Chapter 18.16 EXCLUSIVE FARM USE ZONE, EFU-1 (POST-PAULINA AREA)

Chapter 18.16
EXCLUSIVE FARM USE ZONE, EFU-1 (POST-PAULINA AREA)

Sections:

18.16.005 Regulations designated.

18.16.010 Uses permitted outright.

18.16.020 Conditional uses permitted.

18.16.030 Goal 5 conditional mining uses subject to hearing authority review.

18.16.040 Limitations on conditional uses.

18.16.050 Use limitations.

18.16.060 Farm dwelling.

18.16.070 Land divisions.

18.16.080 Limitations on nonfarm residential uses.

18.16.090 Dimensional standards.

18.16.100 Yards.

18.16.110 Signs.

18.16.120 Special nonfarm parcel criteria.

18.16.130 Parcel size exception.

18.16.005 Regulations designated.

In an EFU-1 zone, the following regulations shall apply. (Ord. 18 § 3.010, 2003)

18.16.010 Uses permitted outright.

In an EFU-1 zone, the following uses and accessory uses thereof are permitted outright: all uses authorized under ORS 215.283(1), in conjunction with any other applicable provisions of this chapter. (Ord. 231 § 1 (Exh. A), 2010; Ord. 190 § 1, 2007; Ord. 18 § 3.010(1), 2003)

18.16.020 Conditional uses permitted.

In an EFU-1 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of Chapter 18.160 CCC and in conjunction with any other applicable provisions of this chapter: all uses authorized under ORS 215.283(2) and (3). (Ord. 231 § 1 (Exh. A), 2010; Ord. 18 § 3.010(2), 2003)

18.16.030 Goal 5 conditional mining uses subject to hearing authority review.

See uses and procedures described in Chapter 18.144 CCC. (Ord. 18 § 3.010(3), 2003)

18.16.040 Limitations on conditional uses.

In addition to the general standards and conditions that may be attached to the approval of a conditional use as provided by Chapter 18.160 CCC, the following limitations shall apply to a conditional use permitted in CCC 18.16.020.

A use allowed under CCC 18.16.020 may be approved where the county finds that the use will not:

(1) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or

(2) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.

An applicant for a use allowed under CCC 18.16.020 may demonstrate that the standards under subsections (1) and (2) of this section will be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective. (Ord. 18 § 3.010(4), 2003)

18.16.050 Use limitations.

No conflicting use shall be allowed in any Goal 5 mining impact area designated in the comprehensive plan without first obtaining approval under the standards and criteria set forth in this section.

(1) Review and Approval Criteria. An application for review shall be required for a conflicting use in an impact area prior to commencement of construction of the use. The approving authority shall review and approve the application provided:

(a) The proposed use is consistent with the ESEE analysis in the comprehensive plan; and

(b) The proposed use will not prevent the adjacent aggregate operator from meeting the standards and conditions set forth in Chapter 18.144 CCC.

(2) Waiver of Remonstrance. The applicant for site plan approval of a conflicting use in the Goal 5 mining impact area shall sign and record in the Crook County book of records a statement declaring that the applicant and his or her successors will not now or in the future complain about the allowed surface mining activities on the adjacent surface mining site.

(3) Development Agreement and Performance Bond. As a condition of approval, the applicant may be required to execute a development agreement with the county and performance bond or other form of security approved by the county to ensure full and faithful performance of any required improvements. Any bond shall be for 100 percent of the dollar required of the improvement cost. (Ord. 18 § 3.010(5), 2003)

18.16.060 Farm dwelling.

The resource dwellings identified in CCC 18.16.010 and 18.16.020 may be approved for a commercial farm or ranch based upon the following:

(1) The size of the entire resource unit including all contiguous land in the same ownership; the types of farm crops and acreage for each type; operational requirements for the particular farm activity; the number of other permanent or temporary dwellings on or serving the entire farm or ranch unit (permanent and seasonal); the extent and nature of the work to be performed by occupants of the proposed dwelling.

(2) The dwelling will be situated on a parcel currently employed for farm use as defined in ORS 215.203. Land is not in farm use unless the day-to-day activities on the subject land are principally directed to the farm use of the land consistent with accepted farming practices.

(3) Notice of the proposed administrative approval of a dwelling in conjunction with farm use as provided for in CCC 18.16.010 shall be mailed to adjoining property owners. Within 10 days following notice to adjoining property owners, the application shall be considered for approval by the planning director. An objection by an adjoining property owner shall result in a review of the application by the planning commission as a conditional use permit.

(4) Farm Hand or Secondary Resource Dwelling. When determining whether a proposed farm hand or secondary dwelling may be provided, the farm owner or operator shall demonstrate that an occupant of the proposed dwelling is required to assist in the commercial farm or ranch operation.

(5) Commercial Resource Determination. When determining whether an existing or proposed parcel is a commercial farm or ranch unit, the standards of this section shall be met and the following factors shall be considered:

(a) Soil productivity; drainage; terrain, special soil and land conditions; availability of water; type and acreage of crops grown; crops yields; number and type of livestock; processing and marketing practices; and the amount of land needed to constitute a commercial agricultural enterprise as defined in CCC 18.08.030. (Ord. 18 § 3.010(6), 2003)

18.16.070 Land divisions.

Divisions of land shall be only allowed when consistent with the requirements of this chapter and the land development ordinance.

(1) Farm Parcels. Division of land for farm parcels shall be appropriate for the continuation of the existing commercial agricultural operations in the area, but shall not be less than the minimum size established in ORS 215.780 and CCC 18.16.090.

(2) Nonfarm Parcels. Division of land for nonfarm parcels shall comply with the following requirements including CCC 18.16.080:

(a) Nonfarm dwellings have been approved for the proposed parcels pursuant to CCC 18.16.020(14);

(b) The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully created prior to July 1, 2001;

(c) Two nonfarm parcels may be created as long as the remainder of the original parcel meets or exceeds the minimum standards established by CCC 18.16.090;

(d) For those existing parcels that are below the minimum size established by CCC 18.16.090, but are greater than 40 acres, compliance with CCC 18.16.120 is required.

(3) Minimum lot size shall be 320 acres within the elk wintering range as designated in the county’s comprehensive plan, Goal 5 element. Minimum lot size for critical deer winter range shall be 160 acres, as designated by the county’s comprehensive plan, Goal 5 element. Minimum lot size for general winter range shall be 80 acres.

(4) A land division for a nonfarm dwelling may be approved only if the nonfarm dwelling has first been approved under CCC 18.16.020. (Ord. 18 § 3.010(7), 2003)

18.16.080 Limitations on nonfarm residential uses.

The county may approve a nonfarm residential dwelling upon a finding that the proposed dwelling:

(1) Accepted Farm or Forest Practices. Will not seriously interfere with or force a significant change in accepted farm and forest practices, as defined in ORS 215.203(2)(C), on nearby or adjacent lands devoted to farm use or forest use, including but not limited to increasing the costs of accepted farm or forest practices on nearby land devoted to farm use.

(2) Land Use Pattern. The dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the county shall consider the cumulative impacts of new nonfarm dwellings on other lots or parcels in the area. If the application involves the creation of a new parcel for the nonfarm dwelling, the county shall consider whether creation of the parcel will lead to the creation of other nonfarm parcels, to the detriment of agriculture in the area. To address this standard, the applicant shall:

(a) Identify a study area representative of the surrounding agricultural area including adjacent and nearby land zoned for exclusive farm use. Nearby land zoned for rural residential or other urban or nonresource uses shall not be included;

(b) Identify the types and sizes of all farm and nonfarm uses and the stability of the existing land use pattern within the identified study area; and

(c) Explain how the introduction of the proposed nonfarm dwelling will not materially alter the land use pattern within the identified study area.

The applicant’s evidence shall be sufficient to enable the county to make findings on these issues as well as other applicable requirements.

(3) Unsuitability for Agriculture.

(a) The dwelling is situated upon a lot or parcel, or a portion of a lot or parcel, that is generally unsuitable land for the production of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. A lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm use in conjunction with other land. A lot or parcel is not generally unsuitable simply because it is too small to be farmed profitably by itself. If a lot or parcel can be sold, leased, rented or otherwise managed as a part of a commercial farm or ranch, it is not generally unsuitable. A lot or parcel is presumed to be suitable if it is composed predominantly of Class I through VI soils. Just because a lot or parcel is unsuitable for one farm use does not mean it is not suitable for another farm use.

(b) If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable land for the production of merchantable tree species recognized by the forest practices rules, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel. If a lot or parcel is under forest assessment, the area is not managed for forest production profitably by itself. If rented or otherwise managed as a part of a forestry operation, it is not generally unsuitable. If a lot or parcel is under forest assessment, it is presumed suitable if it is producing 20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be found surrounding land it must not force a significant change in forest practices or significantly increase the cost of those practices on the surrounding land.

(4) Other Conditions Deemed Necessary. Complies with such other conditions, as the county considers necessary.

(5) Creation of Lot. The dwelling will be sited on a lot or parcel created before January 1, 1993, or on a lot or parcel created after January 1, 1993, pursuant to CCC 18.16.070(4).

(6) Disqualification from Farm Deferral. Prior to final approval of a building permit for a use governed by this section, the entire lot or parcel upon which the nonfarm dwelling will be located must be disqualified for farm assessments pursuant to ORS 215.236. (Ord. 231 § 1 (Exh. A), 2010; Ord. 18 § 3.010(8), 2003)

18.16.090 Dimensional standards.

In an EFU-1 zone, the following dimensional standards shall apply:

(1) The minimum new parcel size for farm use permitted by this chapter shall be 160 acres unless a larger minimum size is necessary to satisfy CCC 18.16.070 based on an evaluation of the subject property and commercial agricultural enterprises, as defined in CCC 18.08.030, located in the same zone at least one mile from the property boundary of the subject property, which shows the proposed parcels are equal to or greater than the typical commercial agricultural enterprise in the area.

(2) The minimum lot area for a nonfarm dwelling shall be based upon the requirements of CCC 18.16.080, but shall not be smaller than 10 acres.

(3) The minimum lot area for all nonfarm uses listed under CCC 18.16.020 (except dwellings) shall not be larger than the minimum necessary for the use.

(4) A land division for a nonfarm dwelling may be approved only if the nonfarm dwelling has first been approved under CCC 18.16.040. (Ord. 18 § 3.010(9), 2003)

18.16.100 Yards.

In an EFU-1 zone, the minimum yard setback requirements shall be as follows:

In an exclusive farm use zone (EFU) the minimum setback of a residence or habitable structure from a property line shall be 100 feet.

(1) If a parcel in the EFU zone is nonbuildable as a result of the habitable structure setback requirements, the commission may consider a conditional use application from the landowner to adjust the setback requirements to make the parcel buildable.

(2) The minimum setbacks for all accessory structures are:

(a) Front yard setback shall be 20 feet for property fronting on a local minor collector or marginal access street, 30 feet from a property line fronting on a major collector ROW, and 80 feet from an arterial ROW unless other provisions for combining accesses are provided and approved by the county.

(b) Each side yard shall be a minimum of 20 feet, except corner lots where the side yard on the street side shall be a minimum of 30 feet.

18.16.110 Signs.

In an EFU-1 zone, the following signs are permitted:

(1) One nameplate for each dwelling unit not more than one and one-half square feet in area and shall not be illuminated.

(2) One temporary sign advertising the sale, lease or rental of the property on which it is located, not more than three square feet in area and not illuminated.

(3) One sign identifying the name of a farm or ranch of 160 acres or greater, not more than 32 square feet in area, not illuminated, and located at least 10 feet from a property line.

(4) One sign identifying an enterprise other than a farm or ranch, a conditional use, not more than 25 square feet in area, not illuminated, and located at least 10 feet from a property line. (Ord. 18 § 3.010(11), 2003)

18.16.120 Special nonfarm parcel criteria.

Standards for land divisions for parcels equal to or below minimum size as established by ORS 215.780.

(1) A parcel may be divided into two nonfarm parcels each to contain one dwelling not in conjunction with farm use upon a finding that:

(a) Nonfarm dwellings have been approved pursuant to CCC 18.16.080;

(b) Parcel was lawfully created prior to July 1, 2001;

(d) Parcels are not capable of producing at least 20 cubic feet per acre of wood fiber;

(e) There are not any established water rights for irrigation;

(f) Composed of 90 percent Class VII and VIII soils;

(g) Composed of 90 percent Class VI through VIII soils and complying with subsection (2) of this section.

(2) Parcels identified in subsection (1)(g) of this section must demonstrate that the sites are not capable of producing adequate herbaceous forage for grazing livestock. These findings shall include the following:

(a) Whether the parcel is an open range or a livestock district.

(b) Whether the parcel is currently fenced.

(d) Size of parcel.

(e) AUM’s availability determined by on-site study by qualified independent party such as a Crook County soil and water conservation representative or USDA Natural Resources Conservation Representative, or in the private sector, a range consultant or professional in rangeland management certified by the Society of Range Management. The study shall use accepted practices in the identification of herbaceous forage, using best management practices in determining the parcel’s capability for herbaceous forage production. The study shall include the total pounds for current year dry matter herbaceous forage on site.

(f) Each site shall have not more than 13,000 pounds current year dry matter herbaceous forage.

(3) Parcels approved pursuant to subsections (1) and (2) of this section shall have the following conditions imposed to minimize any impacts to adjacent farming practices:

(a) A conservation plan to be submitted prior to issuance of building permit for a nonfarm dwelling addressing animal management, weed control, juniper/fire issues, and erosion control measures if located on sloped land.

(b) Nonfarm parcels are to be removed from farm deferral, if on program, prior to final plat approval and recording.

18.16.130 Parcel size exception.

Whereas land sections in the area of the county subject to this section are commonly affected by survey adjustments, requirements relative to farm or lot sizes shall be considered as standard metes and bounds land section divisions; i.e., 160, 80, 40, 20, etc. Therefore, lot sizes may be reduced by five percent due to a survey adjustment or other manmade barriers such as roads or major canals over which the applicant has had no control. (Ord. 18 § 3.010(13), 2003)