Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0190 - Review Uses - Agricultural Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following uses may be allowed on
			 lands designated Large-Scale or Small Scale Agriculture subject to compliance
			 with guidelines for the protection of scenic, cultural, natural, and recreation
			 resources (350-081-0520  through 350-081-0620):
(a) New cultivation, subject to compliance
			 with guidelines for the protection of cultural resources (350-081-0540) and
			 natural resources (350-081-0560  through 350-081-0590).
(b) Agricultural structures, except
			 buildings, in conjunction with agricultural use.
(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 the standards in "Agricultural Buildings" (350-081-0090).
(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 (1)(e) and (f)
			 below.
(e) Accessory building(s)
			 larger than 200 square feet in area or taller than 10 feet in height for a
			 dwelling on any legal parcel less than or equal to 10 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 10 feet in height for a dwelling on any
			 legal parcel larger than 10 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 mobile home in the
			 case of a family hardship, subject to the guidelines for hardship dwellings in
			 "Temporary Use -- Hardship Dwelling" (350-081-0092).
(h) On lands designated Large Scale
			 Agriculture, a single-family dwelling in conjunction with agricultural use,
			 upon a demonstration that all of the following conditions exist:
(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 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 (h)(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) Income capability. The farm or ranch,
			 and all its constituent parcels, must be capable of producing at least $40,000
			 in gross annual income. 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
I = Income capability
(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 350-081-0540(1)(e).
(j) On lands designated Small Scale
			 Agriculture, a single family dwelling on any legally existing parcel.
(k) On lands designated Large Scale
			 Agriculture, a single-family dwelling for an agricultural operator's relative
			 provided that all of the following conditions exist:
(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
			 350-081-0190(1)(h)(C).
(l) Construction, reconstruction, or
			 modifications of roads not in conjunction with agriculture.
(m) Resource enhancement projects for the
			 purpose of enhancing scenic, cultural, recreation and/or natural resources,
			 subject to the guidelines in "Resource Enhancement Projects" (350-081-0104).
			 These projects may include new structures (e.g., fish ladders, sediment
			 barriers) and/or activities (e.g., closing and revegetating unused roads,
			 recontouring abandoned quarries).
(n) Structures associated with hunting and
			 fishing operations.
(o) Towers and
			 fire stations for forest fire protection.
(p) Agricultural labor housing, under the
			 following conditions:
(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 9 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.
(q) 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 that all of the following conditions exist:
(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 or Small Scale
			 Agriculture, as required by 350-081-0076, or designated Commercial Forest Land
			 or Large or Small Woodland, as required in "Siting of Dwellings on Forest Land"
			 (350-081-0310).
(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 or
			 Small Scale Agriculture, Commercial Forest Land, Large or Small
			 Woodland.
(E) All owners of land in
			 areas designated Large-Scale or Small Scale Agriculture, Commercial Forest
			 Land, or Large 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 10 days to comment prior to a decision.
(r) On parcels in Small Scale
			 Agriculture, a land division creating parcels smaller than the designated
			 minimum parcel size, subject to the guidelines for cluster development in "Land
			 Divisions and Cluster Development" (350-081-0124). If the designated minimum
			 parcel size is 20 acres, this provision will apply to parcels 40 acres in size
			 or larger. Similarly, if the designated minimum parcel size is 40, 80, or 160
			 acres, this provision will apply to parcels 80 acres or larger, 160 acres or
			 larger, or 320 acres or larger, respectively.
(s) Life estates, subject to the guidelines
			 in "Approval Criteria for Life Estates," (350-081-0210).
(t) Land divisions, subject to the minimum
			 lot sizes designated on the Land Use Designation Map.
(u) Lot line adjustments that would result in
			 the potential to create additional parcels through subsequent land divisions,
			 subject to the guidelines in "Lot Line Adjustments" (350-081-0126).
(v) Additions to existing buildings greater
			 than 200 square feet in area or greater than the height of the existing
			 building.
(w) Docks and boathouses,
			 subject to the guidelines in "Docks and Boathouses" (350-081-0096).
(x) Removal/demolition of structures that are
			 50 or more years old, including wells, septic tanks and fuel tanks.
(y) Commercial events, subject to the
			 guidelines in "Commercial Events" (350-081-0108).
(z) Special uses in historic buildings,
			 subject to the guidelines in "Special Uses in Historic Buildings"
			 (350-081-0114).