day. Thank you for your consideration. Very truly yours, PAUL DEWEY PD:ao cc: Board Central Oregon LandWatch ... 623 NW HID Sl .1 Bend, OR 97701 Phone (541) 647·1567 Fax (541) 647·1568 CENTRAL OREGON LANOWATCH 623 NW HILL ST. #1 BEND. OR 97701 PHONE: (541) 647·1567 WWW CENTRALQREGONLANpWATCH.ORG Protecting Central Oregon's natural environment and working for sustainable communities. March 9,2012 Deschutes County Board of Commissioners c/o Nick Lelack Deschutes County Community Development 117 NW Lafayette Bend, OR 97701 Re: Farm Events; TA 11-3 Subject No.1: Access from a Public Road I am writing on behalf of Central Oregon LandWatch to provide comments on your proposed event venue legislation. This is one in a series of letters I am planning to write on discrete subjects for this matter. In this letter I wish to address the issue of access from or frontage on a public road as provided in proposed DCC 18.16.3038(B)(9)(d)(i) and 18. 16.042(B)(3)(c). The language of the latter provision (which is virtually identical to the former) is: "c. Demonstrates that the parcel, lot or tract has direct access such that the lot, parcel or tract on which commercial events will occur: i. Fronts on a public road; or ii. Is accessed by an access easement or private road, and 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." The purpose of this provision is obviously to require that the access to be used for an event be from 1) a public road, or 2) an access easement (with consent), but your language on the first option which is public road access does not work. Just because part of a lot, parcel or tract "fronts on a public road" does not mean that there is an access driveway from a public road that connects to where an event would be held. All that subsection (i) requires is that there be lot frontage with a public road. The Code requirement would be satisfied by a remote section of the lot or parcel touching a public road, even if the only true access route is elsewhere. Also, even if the true access is "an access easement or private road" that you would think subsection (ii) controls, an applicant could avoid getting consent for that route because he would be complying with the subsection (i) public road access instead. 2 Though this may seem like an over-technical point, I assure you that it is not. In fact, a Deschutes County Hearings Officer recently ruled that a similar provision in your partition code that requires "access from a public road" only means that a lot or parcel somewhere touches a public road, even though there is no true access at that point where one could turn off the public road onto a driveway on the parcel to drive to where a house would be. In that case, the only true access was going to be a much more remote private road, defeating the original purpose for requiring access from a public road. To accomplish what I believe to be your true intent, I propose the following language: "Demonstrates that the parcel, lot or tract has direct access such that the site where the agri-tourism and other commercial events or activities will occur on the lot, parcel or tract: i. Is accessed from a public road by a driveway that connects to the site; or .... " Note that I also changed "commercial events" to "agri-tourism and other commercial events or activities" since I assume you want the provision to apply to everything. Thank you for your consideration on this matter. Very truly yours, PAUL DEWEY PD:ao cc: Board Central Oregon LandWatch- 623 NW Hill Sl #1 Bend, OR 97701 Phone (541) 647-1567 Fax (541) 647-1568 CENTRAL OREGON LANDWATCH 623 NW HILL ST. #1 BEND. OR 97701 PfiONE: (541) 647-1567 ~CENTRALO R EGQNLAN DWATCfi QRG Protecting Central Oregon's natural environment and working for sustainable communities. March 12, 2012 Deschutes County Board of Commissioners c/o Nick Lelack Deschutes County Community Development 117 NW Lafayette Bend, OR 97701 Re: Farm Events; TA 11-3 Subject No.2: Noise Limits Dear Commissioners: I am writing on behalf of Central Oregon LandWatch to provide comments on your proposed event venue legislation. This is the second in a series of letters I am planning to write prior to your hearing on March 14. LandWatch believes that the proposed "noise" provisions in DCC 1 8. 16.038(B)(9)( c )(i) and 18.16.042(C)(8) fail to adequately protect adjoining and surrounding properties from impacts of the possible events. The language of the latter provision (which is virtually identical to the former) is: "All noise, including the use of a sound producing device such as, but not limited to, loud speakers and public ad~ress systems, musical instruments that are amplified or unamplified, shall: a. Not exceed seventy (70) dB,A at any time between 7 a.m. and 10 p.m. at the boundary of the property on which the agri-tourism or other commercial event or activity is located. b. Comply with DCC Chapter 8.08 Noise Control between the hours of 10 p.m. and 7 a.m., the following day. c. Be measured in dB,A, which means the sound level and decibels measured using the A-weighted network as specified in American National Standard Specification for Sound Level Meters using a standard sound level meter in good condition." There are several problems with these terms. But before addressing them, I think it would be helpful to give you an example of another similar arrangement which has not worked well. I represented a client who opposed a Christian Life Center Church amphitheater just to the east of the Bend urban growth boundary which proposed to have several concerts each year. We successfully negotiated a settlement agreement with the church which provided that the dBA at the boundary of the subject property could not exceed 73 (for 36 seconds out of an hour) or 70 (for 6 minutes out of an hour). The settlement agreement also provided that concert events would not exceed three hours in duration 2 and that there would be no more than four concert events per calendar year. What has not worked in this arrangement is the impact of those noise levels since it turns out that they can be heard for up to one mile away from the boundary of the property. Were it not for the fact that events are limited to three hours in duration and only four events per year, the impact of the noise would be completely unacceptable. In comparison, the proposed code language allowing duration of24 to 30 hours and 6 to 18 events per year, with a beginning time of 7 a.m. and closing at 10, results in an excessive impact on surrounding lands. It is also not clear to us exactly what kinds of events are contemplated that would require such intense noise levels of such frequency and duration. For example, wedding events should never be that long and would not nonnally begin at 7 in the morning. Furthennore, the decibel level of70 is what rock concerts produce. Christian Life Center built its amphitheater specifically for rock concerts and identified the 70 decibel level as what the amplification would be at the nearest property line (approximately 400 feet from the amphitheater). LandWatch would be in favor or a more cautious approach that would reward property owners who do events with less impacts on adjoining and surrounding properties. For example, events which involve no amplification or amplification at only 40 dBA should be allowed more events than one which would be at a 70 decibel level. Accordingly, LandWatch proposes not allowing amplified sound or at least this change in subsection (8)(a): ''Not exceed forty (40) dB,A at any time between 9 a.m. and 9 p.m. at the boundary ofthe property [nearest] to where the agri-tourism or other commercial event or activity is located." Note that we also added the word "nearest" to the definition. Currently, the definition applies the decibel level at "the boundary of the property" without specifying which boundary. It could very well be that the most remote boundary of a property is one mile away, while the boundary closest to where the event is being held is within 100 feet of an adjoining property. Obviously, whatever decibel level is chosen by the County for measurement should be the property line closest to where the event is being held. In most situations where there are decibel or noise limits the point of reference is a nearby dwelling rather than just a boundary line. Thank you for your consideration. Very truly yours, PAUL DEWEY PD:ao cc: Board Central Oregon LandWatch- 623 NW Hill SI. #1 Bend, OR 97701 Phone (541) 647-1567 Fax (541) 647-1568 To: Deschutes County Commissioners March 14, 2012 My name is Becky Wilkins and with my husband Dave Wilkins, I am the owner/operator of 3 small businesses in Deschutes County. All of these businesses are focused on the wedding and event industry. Star Productions Entertainment Services NW-DJ Company Star Limousine-limousine transportation Celebrations Wedding & Event Resource Guide-magazine and association i .1 I am the current president of the Central Oregon Event Professionals Association which is comprised of 72 wedding related businesses. These businesses are I I represented in our magazine as advertisers and are promoted throughout the area as wedding professionals. Our website serves thousands each month at I www.centraloregonevents.net with photos, articles and links to our member's websites.i I am representing my own companies and those of our association in support of EFU Zone Events. We support the addition of weddings on EFU land throughout the state and specificially in Deschutes County. If this can be resolved quickly, we can reverse the negative affects currently impacting Deschutes County EFU land businesses and increase revenue streams immediately. I have 12 resorts and private country clubs within our group as well. Although there is a possibility of reducing competition for weddings, we have found that the customers for these venues are very different with very different budgets. A resort/private club setting is primarily a catering facility and the average minimum cost starts at $15,000 per event. This is in stark contrast to the individually owned private settings and "Park & Recreation" buildings where they start at an average of $1000 with no minimum on services or food and beverage. In fact, most allow a wide array of catering options as well as the opportunity to do everything on their own. This can reduce an average budget by $15,000 to $20,000 or more and make a wedding affordable to even the tightest budgets. The overall financial impact of a single wedding is stated at $44,000 from theweddingreport.com, a respected voice in the industry. The direct wedding costs average $14,000 in Deschutes County and include facility rental, apparel, catering, cake, flowers, photography, wedding coordinators, entertainment and rental equipment. All of these businesses are the ones affected in the area when these facilities are unable to hold weddings on their properties. The tourism income from these same weddings accounts for the additional revenue to the local area. When guests attend a wedding they contribute to the local economy through hotel rental, shopping, restaurants, gas, entertainment and social activities such as golf, skiing, canoeing, spa's, etc. And we all know that when guests visit the area and fall in love with what we have to offer, that in turn creates a new opportunity for people that eventually want to vacation and/or move to the area. Positives for EFU land wedding venues • Homeowner beautification -average $10,000-$40,000 • Small business success and growth • Opportunity to attract additional revenue to county • Enhance tourism in county I • Showcase beautiful areas of the state or county that may bring potential home buyers our business owners who may bring more businesses to the I area Current negatives for not being able to operate Personally -loss of $4000 advertising revenue each year from up to 10 venues j told they could not promote their businesses for 2009 and now through 2012. Total loss of approx. $15,000 personally. • Personally -Cancelled weddings booked in 2009 when this started that could not find replacement facilities and moved out of the area. 2009 cancellations for our companies: 4 for Star Productions and Star limo for a total of $5000 plus! Plus continued loss for 2010 -2012. Over $20,000. • Moved weddings that we were able to maintain, but now have additional expenses to travel to Hood River area and other non Central Oregon 1 I locales. • Property Owners -Loss of income for property owners that have invested in 1 these facilities and have been operating successfully with minimal impact to i neighbors. • County Economic Impact -Loss of weddings in Deschutes County each summer at these venues -potentially 10 each at these facilities for a total 1 of $140,000 direct wedding costs per facility and over $1.4 million in I j 1 j revenue. This represents a total of $5.2 million loss in small business and tourism revenue for Deschutes County each year -now a total loss of over $15 million since 2008. Solution: Specific property approval to operate to control negative impact • County obtains fee for each permit • Determine acceptable sound levels at property line at 60 decibels I I • Ensure traffic concerns with proper line of sight for driveways I • Determine adequate parking spaces and surface material I • Limit number of guests and/or vehicles on property • Monitor waste disposal I • OlCC monitoring on site I • Building and Fire codes maintained I • Any violations result in negative impact, fines up to and including revocation of permit • Frequency of use is estimated at approximately 10 times/summer or 3% of available use of the property. In tough economic times, we need to be promoting potential revenue streams fori our small business owners, our county and our state, not turning them away. You need to find a way to make this work for all involved quickly or we will be1 impacted for an additional year in our industry. Respectfully Submitted, Dave & Becky Wilkins P.O. Box 3111 Sunriver, OR 97707 (541) 419-6151 Central Oregon Event Professionals Association 1 i I I .... 14 March 2012 County Commissioners, County Planners and Staff, Please accept this letter on record of my support of the latest revision SB960. As well as the signatures that are listed below in this petition letter. As a business owner here in Central Oregon (Star Productions DJ's), I have seen a major drop in events on farm lands over the last several years due to no text amendment to allow farms and ranches to host wedding celebrations as they had in the past. Additionally, the delay in doing something about this has gone on way too long ... we need leadership to make the decision to move forward ... this issue has been delayed too long! The negative fiscal effect on my business (and other businesses listed below) has made us loose thousands of dollars in revenue over the last several years. Not just my business, but others have been affected too ( some listed below) . It's not just loss of dollars, but loss ofjobs and tourism spending in an already down economy. Over the last few years ... brides who simply could not afford our beautiful Central Oregon indoor commercial event facilities were forced (due to lower budgets and or lack of facilities available) to have their weddings outside the area. Now is the time to move forward and allow these property owners to return to the business of agri-tourism. NAMElBusiness , ADDRESS t~.I\ I) IN l\ \L"~J l <:~ ,CG/)vcn b~ ~ &rit i1 (i);lettf-mm E edtL6i0 CrduIVl!j IlJRZ rJ£ vJai6J)()=__~-----'I~ O(L J sf ~~? ~~):<"' 12.)D!}i 14>.-':3J>-D ( l II l ( 1 ... ,J+c~lran l ~ ~Ct:kJ ,ffn2u(J d27 ,iR I1Jk2 >CL"'t2re14!(J; &wi £-'17701 Jvt1~ fut flu/l /1Q10 lYJ (C~t{~1 (2~ &l--4!, QiZ q, 10 ~ ~J{);VLf~ ru1u.~ /111u mtcL!{~ tL B-&d , (j ( . tl72IJ'L dnatt ~$E' )1eq,?5: b e"'C:~ p p;,k CA, ~).J-t-~I gJ? OZ77 S. 9. -fe/{1. CyrM t7dD~J !/tLv¥ l~b Sz~ or 'i775f TO: Deschutes County Commissioners Subject: T A 11-3 From: James Gindlesperger 13 Mar 2012 The following is taken from ''THE NOISE POLLUTION CLEARINGHOUSE" whose motto is "good neighbors keep their noise to themselves" Noise is unwanted sound. It is derived from the Latin word "nausea, It The immediate cause of noise pollution is a failure of individuals and businesses to recognize that the air around us is "common property" shared by everyone. No one has a right to fill it with noise any more than they have the right to fill it with noxious fumes. Although they often don't realize it, noisy neighbors are in fact bullies, claiming rights and freedoms that are not theirs, while degrading a precious resource, peace and quiet, that belongs to everyone. Noise that is experienced by people who did not produce it is "second-hand sound," and is among the most pervasive pollutants today. Like second-hand smoke, it has detrimental effects on people who had no part in creating it Your right to make noise ends where your neighbor's right to peace and quiet begins. I bought property in farmland knowing that there would be noise associated with farming: tractors, and a wide variety of animals. I did not choose farmland to listen to music or event noise. Some noise is appropriate while others is not. Having roosters in Bend is not allowed because it is an inappropriate noise, the same thing is to be said of loud music in the rural community. If events are allowed without the permission of their neighbors then you ''The Commissioners" are the bullies being described in the previous statement. Changing the noise standards without the permission of neighbors is giving some people more rights while removing the rights of their neighbors. It is in fact discrimination. Comparative Examples of Noise Levels I Real World Examples and De ... http://www.industrialnoisecontrol.comlcornparative-noise-examples.h1m • Horre AbouIlNC Catalog Site Map INC Ubrary ContacIUs Toll Free 800-954-1998 Home > Industrial .No;se Con~. UlJ@ry > C""""ratlve Exarrples 01 Noise LevelsCustom Engineered Solutions Comparative Examples of Noise Levels Pre-ASSEITb/ed S1nJcUes Comparative Examples of Noise Sources, DecibelsPan~Wal Modular Acoustical Panels & Their Effects FlelO-Sab rose Control Cl6iaIns DecibelNoise Source Decibel EffectLevel Barriers Outdoa Noise Jet take-off (at 25 meters) 150 Eardrum rupture AcousbcaI Test & Aircraft carrier deck 140-_.__... ._. _.-.-._-----~enB1ICeis Mlitary jet aircraft take-off from aircraft carrier v.i1Il~Sports 130afterburner at 50 II (130 dB). eels DynmromeEl" Test Painful. 32 tirres asThunderclap, chain saN. Oxygen torch (121 dB). 120 loud as 70 dB. Noise Control Materials S1ee1 nill. auto hom at 1 meter. Turbo-fan aircraft at Awrage hUITBl pain takeoff poo.wr at 200 II (118 dB). Rilleling machine (110 110 threshold. 16 tirres as Noise Baniefs ~~w~~k music (1~:~1~dB). ______ _ _ loud as 70 dB. Flexible fl«>ise Jet take-off (at 305 meters), use of outboard motor, poo.wr 8 tirres as loud as 70Absorbers IaY.n rro.o.er, motorcycle, fann tractor, jackharnrer, dB. Serious damagegarbage truck. Boeing 707 or DC-8 aircraft at one nautical 100J<-FoaTI possible in 8 hr Con\lOUed Foan nile (6080 fI) before landing (106 dB); jet flyowr at 1000 e>cpDSUrefeet (103 dB); Bell J-2A heUcopier at 100 II (loodB).Scrba-Glas Noise Boeing 737 or DC-9 aircraft at one nautical nile (6080 II) 4 tirres as loud as 70 before landing (97 dB); po.o.er fl'lO'foer (96 dB); motorcycle 90 dB. Likely damage 8 hr Absorbef HVAC 0uc1 Uner at 25 II (?O ~BJ. Newsptiper ~ss (97 dB) exp fl«>ise Barriers & Garbage disposal, dishwasher, average factory, freightComposnes Irain (at 15 meters). Car wash at 20 fI (89 dB); propeller Acoustic Fnam 2 tirres as loud as 70plane flyowr at 100011 (88 dB); diesel truck 40 Illlh at 50 so dB. Possible danlage in ~ II (84 dB); diesellrain at 451lllh at 100 II (83 dB). Food 8 hr exposure.blender (88 dB); nilling machine (85 dB); garbage disposalScrba-GIas (SO dB). Noise & Vibration COfI"4lOSdes Arbttrary base ofPassenger car at 65 "",h at 25 II (T7 dB); freev.ay at 50 fI0arl1ling Materials comparison. Upper 70sfrom pawment edge 10 a .m. (76 dB). Li'ling room music 70 are amoyingly loud to(76 dB); radio or lV-audio, vacuum cleaner (70 dB). Noise Control Products .~J>e<lPIe.. __ . Conversation in restaurant, office, background music, Air Har as loud as 70 dB.60conditioni~unit it 100 II _.F airly quiet_ Quiet suburb, con\lel'sation at horne . Large eleclrical One-fourth as loud as50Iransfonners at 100 II 70dB. Ubrary, bird cals (44 dB); Iov.est limit of urban awbient 40 ~-~ sound 7OdS . .. One-siJdeen\h -as loud' Quiet rural area 30 as 70 dB . Very Quiet Whisper, rustling leaws 20 Breathing 10 Barely audible {modfiad from http://www.wenet.nel/-hpbldbievels.html]on 212000. SOURCES: Temple University Department at CivillEnvironmental Engneering (www.temple.aduidepartmentsiCETPlenviron10.html). and Faderai Agency Review at Setectad Airport Noise Analysis Issues, FaderaJ Interagency Committee on Noise (Au~st 1992). Source of the information is attributad to Outdoor Noise and the Metropolitan Environment, M.C. Branch et aI., Department of City Pfanning City of Los Angeles, 1970. <Back I Top I Home Acoustic Panels I Noise ContrOl C\.JIainS I Outdoor NOIse Bam .... t:¥wnomeler T esl Cetl l Nofse Barrienl l ConvdUlad Foam I Cei!11g Bames HVAC Silencers I !l<:ousllcat EncloslSes I Acoustical Eng~ng Set\1C9S Request A Quote Ask The Noise Experts your name your email Submlt Applications In-Plant Noise Control Operator Control Rooms Pulpi1s and Quiet Rooms Acoustical Test ChaTbers Conm.mity Noise Control Rewrberation Control Machinery Sound EncloSures Acoustical Dilliders & Partitions Decoratiw Noise Control INC Professional Dyne Test Rooms ensure a slatlle. repealatJle envirorment for your dynamometer runs and a s~e wor1< space for YOtIlectYlicians . ©2010 Industrial Noise Control, Inc. -AI Rights Reserved . 401 Airport Rd . 1North Aurora, IL 605421830-844-19991 Fax 830-966-9710 I Email Industrial Internet Marketing by Top Floor Technologies \ r..a \\\'\\(,SIOD~ \~ R \)')<. f:.) L ~~\:...'<--c:; QO\)N ~,~O l~ C'0.~ h 1 of I 3/14/20128:30 AM TO: Deschutes County Commissioners Subject: TA 11-3 From: James Gindlesperger 13 Mar 2012 During the planning Commission Meetings the number of 70 db for noise was brought up. Counsel for the county said she just picked a number and it was not based on anything. OAR 340-35-035 (Table 7 & 8) sets specific noise levels for Industrial and Commercial events. I do not think that the limits set forth for mass gatherings noise is in line with the OAR. DCC 8.16.290 C. The use of amplification for the Outdoor Mass Gathering or Extended Mass Gathering shall be regulated so that it will not interfere with the normal use of any school, church, residence or other permanent place of human habitation unless prior written consent is obtained from all affected persons. A sound level in excess of 70 decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A scale of a standard sound level meter on affected property) shall constitute interference. (Ord. 2006-020 §3, 2006; Ord. 2005-003 §1, Based on this, I recommend that noise levels established for these events be those established in OAR 340-35-035 and that applicants for permits have the written consent of all neighbors affected. James Gindlesperger To: Deschutes County Commissioners Subj: TA 11-3 ORD 2012-004 From: James Gindlesperger 6 Mar 2012 Protecting Public Health and Safety OSHA prescribes that if a business experiences more that 85 dBA noise they must have a hearing conservation program. The EPA "INFORMATION ON LEVELS OF ENVIRONMENTAL NOISE REQUISITE TO PROTECT PUBLIC HEALTH AND WELFARE WITH AN ADEQUATE MARGIN OF SAFETY" March 1974 Table 4, lists 70 dB as the threshold where hearing may be damaged and that a level of 45 db will interfere with normal activity. The acceptable level of noise varies by the context. The World Health Organization has established standards for maximum acceptable noise levels, which the following table summarizes Time base LAmax,Specific environment [hours] fast[dB] Serious annoyance, daytime and evening 55 16Outdoor living area Moderate annoyance, daytime and 50 16 evening Dwelling, indoors Inside bedrooms Speech intelligibility and moderate annoyance, daytime and evening Sleep disturbance, night-time 35 30 16 8 45 Outside bedrooms Sleep disturbance, window open (outdoor values) 45 8 60 School class rooms Speech intelligibility, disturbance of and pre-schools, information extraction, message 35 during class - indoors communication Pre-school Bedrooms, sleeping-Sleep disturbance 30 45indoors time http://www.euro.who.int/_data/assets/pdCfile/0008/136466/e94888.pdf WHO Noise Study The following statement is taken from the web site of the Oregon Office of Environmental Public Health. Although the report is addressing wind turbines it state's some information which is pertinent to all noise. Noise is sound that is perceived as unwanted, annoying, or disturbing [7]. Environmental noise in community settings is linked to sleep disturbance, annoyance, stress, and decreased cognitive performance [7-9]. These effects, undesirable in their own right, can in turn adversely affect physical health. Chronic sleep disturbance and stress from environmental noise exposures can increase risks for cardiovascular disease, decreased immune function, endocrine disorders, mental illness, and other effects [8-12]. • Objective measures of sound do not necessarily correlate with subjective experiences of sound. When comparing similar sounds, a 3 dB increase correlates to a doubling in objective sound energy levels, but is considered the threshold of perceivable difference in sound levels [10,13]. A 10 dB increase equates to a 10-fold increase in sound energy, but is perceived as a doubling in sound loudness [10]. • The perception of sound as noise is a subjective response that is influenced by factors related to the sound, the person, and the social/environmental setting. These factors result in considerable variability in how people perceive and respond to sound at the individual and community level [7,14]. Factors that are consistently associated with negative community response are fear of a noise source [15], noise sensitivity [15], changes in noise exposure (i.e., the introduction of a new sound, or a noticeable change in a sound's loudness or quality) [14], and increases in human-generated sound [14]. Table 1: Summary of Oregon's noise limits for Maximum Allowed* Change in Sound wind turbine facilities using assumed Level¥ background level of 26 dBA. Assumed , B~* r~;&t\!~;''''~f.'f~~'''kfi\~l\i-I«''Nf't,<OJ{,0.I!'';u'!;::t'''i~1.t}~!. ' ,,~._ ~~""·~~"''''~';-!'''''4;;";,~··,,,·M'f(4t·'X.~7',,-,'''''·,c:t:..W;';'''!'h''',;;ir:li~''';;;"')'''_+~~~l.~¥,~c''A-r''l4.'j>ct:J;/~\&f_'''!(~'t~}t'~''K.~~~~~.;o~$;L_'tit~"'?'h~~~~:$\.~~~r~~?V1$, , ! Landowner does not waive standard 26dBA 36dBA +10 dBA , !Landowner waives standard 26dBA 50dBA +24 dBA *Median Normal speech is about 60 db and using the above the following can be calculated. 2 People talking 63 db 16 People 72 db 128 people 81 4 People 66 db 32 People 75 db 8 People 69 db 64 People 78 db The proposes TA allows for 499 people. If only 1/4 are talking you are already generating 81 db of noise. How small is 10 acres? A 10 acre parcel is 660 feet by 660 feet. HB 3280 dictates a 100 foot setback for all activity leaving 460 by 460 or 4.85 acres. Now subtract parking for 250 vehicles (250 x 10 x 20= 50,000 or 1.15 acres) and you have a useable acreage of 3.7 acres. That's 135 people per acre. If the property happens to be 330 feet by 1320 (also 10 acres) the usable space becomes 2.19 or 228 people per acre. The population density of Portland is 6.79 people per acre and Los Angeles is 12.64 people per acre. I suggest that 10 acres is too small if a Darcel to allow events. 1 \ J In your position of authority I think it is your responsibility to protect the public. In TA 11-3 it is recommended to allow 70 dBA at the property line for 13 hours. 'How loud will the noise be at the source?? These OSHA and EPA limits are mainly aimed at adults bi.jt since there willl:)~ children and adolescence at these events it is safer to err on the lower side., tf#nk vou $boule(. IiqJit the noise at the source to the 70 dBA limit prescribed by the EPA. : ' , I also believe that unwanted noise should not be forced down the throat of people who do not want it. I therefore suggest thot the applicant obtain letters ofconsent from all ofhislher neighbors before applying unless the event set back is over 1000 feet. This will reduce or eliminate noise complaints. According to Nick Lelack, when he addressed the Planning Commission, most neighbors of the event sites do not have a problem with them. 1 I To: Deschutes County Commissioners Subject: T A 11-3 Fm: James Gindlesperger 6 Mar 2012 Ref: OR5467 OAR 340-35-035 Noise Control Regulations for Industry and Commerce The noise standard (70 dBA) as recommended by the planning commission appears to be contrary to ORS 467 and OAR 340-35-035. It is also not in line with the desires of the Legislative Assemble as stated in ORS 467.010. ORS 467 gave authority to the Environmental Quality Commission to establish noise limits. The DEQ established limits as described in OAR 340-35-035. 467.010 Legislative findings and policy. The Legislative Assembly finds that the increasing incidence of noise emissions in this state at unreasonable levels is as much a threat to the environmental quality of life in this state and the health, safety and welfare of the people of this state as is pollution of the air and waters ofthis state. To provide protection of the health, safety and welfare of Oregon citizens from the hazards and deterioration of the quality of life imposed by excessive noise emissions, it is hereby declared that the State of Oregon has an interest in the control of such pollution, and that a program of protection should be initiated. To carry out this purpose, it is desirable to centralize in the Environmental Quality Commission the authority to adopt reasonable statewide standards for noise emissions permitted within this state ' and to implement and enforce compliance with such standards. 467.020 Prohibition on emission of noise in excess of prescribed levels. Except as provided in ORS 467.131 and 467.133, no person may emit, cause the emission of., or permit the emission of noise in excess ofthe levels fixed therefor by the Environmental Quality Commission pursuant to ORS 467.030. [1971 c.452 §3; 1995 S.s. c.3 §40c; 1996 c.8 §2] TABLES (340-35-035) New Industrial and Commercial Noise Source Standards Allowable Statistical Noise Levels in Any One Hour 7 am -10 pm 10 pm -7 am L50-55 dBA L 50-50 dBA L 10-60 dBA L 10-55 dBA L 1-75 dBA L 1-60 dBA What does Table 8 mean? From 7 am to 10 pm -L50-55 dBA Noise may exceed 50 dBA for 50% of the time, may exceed 60 dBA for 10% of the time Le. 6 minutes per hour and 75 dBA for 1 % of the time i.e. 36 seconds per hour. Measures using the A criteria on a db meter. I , 1,., ., I I 1 I Decibels meters dBA versus dbC Ref: Washington County Noise Control Task Force (WCNTF) Final Report July 2005 OAR 340 OAR 340 established the ambient background level in a rural environment as 26 dBA. The WCNTF report table 4 and 5 demonstrates what people want and what the are willing to live with regarding noise. Rural residents would like 35 dBA daytime and 25 dBA at night but will normally tolerate 35 dBA -45 dBA daytime and 25 dBA -35 dBA at night. Table 6 shows that when these levels are exceeded by 10 dBA there are widespread complaints. Low Frequency Noise Low frequency noise has significant acoustic energy in the frequency range 8 to 100Hz. Noise of this kind is typical for large diesel engines in trains, ships, and power plants and, since the noise is hard to muffle and spreads easily in all directions, it can be heard for miles. Since the low frequency noise is more annoying than would be expected from the A-weighted sound pressure level measurements, the C-weighted scale is often used when documenting these sound emissions. (bass guitars and drums also fall into this category). (This paragraph taken from WCNTF "Sound Level Measurements for Livability vs Safety) Recommendations: 1. Any noise limit (db level) be set according to OAR 340-35-035 Table 8 2. Sound to be measured using a decibel meter using either dBA or dBC . To: Deschutes County Commissioners Subject: TA 11-3 From: James Gindlesperger In 2005 the World Health Organization (WHO) issued a report Burden of Disease from Environmental Noise. The following it taken from this report. DALYs: the sum of the potential years of life lost due to premature death and the equivalent years of "healthy" life lost by virtue of being in states of poor health or disability. After reviewing the available scientific evidence supporting causal association, the following outcomes were selected for inclusion: • cardiovascular disease • cognitive impairment • sleep disturbance • tinnitus • annoyance. In their study expert scientists mathematically quantified the shortening of life expediency due to noise. Their findings were that in Western Europe 1.0-1.6 MILLION DALYs were lost ANNUALLY due to noise. The easiest way to abate noise is to not create it in the first place. Please do not add any more noise to our rural settings. Dear County Commissioners, 6 Mar 2013 For the record TA 11-3 (SB 960 & HB 3280) I spent 32 years in the US Navy, most of it in a the submarine force, defending our way or life and the right of each individual. I now see that if you approve TA 11-3 as proposed by the Planning Commission you will undo everything I served for. Allowing one person to have more rights in holding events and creating noise and disturbance while reducing the rights of their neighbors is not right. Yes, the new legislation allows for events but at what cost? You must decide between helping some people while hurting others. I have firsthand knowledge of the disruptive nature these events can cause. People who bought rural property have the right that it stay that way. Conclusion: A condition of getting a permit must require consent signatures of all neighbors!!! From the start the sheriff's department has said that they do not want to be the middle man in these conflicts between neighbors, having to determine what is or is not disruptive. By requiring neighbors to sign off before a permit is issued you have solved the problem before it occurred. Yes, there will be some applicants that complain because their neighbors won't sign, but isn't this right? Shouldn't a person have as much right to stop noise and commotion as the person who wants to have it? If you allow one property to have noise that violates current DCC noise parameters while depriving their neighbors the protection of these codes you are agreeing with George Orwell. "All :2)·::Ar~~·~C7 ' David W. Cockfield I Rear Admiral USN, Retired concerned county resident 3~ 21:. ~VJ -S:~)~~ \-\£\G~~ ~Q.... ~r-;>D O~ c,})O ) RE: TA-1l-3 March 12,2012 Dear County Commissioners, Please don't adopt TA-11-3 as written. It is bad policy for the county and our agricultural lands. The county will not gain any financial benefit. Local business already in this market legally will lose and from my research unlike in previous testimony given most of these vendors that offer an outdoor setting do NOT require you to use their caterers and vendors although of course they encourage you to do so. Neighbors to event venues will have their property values decreased, livestock are stress by noise which reduces reproduction and growth rates, rural roads are not designed to handle the large volume of traffic to name just a few reasons. 10 acres is way to small for events unless very small dinner parties. Perhaps if you allowed one person for every acre of land it would be more fitting to each EFU property instead ofmaking it 499 people which is way too many except for maybe a 500 acre parcel. This one little thing of allowing one person per acre of land would help with a number of issues related to events. Small dinner parties using local products or seminars like 1,000 Friends of Oregon suggested seems like a good alternative for smaller acreages. 70 decibels of noise is way to high especially for the long hours of operation and for a small parcel of land. They are coming to a rural setting but yet expect neighbors to accept the standards of urban living ... that is against the majority of EFU landholders way of life. If they wish the rural tranquility for their event then they should accept that sound amplification is not part of that tranquility. There is no provision for the higher demands on our country roads nor for the event centers to be required to contribute for the roads upkeep from liter to maintenance that they will be generating a profit from. It seems that an event center should be required to pay more towards the upkeep of a road system they will be using heavier than a normal agriculture landowner. There is no provisions for safety of children injured by agricultural practices ifthey wander off onto adjacent farms, ie, drown in a pond, electric fences, kicked, stomped or injured by livestock or by farm machinery. The vendors have the party insure but what about the neighbors? They will have to live in fear. What about shared driveways/easements? Most were granted years ago without thought to event centers and the heavy traffic and use event centers would create. Event centers should have direct access and not cross another parcel of land off from a paved road to even be considered. I have not seen any consideration for environmental hazards, soil compaction, septic leach lines, taking land out of production, wildlife and a host of other issues to numerous to list here. In conclusion, Deschutes County EFU lands were NEVER intended to make a profit. I do know of a few EFU landowners that do make a profit but they WORK to do so instead ofjust opening the doors to events and letting the money roll in at the expense of neighbors and other county residence. Please do not approve this text amendment as written it is much to liberal and does not preserve agriculture lands for what it was intended to be. Thank you Leslie Ketrenos Deschutes County Land Owner ,.---~-~ 133 SW Second Ave, #201 • Portland, OR 97204 • (503) 497-1000 • fox (503) 223-0073 • www.friends.org -1000 I Southern Oregon Office' PO Box 2442 • Grants Pass, OR 97528 • (541) 474-1155 • fox (541) 474-9389 friends I Willamette Volley Office' 220 East 11 th Avenue, Suite 5 • Eugene, OR 97401 • (541) 520-3763 • fax (503) 575-2416ofOrego)l I Centrol Oregon Office' 115 NW Oregon Ave #21 • Bend, OR 97701 • (541) 719-8221 • fox (866) 394-3089 • 'c• • ; March 14,2012 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 97701 VIA EMAIL Re: TA-1l-3; Commercial Events on EFU Dear Commissioners, Thank you for taking testimony on events at wineries and EFU land. We were impressed with the time and effort that the Planning Commission put into this effort. We believe that the proposal you have before you today is a good one that clearly complies with the intent of SB 960 and HB 3280. After listening to fanners all over the state, 1000 Friends agrees that limited agriculturally related events on working fanns can add to the financial stability of fanns, and be supportive of keeping fann land in farm use. We commend the County for its implementation of these two new statutes. We also commend the County for listening carefully to the residents of Deschutes County regarding how they want their communities to work. Our primary interest in this matter is to ensure that all the voices of Deschutes County residents are heard. Deschutes County is a coveted place to live because of the quality oflife. A big part ofthat quality comes from the pastoral settings outside of city limits. Who could not love our rolling hills, and open pastures framed by the snow capped mountains of the Cascade Range? Even though the farmland may not be as good as the Willamette Valley, residents work hard to make this their home because of their deep commitment to place. Our largest concern in this process is that the citizens whose property adjoins properties potentially engaged in agricultural events have not spoken as loudly as those who stand to profit from the new code. Many people moved here because they like Deschutes County as it is, and do not understand the impacts that neighboring events might have on their rural quiet or their agricultural operations. While limited events are allowed under SB 960 and HB 3280 they should only be pennitted where there is truly enough space to ensure that they don't come at the expense of the neighbors. Both event holders and those who want to live quiet rural lives benefit our local economy. Noise & Setbacks: A big draw to have events on rural land is the ambient quiet in the community. Unless the parcel is exceptionally large, that quiet is not created by a single land owner. However, only one person benefits financially from an event. Those who help contribute to the quality oflife should not be repaid by being asked to endure only the negative overflow of someone else's business. We believe that the 100 foot setback is too small and the 70 decibel limit is too high. As a reasonable health and safety measure we encourage the County to increase this setback to at least 500 feet, possibly more. We would have no objection to allowing variances in cases where neighbors concur that an event will not be problematic. Parking: It appears that there is no requirement that parking be on site for agritourism and other commercial events. (On site parking is required of events at wineries.) Although Deschutes County does not allow parking on the sides of County roads, we believe that this omission could lead to some unfortunate misunderstandings that may have a negative effect on the public's acceptance of this code amendment. Notice: The notice requirements could be more clearly written. While the original vision appears good -notice must be provided by April 1 of each year it appears there is a significant loophole that could result in neighbors experiencing loud events with no notice. If amendments are made a mere 72 hours in advance of an event, it does not appear that notice to neighbors is required. This seems inconsistent with the statement that notice shall be given at least 10 days before an event. We encourage the County to respect the neighboring property owners by requiring more advance notice. Enforcement: We encourage the County to specifically contemplate enforcement mechanisms, and spell them out in the code. The inclusion of a contact number for someone on the property who can address issues in real time is excellent. However, if that number isn't answered, or the person is unable to remedy the situation, further actions should be clear. We understand that it is often unrealistic to break up an event that has become too loud at the time that it is occurring. However, there should be significant penalties that strongly discourage events from getting out of hand in the first place. In cases where a four year permit is issued for up to 18 events per year, simply allowing neighbors to weigh in on the next permit renewal is not adequate deterrence. The pennit fees should be set to include enough money for adequate enforcement when events get out of hand. Small Scale Events: Another concern we have is that this code is primarily written for the regulation of large events with upwards of 100 people. We agree that this is the type of event that most needs regulation. However, we have heard numerous times from small farmers that what they need is a simple affordable way to have small gatherings such as farm dinners and educational programs on their property. We strongly recommend including a whole new element under the agritourism section that allows up to 18 events per year for less than four hours and less than 30 people with no amplified music to be allowed either outright or with minimal pennitting that lasts up to four years. The code and pennit fees as written now preclude these events for all practical purposes. However, our small farmers tell us that this type of small scale event is precisely what is needed to create quality relationships with customers. Conclusion: We commend the County for moving to adopt code implementing the recently passed legislation. If events are allowed on EFU land as outlined by SB 960 and HB 3280 we believe that it will provide our local farmers an opportunity for a secondary source of income, supplemental to the 1000 Central Oregon Office' 115 NW Oregon Ave #21 • Send, OR 97701 • friends (541) 719-8221 • fax (866) 394-3089 ujOrcgu)I .. nO. Page 2 fann use income. There is plenty of space in Deschutes County for both events and the quiet rural life people expect. We ask that you carefully consider the burdens you place on the neighbors of events. Those neighbors are actively contributing to the quality oflife in our county as well. We look forward to working with you to guide our county to a future of natural beauty, environmental health and economic prosperity. StaffAttorney & Central Oregon Advocate I I 1000 Central Oregon Office· 115 NW Oregon Ave #21 • Bend, OR 97701 • t friends (541) 719-8221 • fax (866) 394-3089 u(OrcgulI ,~ eft,;*-, Page 3 I 10 YEAR co8256 2008 co899 2008 co932 2009 co933 2009 co934 2009 co936 2009 co937 2009 co938 2009 co931 2009 co954 2009 co935 2011 co842 2008 co8146 2008 co9185 2009 cl0212 2010 OWNERS NAME Mcdonald Rousseau Mcdonald Brown Downs Cyrus Margo Katz Grossman Watt Larkin Bowerman Pn Mdws Rnch Cln Falls Rnch Lisignoli ADDRESS 22122 Neff RD. Bend 23585 Hwy 20, Bend 22122 Neff RD. Bend 4691 SW Hemholz Way, Rdm 24885 Dodds rd, Bend 17204 Hwy 126, Sisters 18635 Pinehurst Rd, Bend 61902 Ten Barr Ranch Rd, Bend 70455 Lower Bridge Wy, Terr 16693 Sprague Loop, La Pine 6268 W Hwy 126, Redmond 22955 Someday Wy, Bend Three Creeks Rd, Sisters 170 Nw 67th St,Redmond 1250 NE Wilcox Ave, Terr COMPLAINT DCC 18.16.020 & 18 .144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC ~8.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 & 18.144.050 DCC 18.16.020 COMPLAINING PARTY Harry Ketrenos Harry Ketrenos Harry Ketrenos Harry Ketrenos Gladys Blglor Harry Ketrenos plus 3 Harry Ketrenos Harry Ketrenos Harry Ketrenos Harry Ketrenos plus 1 Harry Ketrenos Harry Ketrenos plus 1 Gindlesperger/Meyer Dummlt pending Scott Farm/COD >:-. V' G ~ C'o ~.