ZDO 401: Exclusive Farm Use District (EFU)

401.01 Purpose

Section 401 is adopted to implement the policies of the Comprehensive Plan for Agriculture areas.

401.02 Applicability

Section 401 applies to land in the Exclusive Farm Use (EFU) District.

401.03 Definitions

Unless specifically defined in Subsection 401.03 or in Section 202, Definitions, words or phrases used in Section 401 shall be interpreted to give them the same meaning as they have in common usage and to give Section 401 its most reasonable application.

Agricultural Land:
1. "Agricultural Land" as defined in Statewide Planning Goal 3 includes:
  1. Lands classified by the U.S. Natural Resources Conservation Service as predominantly Class I-IV soils;
  2. Land in other soil classes that is suitable for farm use as defined in ORS 215.203(2)(a), taking into consideration soil fertility; suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and energy inputs required; and accepted farming practices; and
  3. Land that is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands.
2. Land in capability classes other than I-IV that is adjacent to or intermingled with lands in capability classes I-IV within a farm unit, shall be inventoried as agricultural lands even though this land may not be cropped or grazed.
3. "Agricultural Land" does not include land within acknowledged urban growth boundaries or land within acknowledged exception areas for Statewide Planning Goal 3 or 4.
Commercial Agricultural Enterprise: 1. “Commercial Agricultural Enterprise” consists of farm operations that will: a. Contribute in a substantial way to the area's existing agricultural economy; and b. Help maintain agricultural processors and established farm markets. 2. When determining whether a farm is part of the commercial agricultural enterprise, not only what is produced, but how much and how it is marketed shall be considered. These are important factors because of the intent of Statewide Planning Goal 3 to maintain the agricultural economy of the state.
Commercial Farm: A farm unit with all of the following characteristics: 1. The land is used for the primary purpose of obtaining a profit in money from farm use; 2. The net income derived from farm products is significant; and 3. Products from the farm unit contribute substantially to the agricultural economy, to agricultural processors, and to farm markets.
Contiguous: Connected in such a manner as to form a single block of land.
Date of Creation and Existence: When a lot of record or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot of record or tract for the siting of a dwelling, the date of the reconfiguration is the date of creation or existence. Reconfigured means any change in the boundary of the lot of record or tract.
Dwelling: Except as allowed for an accessory farm dwelling pursuant to Subsection 401.05(C)(9), a dwelling is a detached single-family dwelling, a manufactured dwelling, or a prefabricated structure.
Exception Area: An area no longer subject to the requirements of Statewide Planning Goal 3 or 4 because the area is the subject of a site specific exception acknowledged pursuant to ORS 197.732 and OAR chapter 660, division 4.
Farm or Ranch Operator: A person who operates a farm or ranch, doing the work, and making the day-to-day decisions about such things as planting, harvesting, feeding, and marketing.
Farm or Ranch Operation: All lots of record in the same ownership that are used by the farm or ranch operator for farm use.
Farm Use: As defined in ORS 215.203. As used in the definition of "farm use" in ORS 215.203:
1. "Preparation" of products or by-products includes but is not limited to the cleaning, treatment, sorting, or packaging of the products or by-products; and
2. "Products or by-products raised on such land" includes:
  1. Products or by-products raised on the farm operation where the preparation occurs;
  2. Products or by-products raised on other farmland provided:
    1. The preparation is occurring only on a tract currently employed for a farm use or farm uses other than preparation; and
    2. Such products or by-products are prepared in the same facilities as and in conjunction with products or by-products raised on the farm operation where the preparation occurs.
High-Value Farmland: As defined in ORS 215.710 and OAR 660-033-0020(8).
Irrigated: Watered by an artificial or controlled means, such as sprinklers, furrows, ditches, or spreader dikes. An area or tract is “irrigated” if it is currently watered, or has established rights to use water for irrigation, including such tracts that receive water for irrigation from a water or irrigation district or other provider. An area or tract within a water or irrigation district that was once irrigated shall continue to be considered "irrigated" even if the irrigation water was removed or transferred to another tract.
NRCS Web Soil Survey: The official source of certified soils data available online that identifies agricultural land capability classes, developed and maintained by the Natural Resources Conservation Service as of January 1, 2016, for agricultural soils that are not high-value, and as of December 6, 2007, for high-value agricultural soils.
Tract: One or more contiguous lots of record under the same ownership.

401.04 Uses Permitted

Uses permitted in the EFU District are listed in Table 401-1, Permitted Uses in the EFU District.

As used in Table 401-1:
1. “A” means the use is an accessory use.
2. “C” means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
3. “HV” means high-value farmland.
4. “NA” means not applicable.
5. “NHV” means not high-value farmland.
6. “P” means the use is a primary use.
7. “Type I” means the use requires review of a Type I application, pursuant to Section 1307, Procedures.
8. “Type II” means the use requires review of a Type II application, pursuant to Section 1307, Procedures.
9. “Type III” means the use requires review of a Type III application, pursuant to Section 1307, Procedures.
10. “X” means the use is prohibited.
11. “X*” means the use is prohibited except as set forth in Subsection 401.05(I)(1).
12. Numbers in superscript correspond to the notes that follow Table 401-1.
Permitted uses are subject to the applicable provisions of Subsection 401.07; Section 1000, Development Standards; and Section 1100, Development Review Process. However, uses listed in ORS 215.283(1) are not subject to Section 1000.

Table 401-1: Permitted Uses in the EFU District

HV	LV	Farm and Forest Uses	Subject To
P	P	Farm use.	Marijuana production is subject to Section 841.
P	P	Other buildings customarily provided in conjunction with farm use
P	P	Propagation or harvesting of a forest product
C	C	A facility for the primary processing of forest products.	401.05(B)(3)
P,TYPE II	P,TYPE II	A facility for the processing of farm crops or the production of biofuel as defined in ORS 315.141 or an establishment for the slaughter or processing of poultry pursuant to ORS 603.038	401.05(B)(2) (3) & (4) Marijuana processing is also subject to Section 841.¹

HV	LV	Natural Resource Uses	Subject To
P	P	Creation of, restoration of, or enhancement of wetlands
P,TYPE II	P, TYPE II	The propagation, cultivation, maintenance, and harvesting of aquatic species that are not under the jurisdiction of the Oregon Fish and Wildlife Commission or insect species	401.05(A)(1) & (B)(5)

HV	LV	Residential Uses	Subject To
A	A	Uses and structures customarily accessory and incidental to a dwelling, only if a lawfully established dwelling exists
P,TYPE II²	P,TYPE II²	Alteration, restoration, or replacement of a lawfully established dwelling	401.05(A)(3) & (C)(1)
TYPE II	TYPE II	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. In order to meet the requirements specified in the statute, a historic dwelling shall be listed on the National Register of Historic Places.³	401.05(A)(3)
P, TYPE II⁴	P, TYPE II	Lot of record dwelling	401.05(A)(2), (3), (4) & (C)(2)
P,TYPE II	NA	Farm dwelling on high-value farmland³	401.05(A)(3) & (C)(3), (5), or (10)
NA	P, TYPE II	Farm dwelling not on high-value farmland³	401.05(A)(3) & (C)(4), (5), (6), or (10)
P, TYPE II	P, TYPE II	Nonfarm dwelling	401.05(A)(3), (4) & (C)(7)
A, TYPE II	A, TYPE II	Relative farm help dwelling³	401.05(A)(3) & (C)(8)
A, TYPE II	A, TYPE II	Accessory farm dwelling³	401.05(A)(3) & (C)(9)
A, TYPE II	A, TYPE II	Temporary dwelling for care	401.05(A)(1), (3) & (C)(11) & Subsection 1204.04
P, TYPE II	P, TYPE II	Room and board arrangements for a maximum of five unrelated persons in existing dwellings	401.05(A)(1) & (3)
P, TYPE II	P, TYPE II	Residential home as defined in ORS 197.660, in existing dwellings	401.05(A)(1) & (3)

HV	LV	Commercial Uses	Subject To
A	A	Family child care home
P, TYPE II	P, TYPE II	Child care facilities, preschool recorded programs, or school-age recorded programs that are authorized under ORS 329A.250 to 329A.450	401.05 (A)(1) & (D)(9)
P	P	Dog training classes	401.05(D)(5)
P	P	Dog testing trials	401.05(D)(6)
P, TYPE I	P, TYPE I	A license for an approved cider business, farm brewery, or winery to carry out the first six days of the 18-day limit for agri-tourism and other commercial events, subject to: ORS 215.451(6)(a) for a cider business; ORS 215.449(6)(a) for a farm brewery; and ORS 215.237 and 215.452(6)(a) for a winery
P, TYPE II	P, TYPE II	Farm stands	401.05(D)(7)
A, TYPE II	A, TYPE II	Home occupations	401.05(A)(1) & (D)(1) & Section 822
P, TYPE II	P, TYPE II	A landscape contracting business, as defined in ORS 671.520, or a business providing landscape 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	401.05(A)(1)
P, TYPE I	P, TYPE I	Expedited license for a single agri-tourism or other commercial event or activity that is related to and supportive of agriculture, subject to ORS 215.237 and 215.283(4)(b), (6)(a), and (6)(c)	401.05(D)(2)
P, TYPE II	P, TYPE II	Single agri-tourism or other commercial event or activity that is related to and supportive of agriculture, subject to ORS 215.237 and 215.283(4)(a), (6)(a), and (6)(c)	401.05(A)(1) & (D)(2)
P, TYPE II	P, TYPE II	Up to six agri-tourism or other commercial events or activities that are related to and supportive of agriculture, subject to ORS 215.237 and 215.283(4)(c) and (6)	401.05(A)(1) & (D)(2)
C	C	Up to 18 agri-tourism and other commercial events or activities that are related to and supportive of agriculture, subject to ORS 215.237 and 215.283(4)(d), (5), (6)(a), and (6)(c)	401.05(A)(1) & (D)(2)
P, TYPE II	P, TYPE II	A cider business as provided in ORS 215.451
P, TYPE II	P, TYPE II	A farm brewery as provided in ORS 215.449
P, TYPE II	P, TYPE II	A winery as described in ORS 215.452 or 215.453, and 215.237
P, TYPE	P, TYPE	A restaurant in conjunction with a winery as described in ORS 215.453 that is open to the public for more than 25 days in a calendar year or the provision of private events in conjunction with a winery as described in ORS 215.453 that occur on more than 25 days in a calendar year	401.05(A)(1)
II	II		401.05(A)(1)
P, TYPE II	P, TYPE II	A bed and breakfast facility as a home occupation in association with a cider	401.05(A)(1) & (D)(3)
P, TYPE II	P, TYPE II	business, farm brewery, or winery, subject to: ORS 215.448 and ORS 215.451(10) for a cider business; ORS 215.448 and ORS 215.449(10) for a farm brewery; and ORS 215.448 and either ORS 215.452 or 215.453, whichever is applicable, for a winery	401.05(A)(1) & (D)(3)
P, TYPE	P, TYPE	Cider business, farm brewery, or winery agri-tourism or other commercial events for days seven through 18 of the 18-day limit, subject to: ORS 215.451(6)(c) for a cider business; ORS 215.449(6)(c) for a farm brewery; and ORS 215.237 and 215.452(6)(c) for a winery
II	II
P, TYPE II	P, TYPE II	Equine and equine-affiliated therapeutic and counseling activities⁵	401.05(A)(1) & (D)(8)
P, Type II	P, Type II	Parking of no more than seven log trucks as provided in ORS 215.311	401.05(A)(1)
C	C	Home occupation to host events	401.05(A)(1) & (D)(1) & Section 806
C	C	Commercial activities in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203(2)(b)(K) or Subsection 401.05(B)(2) through (4)6	401.05(A)(1)
C	C	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	401.05(A)(1) & (D)(4)
C	C	Commercial dog boarding kennels	401.05(A)(1)
C	C	Dog training classes or testing trials that cannot be established under Subsection 401.05(D)(5) or (6)	401.05(A)(1)

HV	LV	Mineral, Aggregate, Oil, and Gas Uses	Subject To
P	P	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(1)(a) or (b).
P	P	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(1)(a) or (b).
C	C	Operations conducted for mining, crushing, or stockpiling of aggregate and other mineral and other subsurface resources subject to ORS 215.298	401.05(A)(1) & (E)(1)
C	C	Processing as defined by ORS 517.750 of aggregate into asphalt or Portland cement.	401.05(A)(1), (E)(1) & (2)
C	C	Processing of other mineral resources and other subsurface resources	401.05(A)(1) & (E)(1)
C	C	Operations conducted for 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 Section 401	401.05(A)(1) & (E)(1)

HV	LV	Transportation Uses	Subject To
P	P	Climbing and passing lanes within the right-of-way existing as of July 1, 1987
P	P	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 resulting in the creation of new land parcels
P	P	Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed
P	P	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 highways
P, TYPE II	P, TYPE II	Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels	401.05(A)(1)
P, TYPE II	P, TYPE II	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	401.05(A)(1)
P, TYPE II	P, TYPE II	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	401.05(A)(1)
C	C	Roads, highways and other transportation facilities, and improvements not otherwise allowed under Section 401	401.05(F)(1)
C	C	Personal-use airports for airplanes and helicopter pads, including associated hangar, maintenance, and service facilities	401.05(A)(1) &(F)(2)
C	C	Transportation improvements on rural lands as allowed by OAR 660-012-0065	401.05(A)(1)

HV	LV	Utility and Solid Waste Disposal Facility Uses	Subject To
P	P	Irrigation reservoirs, canals, delivery lines, and those structures and accessory operational facilities, not including parks or other recreational structures and facilities, associated with a district as defined in ORS 540.505
A	A	Solar energy systems
A	A	Rainwater collection systems
A	A	Electric vehicle charging stations for residents and their non-paying guests
See Table 835-1	See Table 835-1	The following types of wireless telecommunication facilities, subject to Section 835: level one collocations, level one placements on utility poles, and, provided that the wireless telecommunication facility includes a transmission tower over 200 feet in height, level two collocations
A	A	Utility facility service lines. Utility facility service lines are utility lines and accessory facilities 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 public right-of-way; land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or the property to be served by the utility.
P, TYPE II	P, TYPE II	Essential public communication services, as defined in Section 835, if they include a new transmission tower over 200 feet in height	401.05(A)(1)
P, TYPE II	P, TYPE II	Utility facilities necessary for public service, including associated transmission lines as defined in ORS 469.300 and 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. This category includes wireless telecommunication facilities not otherwise listed in Table 401-1, Permitted Uses in the EFU District.	401.05(G)(2)
P, TYPE II	P, TYPE II	Composting operations and facilities that are accepted farm practices in conjunction with and auxiliary to farm use on the subject tract	401.05(G)(3)
X*	C	Composting operations and facilities (other than those that are accepted farm practices in conjunction with and auxiliary to farm use on the subject tract)	401.05(A)(1) & Section 834
X*	C		401.05(A)(1) & Section 834
C	C	Transmission towers over 200 feet in height. Essential public communication services, as defined in Section 835, are excluded from this category, and towers supporting other types of wireless telecommunication facilities are subject to Section 835	401.05(A)(1)
C	C	Commercial utility facilities for the purpose of generating power for public use by sale, not including wind power generation facilities or photovoltaic solar power generation facilities or renewable energy facilities as defined in ORS 215.446	401.05(A)(1) & (G)(4)
C	C	Wind power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130(37)	401.05(A)(1)
C	C	Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130(38)	401.05(A)(1)
C	C	Renewable energy facilities as defined in and subject to ORS 215.446	401.05(A)(1)
X*	C	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 Environmental Quality together with equipment, facilities, or buildings necessary for its operation	401.05(A)(1)

HV	LV	Parks, Public, and Quasi-Public Uses	Subject To
P	P	Land application of reclaimed water, agricultural process or industrial process water, or biosolids for agricultural, horticultural, or forest production, or for irrigation in connection with a use allowed in the EFU zoning district, subject to the issuance of a license, permit, or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053, or 468B.055, or in compliance with rules adopted under ORS 468B.095
P	P	Onsite filming and activities accessory to onsite filming for 45 days or less
P, TYPE II	P, TYPE II	A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary	401.05(H)(1)
P, TYPE II	P, TYPE II	Public parks and playgrounds	401.05(A)(1), (5) & (H)(2)
P, TYPE II	P, TYPE II	Fire service facilities providing rural fire protection services
P, TYPE II	P, TYPE II	Community centers owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community	401.05(A)(1), (5) & (H)(3)
P, TYPE II	P, TYPE II	Living history museum	401.05(A)(1), (5) & (H)(4)
P, TYPE II	P, TYPE II	Firearms training facility as provided in ORS 197.770	401.05(A)(5)
P, TYPE II	P, TYPE II	Expansion of existing county fairgrounds and activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210	401.05(A)(1)
P, TYPE II	P, TYPE II	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	401.05(A)(1)
X*	P, TYPE II	Churches and cemeteries in conjunction with churches, consistent with ORS 215.441, which does not include private or parochial school education for prekindergarten through grade 12 or higher education	401.05(A)(5)
X*	P, TYPE II		401.05(A)(5)
C	C	Operations for the extraction and bottling of water	401.05(A)(1)
C	C	Onsite filming and activities accessory to onsite filming for more than 45 days as provided for in ORS 215.306	401.05(A)(1)
X*	C	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	401.05(A)(1) & (5)
P, TYPE II	P, TYPE II	Expansion of a public or private school established on or before January 1, 2009, or expansion of buildings essential to the operation of a public or private school established on or before January 1, 2009	401.05(I)(2) & (3)
X*	C	Private parks, playgrounds, hunting and fishing preserves, and campgrounds	401.05(A)(1), (5) & (H)(5) & (6)
X*	C	Golf courses	401.05(A)(1), (5) & (H)(7)
P	P	An outdoor mass gathering as defined in ORS 433.735, subject to ORS 433.735 to 433.770. However, an outdoor mass gathering permit under ORS 433.750 is not required for agri-tourism and other commercial events or activities permitted under ORS 215.283(4), 215.449, 215.451, and 215.452.
P, TYPE III	P, TYPE III	An outdoor mass gathering of more than 3,000 persons any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceeding that allowable for an outdoor mass gathering as defined in ORS 433.735, subject to ORS 433.763

¹The processing, compounding, or conversion of marijuana into cannabinoid extracts is prohibited.

² Type II review is required except as established by Subsection 401.05(C)(1)(h).

³ Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a dwelling. (See ORS 475C.489.)

⁴ A lot of record dwelling on high-value farmland consisting predominantly of Prime, Unique, Class I, or Class II Soils requires review of a Type III application pursuant to Section 1307, Procedures.

⁵ The use is prohibited in an urban or rural reserve established pursuant to OAR chapter 660, division 27.

⁶ A commercial activity carried on in conjunction with a marijuana crop is prohibited. (See ORS 475C.489.)

401.05 Approval Criteria for Specific Uses

The following criteria apply to some of the uses listed in Table 401-1, Permitted Uses in the EFU District. The applicability of a specific criterion to a listed use is established by Table 401-1.

General Criteria
1. Uses may be approved only where such uses:
  1. Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; and
  2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.
  3. For purposes of Subsections 401.05(A)(1)(a) and (b), a determination of forcing a significant change in accepted farm or forest practices on surrounding lands devoted to farm and forest use or a determination of whether the use will significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use requires:
  4. Identification and description of the surrounding lands, the farm and forest operations on those lands, and the accepted farm practices on each farm operation and the accepted forest practices on each forest operation;
  5. An assessment of the individual impacts to each farm and forest practice, and whether the proposed use is likely to have an important influence or effect on any of those practices; and
  6. An assessment of whether all identified impacts of the proposed use when considered together could have a significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an important influence or effect on that operation.
  7. For purposes of Subsection 401.05(A)(1)(c), examples of potential impacts for consideration may include but are not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding.
  8. For purposes of Subsections 401.05(A)(1)(a) and (b), potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under Subsections 401.05(A)(1)(a) and (b).
  9. In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the County may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in Subsections 401.05(A)(1)(a) and (b).
2. The NRCS Web Soil Survey shall be used to determine the soil classification and soil rating for a specific lot of record for a dwelling, with the following exceptions:
  1. For the purposes of approving a lot of record dwelling application on high-value farmland, the County may change the soil class, soil rating, or other soil designation of a specific lot of record if the property owner:
    1. Submits a statement of agreement from the NRCS that the soil class, soil rating or other soil designation should be adjusted based on new information; or
    2. Submits a report from a soils scientist whose credentials are acceptable to the Oregon Department of Agriculture that the soil class, soil rating, or other soil designation should be changed; and submits a statement from the Oregon Department of Agriculture that the Director of Agriculture or the director’s designee has reviewed the report and finds the analysis in the report to be soundly and scientifically based.
  2. For a nonfarm dwelling application, more detailed data on soil capability than is contained in the USDA Natural Resources Conservation Service (NRCS) soil maps and soil surveys may be used to define agricultural land. However, the more detailed soils data shall be related to the NRCS land capability classification system. i. If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the NRCS, would assist the County to make a better determination of whether land qualifies as agricultural land, the person must request that the Oregon Department of Land Conservation and Development arrange for an assessment of the capability of the land by a professional soil classifier who is chosen by the person, using the process described in OAR 660-033-00
3. The landowner for the dwelling shall sign and record in the County deed records a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937.
4. An approval to construct a dwelling may be transferred to any other person after the effective date of the land use decision.
5. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved in connection with the use within three miles of an urban growth boundary, unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 4, or unless the structure is described in a master plan adopted under the provisions of OAR chapter 660, division 34. a. Any enclosed structures or group of enclosed structures described in Subsection 401.05(A)(5) within a tract must be separated by at least one-half mile. For purposes of Subsection 401.05(A)(5), “tract” means a tract as defined by Subsection 401.03(N) that was in existence as of June 17, 2010. b. Existing facilities wholly within a farm use zone may be maintained, enhanced, or expanded on the same tract, subject to other requirements of law, but enclosed existing structures within a farm use zone within three miles of an urban growth boundary may not be expanded beyond the requirements of Subsection 401.05(A)(5).
Farm/Forest Resource Uses and Natural Resource Uses
1. A facility for the primary processing of forest products shall not seriously interfere with accepted farming practices and shall be compatible with farm uses described in ORS 215.203(2). Such facility may be approved for a one-year period that is renewable and is intended to be only portable or temporary in nature. The primary processing of a forest product, as used in Subsection 401.05(B)(1) 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 Subsection 401.05(B)(1) means timber grown upon a tract where the primary processing facility is located.
2. A facility for the processing of farm products shall: a. Use less than 10,000 square feet for its processing area and comply with all applicable siting standards, but the siting standards may not be applied in a manner that prohibits the siting of a facility for the processing of farm products; or b. Notwithstanding any applicable siting standard, use less than 2,500 square feet for its processing area. However, applicable standards and criteria pertaining to floodplains, geologic hazards, airport safety, and fire siting standards shall apply.
3. Any division of a lot of record that separates a facility for the processing of farm products from the farm operation on which it is located is prohibited.
4. As used in Subsections 401.05(B)(2) and (3), the following definitions apply:
  1. “Facility for the processing of farm products” means a facility for: a. Processing farm crops, including the production of biofuel as defined in ORS 315.141, if at least one-quarter of the farm crops come from the farm operation containing the facility; or b. Slaughtering, processing, or selling poultry or poultry products, rabbits or rabbit products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2).
  2. “Processing area” means the floor area of a building dedicated to farm product processing. “Processing area” does not include the floor area designated for preparation, storage, or other farm use.
5. Insect species shall not include any species under quarantine by the Oregon Department of Agriculture or the United States Department of Agriculture.
Residential Uses
1. A lawfully established dwelling may be altered, restored, or replaced if:
  1. The dwelling to be altered, restored or replaced has, or formerly had, the following features. “Formerly had” means that the dwelling possessed all the listed features within three years prior to the date an application is submitted for a replacement dwelling. i. Intact exterior walls and roof structure; ii. Indoor plumbing consisting of a kitchen sink, toilet, and bathing facilities connected to a sanitary waste disposal system; iii. Interior wiring for interior lights; and iv. A heating system; and
  2. The dwelling to be altered, restored, or replaced meets one of the following conditions: i. Unless the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation since the later of: A) Five years before the date of the application; or B) The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment. ii. If the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and since the later of: A) Five years before the date of the destruction or demolition; or B) The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment.
  3. For replacement of a lawfully established dwelling, the dwelling to be replaced must be removed, demolished, or converted to an allowable nonresidential use within three months from the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 or, in the case of a manufactured dwelling, within three months after the date of final inspection by County Building Codes;
  4. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot of record that is not zoned EFU, the applicant shall execute and cause to be recorded in the County deed records a deed restriction prohibiting the siting of another dwelling on that portion of the lot of record. The restriction imposed is irrevocable unless the Planning Director places a statement of release in the County deed records to the effect that the provisions of ORS 215.283 and 215.291 regarding replacement dwellings have changed to allow the lawful siting of another dwelling.
  5. A replacement dwelling must:
  i. Be sited on the same lot of record as the dwelling it is replacing; and ii. Comply with all applicable siting standards; however, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
  1. Construction of the replacement dwelling must commence no later than four years after the approval of the replacement dwelling application becomes final.
  2. If an applicant is granted a deferred replacement permit:
  i. The deferred replacement permit does not expire but, notwithstanding Subsection 401.05(C)(1)(c), the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and the deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. ii. 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.
  1. The alteration, restoration, or replacement of a lawfully established dwelling requires review as a Type II application pursuant to Section 1307, Procedures, unless the dwelling to be altered, restored, or replaced:
    1. Is the only dwelling on the lot of record other than a temporary dwelling approved pursuant to Section 1204, Temporary Permits, or a relative farm help or accessory farm dwelling approved pursuant to Subsection 401.05(C)(8) or (9), respectively;
    2. Currently has the features listed in Subsection 401.05(C)(1)(a); and
    3. Was lawfully established as demonstrated by:
    4. An issued County building or manufactured dwelling placement permit approved by the Planning Director; or
    5. Assessment records of the County Department of Assessment and Taxation that demonstrate that the dwelling was constructed before the application to the subject property of the first farm, forest, or mixed farm and forest zoning district that restricted the development of dwellings.
2. Lot of record dwelling: A lot of record dwelling is allowed subject to the following criteria:
  1. The unit of land on which the dwelling will be sited is a lot of record.
  2. The lot of record has been under the continuous ownership of the present owner who either:
    1. Acquired the lot of record prior to January 1, 1985, or
    2. Acquired the lot of record by devise or intestate succession from a person who had continuously owned the property since prior to January 1, 1985.
    iii. As used in Subsection 401.05(C)(2)(b), “owner” includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law,
    1. daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner, or a business entity owned by any one or a combination of these family members.
  3. The tract on which the dwelling will be sited does not include a dwelling.
  4. If the lot of record on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot of record that was part of that tract.
  5. The proposed dwelling is not prohibited by, and will comply with, the requirements of the Comprehensive Plan, this Ordinance, and other provisions of law.
  6. When the lot of record on which the dwelling will be sited is part of a tract, the remaining portions of the tract are consolidated into a single lot of record when the dwelling is allowed.
  7. The dwelling either will not seriously interfere with the preservation of big game winter range areas identified on Comprehensive Plan Map III-2, Scenic and Distinctive Resource Areas, or can be adequately mitigated. Estimated impacts and appropriate mitigation measures shall be submitted by the applicant and based on the best available data and assessment methods from the appropriate agency. The Oregon Department of Fish and Wildlife (ODFW) suggests to the County that in the absence of mitigation measures, winter range is seriously impacted by residential densities which exceed one unit per 80 acres or one unit per 40 acres, if clustered within 200 feet.
  8. The County Assessor shall be notified that the County intends to allow the dwelling.
  9. If the subject property is high-value farmland predominantly composed of Class III and IV Soils, provided they are not Prime or Unique Soils:
    1. The tract is 21 acres or less in size; and
    2. The tract is bordered on at least 67 percent of its perimeter by tracts that are smaller than 21 acres, and at least two such tracts had dwellings on January 1, 1993; or
    3. The tract is not a flaglot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary; or
    4. The tract is a flaglot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract and on the same side of the public road that provides access to the subject tract. The center of the subject tract is the geographic center of the flaglot if the applicant makes a written request for that interpretation and that interpretation does not cause the center to be located outside the flaglot. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary.
    5. As used in Subsection 401.05(C)(2)(i)(iii) and (iv), “flaglot” means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract.
    6. As used in Subsection 401.05(C)(2)(i)(iv), “geographic center of the flaglot" means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flaglot, at a 90-degree angle to the side, and the second line crosses the midpoint of the longest adjacent side of the flaglot.
  10. If the subject lot of record is high-value farmland consisting predominantly of Prime, Unique, Class I, or Class II Soils:
    1. The lot of record cannot practicably be managed for farm use, by itself or in conjunction with other land, due to extraordinary circumstances inherent in the land or its physical setting that do not apply generally to other land in the vicinity. This criterion asks whether the subject lot of record can be physically put to farm use without undue hardship or difficulty because of extraordinary circumstances inherent in the land or its physical setting. Neither size alone nor a lot of record’s limited economic potential demonstrates that a lot of record cannot be practicably managed for farm use. Examples of “extraordinary circumstances inherent in the land or its physical setting” include very steep slopes, deep ravines, rivers, streams, roads, railroads or utility lines or other similar natural or physical barriers that by themselves or in combination separate the subject lot of record from adjacent agricultural land and prevent it from being practicably managed for farm use by itself or together with adjacent or nearby farms. A lot of record that has been put to farm use despite the proximity of a natural barrier or since the placement of a physical barrier shall be presumed manageable for farm use.
    2. The dwelling will comply with Subsection 401.05(A)(1).
    3. The dwelling will not materially alter the stability of the overall land use pattern in the area as determined by applying the standards set forth in Subsection 401.05(C)(7)(d).
3. Farm dwelling on high-value farmland: If the subject property is high-value farmland, a farm dwelling is allowed subject to the following criteria:
  1. The subject tract is currently employed for the farm use on which the farm operator earned at least $80,000 in gross annual income from the sale of farm products in each of the last two years or three of the last five years, or in an average of three of the last five years;
  2. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on lands designated for exclusive farm use pursuant to ORS chapter 215 or for mixed farm/forest use pursuant to OAR 660-006-0057 owned by the farm or ranch operator or on the farm or ranch operation.
  3. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in Subsection 401.05(C)(3)(a);
  4. In determining the gross income required by Subsection 401.05(C)(3)(a):i. The cost of purchased livestock shall be deducted from the total gross income attributed to the farm or ranch operation; ii. Only gross income from land owned, not leased or rented, shall be counted; and iii. Gross farm income earned from a lot of record that has been used previously to qualify another lot of record for the construction or siting of a primary farm dwelling may not be used.
  5. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirement.
  6. Only a lot of record zoned for farm use in Clackamas County or contiguous counties may be used to meet the gross income requirements. However, when a farm or ranch operation has lots of record in both Western and Eastern Oregon, as defined by OAR 660-033-0020, lots of record in Eastern Oregon may not be used to qualify a dwelling.
  7. Prior to final approval for a dwelling, a covenants, conditions, and restrictions form shall be recorded in the deed records of Clackamas County and any other county where the property subject to the covenants, conditions, and restrictions is located. The covenants, conditions, and restrictions shall be recorded for each lot of record subject to the application for the primary farm dwelling and shall preclude:
    1. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary dwellings for care, or replacement dwellings allowed by ORS chapter 215; and
    2. The use of any gross farm income earned on the lots of record to qualify another lot of record for a primary farm dwelling.
  8. The covenants, conditions, and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.
  9. Enforcement of the covenants, conditions and restrictions may be undertaken by the Department of Land Conservation and Development or by the county or counties where the property subject to the covenants, conditions, and restrictions is located.
  10. The failure to follow the requirements of Subsection 401.05(C)(3)(g) shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property that is subject to the covenants, conditions, and restrictions required by Subsection 401.05(C)(3)(g).
4. Farm dwelling not on high-value farmland: If the subject property is not high-value farmland, a farm dwelling is allowed subject to the following criteria:
  1. The subject tract is currently employed for the farm use on which, in each of the last two years or three of the last five years, or in an average of three of the last five years, the farm operator earned the lower of the following: i. At least $40,000 in gross annual income from the sale of farm products; or ii. Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the county with gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon.
  2. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on lands designated for exclusive farm use pursuant to ORS chapter 215 or for mixed farm/forest use pursuant to OAR 60-006-0057 owned by the farm or ranch operator or on the farm or ranch operation.
  3. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in Subsection 401.05(C)(4)(a).
  4. In determining the gross income required by Subsection 401.05(C)(4)(a): i. The cost of purchased livestock shall be deducted from the total gross income attributed to the farm or ranch operation. ii. Only gross income from land owned, not leased or rented, shall be counted. iii. Gross farm income earned from a lot of record that has been used previously to qualify another lot of record for the construction or siting of a primary farm dwelling may not be used.
  5. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirement.
  6. Only lots of record zoned for farm use in Clackamas County or contiguous counties may be used to meet the gross income requirements. However, when a farm or ranch operation has lots of record in both Western and Eastern Oregon, as defined by OAR 660-033-0020, lots of record in Eastern Oregon may not be used to qualify a dwelling.
  7. Prior to final approval for a dwelling, a covenants, conditions, and restrictions form shall be recorded in the deed records of Clackamas County and any other county where the property subject to the covenants, conditions, and restrictions is located. The covenants, conditions, and restrictions shall be recorded for each lot of record subject to the application for the primary farm dwelling and shall preclude:i. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary dwellings for care, or replacement dwellings allowed by ORS chapter 215; and ii. The use of any gross farm income earned on the lots of record to qualify another lot of record for a primary farm dwelling.
  8. The covenants, conditions, and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.
  9. Enforcement of the covenants, conditions and restrictions may be undertaken by the Department of Land Conservation and Development or by the county or counties where the property subject to the covenants, conditions, and restrictions is located.
  10. The failure to follow the requirements of Subsection 401.05(C)(4)(g) shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property that is subject to the covenants, conditions, and restrictions required by Subsection 401.05(C)(4)(g).
5. Farm dwelling: A farm dwelling is allowed subject to the following criteria:
  1. The subject tract will be employed as a commercial dairy.
  2. The dwelling is sited on the same lot of record as the buildings required by the commercial dairy.
  3. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
  4. The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking, or pasturing of the dairy animals or other farm use activities necessary to the operation of the commercial dairy farm.
  5. The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and
  6. The Oregon Department of Agriculture has approved the following:
    1. A permit for a “confined animal feeding operation” under ORS 468B.050 and 468B.200 to 468B.230; and
    2. A Producer License for the sale of dairy products under ORS 621.072.
  7. As used in Subsection 401.05(C)(5), a "commercial dairy farm" is a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by Subsection 401.05(C)(3)(a) or (4)(a), whichever is applicable, from the sale of fluid milk.
6. Farm dwelling not on high-value farmland: If the subject property is not high-value farmland, a farm dwelling is allowed subject to the following criteria:
  1. The lot of record on which the dwelling will be located is at least 160 acres.
  2. The subject tract is currently employed for farm use.
  3. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the subject tract, such as planting, harvesting, marketing, or caring for livestock, at a commercial scale.
  4. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
7. Nonfarm dwelling: A nonfarm dwelling is allowed subject to the following criteria:
  1. The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming or forest practices on nearby lands devoted to farm or forest use;
  2. The dwelling will be sited on a lot of record that is predominantly composed of Class IV through VIII soils that would not, when irrigated, be classified as prime, unique, Class I or II soils;
  3. The dwelling will be sited on a lot of record created before January 1, 1993.
  4. The dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the County shall consider the cumulative impact of possible new nonfarm dwellings and parcels on other lots of record in the area similarly situated. To address this standard, the following shall be done:
    1. Identify a study area for the cumulative impacts analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 acres, if the smaller area is a distinct agricultural area based on topography, soils types, land use pattern, or the type of farm or ranch operations or practices that distinguish it from other, adjacent agricultural areas. Findings shall describe the study area, its boundaries, the location of the subject parcel within this area, why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or nonresource uses shall not be included in the study area;
    2. Identify within the study area the broad types of farm uses (irrigated or nonirrigated crops, pasture, or grazing lands), the number, location, and type of existing dwellings (farm, nonfarm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of nonfarm/lot-of-record dwellings that could be approved under Subsections 401.05(C)(2) and (7), including identification of predominant soil classifications, the parcels created prior to January 1, 1993, and the parcels larger than the minimum lot size that may be divided to create new parcels for nonfarm dwellings under ORS 215.263(4). The findings shall describe the existing land use pattern of the study area including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible nonfarm dwellings under Subsection 401.05(C)(7)(d)(ii); and
    3. Determine whether approval of the proposed nonfarm dwelling together with existing nonfarm dwellings will materially alter the stability of the land use pattern in the area. The stability of the land use pattern will be materially altered if the cumulative effect of existing and potential nonfarm dwellings will make it more difficult for the existing types of farms in the area to continue operation due to diminished opportunities to expand, purchase or lease farmland, acquire water rights or diminish the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area.
  5. The dwelling shall comply with such other conditions as the County considers necessary.
  6. If the subject lot of record is, or has been, receiving special assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855, the applicant shall notify the County Assessor that the lot of record is no longer being used as farmland or for other specially assessed uses under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855; request that the County Assessor disqualify the lot of record from special assessment under ORS 308A.050 to 308A.128, 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855; and pay any additional tax imposed upon disqualification from special assessment. Prior to Planning Director approval of a building or manufactured dwelling placement permit, the applicant shall provide evidence that the subject lot of record has been disqualified for special assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855 and any additional tax imposed as the result of disqualification has been paid.
8. Relative farm help dwelling: A relative farm help dwelling is allowed subject to the following criteria:
  1. The dwelling must be occupied by relatives whose assistance in the management and farm use of the existing commercial farming operation is required by the farm operator. The farm operator must continue to play the predominant role in the management and farm use of the farm. i. “Relative” means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew, or first cousin of the farm operator or the farm operator’s spouse. ii. “Assistance in the management and farm use” means performing functions such as planting, harvesting, marketing, or caring for livestock. iii. “Required” means the size, type, and intensity of the farm operation must be used to evaluate the need for the dwelling.
  2. The dwelling must be located on the same lot of record as the dwelling of the farm operator and must be on real property used for farm use.
  3. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel requirements under ORS 215.780, if the owner of a relative farm help dwelling obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured 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. Prior conditions of approval for the subject land and dwelling remain in effect. i. “Foreclosure” means only those foreclosures that are exempt from partition under ORS 92.010(9)(a).
9. Accessory farm dwelling: An accessory farm dwelling is allowed subject to the following criteria:
  1. The accessory farm dwelling must be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing, or caring for livestock, is or will be required by the farm operator.
  2. The accessory farm dwelling must be located: i. On the same lot of record as the primary farm dwelling; ii. On the same tract as the primary farm dwelling when the lot of record on which the accessory farm dwelling will be sited is consolidated into a single lot of record with all other contiguous lots of record in the tract; iii. On a lot of record on which the primary farm dwelling is not located, when the accessory farm dwelling is a manufactured dwelling with a deed restriction. The deed restriction shall be signed and recorded in the County deed records and require the manufactured dwelling to be removed when the lot of record is conveyed to another party. The manufactured dwelling may remain if it is reapproved pursuant to Section 401; iv. On any lot of record, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code or similar types of farmworker housing as that existing on farm or ranch operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. All accessory farm dwellings approved under Subsection 401.05(C)(9)(b)(iv) shall be removed, demolished, or converted to a nonresidential use when farmworker housing is no longer required. “Farmworker housing” shall have the meaning set forth in ORS 215.278 and not the meaning in ORS 315.163. v. On a lot of record on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot of record of at least 80 acres and the lot of record complies with the gross farm income requirements of Subsection 401.05(C)(9)(e)(i) or 401.05(C)(9)(e)(ii), whichever is applicable.
  3. There is no other dwelling on the lands designated for exclusive farm use owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling.
  4. The primary farm dwelling to which the proposed dwelling would be accessory must meet one of the following:
    1. On land not identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use on which, in each of the last two years or three of the last five years or in an average of three of the last five years, the farm operator earned the lower of the following: at least $40,000 in gross annual income from the sale of farm products, or gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with the gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon; or
    2. On high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use on which the farm operator earned at least $80,000 in gross annual income from the sale of farm products in each of the last two years or three of the last five years or in an average of three of the last five years; or
    3. It is located on a commercial dairy farm as defined by OAR 660-033-0135(8); and the building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm; and the Oregon Department of Agriculture has approved a permit for a "confined animal feeding operation" under ORS 468B.050 and 468B.200 to 468B.230 and a Producer License for the sale of dairy products under ORS 621.072.
  5. In determining the gross annual income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract.
  6. An accessory farm dwelling approved pursuant to Subsection 401.05(C)(9) cannot later be used to satisfy the requirements for a dwelling not provided in conjunction with farm use pursuant to Subsection 401.05(C)(7).
  7. For the purposes of Subsection 401.05(C)(9), "accessory farm dwelling" includes all types of residential structures allowed by the applicable state building code.
  8. Accessory farm dwellings destroyed by a wildfire identified in an Executive Order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610 may be replaced. The temporary use of modular structures, manufactured housing, fabric structures, tents, and similar accommodations is allowed until replacement under Subsection 401.05(C)(9)(h) occurs.
  9. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirements in Subsection 401.05(C)(9)(d)(i) or (ii), whichever is applicable.
10. Farm dwelling: A farm dwelling is allowed subject to the following criteria:
  1. Within the previous two years, the applicant owned and operated a different farm or ranch operation that earned the gross farm income in each of the last five years or four of the last seven years as required by Subsection 401.05(C)(3)(a) or (4)(a), whichever is applicable.
  2. The subject lot of record on which the dwelling will be located is: i. Currently employed for the farm use that produced in each of the last two years or three of the last five years, or in an average of three of the last five years the gross farm income required by Subsection 401.05(C)(3)(a) or (4)(a), whichever is applicable; and ii. At least 80 acres.
  3. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
  4. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in Subsection 401.05(C)(10)(a).
  5. In determining the gross income required by Subsections 401.05(C)(10)(a) and (b)(i):
    1. The cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and
    2. Only gross income from land owned, not leased or rented, shall be counted.
  6. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirement.
11. One manufactured dwelling, residential trailer, or recreational vehicle, 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. “Relative” means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew, or first cousin. Within three months of the end of the hardship, the manufactured dwelling, residential trailer, or recreational vehicle shall be removed or demolished. Department of Environmental Quality review and removal requirements also apply. A temporary residence approved under Subsection 401.05(C)(11) is not eligible for replacement under Subsection 401.05(C)(1).
Commercial Uses
1. Home occupations:
  1. The home occupation shall not unreasonably interfere with other uses permitted in the EFU District and shall not be used as justification for a zone change.
  2. A use provided in OAR 660-033-0120 may only be approved as a home occupation if:
    1. The scale and intensity of the use is no more intensive than the limitations and conditions otherwise specified for the use in OAR 660-033-0120; and
    2. The use is accessory, incidental, and subordinate to the primary residential use of a dwelling on the property.
2. Agri-tourism and other commercial events or activities that are related to and supportive of agriculture:
  1. A determination under ORS 215.283(4) that an event or activity is ‘incidental and subordinate’ requires consideration of any relevant circumstances, including the nature, intensity, and economic value of the respective farm and event uses, that bear on whether the existing farm use remains the predominant use of the tract.
  2. A determination under ORS 215.283(4)(d)(A) that an event or activity is ‘necessary to support’ either the commercial farm uses or commercial agricultural enterprises in the area means that the events are essential in order to maintain the existence of either the commercial farm or the commercial agricultural enterprises in the area.
3. A cider business, farm brewery, or winery bed and breakfast facility as a home occupation subject to ORS 215.448, on the same tract as the approved cider business, farm brewery, or winery and in association with that cider business, farm brewery, or winery, and the following:
  1. May prepare and serve two meals per day to registered guests of the bed and breakfast facility; and
  2. Meals may be served at the bed and breakfast facility or at the cider business, farm brewery, or winery.
4. Aerial fireworks display business: As part of the conditional use approval process for an aerial fireworks display business, for the purpose of verifying the existence, continuity, and nature of the business, representatives of the business may apply to the County and submit evidence including, but not limited to, sworn affidavits or other documentary evidence that the business qualifies. An aerial fireworks display business may be altered, restored, or replaced pursuant to Section 1206, Nonconforming Uses and Vested Rights.
5. Dog training classes conducted outdoors or in farm buildings that existed on January 1, 2019, when:
  1. The number of dogs participating in training does not exceed 10 per training class; and
  2. The number of training classes to be held on-site does not exceed six per day.
6. Dog testing trials conducted outdoors or in farm buildings that existed on January 1, 2019, when:
  1. The number of dogs participating in a testing trial does not exceed 60; and
  2. The number of testing trials to be conducted on-site does not exceed four per calendar year.
7. A farm stand is allowed if:
  1. The structures are designed and used for sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in Oregon, 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 sales of the incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and
  2. The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings, or public entertainment.
  3. As used in Subsection 401.05(D)(7), “farm crops or livestock” includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in Oregon. As used in Subsection 401.05(D)(7)(c), “processed farm crops and livestock” includes jams, syrups, apple cider, animal products, and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items.
  4. A farm stand may not be used for the sale, or to promote the sale, of marijuana products or extracts.
  5. At the request of the County, the farm stand operator shall submit to the County evidence of compliance with the annual sales requirement of Subsection 401.05(D)(7)(a). Such evidence shall consist of an IRS tax return transcript and any other information the County may require to document ongoing compliance with Subsection 401.05(D)(7) or any other condition of approval required by the County.
8. Equine and equine-affiliated therapeutic and counseling activities, provided: a. The activities must be conducted in existing buildings that were lawfully constructed on the property before January 1, 2019, or in new buildings that are accessory, incidental, and subordinate to the farm use on the tract; and b. All individuals conducting therapeutic or counseling activities must act within the proper scope of any licenses required by the state.
9. Child care facilities, preschool recorded programs, or school-age recorded programs, provided: a. They are primarily for the children of residents and workers of the rural area in which the facility or program is located; and b. The use is colocated with a community center or a public or private school allowed under Section 401. “Colocated” means located on the same lot of record.
Mineral, Aggregate, Oil, and Gas Uses
1. Pursuant to ORS 215.298 a land use permit is required for mining more than 1000 cubic yards of material or excavation preparatory to mining of a surface area of more than one acre. A permit for mining of aggregate shall be issued only for a site included on an inventory acknowledged in the Comprehensive Plan.
2. New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed.
Transportation Uses
1. Roads, highways and other transportation facilities, and improvements not otherwise allowed under Section 401 may be established, subject to the adoption of an exception to Statewide Land Use Planning Goal 3, Agricultural Lands, and to any other applicable goal with which the facility or improvement does not comply. In addition, transportation uses and improvements may be authorized under conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065.
2. A personal-use airport 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 allowed 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 allowed subject to any applicable rules of the Oregon Department of Aviation.
Utility/Solid Waste Disposal Facility Uses
1. Wind energy power production systems as an accessory use, provided:
  1. The system is not a commercial power generating facility;
  2. No turbine has an individual rated capacity of more than 100kW, nor does the cumulative total rated capacity of the turbines comprising the installation exceed 100 kW;
  3. The system complies with the Oregon Department of Environmental Quality noise standards otherwise applicable to commercial and industrial uses for quiet areas, measured at the nearest property line of the noise-sensitive use. This may be demonstrated through information provided by the manufacturer;
  4. The system is prohibited if tower lighting for aviation safety is required;
  5. The system will be located outside an urban growth boundary on a minimum of one acre;
  6. The system does not exceed 150 feet in height from base to the height of the tower plus one blade;
  7. The system is set back a distance not less than the tower height plus one blade from all property lines; and
  8. Roof mounted system towers shall extend no more than an additional five feet above the highest ridge of a building’s roof or 15 feet above the highest eave, whichever is higher, but shall not exceed 150 feet in height from finished grade.
2. A utility facility necessary for public service may be established as provided in OAR 660-033-0130(16)(a) and ORS 215.275 and 215.276, or, if the utility facility is an associated transmission line, as provided in OAR 660-033-0130(16)(b) and ORS 215.274 and 215.276.
3. Composting operations and facilities
  1. Must:
    1. Compost only on-farm produced compostable materials; or
    2. Compost only off-site materials and use all on-site generated compost for on-farm production in conjunction with, and auxiliary to, the farm use on the subject tract; or
    3. Compost any off-site materials with on-farm produced compostables and use all on-site generated compost for on-farm production in conjunction with, and auxiliary to, the farm use on the subject tract;
  2. Must be an accepted farm practice in conjunction with and auxiliary to farm use on the subject tract, meaning that if off-site materials are added to on-farm produced compostables, the total amount of compost generated by the operation or facility does not exceed the amount of compost reasonably anticipated to be used on the subject tract;
  3. Must limit buildings and facilities used in conjunction with the composting operation to those required for the operation of the subject facility;
  4. Must meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060; and
  5. May sell or transport excess compost only if:
    1. The operation or facility does not use off-site materials;
    2. It is sold or transported to neighboring farm operations within two and one-half miles of the subject tract; and
    3. It is sold or transported in bulk loads of not less than one unit (7.5 cubic yards) in size that are transported in one vehicle.
4. On high-value farmland, permanent features of a power generation facility shall not use, occupy, or cover more than 12 acres unless an exception is taken pursuant to ORS 197.732 and OAR chapter 660, division 4. If the subject property is not high-value farmland, permanent features of a power generation facility shall not use, occupy, or cover more than 20 acres unless an exception is taken pursuant to ORS 197.732 and OAR chapter 660, division 4. A power generation facility may include on-site and off-site facilities for temporary workforce housing for workers constructing a power generation facility. Such facilities must be removed or converted to an allowed use under Subsection 401.05(H)(6) or other statute or rule when the project construction is complete. Temporary workforce housing facilities not included in the initial approval may be considered through a minor amendment request. A minor amendment request shall be subject to Subsection 401.05(A)(1) and shall have no effect on the original approval.
Parks, Public, and Quasi-public Uses
1. Buildings and facilities associated with a site for the takeoff and landing of model aircraft 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 Subsection 401.05(H)(1). The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under Subsection 401.05(H)(1). An owner of property used for the purpose authorized in Subsection 401.05(H)(1) 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 Subsection 401.05(H)(1), "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.
2. Public parks including only the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. A public park may be established consistent with the provisions of ORS 195.120. If the subject property has a local park master plan adopted as part of the Comprehensive Plan, the park is also subject to Section 714, Special Use Overlay District.
3. A community center may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services.
4. "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. As used in Subsection 401.05(H)(4), a living history museum shall be related to resource based activities and shall be owned and operated by a governmental agency or a local historical society. A living history museum may include limited commercial activities and facilities 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 urban growth boundary. "Local historical society" means the local historical society, recognized as such by the county governing body and organized under ORS chapter 65.
5. A “private park” is an area devoted to low-intensity, outdoor, recreational uses for which enjoyment of the outdoors in an open space, or on land in its natural state, is a necessary component and the primary focus.
6. A campground is an area devoted to overnight temporary use for vacation, recreational, or emergency purposes, but not for residential purposes. Campgrounds shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores, or gas stations.
  1. Except on a lot of record contiguous to a lake or reservoir, private campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 4.
  2. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.
  3. Campsites may be occupied by a tent, travel trailer, yurt, or recreational vehicle.
  4. Separate sewer, water, or electric service hook-ups shall not be provided to individual campsites except that electrical service may be provided to yurts allowed for by Subsection 401.05(H)(6)(g).
  5. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.
  6. g. 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. As used in Subsection 401.05(H)(6), "yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up, or internal cooking appliance.
7. Golf courses, on land that is not high value farmland, as defined in ORS 195.300, subject to OAR 660-033-0130(20).
Nonconforming Uses
1. Existing facilities wholly within a farm use zone may be maintained, enhanced, or expanded on the same tract, subject to other requirements of law. An existing golf course may be expanded consistent with the requirements of Subsection 401.05(A)(1) and OAR 660-033-0130(20), but shall not be expanded to contain more than 36 total holes.
2. Notwithstanding ORS 215.283, Section 1206, or any other provision of this Ordinance, a public or private school, including all building essential to the operation of the school, formerly allowed pursuant to ORS 215.283(1)(a), as in effect before January 1, 2010, the effective date of 2009 Oregon Laws, chapter 850, section 14, may be expanded, provided:
  1. The expansion complies with Subsection 401.05(A)(1);
  2. The school was established on or before January 1, 2009;
  3. The expansion occurs on a tax lot:
    1. On which the school was established; or
    2. Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which the school was established; and
  4. The school is a public or private school for kindergarten through grade 12.
3. A nonconforming public or private school described in Subsection 401.05(I)(2) may be expanded without regard to:
  1. A maximum capacity of people in the structure or group of structures;
  2. A maximum distance between structures; or
  3. A maximum density of structures per acre.

401.06 Prohibited Uses

Uses of structures and land not specifically permitted are prohibited.

401.07 Dimensional Standards

Minimum Lot Size: New lots of record shall be a minimum of 80 acres in size, except as provided in Subsection 401.08. For the purpose of complying with the minimum lot size standard, lots of record with street frontage on County or public road rights-of-way may include the land area between the front lot line and the centerline of the County or public road right-of-way.
Minimum Front Setback: 30 feet.
Minimum Side Setback: 10 feet.
Minimum Rear Setback: 30 feet; however, accessory buildings shall have a minimum rear setback of 10 feet.
Modifications: Modifications to the dimensional standards are established by Sections 800, Special Uses; 903, Setback Exceptions; 1107, Property Line Adjustments; and 1205, Variances.

401.08 Land Divisions

A land division shall not separate a temporary dwelling for care, relative farm help dwelling, home occupation, or processing facility from the lot of record on which the primary residential or other primary use exists.
A land division shall not separate a relative farm help dwelling approved pursuant to Subsection 401.05(C)(8) from the lot of record on which the dwelling of the farm operator exists, except as provided in ORS 215.283(1)(d).
A land division shall not separate an accessory dwelling in conjunction with farm use approved pursuant to Subsection 401.05(C)(9) from the lot of record on which the primary farm dwelling exists, except as provided in OAR 660-033-0010(24)(c).
A land division of a lot of record created before January 1, 1993, on which a nonfarm dwelling was approved pursuant to ORS 215.284(1) is prohibited.
Land divisions are permitted, if consistent with Subsections 1105.01(A) and 1105.12. A land division pursuant to Subsection 401.08(G) shall require review of a Type I application pursuant to Section 1307, Procedures. A land division pursuant to Subsection 401.08 (H), (I), (J), (K), (L), (M) or (N) shall require review of a Type II application pursuant to Section 1307.
A land division for nonfarm use under Subsection 401.08(H), (I), (J), (K), (L), or (M) shall not be approved unless any additional tax imposed for the change in use has been paid.
80-Acre Minimum Lot Size Land Divisions: A land division may be approved, if each new lot of record is a minimum of 80 acres in size, as established by Subsection 401.07(A).
Nonfarm Use Land Divisions: A land division creating lots of record less than 80 acres in size may be approved for the following nonfarm uses, if the lot of record for the nonfarm use is the minimum size needed to accommodate the use in a manner consistent with other provisions of law:
1. A fire service facility providing rural fire protection services
2. Nonfarm uses, except dwellings, set out in ORS 215.283(2); or
3. If the parcel to be divided is outside an urban or rural reserve established pursuant to OAR chapter 660, division 27, utility facilities necessary for public service set out in ORS 215.283(1)(c). Land that is divided under Subsection 401.08(H)(3) may not later be rezoned for retail, commercial, industrial, or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732.
Nonfarm Dwelling Land Divisions: New lots of record may be created for dwellings not in conjunction with farm use, subject to the following criteria:
1. The originating lot of record:
  1. Is 80 acres or larger;
  2. Is not stocked to the requirements under ORS 527.610 to 527.770;
  3. Is composed of at least 95 percent Class VI through VIII soils; and
  4. Is composed of at least 95 percent soils not capable of producing 50 cubic feet per acre per year of wood fiber.
2. The new lot of record will not be smaller than 20 acres; and
3. No new lot of record may be created for this purpose unless the dwelling to be sited on the new lot of record has been approved under the requirements for dwellings not in conjunction with farm use in ORS 215.284(4), 215.236, and OAR 660-033-0130(4).
Parks/Open Space/Land Conservation Land Divisions: A land division may be approved subject to the following criteria:
1. The land division shall be for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting lots of record;
2. A lot of record created by the land division that contains a dwelling shall be large enough to support continued residential use of the lot of record.
3. A lot of record created pursuant to Subsection 401.08(I) that does not contain a dwelling:
  1. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;
  2. May not be considered in approving or denying an application for siting any other dwelling;
  3. May not be considered in approving a redesignation or rezoning of forestlands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and
  4. May not be smaller than 25 acres unless the purpose of the land division is:
    1. To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or
    2. To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.
4. The land division shall comply with Subsection 401.05(A)(1).
5. The owner of any lot of record not containing a dwelling shall sign and record in the County deed records an irrevocable deed restriction prohibiting the owner and the owner’s successors in interest from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which no claim or action is allowed under ORS 30.936 or 30.937.
Historic Property Land Divisions: A land division may be approved to create a parcel with an existing dwelling to be used for historic property that meets the requirements of ORS 215.283(1)(L).
Residential Home Land Divisions: A land division may be approved to create a parcel with an existing dwelling to be used as a residential home as described in ORS 197.660(2) only if the dwelling has been approved under ORS 215.284(1) or (4).
Church Land Divisions: A land division may be approved, subject to the following criteria:
1. The division is for the purpose of establishing a church, including cemeteries in conjunction with the church;
2. The church has been approved under ORS 215.283(1);
3. The newly created lot of record is not larger than five acres; and
4. The remaining lot of record, not including the church, meets the minimum lot or parcel size described in ORS 215.780 (1) and (2) either by itself or after it is consolidated with another lot of record.
Land Divisions Along an Urban Growth Boundary: A division of a lot of record may occur along an urban growth boundary where the parcel remaining outside the urban growth boundary is zoned EFU and is smaller than 80 acres, subject to the following criteria:
1. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use.
2. If the parcel does not contain a dwelling, it:
  1. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;
  2. iMay not be considered in approving or denying an application for any other dwelling; and
  3. May not be considered in approving a redesignation or rezoning of agricultural lands, except to allow a public park, open space, or other natural resource use.
3. The owner of any lot of record not containing a dwelling shall sign and record in the County deed records an irrevocable deed restriction prohibiting the owner and the owner’s successors in interest from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which no claim or action is allowed under ORS 30.936 or 30.937.

401.09 Approval Period and Time Extension

Land Divisions: Approval of an application for a land division is valid for six years from the date of the final written decision. If the County’s final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this six-year period, the approval shall be implemented. “Implemented” means the final plat shall be recorded with the County Clerk. If a final plat is not required under ORS chapter 92, deeds with the legal descriptions of the new lots of record shall be recorded with the County Clerk.
Replacement Dwellings: Approval of a replacement dwelling pursuant to Subsection 401.05(C)(1) is valid for four years from the date of the final written decision, If the County’s final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented. “Implemented” means a building or manufactured dwelling placement permit for the replacement dwelling shall be obtained and maintained andconstruction of the replacement dwelling shall have commenced.
Lot of Record and Nonfarm Dwellings:
1. Approval of a dwelling pursuant to Subsection 401.05(C)(2) or (7) is valid for four years from the date of the final written decision. If the County’s final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented. “Implemented” means a building or manufactured dwelling placement permit for the dwelling shall be obtained and maintained.
2. An extension of a permit described in Subsection 401.09(C)(1) is valid for two years provided that the applicant submits a written request for the extension prior to the expiration of the initial approval period.
3. A maximum of five additional one-year extensions of a permit shall be approved if:
  1. The applicant makes a written request for the additional extension prior to the expiration of the extension;
  2. The applicable residential development statute has not been amended following the approval of the permit; and
  3. An applicable rule or land use regulation has not been amended following the issuance of the permit, unless allowed by the County, which may require that the applicant comply with the amended rule or land use regulation.
Approval of any other application is valid for two years from the date of the final written decision. If the County’s final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this two-year period, the approval shall be implemented.
1. For a dwelling, “implemented” means a building or manufactured dwelling placement permit for the dwelling shall be obtained and maintained.
2. For anything other than a dwelling, “implemented” means all major development permits shall be obtained and maintained for the approved land use, or if no major development permits are required to complete the development contemplated by the approved land use application, “implemented” means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:
  1. A building permit for a new primary structure that was part of the land use approval; or
  2. A permit issued by the County for parking lot or road improvements required by the land use approval.
3. One extension period of up to 12 months shall be approved if:
  1. An applicant makes a written request for an extension of the development approval period;
  2. The request is submitted to the County prior to the expiration of the approval period;
  3. The applicant states reasons that prevented the applicant from beginning or continuing development within the approval period; and
  4. The County determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible.
4. Additional one-year extensions shall be authorized subject to compliance with Subsections 401.09(D)(3)(a) through (d) and where applicable criteria for the decision have not changed.
An extension pursuant to Subsection 401.09(C)(3), (D)(3), or (D)(4) requires review as a Type II application pursuant to Section 1307, Procedures. The decision is an administrative decision, is not a land use decision as described in ORS 197.015, and is not subject to appeal as a land use decision.
Subsection 401.09(D) overrides any other potentially applicable approval period standard in other sections of this Ordinance except that home occupations and temporary dwellings for care shall be subject to the applicable approval period provisions of Sections 822, Home Occupations, and 1204, Temporary Permits, respectively.

[Amended by Ord. ZDO-224, 05/31/2011; Amended by Ord. ZDO-230, 09/26/2011; Amended by Ord. ZDO-234, 06/07/2012; Amended by Ord. ZDO-241, 01/01/2013; Amended by Ord. ZDO-247, 03/01/2014; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-262, 05/23/2017; Amended by Ord. ZDO-263, 05/23/2017; Amended by Ord. ZDO-264, 08/22/2017; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-286, 11/20/2023; Amended by Ord. ZDO-285, 09/03/2024; Amended by Ord. ZDO-293, 09/08/2026]

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