Chapter 18.28
FOREST ZONE, F-1

Sections:

18.28.005    Purpose.

18.28.010    Use table.

18.28.015    Use standards.

18.28.020    Conditional use review criteria.

18.28.025    Siting standards for dwellings and structures in forest zones.

18.28.030    Fire-siting standards for dwellings and structures.

18.28.035    Youth camps.

18.28.040    Land divisions.

18.28.045    Development standards.

18.28.050    Fire safety design standards for roads.

18.28.055    Signs.

18.28.060    Restrictive covenants.

18.28.005 Purpose.

The purpose of the forest (F-1) zone is to protect and maintain forest lands for grazing, and rangeland use and forest use, consistent with existing and future needs for agricultural and forest products. The F-1 zone is also intended to allow other uses that are compatible with agricultural and forest activities, to protect scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county.

The F-1 zone has been applied to lands designated as forest in the comprehensive plan. The provisions of the F-1 zone reflect the forest land policies of the comprehensive plan as well as the requirements of Chapter 215 ORS and OAR 660-006. The minimum parcel size and other standards established by this zone are intended to promote commercial forest operations. (Ord. 309 § 3 (Exh. C), 2019)

18.28.010 Use table.

(1) Table of Permitted Uses. Table 1 sets forth the uses allowed in the forest districts. This table applies to all new uses, expansions of existing uses, and changes of use when the expanded or changed use would require review, unless otherwise specified on Table 1. All uses are subject to the general provisions, special conditions, additional restrictions and exceptions set forth in this chapter. In addition, provisions of Chapter 18.124 CCC (Supplementary Provisions) may apply.

As used in Table 1:

(a) Use Type.

(i) “A” means the use is allowed.

(ii) “STS” means the use is permitted subject to site plan review and any other listed criteria.

(iii) “C” means the use is a conditional use. Conditional uses are permitted subject to county review, any specific standards for the use set forth in CCC 18.28.015, the conditional use review criteria in CCC 18.28.020, the general standards for the zone, and specific requirements applicable to the use in Chapter 18.160 CCC.

(2) Review Procedures.

(a) “P” means the use is permitted outright; uses and activities and their accessory buildings and uses are permitted subject to the general provisions set forth by this chapter.

(b) “Administrative” are permitted by right, requiring only nondiscretionary staff review to demonstrate compliance with the standards in this chapter. Permits subject to administrative review are limited to actions that do not require interpretation or the exercise of policy or legal judgment.

(c) “Notice and opportunity for public hearing” involves permits for which the application of review criteria requires the exercise of limited discretion. Decisions are made by the planning director. These decisions require a notice of decision and opportunity for appeal and public hearing.

(d) “Planning commission hearing” uses require a public hearing. Decisions are made by the planning commission, usually with an opportunity to appeal to the board of commissioners. These decisions involve the exercise of discretion and judgment when applying applicable land use and development criteria but implement established policy. Uses that are subject to this review procedure may be allowed subject to findings of compliance with applicable approval criteria and development standards. These decisions require a public notice prior to, and after, a decision.

(3) The “Subject To” column identifies any specific provisions of CCC 18.28.015 or other applicable Crook County Code chapter to which the use is subject.

 

Table 1. Permitted Uses 

 

Use

Use Type

Review Procedure

Subject To

1

Forest, Farm and Natural Resource Uses

 

 

 

1.1

Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash.

A

P

1.2

Temporary on-site structures which are auxiliary to and used during the term of a particular forest operation.

A

P

1.3

Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities.

A

P

1.4

Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.

A

P

 

1.5

Farm use as defined in ORS 215.203.

A

P

1.6

Uninhabitable structures accessory to fish and wildlife enhancement.

A

P

 

1.7

Agricultural building.

STS

Administrative

 

1.8

Log scaling and weigh stations.

C

Notice and Opportunity for Hearing

 

1.9

Forest management research and experimentation facilities as defined by ORS 526.215.

C

Notice and Opportunity for Hearing

 

2

Residential Uses – All dwellings and structures are subject to provisions of CCC 18.28.025 (siting standards) and CCC 18.28.030 (fire-siting standards)

 

 

 

2.1

Caretaker residences for public parks and public fish hatcheries.

STS

Notice and Opportunity for Hearing

18.28.015(15)
18.28.015(17)

2.2

Large tract forest dwelling.

STS

Notice and Opportunity for Hearing

18.28.015(1)
18.28.015(15)
18.28.015(17)

2.3

Lot of record dwelling.

STS

Notice and Opportunity for Hearing

18.28.015(2)
18.28.015(15)
18.28.015(17)

2.4

Template dwelling.

STS

Notice and Opportunity for Hearing

18.28.015(3)
18.28.015(15)
18.28.015(17)

2.5

Alteration, restoration or replacement of a lawfully established dwelling.

STS

Administrative

18.28.015(4)
18.28.015(15)
18.28.015(17)

2.6

Temporary hardship dwelling.

C

Notice and Opportunity for Hearing

18.28.015(5)
18.28.015(15)
18.28.015(17)

2.7

Relative forest help dwelling.

STS

Notice and Opportunity for Hearing

18.28.015(6)

18.28.015(15)

18.28.015(17)

3

Commercial Uses

 

 

 

3.1

Temporary portable facility for the primary processing of forest products.

STS

Administrative

 

3.2

Temporary forest labor camps.

STS

Administrative

 

3.3

Private hunting and fishing operations without any lodging accommodations.

STS

Administrative

 

3.4

Parking of up to seven dump trucks and trailers.

C

Notice and Opportunity for Hearing

 

3.5

Home occupations.

C

Notice and Opportunity for Hearing

18.160.050(8)

3.6

Permanent facility for the primary processing of forest products.

C

Planning Commission Hearing

18.28.015(16)

3.7

Permanent logging equipment repair and storage.

C

Notice and Opportunity for Hearing

 

3.8

Private seasonal accommodations for fee hunting operations.

C

Planning Commission Hearing

18.28.015(7)

3.9

Private accommodations for fishing occupied on a temporary basis.

C

Planning Commission Hearing

18.28.015(8)

4

Mineral, Aggregate, Oil and Gas Uses

 

 

 

4.1

Exploration for mineral and aggregate resources as defined in Chapter 517 ORS.

STS

Administrative

 

4.2

Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.

STS

Administrative

Notice and Opportunity for Hearing if use includes production

 

4.3

Mining and processing of oil, gas or other subsurface resources, as defined in Chapter 520 ORS, and not otherwise permitted (e.g., compressors, separators and storage servicing multiple wells), and mining and processing of aggregate and mineral resources as defined in Chapter 517 ORS.

C

Planning Commission Hearing

 

4.4

Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.

C

Notice and Opportunity for Hearing

 

5

Transportation Uses

 

 

 

5.1

Climbing and passing lanes within the right-of-way existing as of July 1, 1987.

STS

Administrative

 

5.2

Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result.

STS

Administrative

 

5.3

Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.

STS

Administrative

 

5.4

Minor betterment of existing public road and highway related facilities such as maintenance yards, weigh stations and rest areas, within right-of-way existing as of July 1, 1987, and contiguous public-owned property utilized to support the operation and maintenance of public roads and highways.

STS

Administrative

 

5.5

Transportation improvements on rural lands allowed by and subject to the requirements of OAR 660-012-0065.

C

Administrative

 

5.6

Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels.

C

Notice and Opportunity for Hearing

 

5.7

Reconstruction or modification of public roads and highways involving the removal or displacement of buildings but not resulting in the creation of new land parcels.

C

Notice and Opportunity for Hearing

 

5.8

Improvement of public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, where additional property or right-of-way is required but not resulting in the creation of new land parcels.

C

Planning Commission Hearing

 

5.9

Expansion of existing airports.

C

Planning Commission Hearing

 

5.10

Helicopter pads, including associated hangar, maintenance, and service facilities.

C

Administrative

18.28.015(9)

6

Utility, Power Generation, Solid Waste Uses

 

 

 

6.1

Local distribution lines (e.g., electric, telephone, natural gas) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that provides service hook-ups, including water service hook-ups.

STS

Administrative

 

6.2

Water intake facilities, canals and distribution lines for farm irrigation and ponds.

STS

Administrative

 

6.3

Television, microwave and radio communication facilities and transmission towers.

C

Planning Commission Hearing

18.124.110

6.4

New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g., gas, oil, geothermal, telephone, fiber optic cable) with rights-of-way 50 feet or less in width.

C

Planning Commission Hearing

 

6.5

Water intake facilities, related treatment facilities, pumping stations and distribution lines.

C

Notice and Opportunity for Hearing

 

6.6

Reservoirs and water impoundments.

C

Notice and Opportunity for Hearing

 

6.7

Solid waste facility approved by the governing body and for which the Oregon Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.

C

Planning Commission Hearing

18.28.015(11)

6.8

Commercial utility facilities for the purpose of generating power.

C

Planning Commission Hearing

18.28.015(10)
18.161

7

Public and Quasi-Public Uses

 

 

 

7.1

Towers and fire stations for forest fire protection.

STS

Administrative

 

7.2

Youth camps.

STS

Notice and Opportunity for Hearing

18.28.035

7.3

Aids to navigation and aviation.

C

Notice and Opportunity for Hearing

 

7.4

Firearms training facility as provided in ORS 197.770(2).

C

Notice and Opportunity for Hearing

 

7.5

Fire stations for rural fire protection.

C

Notice and Opportunity for Hearing

 

7.6

Cemeteries.

C

Notice and Opportunity for Hearing

 

7.7

Storage structures for emergency supplies.

C

Notice and Opportunity for Hearing

18.28.015(12)

7.8

Public parks.

C

Planning Commission Hearing

18.28.015(13)

7.9

Private parks and campgrounds.

C

Planning Commission Hearing

18.28.015(14)

8

Outdoor Gatherings

 

 

 

8.1

An outdoor mass gathering of more than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period, as provided in ORS 433.735.

STS

Subject to Chapter 5.04 CCC

5.04

8.2

Any outdoor gathering of more than 3,000 persons that is anticipated to continue for more than 120 hours in any three-month period is subject to review by a county planning commission under ORS 433.763.

STS

Planning Commission Hearing

 

(Ord. 326 § 4 (Att. A), 2021; Ord. 309 § 3 (Exh. C), 2019)

18.28.015 Use standards.

(1) A large tract forest dwelling authorized under ORS 215.740 may be allowed on land zoned for forest use if it is sited on a tract that does not include a dwelling and complies with other provisions of law, including the following:

(a) The tract is at least 240 contiguous acres or 320 acres in one ownership that are not contiguous but are in the same county or adjacent counties and zoned for forest use. A deed restriction shall be filed pursuant to subsection (1)(c) of this section for all tracts that are used to meet the acreage requirements of this subsection.

(b) A tract shall not be considered to consist of less than 240 acres because it is crossed by a public road or a waterway.

(c) Where one or more lots or parcels are required to meet minimum acreage requirements:

(i) The applicant shall provide evidence that the covenants, conditions and restrictions form adopted as “Exhibit A” in Chapter 660 OAR, Division 6 has been recorded with the county clerk of the county or counties where the property subject to the covenants, conditions and restrictions is located.

(ii) The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.

(2) Lot of Record Dwelling.

(a) The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and owned continuously by the present owner as defined in subsection (2)(d) of this section:

(i) Since prior to January 1, 1985; or

(ii) By devise or by intestate succession from a person who acquired and had owned continuously the lot or parcel since prior to January 1, 1985;

(b) The tract on which the dwelling will be sited does not include a dwelling;

(c) The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of that tract;

(d) For purposes of this subsection, “owner” includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent or grandchild of the owner or a business entity owned by any one or combination of these family members;

(e) The dwelling must be located on a tract that is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and either paved or surfaced with rock and shall not be:

(i) A United States Bureau of Land Management road; or

(ii) A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency;

(f) When the lot or parcel on which the dwelling will be sited lies within an area designated in an acknowledged comprehensive plan as habitat of big game, the siting of the dwelling shall be consistent with the limitations on density upon which the acknowledged comprehensive plan and land use regulations intended to protect the habitat are based; and

(g) When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.

(3) A single-family “template” dwelling authorized under ORS 215.750 on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:

(a) Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:

(i) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

(ii) At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels.

(b) Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:

(i) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

(ii) At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels.

(c) Capable of producing more than 50 cubic feet per acre per year of wood fiber if:

(i) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

(ii) At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels.

(d) Lots or parcels within urban growth boundaries shall not be used to satisfy eligibility requirements.

(e) A dwelling is in the 160-acre template if any part of the dwelling is in the 160-acre template.

(f) Except as provided by subsection (3)(g) of this section, if the subject tract abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road.

(g) The following applies where a tract 60 acres or larger abuts a road or perennial stream:

(i) The measurement shall be made in accordance with subsection (3)(f) of this section. However, one of the three required dwellings shall be on the same side of the road or stream as the tract, and:

(A) Be located within a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and that is, to the maximum extent possible aligned with the road or stream; or

(B) Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract.

(ii) If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings shall be on the same side of the road as the proposed dwelling.

(h) A proposed “template” dwelling under this chapter is not allowed:

(i) If it is prohibited by or will not comply with the requirements of an acknowledged comprehensive plan, acknowledged land use regulations, or other provisions of law;

(ii) Unless it complies with the requirements of CCC 18.28.025 and 18.28.030;

(iii) Unless no dwellings are allowed on other lots or parcels that make up the tract and deed restrictions established under subsection (1)(c) of this section for the other lots or parcels that make up the tract are met; or

(iv) If the tract on which the dwelling will be sited includes a dwelling.

(i) Where other lots or parcels that make up a tract in subsection (3)(h) of this section:

(i) The applicant shall provide evidence that the covenants, conditions and restrictions form adopted as “Exhibit A” in Chapter 660 OAR, Division 6 has been recorded with the county clerk of the county or counties where the property subject to the covenants, conditions and restrictions is located.

(ii) The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.

(4) Alteration, restoration or replacement of a lawfully established dwelling, where subsection (4)(a) or (b) of this section apply:

(a) Alteration or restoration of a lawfully established dwelling that:

(i) Has intact exterior walls and roof structures;

(ii) Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

(iii) Has interior wiring for interior lights; and

(iv) Has a heating system.

(b) In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling.

(5) A temporary hardship dwelling is subject to the following:

(a) One manufactured dwelling, or recreational vehicle, or the temporary residential use of an existing building may be allowed in conjunction with an existing dwelling as a temporary use for the term of the hardship suffered by the existing resident or relative, subject to the following:

(i) The manufactured dwelling shall use the same subsurface sewage disposal system used by the existing dwelling, if that disposal system is adequate to accommodate the additional dwelling. If the manufactured home will use a public sanitary sewer system, such condition will not be required;

(ii) The county shall review the permit authorizing such manufactured homes every two years; and

(iii) Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use.

(b) A temporary residence approved under this section is not eligible for replacement under Use 2.5 in Table 1. Department of Environmental Quality review and removal requirements also apply.

(c) As used in this section “hardship” means a medical hardship or hardship for the care of an aged or infirm person or persons.

(6) Accessory Dwellings Supporting Family Forestry – Conditions.

(a) As used in this section, “owner or a relative” means the owner of the lot or parcel, or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild, grandparent, step grandparent, sibling, stepsibling, niece, nephew or first cousin of either.

(b) The county may approve a new single-family dwelling unit on a lot or parcel zoned for forest use provided:

(i) The new single-family dwelling unit will be on a lot or parcel no smaller than the minimum size allowed under ORS 215.780;

(ii) The new single-family dwelling unit will be on a lot or parcel that contains exactly one existing single-family dwelling unit that was lawfully:

(A) In existence before November 4, 1993; or

(B) Approved under ORS 215.130(6), 215.705, 215.720, 215.740, 215.750 or 215.755;

(iii) The shortest distance between the new single-family dwelling unit and the existing single-family dwelling unit is no greater than 200 feet;

(iv) The lot or parcel is within a rural fire protection district organized under Chapter 478 ORS; or

(v) The new single-family dwelling unit complies with the Oregon Residential Specialty Code relating to wildfire hazard mitigation;

(vi) As a condition of approval of the new single-family dwelling unit, in addition to the requirements of ORS 215.293, the property owner agrees to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:

(A) Prohibit the owner and the owner’s successors from partitioning the property to separate the new single-family dwelling unit from the lot or parcel containing the existing single-family dwelling unit; and

(B) Require that the owner and the owner’s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument;

(vii) The existing single-family dwelling unit is occupied by the owner or a relative;

(viii) The new single-family dwelling unit will be occupied by the owner or a relative; and

(ix) The owner or a relative occupies the new single-family dwelling unit to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition or supervision of forest lots or parcels of the owner.

(c) If a new single-family dwelling unit is constructed under this section, the county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS 90.100.

(7) Private seasonal accommodations for fee hunting operations are subject to the following requirements:

(a) Accommodations are limited to no more than 15 guest rooms within a single structure as that term is defined in the Oregon Structural Specialty Code;

(b) Only minor incidental and accessory retail sales are permitted; and

(c) Accommodations are occupied temporarily for the purpose of hunting during either or both game bird or big game hunting seasons authorized by the Oregon Fish and Wildlife Commission.

(8) Private accommodations for fishing occupied on a temporary basis are subject to the following requirements:

(a) Accommodations limited to no more than 15 guest rooms within a single structure as that term is defined in the Oregon Structural Specialty Code;

(b) Only minor incidental and accessory retail sales are permitted;

(c) Accommodations occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and

(d) Accommodations must be located within one-quarter mile of stream used for sport fishing.

(9) A helicopter pad as used in this chapter means a pad restricted, except for aircraft emergencies, to use by the owner and/or by commercial activities in connection with forestry operations.

(10) A commercial utility facility for the purpose of generating power shall not preclude more than 10 acres from use as a commercial forest operation. Renewable energy facilities are subject to the standards in Chapter 18.161 CCC.

(11) Solid waste facilities shall meet the performance and permitting requirements of the Department of Environmental Quality under ORS 459.245, shall meet the requirements of CCC 18.28.020 and shall comply with the following requirements:

(a) The facility shall be designed to minimize conflicts with existing and permitted uses allowed under plan designations for adjacent parcels as outlined in policies of the comprehensive plan.

(b) The facility must be of a size and design to minimize noise or other detrimental effects when located adjacent to farm, forest and grazing dwellings(s) or a residential zone.

(c) The facility shall be fenced when the site is located adjacent to dwelling(s) or a residential zone and landscaping, buffering and/or screening shall be provided.

(d) The facility does not constitute an unnecessary fire hazard. If located in a forested area, the county shall condition approval to ensure that minimum fire safety measures will be taken, which may include but are not limited to the following:

(i) The area surrounding the facility is kept free from litter and debris.

(ii) Fencing will be installed around the facility, if deemed appropriate to protect adjacent farm crops or timber stands.

(iii) If the proposed facility is located in a forested area, construction materials shall be fire resistant or treated with a fire-retardant substance and the applicant will be required to remove forest fuels within a minimum of 30 feet of structures.

(e) The facility shall adequately protect fish and wildlife resources. Such facilities shall be reviewed by local Oregon Department of Fish and Wildlife or other appropriate agencies.

(f) Access roads or easements for the facility shall be improved to the county’s transportation system plan standards and comply with grades recommended by the Crook County road master.

(g) Road construction for the facility must be consistent with the Crook County transportation system plan standards and recommendations from the Crook County road master with the intent to minimize soil disturbance and help maintain water quality. Consultation with the Oregon Department of Environmental Quality or other appropriate agency may be required.

(h) Hours of operation for the facility shall be limited to 8:00 a.m. to 7:00 p.m.

(i) Riparian and other setback requirements established in Chapter 18.124 CCC.

(j) Comply with other conditions deemed necessary.

(12) Storage structures for emergency supplies are subject to the following requirements:

(a) Areas within an urban growth boundary cannot reasonably accommodate the structures;

(b) Sites where the structures could be colocated with an existing use approved under this subsection are given preference for consideration;

(c) The structures are of a number and size no greater than necessary to accommodate the anticipated emergency needs of the population to be served;

(d) The structures are managed by a local government entity for the single purpose of providing for the temporary emergency support needs of the public; and

(e) Written notification has been provided to the county office of emergency management of the application for the storage structures.

(13) Public parks may include:

(a) All uses allowed under Statewide Planning Goal 4;

(b) The following uses, if authorized in a local or park master plan that is adopted as part of the local comprehensive plan, or if authorized in a state park master plan that is adopted by OPRD:

(i) Campground areas: recreational vehicle sites; tent sites; camper cabins; yurts; teepees; covered wagons; group shelters; campfire program areas; camp stores;

(ii) Day use areas: picnic shelters, barbecue areas, swimming areas (not swimming pools), open play fields, play structures;

(iii) Recreational trails: walking, hiking, biking, horse, or motorized off-road vehicle trails; trail staging areas;

(iv) Boating and fishing facilities: launch ramps and landings, docks, moorage facilities, small boat storage, boating fuel stations, fish cleaning stations, boat sewage pumpout stations;

(v) Amenities related to park use intended only for park visitors and employees: laundry facilities; recreation shops; snack shops not exceeding 1,500 square feet of floor area;

(vi) Support facilities serving only the park lands wherein the facility is located: water supply facilities, sewage collection and treatment facilities, stormwater management facilities, electrical and communication facilities, restrooms and showers, recycling and trash collection facilities, registration buildings, roads and bridges, parking areas and walkways;

(vii) Park maintenance and management facilities located within a park: maintenance shops and yards, fuel stations for park vehicles, storage for park equipment and supplies, administrative offices, staff lodging;

(viii) Natural and cultural resource interpretative, educational and informational facilities in state parks: interpretative centers, information/orientation centers, self-supporting interpretative and informational kiosks, natural history or cultural resource museums, natural history or cultural educational facilities, reconstructed historic structures for cultural resource interpretation, retail stores not exceeding 1,500 square feet for sale of books and other materials that support park resource interpretation and education; and

(ix) Visitor lodging and retreat facilities if authorized in a state park master plan that is adopted by OPRD: historic lodges, houses or inns and the following associated uses in a state park retreat area only:

(A) Meeting halls not exceeding 2,000 square feet of floor area;

(B) Dining halls (not restaurants);

(c) Comply with other conditions as deemed necessary.

(14) Private Campgrounds and Campsites.

(a) Campgrounds in private parks may be permitted, subject to the following:

(i) Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and Chapter 660 OAR, Division 4.

(ii) A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.

(iii) Campgrounds authorized by this rule shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations.

(iv) Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.

(b) Campsites within campgrounds meeting the requirement of subsection (14)(a) of this section and permitted pursuant to CCC 18.28.020 must comply with the following:

(i) Allowed uses include tent, travel trailer or recreational vehicle; yurts are also allowed uses, subject to subsection (14)(b)(iii) of this section.

(ii) Separate sewer, water or electric service hook-ups shall not be provided to individual campsites except that electrical service may be provided to yurts.

(iii) No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation.

(15) For single-family dwellings, the landowner shall sign and record in the deed records for the county a document binding the landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937.

(16) Permanent facility for the primary processing of forest products may be permitted where the facility is:

(a) Located in a building or buildings that do not exceed 10,000 square feet in total floor area; or

(b) Located in an outdoor area that does not exceed one acre excluding laydown and storage yards; or

(c) Located in a combination of indoor and outdoor areas described in subsections (16)(a) and (b) of this section; and

(d) Adequately separated from surrounding properties to reasonably mitigate noise, odor, and other impacts generated by the facility that adversely affect forest management and other existing uses, as determined by the governing body.

(17) Wildlife Policy Applicability. All new dwellings on existing parcels within the deer and elk winter ranges must meet the residential density limitations found in Wildlife Policy 2 of the Crook County comprehensive plan. Compliance with the residential density limitations may be demonstrated by calculating a one-mile radius (or 2,000-acre) study area. An applicant may use a different study area size or shape to demonstrate compliance with Wildlife Policy 2, provided the methodology and size of the study area are explained and are found to be consistent with the purpose of Crook County comprehensive plan Wildlife Policy 2. (Ord. 326 § 4 (Att. A), 2021; Ord. 309 § 3 (Exh. C), 2019)

18.28.020 Conditional use review criteria.

A use authorized as a conditional use “C” in Table 1 of this zone may be allowed provided the following requirements and specific requirements for conditional uses in Chapter 18.160 CCC or their equivalent are met. These requirements are designed to make the use compatible with forest operations and agriculture and to conserve values found on forest lands.

(1) The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands.

(2) The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel.

(3) A written statement recorded with the deed or written contract with the county or its equivalent is obtained from the land owner that recognizes the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and rules for uses authorized by Uses 2.6, 3.5, 3.9, 6.6, and 7.9 in Table 1. (Ord. 309 § 3 (Exh. C), 2019)

18.28.025 Siting standards for dwellings and structures in forest zones.

The following siting criteria or their equivalent shall apply to all new dwellings and structures in forest zones. These criteria are designed to make such uses compatible with forest operations, to minimize wildfire hazards and risks and to conserve values found on forest lands. A governing body shall consider the criteria in this section together with the requirements of CCC 18.28.030 to identify the building site:

(1) Dwellings and structures shall be sited on the parcel so that:

(a) They have the least impact on nearby or adjoining forest or agricultural lands;

(b) The siting ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized;

(c) The amount of forest lands used to site access roads, service corridors, the dwelling and structures is minimized; and

(d) The risks associated with wildfire are minimized.

(2) Siting criteria satisfying subsection (1) of this section may include setbacks from adjoining properties, clustering near or among existing structures, siting close to existing roads and siting on that portion of the parcel least suited for growing trees.

(3) The applicant shall provide evidence to the governing body that the domestic water supply is from a source authorized in accordance with the water resource department’s administrative rules for the appropriation of ground water or surface water. For the purposes of this section, “evidence of a domestic water supply” means:

(a) Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor’s rights to appropriate water;

(b) A water use permit issued by the water resources department for the use described in the application; or

(c) Verification from the water resources department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well constructor’s report to the county upon completion of the well.

(4) As a condition of approval, if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the U.S. Bureau of Land Management, or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.

(5) Approval of a dwelling shall be subject to the following requirements:

(a) Approval of a dwelling requires the owner of the tract to plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements at the time specified in Department of Forestry administrative rules;

(b) The planning department shall notify the county assessor of the above condition at the time the dwelling is approved;

(c) Stocking Survey Report.

(i) If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to the county assessor and the assessor will verify that the minimum stocking requirements have been met by the time required by Department of Forestry rules;

(ii) Upon notification by the assessor the Department of Forestry will determine whether the tract meets minimum stocking requirements of the Forest Practices Act. If that department determines that the tract does not meet those requirements, that department will notify the owner and the assessor that the land is not being managed as forest land. The assessor will then remove the forest land designation pursuant to ORS 321.359 and impose the additional tax; and

(d) The county governing body or its designate shall require as a condition of approval of a single-family dwelling under ORS 215.213, 215.383 or 215.284 or otherwise in a farm or forest zone, that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. (Ord. 309 § 3 (Exh. C), 2019)

18.28.030 Fire-siting standards for dwellings and structures.

The following fire-siting standards or their equivalent shall apply to all new dwellings or structures in a forest zone:

(1) The dwelling shall be located upon a parcel within a fire protection district or shall be provided with residential fire protection by contract. If the dwelling is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included within the nearest such district. If the governing body determines that inclusion within a fire protection district or contracting for residential fire protection is impracticable, the governing body may provide an alternative means for protecting the dwelling from fire hazards that shall comply with the following:

(a) The means selected may include a fire sprinkling system, on-site equipment and water storage or other methods that are reasonable, given the site conditions;

(b) If a water supply is required for fire protection, it shall be a swimming pool, pond, lake, or similar body of water that at all times contains at least 4,000 gallons or a stream that has a continuous year-round flow of at least one cubic foot per second;

(c) The applicant shall provide verification from the water resources department that any permits or registrations required for water diversion or storage have been obtained or that permits or registrations are not required for the use; and

(d) Road access shall be provided to within 15 feet of the water’s edge for firefighting pumping units. The road access shall accommodate the turnaround of firefighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source.

(2) Road access to the dwelling shall meet road design standards described in OAR 660-006-0040.

(3) The owners of the dwellings and structures shall maintain a defensible space on their property consistent with the Crook County fire ready standards in the Crook County fire ready booklet.

(4) The dwelling shall have a fire-resistant roof, subject to the Oregon Specialty Structural Code.

(5) The dwelling shall not be sited on a slope of greater than 40 percent.

(6) If the dwelling has a chimney or chimneys, each chimney shall have a spark arrester. (Ord. 321 § 4, 2020; Ord. 309 § 3 (Exh. C), 2019)

18.28.035 Youth camps.

(1) The purpose of this section is to provide for the establishment of a youth camp that is generally self-contained and located on a parcel suitable to limit potential impacts on nearby and adjacent land and to be compatible with the forest environment.

(2) Changes to or expansions of youth camps established prior to the effective date of this section shall be subject to the provisions of ORS 215.130.

(3) An application for a proposed youth camp shall comply with the following:

(a) The number of overnight camp participants that may be accommodated shall be determined by the governing body, or its designate, based on the size, topography, geographic features and any other characteristics of the proposed site for the youth camp. Except as provided by subsection (3)(b) of this section, a youth camp shall not provide overnight accommodations for more than 350 youth camp participants, including staff.

(b) The governing body, or its designate, may allow up to eight nights during the calendar year when the number of overnight participants may exceed the total number of overnight participants allowed under subsection (3)(a) of this section.

(c) Overnight stays for adult programs primarily for individuals over 21 years of age, not including staff, shall not exceed 10 percent of the total camper nights offered by the youth camp.

(d) The use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands.

(e) A campground as described in Use 7.9 in Table 1 shall not be established in conjunction with a youth camp.

(f) A youth camp shall not be allowed in conjunction with an existing golf course.

(g) A youth camp shall not interfere with the exercise of legally established water rights on adjacent properties.

(4) The youth camp shall be located on a lawful parcel that is:

(a) Suitable to provide a forested setting needed to ensure a primarily outdoor experience without depending upon the use or natural characteristics of adjacent and nearby public and private land. This determination shall be based on the size, topography, geographic features and any other characteristics of the proposed site for the youth camp, as well as, the number of overnight participants and type and number of proposed facilities. A youth camp shall be located on a parcel of at least 80 acres.

(b) Suitable to provide a protective buffer to separate the visual and audible aspects of youth camp activities from other nearby and adjacent lands. The buffers shall consist of forest vegetation, topographic or other natural features as well as structural setbacks from adjacent public and private lands, roads, and riparian areas. The structural setback from roads and adjacent public and private property shall be 250 feet unless the governing body, or its designate, sets a different setback based upon the following criteria that may be applied on a case-by-case basis:

(i) The proposed setback will prevent conflicts with commercial resource management practices;

(ii) The proposed setback will prevent a significant increase in safety hazards associated with vehicular traffic; and

(iii) The proposed setback will provide an appropriate buffer from visual and audible aspects of youth camp activities from other nearby and adjacent resource lands.

(c) Suitable to provide for the establishment of sewage disposal facilities without requiring a sewer system as defined in OAR 660-011-0060(1)(f). Prior to granting final approval, the governing body or its designate shall verify that a proposed youth camp will not result in the need for a sewer system.

(5) A youth camp may provide for the following facilities:

(a) Recreational facilities limited to passive improvements, such as open areas suitable for ball fields, volleyball courts, soccer fields, archery or shooting ranges, hiking and biking trails, horseback riding or swimming that can be provided in conjunction with the site’s natural environment. Intensively developed facilities such as tennis courts, gymnasiums, and golf courses shall not be allowed. One swimming pool may be allowed if no lake or other water feature suitable for aquatic recreation is located on the subject property or immediately available for youth camp use.

(b) Primary cooking and eating facilities shall be included in a single building. Except in sleeping quarters, the governing body, or its designate, may allow secondary cooking and eating facilities in one or more buildings designed to accommodate other youth camp activities. Food services shall be limited to the operation of the youth camp and shall be provided only for youth camp participants. The sale of individual meals may be offered only to family members or guardians of youth camp participants.

(c) Bathing and laundry facilities except that they shall not be provided in the same building as sleeping quarters.

(d) Up to three camp activity buildings, not including primary cooking and eating facilities.

(e) Sleeping quarters including cabins, tents or other structures. Sleeping quarters may include toilets, but, except for the caretaker’s dwelling, shall not include kitchen facilities. Sleeping quarters shall be provided only for youth camp participants and shall not be offered as overnight accommodations for persons not participating in youth camp activities or as individual rentals.

(f) Covered areas that are not fully enclosed.

(g) Administrative, maintenance and storage buildings; permanent structure for administrative services, first aid, equipment and supply storage, and for use as an infirmary if necessary or requested by the applicant.

(h) An infirmary may provide sleeping quarters for the medical care provider (e.g., doctor, registered nurse, emergency medical technician, etc.).

(i) A caretaker’s residence may be established in conjunction with a youth camp prior to or after June 14, 2000, if no other dwelling exists on the subject property.

(6) A proposed youth camp shall comply with the following fire safety requirements:

(a) The fire-siting standards in CCC 18.28.030.

(b) A fire safety protection plan shall be developed for each youth camp that includes the following:

(i) Fire prevention measures;

(ii) On-site presuppression and suppression measures; and

(iii) The establishment and maintenance of fire safe area(s) in which camp participants can gather in the event of a fire.

(c) Except as determined under subsection (6)(d) of this section, a youth camp’s on-site fire suppression capability shall at least include:

(i) A 1,000-gallon mobile water supply that can access all areas of the camp;

(ii) A 30-gallon-per-minute water pump and an adequate amount of hose and nozzles;

(iii) A sufficient number of firefighting hand tools; and

(iv) Trained personnel capable of operating all fire suppression equipment at the camp during designated periods of fire danger.

(d) An equivalent level of fire suppression capability may be determined by the governing body, or its designate. The equivalent capability shall be based on the Oregon Department of Forestry’s (ODF) Wildfire Hazard Zone rating system, the response time of the effective wildfire suppression agencies, and consultation with ODF personnel if the camp is within an area protected by ODF and not served by a local structural fire protection provider.

(e) The provisions of subsection (6)(d) of this section may be waived by the governing body, or its designate, if the youth camp is located in an area served by a structural fire protection provider and that provider informs the governing body in writing that on-site fire suppression at the camp is not needed.

(7) The governing body, or its designate, shall require as a condition of approval of a youth camp, that the land owner of the youth camp sign and record in the deed records for the county a document binding the land owner, or operator of the youth camp if different from the owner, and the land owner’s or operator’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. (Ord. 309 § 3 (Exh. C), 2019)

18.28.040 Land divisions.

(1) The minimum parcel size for new forest parcels is 80 acres.

(2) New land divisions less than the parcel size in subsection (1) of this section may be approved for any of the following circumstances:

(a) For the Uses 1.8, 3.6, 3.7, 4.1, 4.3, 6.3, 6.5 through 6.8, 7.3 through 7.6, 7.8, and 7.9 in Table 1; provided, that such uses have been approved pursuant to CCC 18.28.020 and the parcel created from the division is the minimum size necessary for the use.

(b) For the establishment of a parcel for a dwelling that has existed since before June 1, 1995, subject to the following requirements:

(i) The parcel established may not be larger than five acres, except as necessary to recognize physical factors such as roads or streams, in which case the parcel shall not be larger than 10 acres; and

(ii) The parcel that does not contain the dwelling is not entitled to a dwelling unless subsequently authorized by law or goal and the parcel either:

(A) Meets the minimum land division standards of the zone; or

(B) Is consolidated with another parcel, and together the parcels meet the minimum land division standards of the zone.

(c) To allow a division of forest land to facilitate a forest practice as defined in ORS 527.620 that results in a parcel that does not meet the minimum area requirements of subsection (1) of this section. Approvals shall be based on findings that demonstrate that there are unique property specific characteristics present in the proposed parcel that require an amount of land smaller than the minimum area requirements of subsection (1) of this section in order to conduct the forest practice. Parcels created pursuant to this subsection:

(i) Are not eligible for siting of a new dwelling;

(ii) May not serve as the justification for the siting of a future dwelling on other lots or parcels;

(iii) May not, as a result of the land division, be used to justify redesignation or rezoning of resource lands; and

(iv) May not result in a parcel of less than 35 acres, unless the purpose of the land division is to:

(A) Facilitate an exchange of lands involving a governmental agency; or

(B) Allow transactions in which at least one participant is a person with a cumulative ownership of at least 2,000 acres of forest land.

(d) To allow a division of a lot or parcel zoned for forest use if:

(i) At least two dwellings lawfully existed on the lot or parcel prior to November 4, 1993;

(ii) Each dwelling complies with the criteria for a replacement dwelling under CCC 18.28.015(4)(a);

(iii) Except for one parcel, each parcel created under this section is between two and five acres in size;

(iv) At least one dwelling is located on each parcel created under this subsection; and

(v) The landowner of a parcel created under this subsection provides evidence that a restriction prohibiting the landowner and the landowner’s successors in interest from further dividing the parcel has been recorded with the county clerk of the county in which the parcel is located. A restriction imposed under this subsection shall be irrevocable unless a statement of release is signed by the county planning director of the county in which the parcel is located indicating that the comprehensive plan or land use regulations applicable to the parcel have been changed so that the parcel is no longer subject to statewide planning goals protecting forest land or unless the land division is subsequently authorized by law or by a change in a statewide planning goal for land zoned for forest use.

(e) To allow a proposed division of land to preserve open space or parks, as provided in ORS 215.783.

(3) A lot or parcel may not be divided under subsection (2)(d) of this section if an existing dwelling on the lot or parcel was approved under a statute, an administrative rule or a land use regulation as defined in ORS 197.015 that required removal of the dwelling or that prohibited subsequent division of the lot or parcel.

(4) Restrictions.

(a) An applicant for the creation of a parcel pursuant to subsection (2)(b) of this section shall provide evidence that a restriction on the remaining parcel, not containing the dwelling, has been recorded with the county clerk. The restriction shall allow no dwellings unless authorized by law or goal on land zoned for forest use except as permitted under subsection (2) of this section.

(b) A restriction imposed under this subsection shall be irrevocable unless a statement of release is signed by the county planning director of the county where the property is located indicating that the comprehensive plan or land use regulations applicable to the property have been changed in such a manner that the parcel is no longer subject to statewide planning goals pertaining to agricultural land or forest land.

(5) A landowner allowed a land division under subsection (2) of this section shall sign a statement that shall be recorded with the county clerk of the county in which the property is located, declaring that the landowner will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use.

(6) The county governing body or its designate may not approve a property line adjustment of a lot or parcel in a manner that separates a temporary hardship dwelling or home occupation from the parcel on which the primary residential use exists.

(7) A division of a lawfully established unit of land may occur along an urban growth boundary where the parcel remaining outside the urban growth boundary is zoned for forest use and is smaller than the minimum parcel size; provided, that:

(a) If the parcel contains a dwelling, it must be large enough to support continued residential use.

(b) If the parcel does not contain a dwelling:

(i) It is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

(ii) It may not be considered in approving a redesignation or rezoning of forest lands, except to allow a public park, open space, or other natural resource use; and

(iii) The owner of the parcel shall record with the county clerk an irrevocable deed restriction prohibiting the owner and all successors in interest from pursuing a cause of action or claim of relief alleging injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

(8) Minimum lot size in areas identified as big game winter range shall be:

(a) Three hundred twenty acres within the elk wintering range as designated in the county’s comprehensive plan, Goal 5 element.

(b) One hundred sixty acres within the critical deer winter range as designated in the county’s comprehensive plan, Goal 5 element.

(c) Eighty acres within the general winter range as designated in the county’s comprehensive plan, Goal 5 element. (Ord. 326 § 4 (Att. A), 2021; Ord. 309 § 3 (Exh. C), 2019)

18.28.045 Development standards.

All dwellings and structures approved pursuant to this chapter shall be sited in accordance with this section.

(1) Lot Size Standards. Lot size shall be consistent with the requirements of CCC 18.28.040.

(2) Setbacks.

(a) The front yard setback from the property line shall be 40 feet for property fronting a local street or minor collector, 60 feet from a property line fronting on a major collector right-of-way, and 100 feet from a property line fronting on an arterial.

(b) Rear yard setbacks shall be a minimum of 25 feet except for parcels with rear yards adjacent to forest lands. Such rear yards shall have a setback of a minimum of 100 feet.

(c) Each side yard setback shall be a minimum of 25 feet, and for parcels or lots with side yards adjacent to forest lands, the adjacent side yard shall be a minimum of 100 feet.

(d) Stream Setback. All sewage disposal installations, such as outhouses, septic tanks and drain field systems, shall be set back from the high-water line or mark along all streams and lakes a minimum of 100 feet, measured at right angles to the high-water line or mark. All structures, buildings, or similar permanent fixtures shall be set back from the high-water line or mark along all streams or lakes a minimum of 50 feet measured at right angles to the high-water line or mark.

(e) Every lot or land parcel shall have a minimum average width of 150 feet.

(3) Height. Dwellings shall not exceed a height of 30 feet. (Ord. 309 § 3 (Exh. C), 2019)

18.28.050 Fire safety design standards for roads.

Public roads, bridges, culverts, cattle guards, private roads and driveways shall be constructed to provide adequate access for firefighting equipment and shall comply with the Crook County road standards regarding proper road base and support for firefighting equipment on a year-round basis. (Ord. 309 § 3 (Exh. C), 2019)

18.28.055 Signs.

In an F-1 zone, the following signs are permitted: one sign not more than 32 square feet in area, not illuminated and located at least 10 feet from a property line and 40 feet from a major collector or arterial ROW. (Ord. 309 § 3 (Exh. C), 2019)

18.28.060 Restrictive covenants.

Restrictive covenants required under this chapter shall substantially comply with the form set forth below:

Declaration of Covenants, Conditions and Restrictions:

Whereas, the undersigned ____________ hereinafter referred to as ‘Declarant,’ is owner in fee simple of the property described in Exhibit A attached hereto and incorporated by reference herein; and

Whereas, the Declarant desires to declare his/her intention to create certain covenants, conditions and restrictions in order to effectuate and comply with the requirements of OAR 660-006-0027;

Declarant hereby declares that all of the property described on Exhibit A shall be held, sold, and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling.

These covenants, conditions and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed, and the authorized representative of the County or counties in which the property subject to these covenants, conditions and restrictions are located executes and records a release of the covenants, conditions and restrictions created by this instrument.

In witness whereof, the undersigned, being Declarant herein, has heretofore set their hand this _____ day of ___________.

(Ord. 309 § 3 (Exh. C), 2019)