Or. Admin. Code § 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.
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