Or. Admin. R. 350-082-0240

Current through Register Vol. 63, No. 8, August 1, 2024

Section 350-082-0240 - Uses Allowed on Lands Designated Large-Scale Agriculture and Small-Scale Agriculture

(1) Uses Allowed Outright. The uses listed in "350-082-0210(1) are allowed without review on lands designated Large-Scale Agriculture and Small-Scale Agriculture.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated Large-Scale Agriculture and Small-Scale Agriculture.

(3) Review Uses. The following uses may be allowed on lands designated Large-Scale Agriculture and Small-Scale Agriculture subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Large-Scale Agriculture or Small-Scale Agriculture:

(a) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources in 350-082-0620 and 350-082-0640 through 350-082-0690, and upon demonstration that the landowner has sufficient water to support the use.

(b) Agricultural structures in conjunction with agricultural use, including new cultivation.

(c) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to compliance with 350-082-0380.

(d) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (e) or (f) below.

(e) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel less than or equal to ten acres in size are subject to the following additional standards:

(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(B) The height of any individual accessory building shall not exceed 24 feet.

(f) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel larger than ten acres in size are subject to the following additional standards:

(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 2,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(B) The footprint of any individual accessory building shall not exceed 1,500 square feet.

(C) The height of any individual accessory building shall not exceed 24 feet.

(g) The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to compliance with 350-082-0390.

(h) On lands designated Large-Scale Agriculture, a single-family dwelling in conjunction with agricultural use, upon a demonstration of compliance with all the following guidelines:

(A) The subject farm or ranch (including all of its constituent parcels, contiguous or otherwise) has no other dwellings that are vacant or currently occupied by persons not directly engaged in farming or working on the subject farm or ranch and that could be used as the principal agricultural dwelling.

(B) The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, as defined under "Designation Policies," where the day-to-day activities of one or more residents of the agricultural dwelling will be principally directed to the agricultural use of the land. The farm or ranch must currently satisfy subsection (C)(iv) below.

(C) The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following factors:

(i) Size of the entire farm or ranch, including all land in the same ownership.

(ii) Type(s) of agricultural uses (crops, livestock) and acreage.

(iii) Operational requirements for the particular agricultural use that are common to other agricultural operations in the area.

(iv) Annual income. The farm or ranch, and all its constituent parcels, must produce at least $80,000 in gross annual income in 2020 dollars. This gross annual income amount shall be indexed for inflation on an annual basis using Consumer Price Index data from the U.S. Bureau of Labor Statistics, and the new adjusted amount for each calendar year (calculated from 2020 dollars) will be posted on the Gorge Commission's website by January 15 of each year. This determination can be made using the following formula: (A)(B)(C) = I where: A = Average yield of the commodity per acre or unit of production; B = Average price of the commodity; C = Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch; and I = Annual income.

(i) On lands designated Large-Scale Agriculture, a second single-family dwelling in conjunction with agricultural use when the dwelling would replace an existing dwelling that is included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with the criteria listed in 350-082-0620(3)(a)(A).

(j) On lands designated Small-Scale Agriculture, a single-family dwelling on any legally created and existing parcel.

(k) On lands designated Large-Scale Agriculture, a single-family dwelling for an agricultural operator's relative subject to compliance with all the following guidelines:

(A) The dwelling would be occupied by a relative of the agricultural operator or of the agricultural operator's spouse who will be actively engaged in the management of the farm or ranch. Relative means grandparent, grandchild, parent, child, brother or sister.

(B) The dwelling would be located on the same parcel as the dwelling of the principal operator.

(C) The operation is a commercial enterprise, as determined by an evaluation of the factors described in 350-082-0240(3)(h)(C).

(l) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(m) Structures associated with hunting and fishing operations.

(n) Towers and fire stations for forest fire protection.

(o) Agricultural labor housing, subject to compliance with all the following guidelines:

(A) The proposed housing is necessary and accessory to a current agricultural use.

(B) The housing shall be seasonal, unless it is shown that an additional full-time dwelling is necessary to the current agricultural use of the subject farm or ranch unit. Seasonal use shall not exceed nine months.

(C) The housing shall be located to minimize the conversion of lands capable of production of farm crops or livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.

(p) On lands designated Large-Scale Agriculture, on a parcel that was legally created and existed prior to November 17, 1986, a single-family dwelling not in conjunction with agricultural use upon a demonstration of compliance with all the following guidelines:

(A) The dwelling will not force a change in or increase the cost of accepted agricultural practices on surrounding lands.

(B) The subject parcel is predominantly unsuitable for the production of farm crops and livestock, considering soils, terrain, location, and size of the parcel. Size alone shall not be used to determine whether a parcel is unsuitable for agricultural use. An analysis of suitability shall include the capability of the subject parcel to be used in conjunction with other agricultural operations in the area.

(C) The dwelling shall be set back from any abutting parcel designated Large-Scale Agriculture or Small-Scale Agriculture, as required by 350-082-0580(2), or designated Commercial Forest Land, Large Woodland, or Small Woodland, as required by 350-082-0270(6).

(D) A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland.

(E) All owners of land in areas designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland that is within 500 feet of the perimeter of the subject parcel on which the dwelling is proposed to be located have been notified and given at least ten days to comment prior to a decision.

(q) Life estates, subject to compliance with the following guidelines:

(A) A landowner who sells or otherwise transfers real property on lands designated Large-Scale Agriculture or Small-Scale Agriculture may retain a life estate in a dwelling and a tract of land surrounding the dwelling.

(B) The life estate tract shall not be considered a parcel as defined in this land use ordinance.

(C) A second dwelling may be allowed, subject to compliance with 350-082-0600 through 350-082-0720 and upon findings that the proposed dwelling is in conjunction with agricultural use, using subsection (3)(h) above.

(D) Upon termination of the life estate, the original or second dwelling shall be removed.

(r) Land divisions, subject to compliance with 350-082-0560.

(s) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(t) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(u) Docks and boathouses, subject to compliance with 350-082-0410.

(v) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(w) Commercial events, subject to compliance with 350-082-0480.

(x) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria.

(a) The following uses may be allowed on lands designated Large-Scale and Small-Scale Agriculture, subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Large-Scale Agriculture or Small-Scale Agriculture. The following uses shall also comply with the "Approval Criteria for Specified Review Uses," in subsection (b) below:

(A) Construction, reconstruction, or modification of roads, utility facilities, and railroads necessary for public service upon a showing that:

(i) there is no practicable alternative location with less adverse effect on agricultural or forest lands, and;

(ii) the size is the minimum necessary to provide the service.

(B) Home occupations in existing residential or accessory structures, subject to compliance with 350-082-0420.

(C) Fruit and produce stands.

(D) Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject farm and the local region.

(E) Wine or cider sales and tasting rooms, in conjunction with an on-site winery or cidery.

(F) Agricultural product processing and packaging, upon a showing that the processing will be limited to products grown primarily on the subject farm and sized to the subject operation.

(G) Exploration, development, and production of mineral and geothermal resources, subject to compliance with 350082-0500.

(H) Personal-use airstrips, including associated accessory structures such as a hangar. A personal-use airstrip is an airstrip restricted (except for aircraft emergencies) to use by the owner; invited guests on an infrequent and occasional basis; and commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal-use airstrip other than those owned or controlled by the owner of the airstrip.

(I) Aquaculture.

(J) Recreation development, subject to the Recreation Intensity Class provisions in 350-082-0700 through 350-0820720.

(K) Boarding of horses. The reviewing agency shall make findings on property characteristics, parcel size and impacts to neighbors, and shall specify the maximum number of horses based on those findings.

(L) Temporary portable asphalt or batch plants related to public road projects, not to exceed six months.

(M) Bed and breakfast inns in single-family dwellings, subject to compliance with 350-082-0440 and provided that the residence:

(i) Is included in the National Register of Historic Places, or

(ii) In Washington, is listed on the Washington Heritage Register maintained by the Washington Department of Archaeology and Historic Preservation, or

(iii) In Oregon, is identified and protected under local landmark status as approved pursuant to Oregon state land use regulations protecting historic structures.

(N) Nonprofit, environmental learning or research facilities.

(O) Expansion of existing school or place of worship.

(P) On parcels designated Small-Scale Agriculture, small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to compliance with 350-082-0450.

(Q) Disposal sites managed and operated by the Oregon Department of Transportation, the Washington State Department of Transportation, or a National Scenic Area county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to compliance with 350-082-0470.

(b) Approval Criteria for Specified Review Uses on Lands Designated Large-Scale Agriculture and Small-Scale Agriculture

(A) The use is compatible with agricultural uses and would not force a change in or significantly increase the cost of accepted agricultural practices on nearby lands devoted to agricultural use.

(B) The use will be sited to minimize the loss of land suitable for the production of crops or livestock.

Or. Admin. R. 350-082-0240

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)