HomeMy WebLinkAbout92-06592-41792
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE
An Ordinance Amending Title 18,
Deschutes County Zoning Ordinance,
of the Deschutes County Code,
REVIEWED
,v,w
11GAI. COUNSEL
LINTY, OREGON
oril(
Concerning Exclusive Farm Use * a
s",,
Zones and Declaring an Emergency. * F
ORDINANCE NO. 92-065
WHEREAS, pursuant to the requirements of the Oregon Dep�tmant
of Land Conservation and Development (LCDC) the County has Lien
required to review and update its Comprehensive Land Use Plan and
implementing ordinances, including for exclusive farm use zones to
assure continuing compliance with Statewide Land Use Planning
Goals; and
WHEREAS, it is necessary to amend certain provisions of Title
18 of the Deschutes County Code, known as the Deschutes County
Zoning Ordinance No. PL -20, relating to exclusive farm use zones in
order to complete periodic review;
WHEREAS, public hearings have been held in furtherance of this
objective in conformance with state law before the Deschutes County
Planning Commission and the Board of County Commissioners for
Deschutes County; and
WHEREAS, the Board of County Commissioners has considered the
recommendations of the Planning Commission and the public; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS
as follows:
Section 1. ADOPTION OF AMENDMENTS TO CHAPTER 18.04. Chapter
18.04.030, "Title, Purposes and Definitions," of the Deschutes
County Code, as amended, known as the Deschutes County Zoning
Ordinance, is further amended to include the definition of
"Commercial Farm" as follows:
As used in Chapter 18.16, "Commercial farm" means those
land tracts shown on the 1991 Assessor's records as
contiguous ownership tracts under one name (or separated
only by a road), zoned EFU, receiving special assessment
for farm use and in the top 90% of assessed farm use
values (arranged in ascending order). These farms are
identified in the resource element of the comprehensive
plan.
1 - ORDINANCE NO. 92-065 (11/25/92) 1;.
Q� 19-202
Section 2. ADOPTION OF AMENDMENTS TO CHAPTER 18.04. Chapter
18.04.030, "Title, Purposes and Definitions," of the Deschutes
County Code, as amended, known as the Deschutes County Zoning
Ordinance, is further amended to include the definition of
"Irrigated acres" as follows:
"As used in Chapter 18.16, irrigated acres means those
lands to which a water right is appurtenant."
Section 3. ADOPTION OF CHAPTER 18.16. Title 18 of the
Deschutes County Code, known as the Deschutes County Zoning
Ordinance, as amended, is further amended to replace Chapter 18.16,
"Exclusive Farm Use Zone," as set forth in Exhibit "A," attached
hereto and by this reference incorporated herein.
Section 4. FINDINGS. The Board of County Commissioners
adopts as its findings and conclusions in support of this ordinance
the Comprehensive Plan text adopted by Ordinance 92-063, adopted on
this date and by this reference incorporated herein, and the
findings attached as Exhibit "C" to Ordinance 92-062 and by this
reference incorporated herein.
Section 5. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed
shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of
such duty, condition, penalty, forfeiture, or liability, and for
the purpose of authorizing the prosecution, conviction and
punishment of the person or persons who violated the repealed
ordinance.
Section 6. SEVERABILITY. The provisions of this ordinance
are severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a
court of competent jurisdiction that decision shall not affect the
validity of the remaining portions of this ordinance or exhibit
thereto.
Section 7. EMERGENCY AND EFFECTIVE DATE. This Ordinance
being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this
Ordinance takes effect on December 7, 1992.
2 - ORDINANCE NO. 92-065 (11/25/92)
9�' 19-2Qv3
Section 8. CORRECTIONS. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
DATED this 25th day of November, 992.
BOARD OF COUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
ssidner
EWA
i.irman
3 - ORDINANCE NO. 92-065 (11/25/92)
NOTE: Deleted wording is in brackets [ ]; added wording is
underlined bold.
- EXHIBIT A �,� 19-20 'A
CHAPTER 18.16 EXCLUSIVE FARM USE ZONES
Sections:
18.16.010
Purposes
18.16.020
Uses Permitted Outright
18.16.030
Conditional Uses Permitted
18.16.035
Destination Resorts
18.16.040
Limitations on Conditional uses
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
18.16.010 Purpose
The purpose[s] of the Exclusive Farm Use zones [are] is
to preserve and maintain agricultural lands. [for farm use,
particularly range and grazing uses, consistent with existing
and future needs for agricultural products, forests and open
spaces; to conserve and protect scenic resources; to maintain
and improve the quality of air, water and land resources of
the county and to establish criteria and standards for farm
uses and related and supportive uses which are deemed
appropriate.] (Ord. 92-038 ss 1 and 2, 1991)
18.16.020 Uses Permitted Outright
The following uses and their accessory uses are
permitted outright: (Ord. 91-038 ss 1 and 2, 1992; Ord.
91-020 ss 1, 1991; Ord. 91-005 ss 4, 1991; Ord. 86-007 ss 1,
1986; Ord. 81-025 ss 1, 1981; Ord. 81-001 ss 1, 1981)
A. Farm use as defined in this title.
B. Propagation or harvesting of a forest product.
C. Exploration for minerals. (Ord. 91-002 ss 3, 1991)
D. Accessory buildings customarily provided in conjunction
with farm use.
E. Climbing and passing lanes within a right-of-way
existing as of July 1, 1987. (Ord. 91-038 ss 2, 1991)
F. Reconstruction or modification of public roads and
highways, not including the addition of travel lanes,
where no removal or displacement of buildings would
occur or no new land parcels result. (Ord. 91-038 ss 2,
1991)
G. Temporary public road or highway detour that will be
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 1
0119-2035
abandoned and restored to original condition or use when
no longer needed. (Ord. 91-038 ss 2, 1991)
H. Minor betterment of existing public roads and
highway -related facilities such as maintenance yards
with stations and rest areas, within a right-of-way
existing as of July 1, 1987, and contiguous publicly
owned property utilized to support the operation and
maintenance of public roads and highways. (Ord. 91-038
ss 2, 1991)
I. A[n] [additional] replacement dwelling to be used in
conjunction with farm use if the existing dwelling has
been listed in the county inventory as an historic
property as defined in ORS 358.480. (Ord. 91-038 ss 2,
1991)
J. Creation, restoration or enhancement of wetlands. (Ord.
91-038 ss 2, 1991)
18.16.030 Conditional Uses Permitted
The following uses may be allowed in the Exclusive Farm
Use Zones subject to applicable provisions of the
Comprehensive Plan, Sections 18.16.040 and 18.16.050 and
other applicable sections of this title. (Ord. 91-038 ss 1
and 2, 1991; Ord. 91-005 ss 5, 1991; Ord. 87-013 ss 1, 1987)
A. [Farm -related] Dwellings customarily provided in
conjunction with farm use (farm -related dwellings).
[B. Farm -related dwellings on a parcel less than the minimum
lot size.]
B. Manufactured home as a secondary accessory farm
dwelling.
C. Pre-existing dwellings as a ranch hand residence. (Ord.
91-020 ss 1, 1991; Ord 83-020 ss 1, 1983)
D. Non-farm dwelling and accessory uses thereto.
E. Residential homes as defined in Section 18.04.030 of
this title, in existing dwellings.
F. Commercial activities that are in conjunction with farm
use. The commercial activity shall be associated with a
farm use occurring on the parcel where the commercial
use is proposed. The commercial activity may use,
process, store or market farm products produced in
Deschutes County or an adjoining county.
G. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005; exploration and extraction of natural gas or
oil; and surface mining mineral and aggregate resources
exclusively for on-site personal, farm or forest use or
in conjunction with maintenance for irrigation canals.
(Ord. 90-014 ss 23, 1991)
H. Homestead retention when the entire parcel has been
under single ownership for at least the preceding ten
consecutive years and the parcel occupies not less than
320 acres. This use will permit the owner to convey the
parcel but retain a leasehold interest in the residence
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 2
0119-20%
and the land underlying the residence up to a maximum of
five acres. In no case shall another residence be
constructed elsewhere on the parcel except in
conformance with the terms of this chapter. The
leasehold interest shall extend throughout the lifetimes
of the seller and his or her spouse.
I. Private parks, playgrounds, hunting and fishing
preserves and campgrounds.
J. Parks, playgrounds or community centers owned and
operated by a governmental agency or a non-profit
community organization.
K. Golf courses.
L. Utility facilities necessary for public service and
commercial utility facilities for the purpose of
generating power for public use by sale.
M. Personal -use landing strip for airplanes and helicopter
pad, including associated hangar, maintenance and
service facilities. A personal use airport as used in
this section means an airstrip restricted, except for
aircraft emergencies, to use by the owner and, on an
infrequent and occasional basis, by invited guests and
by commercial aviation activities in connection with
agricultural operations. 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 Aeronautics
Division in specific instances. A personal use airport
lawfully existing as of September 1, 1975, shall
continue to be permitted subject to any applicable
regulations of the Oregon Aeronautics Division. (Ord.
91-020 ss 1, 1991)
N. Home occupations carried on by residents as an accessory
use within their dwelling or other residential accessory
building.[customarily provided in conjunction with farm
use.]
O. A facility for the primary processing of forest
products. 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 method 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.
P. The boarding, breeding and training of horses for
profit.
Q. Hydroelectric facility, in accordance with Sections
18.116.130 and 18.128.040(V). (Ord. 86-018 ss 3, 1986)
R. Dog kennels. (Ord. 90-018 ss 1, 1991)
S. Storage, crushing and processing of minerals, including
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 3
T.
U.
V.
W.
4119-29U`7
the processing of aggregate into asphaltic concrete or
portland cement concrete when such uses are in
conjunction with the maintenance or construction of
public roads or highways. Ord. 90-014 ss 31, 1990)
A site for the disposal of solid waste approved by the
governing body of a city or county and for which a
permit has been granted under ORS 459.245 by the
Department of Environmental Quality. (Ord. 91-014 ss 1,
1991)
One manufactured home 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. (Ord. 91-038 ss 2, 1991)
Church. (Ord. 91-038 ss 2, 1991)
Public or private school, including all buildings
essential to the operation of such a school. (Ord.
91-038 ss 2, 1991)
X. Construction of additional passing and travel lanes
requiring the acquisition of right-of-way, but not
resulting in the creation of new land parcels. (Ord.
91-038 ss 2, 1991)
Y. Reconstruction or modification of public roads and
highways involving the removal or displacement of
buildings, but not resulting in the creation of new land
parcels. (Ord. 91-038 ss 2, 1991)
Z. Improvement of public roads and highway -related
facilities such as maintenance yards, weigh stations and
rest areas where additional property or right-of-way is
required, but not resulting in the creation of new land
parcels. (Ord. 91-038 ss 2, 1991)
AA. The propagation, cultivation, maintenance and harvesting
of aquatic species. (Ord. 91-038 ss 2, 1991)
BB. Bed and breakfast inns. (Ord. 91-038 ss 2, 1991)
CC. Excavation, grading and fill and removal within the bed
and banks of a stream or river or in a wetland. (Ord.
91-038 ss 2, 1991)
DD. Cemeteries in conjunction with churches. (Ord. 91-038
ss 2, 1991)
[EE. Living history museums.] (Ord. 91-038 ss 2, 1991)
18.16.035 Destination Resorts
[In the EFU-40 and EFU-20 zones] jDestination resorts
may be allowed where mapped as a conditional use, subject to
all applicable standards of the DR zone. (Ord. 92-004 ss 3,
1992)
18.16.040 Limitations on Conditional Uses
A. Conditional uses permitted by 18.16.030[(F)]jEl through
(DD) may be established [on non-productive agricultural
lands] subject to applicable provisions in Chapter
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 4
OIL,
18.128 and upon a finding by the Planning Director or
Hearings Body that the proposed use: (Ord. 91-020 ss 1,
1991)
[a. Is compatible with farm uses described in this
title, the intent and purpose set forth in ORS
215.143 and the Comprehensive Plan;]
a. Will not force a significant change in [or otherwise
seriously interfere with] accepted farm or forest
practices (as defined in ORS 215.203(2)(c)) on
adjacent lands devoted to farm or forest uses; [and]
or [will not significantly increase the cost of
accepted farm or forest practices on such lands];
b. Will not significantly increase the cost of accepted
farm or forest practices on surrounding lands
devoted to farm or forest use; and
[c. Does not materially alter the stability of the
overall land use pattern of the area;]
c. That the actual site on which the use is to be
located is [not] the least suitable for the
production of farm crops or livestock[;].[and]
[e. Is not located within one-quarter mile of a dairy
farm, feed lot, sales yard, slaughterhouse or
poultry, hog or mink farm, unless adequate buffers
are provided and approved. The establishment of a
buffer shall consider such factors as prevailing
winds, drainage, expansion potential of affected
agricultural uses, open space and any other factor
that may affect the liveability of such proposed use
or the agriculture of the area.] (Ord. 91-020 ss 1,
1991)
[B. In determining whether the above standards can be met,
the Planning Director or Hearings Body shall consider:
(Ord. 91-011 ss 1, 1991)
a. Immediate and future impacts on public services,
existing road systems and traffic demands and
irrigation distribution systems;
b. Soil types and their limitations, including slides,
erosion, flooding and drainage, and provisions to
minimize possible adverse effects resulting
therefrom;
C. Agricultural productivity, including food
productivity and the production of any useable
agricultural product that requires open space and a
non -urban environment;
d. Whether the proposed development minimizes potential
adverse effects on terrain, slope and ground cover;
e. Whether the proposed development is compatible with
the existing land use pattern and the character of
the overall area;
f. The existence of adequate quantity and quality of
water, either subsurface of other sanitary disposal
system and adequate provisions for solid waste
disposal; and
g. Conversion of agricultural lands to non-farm uses
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 5
p-11 += ;
shall be based upon consideration of the following
factors:
1. Environmental, energy, social and economic
consequences.
2. Compatibility of the proposed use with related
agricultural land.
3. The retention of Class I and VI soils in farm
use.]
B. An applicant for a non-farm
demonstrate that the standards
satisfied through the imposition
conditions so imposed shall be
(Ord. 91-038 ss 1 and 2, 1991)
conditional use may
for approval will be
of conditions. Any
clear and objective.
18.16.050 Standards for Dwellings in the EFU Zones
A. Farm -Related Dwellings
A dwellinct. includingt a manufactured home in accordance
with Section 18.116.070, is considered to be customarily
provided in conjunction with farm use and may be
permitted when all the following criteria are met:
a. The dwelling will be located on a legally
established parcel that meets the minimum parcel
size for the applicable subzone, as described under
Section 18.16.065.
b. The parcel is currently employed in "farm use", as
evidenced by a farm management plan showing that the
day -today activities on the land are principally
directed to the farm use of the land.
c. The dwelling is for the farm operator and there are
no other dwellings located on the parcel or parcels
covered by the farm management plan.
d. The dwelling will be located on the least productive
part of the parcel.
e. No further farm related dwellings will be allowed on
separate parcels, any portion of which makes up the
land area included in the farm management plan, as
evidenced by a restrictive covenant.
[B. Farm -Related Dwellings on a Lot Less than the Minimum
Lot Size. One single-family dwelling, including a
manufactured home in accordance with Section 18.116.070,
may be permitted on a pre-existing nonconforming lot as
defined in Section 18.04.030 and 18.120.020, subject to
the provisions of 18.16.040 and the following criteria:
a. The lot is currently employed for farm use where the
day to day activities are principally directed to
the farm use of the land.
b. The lot is of sufficient size to demonstrate
commercial production of food, fiber or livestock
using innovative and/or intensive farming practices
during at least two of the previous three years.
C. The growing season, soil, water and energy are
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 6
0-119-2049
adequate and available for the planned farm use.
d. The markets for the farm products are demonstrable.
e. The proposed dwelling on the lot will not adversly
affect adjacent and surrounding commercial
agricultural operations.
f. The proposed dwelling on the lot will not force a
significant change in or significantly increase the
cost of accepted farming practices on nearby
agricultural land.
g. The lot and the farm use on it are appropriate for
the continuation of the existing commercial
agricultural operations in the area.
h. The dwelling will be located on the least productive
part of the parcel.]
B. Secondary Accessory Farm Dwelling. A manufactured home
as a secondary accessory farm dwelling in accordance
with Section 18.116.070 may be permitted subject to the
following criteria:
a. An owner -occupied farm dwelling, consistent with
Section 18.16.050(A), must exist on the farm unit.
b. A secondary accessory farm dwelling is not permitted
on a parcel of less than 40 acres unless it is
demonstrated to the Planning Director or Hearings
Body that a smaller land unit is a commercial
agricultural enterprise.
C. No more than one secondary accessory farm dwelling
is permitted for each 40 acres of the farm unit.
d. The occupant of the manufactured home shall be an
employee of the farm owner or an immediate family
member engaged in the farm operation.
e. The manufactured home shall be considered a
temporary installation and permits for such shall be
renewable on an annual basis.
f. The manufactured home shall be removed from the
property if it is no longer needed for the operation
of the farm.
C. A Pre -Existing Dwelling as a Ranch Hand Residence may be
permitted subject to the following criteria:
a. The occupant of the dwelling shall be an employee of
the farm owner or an immediate family member engaged
in the farm operation.
b. The farm unit shall be a minimum of 40 acres unless
it is demonstrated to the Planning Director or
Hearings Body that a smaller land unit is a
commercial agricultural enterprise.
C. No more than one pre-existing dwelling may be
permitted as a ranch hand residence for each 40
acres of the farm unit.
D. Non-farm Dwelling. One single-family dwelling,
including a manufactured home in accordance with Section
8.116.070, not provided in conjunction with farm use may
be permitted on an existing lot or parcel subject to the
[provisions of Section 18.16.040 and the] following
criteria:
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 7
01,19-2041
a. The Planning Director or Hearings Body shall make
findings that the proposed non-farm dwelling:
1. Is compatible with farm uses described in ORS
215.203(2) and is consistent with the intent and
purpose set forth in ORS 215.243.
2. Does not interfere seriously with accepted
farming practices, as defined in ORS
215.203(2)(c), on adjacent lands devoted to farm
uses.
3. Does not materially alter the stability of the
overall land use pattern of the area.
4. Is situated on [land] an existing lot or parcel
generally unsuitable for the production of farm
crops and livestock, considering the terrain,
adverse soil or land conditions, drainage and
flooding, vegetation, location and size of the
tract.
5. Is not within one-quarter mile of a dairy farm,
feed lot, sales yard, slaughterhouse or poultry,
hog or mink farm, unless adequate provisions are
made and approved by the Planning Director or
Hearings Body for a buffer between such uses.
The establishment of a buffer shall be designed
based upon consideration of such factors as
prevailing winds, drainage, expansion potential
of affected agricultural uses, open space and
any other factor that may affect the livability
of the non-farm dwelling or the agriculture of
the area. (Ord. 91-020 ss 1, 1991)
[b. In addition to the above findings,the following
factors shall be considered when reviewing an
application for a non-farm dwelling:
1. Immediate and future impact on public services,
existing road systems, traffic demands and
irrigation distribution systems.
2. Soil type and its development limitations,
including susceptibility to slides, erosion,
flooding and drainage.
3. An adequate quantity and quality of water and
either subsurface or other sanitary disposal
system.]
b. Pursuant to ORS 215.236, a non-farm dwelling on a
lot or parcel in an Exclusive Farm Use zone that is
or has been receiving special assessment may be
approved only on the condition that before a
building permit is issued the applicant must produce
evidence from the County Assessor's Office that the
parcel upon which the dwelling is proposed has been
disqualified for special assessment at value for
farm use under ORS 308.370 or other special
assessment under ORS 308.765, 321.352, 321.730 or
321.815 and that any additional tax or penalty
imposed by the County Assessor as a result of
disqualification has been paid.
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 8
C. A parcel that has been disqualified forIYe—c?P x2
assessment at value for farm use pursuant to ORS
215.236(4) shall not requalify for special
assessment unless, when combined with another
contiguous parcel, it constitutes a qualifying
parcel. (Ord. 91-038 ss 2 and 3 1991)
18.16.055 Land Divisions
A. General. Divisions of land in the farm zone shall be
identified on the land division application as either a
farm division, nonfarm dwelling division, or a nonfarm
division.
B. Farm Divisions. Farm divisions shall be subject to the
minimum lot size requirements of Section 18.16.060(A)
and all applicable requirements of Title 17.
C. Nonfarm Dwelling Divisions.
a. Nonfarm dwelling land divisions shall be subiect to
the minimum lot size requirements of Section
18.16.060(B) and all applicable requirements of the
partition ordinances including the general partition
standards set forth in Chapter 17.28 and the Section
18.16.050(D) standards for nonfarm dwellings. Each
nonfarm dwelling land division application shall be
accompanied by an application fora dwelling on each
parcel to be created.
b. Nonfarm subdivisions are prohibited. No more than
three nonfarm parcels may be created from any one
parent parcels existing as of the effective date of
Ordinance 92-065.
D. Nonfarm Divisions other than Nonfarm Dwellings. Such
divisions shall be subject to the minimum lot size
requirements of Section 18.16.060(C) of this Chapter and
the applicable partitioning standards. including the
general partition standards set forth in Chapter 17.28,
the Subdivision and Partition Ordinance.
18.16.060 Dimensional Standards
A. The minimum [lot] parcel
[by partition] subject
County Code shall be
18.16.065, Subzones.[:
EFU-20 zone
EFU-40 zone
EFU-80 zone
size for farm parcels created
to Title 17 of the Deschutes
as specified under Section
20 acres
40 acres
80 acres
EFU-320 zone 320 acres]
[B. New farm parcels created by partition shall be
appropriate for the continuation of existing
agricultural enterprise in the area.]
B. The minimum lot size for nonfarm land divisions is 20
acres.
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 9
0.1 9-MAM
C. The minimum lot area for all non-farm uses permitted by
Section 18.16.030(E) through (DD) shall be that
determined by the Planning Director or Hearings Body to
carry out the intent and purposes of ORS Chapter 215,
this title and the Comprehensive Plan. In no case shall
lot area be less than one acre. (Ord. 91-020 ss 1, 1991)
D. Each lot shall have a minimum street frontage of 50
feet.
[E. The minimum average lot depth and width for new parcels
shall be:
EFU-20 zone 300 feet
EFU-40 zone 600 feet
EFU-80 zone 1000 feet
EFU-320 zone 2000 feet)
(Ord. 91-038 ss 1 and 2, 1991)
18.16.065 Subzones
A. Lower Bridge
a. Provosed farm divisions must result in varcels which
demonstrate the following characteristics or
capabilities:
1. 130 acres of irrigated land or 1991 assessed
farm use value of $31,850; or
2. Median irrigated acres or the equivalent
assessed farm use value (i.e., irrigated acres x
$245/acre) for commercial farms within a 2 -mile
radius as measured from parcel perimeter. To
qualify under this criterion parcels must
contain at least 48 irrigated acres.
b. Applications for farm dwellings on existing parcels
must meet one of the followinci:
1. The subject property contains at least 130
irrigated acres or has a 1991 assessed farm use
value of $31.850; or
2. The subject property contains the median
irrigated acres or has the equivalent assessed
farm use value (i.e., irrigated acres x
$245/acre) of commercial farms within a 2 -mile
radius as measured from parcel perimeter; or
3. The applicant demonstrates through a farm
management plan the ability of the parcel to
produce annual gross sales of $52,650 or
provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts
that together can meet the criteria in (b)(1),
above.
B. Sisters/Cloverdale.
a. Proposed farm divisions must result in varcels which
demonstrate the following characteristics or
capabilities:
1. 63 acres of irrigated land or 1991 assessed farm
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 10
0—IL 19-20 i4
use value of $14,931: or
2. Median irrigated acres or the equivalent
assessed farm use value (i.e., irrigated acres x
$237/acre) of commercial farms within a
half -mile radius as measured from parcel
Perimeter. To qualify under this criterion
parcels must contain at least 23 irrigated
acres.
b. Applications for farm dwellings on existing parcels
meet meet one of the following:
1. The subject property contains at least 63
irrigated acres or has a 1991 assessed farm use
value of $14,931; or
2. The subject property contains the median
irrigated acres or has the equivalent assessed
farm use value (i.e., irrigated acres x
$237facre) of commercial farms within a
half -mile radius as measured from parcel
perimeter: or
3. The applicant demonstrates through a farm
management plan the ability of the parcel to
produce annual dross sales of $22,680 or
provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts
that together can meet the criteria in (b)(1),
above.
C. Terrebonne.
a. Proposed farm divisions must result in parcels which
demonstrate the following characteristics or
capabilities:
1. 35 acres of irrigated land or 1991 assessed farm
use value of $8,365; or
2. Median irrigated acres or the equivalent
assessed farm use value (i.e., irrigated acres x
$239facre) of commercial farms within a
half -mile radius as measured from parcel
perimeter. Parcels which qualify under this
criterion must contain at least 23 irrigated
acres.
b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 35
irrigated acres or has a 1991 assessed farm use
value of $8,365; or
2. The subject property contains the median
irrigated acres or has the equivalent assessed
farm use value (i.e., irrigated acres x
$239/acre) of commercial farms within a
half -mile radius as measured from parcel
perimeter; or
3. The applicant demonstrates through a farm
management plan the ability of the parcel to
Chapter 18.16 - Exclusive Farm Use Zones
November 251 1992
Page 11
0-1
produce annual gross sales of $12,600 or
provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts
that together can meet the criteria in (b)(1),
above.
D. Tumalo/Redmond/Bend.
a. ProDosed farm divisions must result in parcels which
demonstrate the following characteristics or
capabilities:
1. 23 acres of irrigated land or 1991 assessed farm
use value of $5,451: or
2. Median irrigated acres or the equivalent
assessed farm use value (i.e.. irrigated acres x
$237/acre) for commercial farms within a
half mile radius as measured from parcel
perimeter. To qualify under this criterion
parcels must contain at least 18 irrigated
acres.
b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 23
irrigated acres or has a 1991 assessed farm use
value of $5,451; or
2. The subject property contains the median
irrigated acres or has the equivalent assessed
farm use value (i.e., irrigated acres x
$237/acre) of commercial farms within a
half -mile radius as measured from parcel
perimeter: or
3. The applicant demonstrates through a farm
management plan the ability of the parcel to
produce annual gross sales of $8,280 or provides
evidence that the parcel is part of a farm
operation made up of non-contiguous tracts that
together can meet the criteria in (b)(1), above.
E. Alfalfa
a. Proposed farm divisions must result in parcels which
demonstrate the following characteristics or
capabilities:
1. 36 irrigated acres or 1991 assessed farm use
value of $8,640: or
2. median irrigated acres or the equivalent
assessed farm use value (i.e.. irrigated acres x
$240jacre) of commercial farms within a
half -mile radius as measured from parcel
perimeter. To qualify under this criterion
parcels must contain at least 19 irrigated
acres.
b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 36
irrigated acres or has a 1991 assessed farm use
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 12
(� A
value of $8,640: or
2. The subject property contains the median
irrigated acres or the equivalent assessed farm
use value (i.e.. irrigated acres x $240/acre) of
commercial farms within a half -mile radius as
measured from parcel perimeter: or
3. The applicant demonstrates through a farm
management plan the ability of the parcel to
produce annual gross sales of $12,960 or
provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts
which together can meet the criteria in (b)(1),
above.
F. LaPine
a. Proposed farm divisions must result in parcels which
demonstrates the following characteristics or
capabilities:
1. 37 acres of irrigated land or 1991 assessed farm
use value of $11,570.
b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 37
irrigated acres or has a 1991 assessed farm use
value of $11,570; or
2. The applicant demonstrates through a farm
management plan the ability of the parcel to
produce annual gross sales of $10,710 or
provides evidence that the parcel is part of
farm operation made up of non-contiguous tracts
that together can meet the criteria in (b)(1),
above.
G. Horse Ridge East. Minimum parcel sizes for farm
divisions or for farm -related dwellings on existing
parcels is 320 acres.
18.16.067 Farm Management Plans
A. Contents. A farm management plan shall consist of
the following components:
1� A written description of existing and/or proposed
farm uses, including type of crops or livestock,
size and location of areas for each use, land or
soil preparation required.
1221 An assessment of the soils, climate and
irrigation on the parcel demonstrating that the
parcel is suitable for the current or proposed
use outlined in Section A(1).
131 A business plan, including a demonstration that
markets exist for the product; estimates of gross
sales or actual gross sales figures; estimated or
actual figures concerning necessary expenditures;
and a list of gARital expenditures incurred or
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 13
IM
C.
01-19-20/097
projected to be incurred in establishing the farm
use on the parcel.
-C4A A written description of the farm uses in the
area, including acreage, size and type of crop or
livestock raised showing that the proposed plan
is representative of similar farm uses, if any,
in the area and will not conflict with the
existing agriculture tyRgs.
(5) For farm uses not currently practiced in the
area, an analysis showing that the plan is
representative of the type of agriculture
proposed.
Conditional Apvrovals.
j 1A For purposes of land use approval, in instances
where at the time of application the subject land
is not currently in farm use, a farm management
plan will be deemed to demonstrate current
employment of the land for farm use if: (1) the
farm management plan establishes a level of
farming that constitutes a farm use; (2) the farm
management plan sets forth specific timelines for
the completion of capital improvements (barns,
fencinq,irrigation, etc.) and for the
establishment of the Rroposed farm use on the
parcel; and (3) land use approval is subject to a
condition that no building permit for the farm
dwelling can be issued prior to a determination
that pursuant to the farm management plan a farm
use has been established on the subject land.
121 For purposes of determining under this section
that a farm use has been established on the land,
the County shall determine that the farm
management plan has been implemented to the
extent that the farm may reasonably be expected
to achieve a dross farm sales figure equal to the
median gross sales figure for the subzone.
Tier 3 Review. For purposes of Tier 3 approvals, the
management plan shall be reviewed by a County
technical review committee. The report of the review
committee must be favorable.
18.16.070 Yards
A. The front yard setback from the property line shall
be a minimum of 100 feet if adjacent to an [intensive
agricultural use] EFU zone; otherwise, the front yard
shall be 80 feet [20 feet for property fronting on a
collector right-of-way and 80 feet from an arterial
right-of-way unless provisions for combining accesses
are approved by Deschutes County Public Works].
B. Each side yard shall be a minimum of 20 feet, except
that on corner lots or parcels, a side yard fronting
a street [and adjacent to an intensive agricultural
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 14
use) shall be a minimum of [30] 80 feet. For parcels
or lots with side yards adjacent to an [intensive
agricultural use] EFU zone, the [adjacent] side yard
shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except a
rear yard adjacent to an [intensive agricultural use)
EFU zone shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the
solar setback requirements in Section 18.116.180.
(Ord. 91-038 ss 1 and 2, 1991; Ord. 83-037 ss8, 1983)
18.16.080 Stream Setbacks
To permit better light, air, vision, stream pollution
control, protection of fish and wildlife areas and
preservation of natural scenic amenities and vistas along
streams and lakes, the following setbacks shall apply:
A. All sewage disposal installations, such as septic tanks
and septic drainfields, shall be set back from the
ordinary high water mark along all streams or lakes a
minimum of 100 feet, measured at right angles to the
ordinary high water mark. In those cases where practical
difficulties preclude the location of the facilities at a
distance of 100 feet and the County Sanitarian finds that
a closer location will not endanger health, the Planning
Director or Hearings Body may permit the location of
these facilities closer to the stream or lake, but in no
case closer than 25 feet.
B. All structures, buildings or similar permanent fixtures
shall be set back from the ordinary high water mark along
all streams or lakes a minimum of 100 feet measured at
right angles to the ordinary high water mark. (Ord.
91-038 ss 1 and 2, 1991; Ord. 91-020 ss 1, 1991)
18.16.090 Rimrock Setbacks
Notwithstanding the 1provisions of Section 18.16.070,
setbacks from rimrock shall be as provided in Section
18.116.160. (Ord. 91-038 ss 1 and 2, 1991; Ord. 86-053 ss 5,
1986)
/mjz
Chapter 18.16 - Exclusive Farm Use Zones
November 25, 1992
Page 15