Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0240 - Uses Allowed on Lands Designated Large-Scale Agriculture and Small-Scale Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
(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.