69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2469

                         House Bill 2466

Sponsored by Representative LUKE (at the request of George Read
  and the Deschutes County Community Development Department)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows division of lot or parcel in exclusive farm use zone
outside of Willamette Valley if lot or parcel was created before
January 1, 1993, and contains existing nonfarm dwelling.

                        A BILL FOR AN ACT
Relating to division of land zoned for exclusive farm use;
  amending ORS 215.263.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.263 is amended to read:
  215.263. (1) Any proposed division of land included within an
exclusive farm use zone resulting in the creation of one or more
parcels of land shall be reviewed and approved or disapproved by
the governing body or its designate of the county in which the
land is situated. The governing body of a county by ordinance
shall require such prior review and approval for such divisions
of land within exclusive farm use zones established within the
county.
  (2) The governing body of a county or its designate may approve
a proposed division of land to create parcels for farm use as
defined in ORS 215.203 if it finds:
  (a) That the proposed division of land is appropriate for the
continuation of the existing commercial agricultural enterprise
within the area; or
  (b) The parcels created by the proposed division are not
smaller than the minimum lot size acknowledged under ORS 197.251.
  (3) The governing body of a county or its designate may approve
a proposed division of land in an exclusive farm use zone for
nonfarm uses, except dwellings, set out in ORS 215.213 (2) or
215.283 (2) if it finds that the parcel for the nonfarm use is
not larger than the minimum size necessary for the use. The
governing body may establish other criteria as it considers
necessary.
  (4) The governing body of a county may approve a division of
land in an exclusive farm use zone for a dwelling not provided in
conjunction with farm use only if the dwelling has been approved
under ORS 215.213 (3) or 215.284 (3) or (4).
  (5) This section shall not apply to the creation or sale of
cemetery lots, if a cemetery is within the boundaries designated
for a farm use zone at the time the zone is established.

  (6) This section shall not apply to divisions of land resulting
from lien foreclosures or divisions of land resulting from
foreclosure of recorded contracts for the sale of real property.
  (7) The governing body of a county shall not approve any
proposed division of a lot or parcel described in ORS 215.213
(1)(e) or 215.283 (1)(e) or 215.284 (1)   { - or (2) - } .
  (8) The governing body of a county may approve a proposed
division of land in an exclusive farm use zone to create a parcel
with an existing dwelling to be used:
  (a) As a residential home as described in ORS 197.660 (2) only
if the dwelling has been approved under ORS 215.213 (3) or
215.284 (1), (2), (3) or (4); and
  (b) For historic property that meets the requirements of ORS
215.213 (1)(q) and 215.283 (1)(o).
  (9) The governing body of a county shall not approve a division
of land for nonfarm use under subsection (3), (4) or (8) of this
section unless any additional tax imposed for the change in use
has been paid.
  (10) Parcels used or to be used for training or stabling
facilities shall not be considered appropriate to maintain the
existing commercial agricultural enterprise in an area where
other types of agriculture occur.
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