Loading...
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 ) VOL5 Ic 111PAGE 5*- Rdt & 117980 H F�Ry P JT�S cou ;, so C1k17K 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 BOARD OF COMMISSIONERS C I N T W Q CL 0 - e o �l J I f i VOL 35 PAGE 586 F' C O Q� T o �o # ¢ v 'Pa 1�IW `o m PIC��V -. LU CC Q J SAC O � - � do Mood `V li ui 00 !, O r ,D �LLco �p a OC Z H- F- 0 = O i WX20 ` a W W _.. _._JS.2 _t ----y Z � m't oc Z m s N a w aS ui l ^ W W Z Q W Yd, h s0� a i T o �o # ¢ v 'Pa 1�IW `o m PIC��V -. LU CC Q J SAC O � - � do Mood `V li ui 00 !, O r ,D �LLco �p a OC Z H- F- 0 = O i WX20 ` a W W _.. _._JS.2 _t ----y Z � m't oc Z m s N a w aS ui l ^ W W Z Q W Yd, h s0� a �_- N -n _ 000�VOL w ui a i a Z uj x o � U 0 4 d! W _ � Y sr J 0 4, Goes LOgo C Gf O .r. Q Q _ of Q ��o z S O � G PM w � U - - -- - x - a o J w � 3 o G 2 Q ro u1K- I o W 0 Q a AiNnoo X3N8t1H fOOkea R�JE� HMY a. 3 e W 2