68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
HA to SB 834
LC 3575
HOUSE AMENDMENTS TO
SENATE BILL 834
By COMMITTEE ON NATURAL RESOURCES
May 18
On ****************************page 1 of the printed bill, line
2, after '215.213 ' insert 'and 215.283'.
On ****************************page 2, line 8, after
'facilities' insert 'overhead and'.
On ****************************page 5, after line 44, insert:
' **************************** { + SECTION 2. + } ORS 215.283
is amended to read:
' 215.283. (1) The following uses may be established in any
area zoned for exclusive farm use:
' (a) Public or private schools, including all buildings
essential to the operation of a school.
' (b) Churches and cemeteries in conjunction with churches.
' (c) The propagation or harvesting of a forest product.
' (d) Utility facilities necessary for public service, except
commercial facilities for the purpose of generating power for
public use by sale and transmission towers over 200 feet in
height.
' (e) A dwelling on real property used for farm use if the
dwelling is:
' (A) Located on the same lot or parcel as the dwelling of the
farm operator; and
' (B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
' (f) The dwellings and other buildings customarily provided in
conjunction with farm use.
' (g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
' (h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
' (i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
' (j) The breeding, kenneling and training of greyhounds for
racing in any county over 200,000 in population in which there is
located a greyhound racing track or in a county of over 200,000
in population contiguous to such a county.
' (k) Climbing and passing lanes within the right of way
existing as of July 1, 1987.
' (L) 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.
' (m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
' (n) 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.
' (o) A replacement dwelling to be used in conjunction with
farm use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
' (p) Seasonal farm-worker housing as defined in ORS 197.675.
' (q) Creation of, restoration of or enhancement of wetlands.
' (r) A winery, as described in ORS 215.452.
' (s) Farm stands, if:
' (A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
' (B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
' (t) Alteration, restoration or replacement of a lawfully
established dwelling that:
' (A) Has intact exterior walls and roof structure;
' (B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
' (C) Has interior wiring for interior lights;
' (D) Has a heating system; and
' (E) 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.
' (2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designate in any area
zoned for exclusive farm use subject to ORS 215.296:
' (a) Commercial activities that are in conjunction with farm
use.
' (b) Operations conducted for:
' (A) Mining and processing of geothermal resources as defined
by ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(g) of this section;
' (B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
' (C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
' (D) Processing of other mineral resources and other
subsurface resources.
' (c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds.
' (d) Parks, playgrounds or community centers owned and
operated by a governmental agency or a nonprofit community
organization.
' (e) Golf courses.
' (f) Commercial utility facilities for the purpose of
generating power for public use by sale.
' (g) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport as used in this section means an airstrip
restricted, except for aircraft emergencies, to use by the owner,
and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Department of Transportation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Department of Transportation.
' (h) Home occupations as provided in ORS 215.448.
' (i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
' (j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
' (k) One manufactured dwelling in conjunction with an existing
dwelling as a temporary use for the term of a hardship suffered
by the existing resident or a relative of the resident.
' (L) Transmission towers over 200 feet in height.
' (m) Dog kennels not described in subsection (1)(j) of this
section.
' (n) Residential homes as defined in ORS 197.660, in existing
dwellings.
' (o) The propagation, cultivation, maintenance and harvesting
of aquatic species.
' (p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
' (q) 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.
' (r) 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.
' (s) A destination resort which is approved consistent with
the requirements of any statewide planning goal relating to the
siting of a destination resort.
' (t) Room and board arrangements for a maximum of five
unrelated persons in existing residences.
' (3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designate, in areas zoned for exclusive
farm use subject to:
' (a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
' (b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.'.
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