HomeMy WebLinkAboutInterim Agricultural Lands Protection Ordinance of 1978IN THE BOARD OF COUNTY COMMISSIONERS
OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter of Interim )
Agricultural Lands Protection )
Ordinance )
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INTERIM AGRICULTURAL LANDS
PROTECTION ORDINANCE
The County of Deschutes adopts the following Ordinance:
SECTION I. TITLE
This Ordinance shall be known as "Interim Agricultural Lands
Protection Ordinance."
SECTION II. PURPOSE
The purpose of this Ordinance is to define, to protect, to
promote and to encourage appropriate uses of agricultural lands in
Deschutes County until May 1, 1979, when Deschutes County adopts a
Comprehensive Plan and Zoning Amendments thereto in compliance with
State Agricultural Lands Goal No. 3.
SECTION III. SUBJECT LAND
A. All lands within Deschutes County as defined in Section V, (A)(B)(C)
and (D) of this Ordinance except the following:
1. All lands within City -County adopted Urban Growth Boundaries.
2. All lands within incorporated cities.
3. Forest lands included within any plan adopted by Deschutes
County pursuant to LCDC Goal No. 4.
4. Lands that have applied for Deschutes County approval or
partition request received by August 1, 1978.
SECTION IV. USE
A. Permitted uses of Agricultural land in Deschutes County shall be:
A
.Interim Agricultural Lands VOL 35 PACE 577
Protection Ordinance
Page 2
1. As used in this section, "farm use: means the current employment
of land, including that portion of such lands under buildings supporting
accepted farming practices for the purpose of attaining a profit in
money by raising, harvesting and selling crops; or by feeding, breeding,
management and sale of, or produce of livestock, poultry, fur -bearing
animals, honey bees; or for dairying in the sale of dairy products or any
other agricultural or horticultural use of animal husbandry or any con-
nection thereof. Permitted uses include preparation and storage of the
products raised on such land for animal and human use and disposal by
marketing or otherwise.
2. "Current employment" of land for farm use includes: (a) land
subject to the soil -bank provisions of the Federal Agricultural Act of
1956, as amended (P.L. 84-540, 70 Stat. 188); (b) land laying fallow
for one year as a normal and regular requirement of good agricultural
husbandry; and (c) land planted in orchards or other perennials prior
to maturity.
3. "Accepted Farming Practice" means a mode of operation that is
common to farms of a similar nature necessary for the operation of such
farms to obtain a profit in money and customarily in connection with
farm use.
B. The following non-farm uses will be permitted within farm zones:
1. Public or private shcools;
2. Churches;
3. The propagation or harvesting of a forest product;
4. Utility facilities necessary for public service except commercial
facilities for the purpose of generating power for public sale;
Interim Agricultural Lands "ypt 35 PAGES?$
,Protection Ordinance
Page 3
5. Each parcel shall be allowed one single-family dwelling or
other buildings and dwelling customarily provided for in conjunction with
"farm use," referred to in this Ordinance: and
6. Operations for the exploration of geothermal resources as
defined by ORS 522.005.
SECTION V. AGRICULTURAL LANDS -DEFINITION AND DIMENSIONS
A. Agricultural lands; Agricultural lands identified and shown on map
listed as exhibit 1.
B. Grazing lands are defined as meeting the following criteria:
1. All lands east of the line separating Range 14 E., W.M. and
Range 15 E., W.M., which are recognized as grazing lands shall have a
minimum parcel size of forty (40) acres and that portion of a road or
utility rights which would accrue to the parcel if the road or utility
rights were vacated shall be included in calculating the area of the parcel.
C. Primary Agricultural lands are defined as meeting the following
criteria:
1. Class I, II, III, IV, V, or VI soils as identified in the soil
capability classification system of the United States Soil Conservation
Service; and
2. Adequate water, defined as the right existing as of the date
of adoption of this Ordinance to the use of a natural body of water
either on or under the surface of the ground available for the diversion
of water therefrom and for application to beneficial use. The water may
be in motion such as in a channel of a water course, or in a stream of
rock or soil; or may be substantially at rest such as a lake or pond in
a ground water reservoir sufficient for annual crop production; and
3. Lying below 2,800 feet in elevation; and
4. A slope of seven percent (7%) or less.
N
Interim Agricultural Lands ypt 35 PACE 579
Protection Ordinance
Page 4
5. Said lands shall have a minimum parcel size of forty (40)
acres and that portion of a road or utility rights which would accrue to
the parcel if the road and utility rights were vacated shall be included
in calculating the area of the parcel.
D. Marginal Agricultural lands are defined as meeting the following
criteria:
1. Class I, II, III, IV, V, or VI soils identified in the soil
capability classification system of the United States Soil Conservation
Service; and
2. Adequate water, defined as the right existing as of the date
of adoption of this Ordinance to the use of a natural body of water either
on or under the surface of the ground available for the diversion of
water therefrom and for application to beneficial use. The water may be
in motion such as in a channel of water course or in a stratum of rock
or soil; or may be substantially at rest such as a lake or pond in a
ground water reservoir sufficient for annual crop production.
Said lands shall have a minimum parcel size of ten (10) acres and
that portion of a road or utility rights which would accrue to the
parcel if the road or utility rights were vacated shall be included in
calculating the area of that parcel.
E. Protective Farm lands are defined as meeting the following criteria;
1. All lands contiguous to Agricultural lands as defined in
Section V, (A) (B) and (C) of this Ordinance, for a distance of one-quarter
Interim Agricultural Lands
Protection Ordinance
Page 5
VOL 35 PAGE 580
mile including land in classes other than defined above which are
necessary to permit farm practices to be undertaken on adjacent land.
2. Said lands shall have a minimum parcel size of five (5) acres
and that portion of a road or utility rights which would accrue to the
parcel if the road and utility rights were vacated shall be included
in calculating the area of that parcel.
F. Mixed parcels are defined as meeting the following criteria:
1. In the event one parcel of land as defined in Section V, (A)
(B) and (C) of this Ordinance contains more than one type of agricultural
land as defined above, that parcel shall be classified as a unit. The
unit shall be classified in the same amnner as the majority of land in
the parcel.
SECTION VI. CONDITIONAL USE
A. The following non-farm uses may be established, subject to approval
of the governing body or its designate:
1. Commercial activities that are in conjunction with farm use;
2. Boarding of horses for profit;
3. Private parks, playgrounds, hunting and fishing preserves and
campgrounds;
4. Parks, playgrounds or community centers owned and operated by
a governmental agency or a non-profit community organization;
5. Golf courses;
6. Commercial utility facilities for the purpose of generating
power for use by sale;
7. Home occupations carried on by the resident as an accessory
within their dwelling or other buildings customarily provided in
I'terim Agricultural Lands VOL 35 PACE581
Frotection Ordinance
Page 6
junction with farm use, referred to in paragraph (a) of subsection (2)
of ORS 215.203;
8. 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 described
in this Ordinance. 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.
9. Cluster developments that are in conjunction with farm use,
subject to the following conditions, and to be restricted to marginal
agricultural lands;
a. The proposed non-farm use is compatible with the farm
uses described in this Ordinance;
b. The proposed non-farm use does not interfere seriously
with accepted farming practices as defined in this Ordinance on
adjacent land devoted to farm use;
c. The proposed non-farm use does not materially alter the
stability of the overall land use pattern of the area;
d. The proposed non-farm use 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, vegetation, location and size of the tract;
Interim Agricultural Lands VOL 35 PACE 582
Protection Ordinance
Page 7
e. No parcel of land affected by this Ordinance that is of
greater size than the minimum size allowed in Section V, (A)(B)(C)
or (D) above shall be allowed a total density of more than one
single-family residence per the minimum size as defined in Section
V, (A) (B) (C) or (D) above; and
f. The suitable land for the production of farm crops and
livestock shall remain in farm use.
10. Destination resorts as defined as internally contained
recreational areas, such as: Inn of the 7th Mountain, Black Butte Ranch,
Sunriver, and Donna Gills' Guest Ranch, etc.
SECTION VII. INTENTIONALLY OMITTED
SECTION VIII. EXCEPTIONS PROCEDURE
A. When, during the period that this Ordinance is in force, it appears
that it is not desirable to apply the provisions of the Ordinance to
specific properties or situation, the owner of record or any person who
has legal or equitable ownership in such property shall be entitled to
apply for an exception of his property from the provisions of this
Ordinance in the same manner and under the same statutory and ordinance
provisions as other land use applications are heard. The provisions of
Ordinance PL -9 and all requirements of notice and publication pertaining
to land use applications shall pertain also to exceptions applications
under this section.
B. Exceptions may be granted by the County if the land to be excepted
meets the following criteria:
1. There is a demonstrated need for the exception consistent
with LCDC goals.
VOL 35 PACE 583
Interim Agricultural Lands
Protection Ordinance
Page 8
2. No alternative suitable location for the requested use if
available.
3. The requested use is compatible with adjacent uses of related
agricultural land.
4. Class I, II, III, and IV soils will be retained in farm use.
5. The long-term environmental, economic, social, and energy
consequences to the locality, the region or the State from granting
an exception hereunder or permitting the alternative use will not be
detrimental.
6. Lands which have already been taken out of farm use, (e.g.,
subdivisions and/or conditional uses, industrial parks, destination
resorts such as: Inn of the 7th Mountain, Black Butte Ranch, Sunriver,
Donna Gills' Guest Ranch, etc.).
7. Applications for subdivisions which have been filed prior to
August 1, 1978.
8. All conditional uses which have been approved by the governing
body on or before August 1, 1978.
All lands excepted hereunder shall retain the classification
under which the use of such lands were governed prior to this Ordinance.
SECTION IX. APPEAL
Any affected or aggrieved party shall have a right to appeal the
decision of a Hearings Officer or the Planning Commission. Such appeal
shall be governed by the provisions of Deschutes County Ordinance PL -9.
SECTION X. SINGLE-FAMILY RESIDENTIAL USES
Single-family residential dwellings, not provided in conjunction
with farm use, may be established, subject to approval of the governing
body or its designate in any area zoned for exclusive farm use upon a
Interim Agricultural Lands
Protection Ordinance VOL 35 PAGE 584
Page 9
finding that each such proposed dwelling:
1. Is compatible with farm uses described in Section 8 of this
Ordinance and is consistent with the intent and purposes set forth in
ORS 215.243; and
2. Does not interfere seriously with accepted farming practices,
as defined in this Ordinance, on adjacent lands devoted to farm use; and
3. Does not materially alter the stability of the overall land
use pattern of the area; and
4. 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, vegetation, location and size of
the tract; and
5. Complies with such other conditions as the governing body or
its designate considers necessary.
SECTION XI. MISCELLANEOUS LANDS
Land not governed by the provisions of this Ordinance shall be
governed by the LCDC goals, State statutes, Comprehensive Plan and
County ordinances having the same use as was permitted under laws
existing prior to the adoption of this Ordinance.
SECTION XII. EXPIRATION DATE
This Ordinance expires and becomes null and void upon the adoption
by Deschutes County of a Comprehensive Plan and Zoning Amendments in
compliance with LCDC Goal No. 3 or on the lst day of May, 1979, which-
ever first occurs. The date upon which this Ordinance shall expire may
be extended by order of the Board of County Commissioners without further
amendment of this Ordinance, provided that notice thereof is published
at lease once in a newspaper of general circulation in the County not
Interim Agricultural Lands VOL
Protection Ordinance
Page 10
less than ten (10) days prior to the entry of the order.
SECTION XIII. DECLARATION OF EMERGENCY
35 PACE 535
This Ordinance being necessary to insure public welfare and to
meet an LCDC deadline, an emergency is declared to exist and this
Ordinance shall be effective immediately upon passage.
DATE of first reading: August 16, 1978.
DATE of second reading: August 30, 1978.
DATED this of , 1978.
Or
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