Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied, Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Chapter 17.128 AR (ACREAGE RESIDENTIAL) ZONE ORS 215.213 - Uses permitted in exclusive farm use zones in counties Land divisions in exclusive farm use zones, ORS 215.203 (Zoning ordinances establishing exclusive farm use zones), ORS 215.780 (Minimum lot or parcel sizes), ORS 195.120 (Rules and planning goal amendments for parks required), ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), ORS 321.257 (Definitions for ORS 321.257 to 321.390), 215.284 (Dwelling not in conjunction with farm use), ORS 215.284 (Dwelling not in conjunction with farm use), ORS 321.805 (Definitions for ORS 321.805 to 321.855), ORS 215.255 (Farm product processing facility). Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 0000030738 00000 n PDF versions can be viewed using Adobe Acrobat Reader. Acreage residential zones are areas that are suitable for development of acreage homesites. of Rev., 12 OTR 48 (1991), Listing of specific activity as permitted nonfarm use prevents activity from qualifying under broader farm use category, so land used for activity is not in farm use. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. J and D Fertilizers, Ltd. v. Clackamas County, 105 Or App 11, 803 P2d 280 (1990), Sup Ct review denied, Boarding of horses for profit is not farm use. %PDF-1.5 % 22291 Boones Ferry Road NE, Aurora, OR 97002 Property Records Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Uses that "may be permitted" in exclusive farm use zone are uses as of right not subject to additional local government restriction. MLS # Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993, Single-family residence could not, as matter of law, be permitted on five-acre parcel zoned for farm use where subject property was presently in agricultural use, generally suitable for such use, and surrounded by operating farms. 850 Main Street How you know 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon 0000002564 00000 n 0000006216 00000 n Jackson County, Oregon Chapter 5 Page i . Who qualifies for farm tax exemption in Oregon? The state's agriculture is also one of the most diverse in the nation with over 225 different types of crops and livestock. PDF Exclusive Farm Use Zone (Efu-rcp) Rural Comprehensive Plan Chapter 17.136 EFU (EXCLUSIVE FARM USE) ZONE 0 Shepherd v. Dept. (how to identify a Oregon.gov website) For relatives whose assistance is necessary for management of a commercial farming operation. Can I convert agricultural building to residential? There are two international airports in Oregon. of Rev., 6 OTR 496 (1976), Buildings used for temporary housing of itinerant farm workers during harvest periods were buildings supporting "accepted farming practices" under this section. Barns. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007), Where respondent landowner grows, cuts, bales and compresses straw on property, zoned for exclusive farm use, then ships straw to market, respondent engages in "preparation" of straw and respondent's use of property is "farm use." Polk County | 850 Main Street | Dallas, Oregon 97338. DLCD prepares a Farm & Forest Report every two years that summarizes recent permit activity in EFU zones across the state. 0000019932 00000 n Hooper v. Clackamas County, 87 Or App 167, 741 P2d 921 (1987), Sup Ct review denied, Defendant's kennel operations did not become nonconforming use until county enacted ordinance to prohibit kennel operations in agricultural zone, and were permitted under earlier zoning ordinances because they come within definition of farm use. It cannot be the first agricultural construction on the unit. Does Oregon have good healthcare? 17.136.030 Dwellings permitted subject to standards. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Requirement that utility facility be "necessary" for provision of service refers only to need to site facility in exclusive farm use zone instead of nonfarmland site, not to selection of facility as means of providing service. The state legislature adopted the policy in 1973. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. As an accessory dwellings for farm help not related to the operator. Join thousands of people who receive monthly site updates. Polk County Zoning Ordinance | Polk County Oregon Official Website Properties like churches, utilities, schools, hospitals, offices, feed stores, kennels, etc., are often allowed to inhabit agricultural land. In addition, A .gov website belongs to an official government organization in the UnitedStates. Join thousands of people who receive monthly site updates. Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), "Subsurface of public roads and highways" includes entire right-of-way within which thoroughfare has been constructed, not merely hard surface on which traffic travels. What is EFU zoning in Jackson County Oregon? In 1973, only 12 uses were allowed in EFU zones. Location: . of Revenue, 12 OTR 407 (1993), Winery is not farm use. The maximum time allowed within any campground is 14 nights within any 17-night period. Just driving through farmland in Oregon provides persuasive evidence that EFU zoning has been able to protect large areas of land from conversion to other uses, particularly sprawling and costly residential subdivisions. It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. 1 0 obj Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." The cities and counties then apply these state requirements through local comprehensive plans and land-use ordinances. increasing citizen access. Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? Craven v. Jackson County, 308 Or 281, 779 P2d 1011 (1989); Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), For purpose of determining whether accessory dwelling for farmer's relative is permissible, questions of whether farm owner is farm operator and whether owner requires relative's assistance in conducting farm operations are inseparable, and should not be treated as independent questions. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county had not yet adopted comprehensive plan but had zoned certain portions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Yes. All 36 counties in Oregon have implemented EFU zoning. increasing citizen access. High Rise Apartment Residential Zoning District: RH: 136: Exclusive Farm Use Zoning District: EFU: 138: Farm/Forest Zoning District: FF: 140: Commercial Office Zoning District: CO: 141: . Capsey v. Dept. Find properties near 13161 Wilco Hwy Ne. <> 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 (Definitions for ORS 162.135 to 162.205). Original Source: Click on a question to reveal the answer. Seven options exist for establishing a dwelling in an EFU zone: New dwellings in an EFU zone have also been authorized as a result of Ballot Measures 37 and 49. Kenagy v. Benton County, 112 Or App 17, 827 P2d 1047 (1992), Farm owner's involvement with farming operations on leased portions of property combined with owner's past, present and planned expanded uses on unleased part of property bring owner within this statute. hbbd``b`$ ~Hp\|ENYCM Q h Linfoot v. Dept. Uses permitted in exclusive farm use zones in nonmarginal lands counties, Accessory dwelling for farmer's relative whose assistance in managing farm was required by farmer could be permitted if farmer remained significantly involved in farm operations although relative assumed primary responsibility for managing farm. For planning purposes the zoning ordinance as it pertains to EFU, generally allows for only one single family dwelling unit, buildings accessory to a dwelling, and permitted agricultural buildings for animals and equipment as necessary to operate a farm. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). A. If an agricultural tenancy is in place, express consent for the conversion from both the landlord and tenant must be obtained (you cannot terminate an agricultural tenancy for the purposes of carrying out the residential development, unless there is a written agreement that the site is no longer required for.

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