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 2320

                         House Bill 2927

Sponsored by COMMITTEE ON ENVIRONMENT AND ENERGY


                             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.

  Requires county to approve applications for certain rural
dwellings in farm or forest zones upon fulfillment of certain
conditions.

                        A BILL FOR AN ACT
Relating to rural dwellings; amending ORS 215.705, 215.740 and
  215.750.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.705 is amended to read:
  215.705. (1)  { + Except as provided in subsection (5) of this
section, + } a governing body of a county or its designate
 { - may - }  { +  shall + } allow the establishment of a
single-family dwelling on a lot or parcel located within a farm
or forest zone as set forth in this section and ORS 215.710,
215.720, 215.740 and 215.750 after notifying the county assessor
that the governing body intends to allow the dwelling. A dwelling
under this section   { - may - }  { +  shall + } be allowed if:
  (a) The lot or parcel on which the dwelling will be sited was
lawfully created and was acquired by the present owner:
  (A) Prior to January 1, 1985; or
  (B) By devise or by intestate succession from a person who
acquired the lot or parcel prior to January 1, 1985.
  (b) The tract on which the dwelling will be sited does not
include a dwelling.
  (c) The proposed dwelling is not prohibited by, and will comply
with, the requirements of the acknowledged comprehensive plan and
land use regulations and other provisions of law.
  (d) The lot or parcel on which the dwelling will be sited, if
zoned for farm use, is not on that high-value farmland described
in ORS 215.710 except as provided in subsections (2) and (3) of
this section.
  (e) The lot or parcel on which the dwelling will be sited, if
zoned for forest use, is described in ORS 215.720, 215.740 or
215.750.
  (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 is
consistent with the limitations on density upon which the
acknowledged comprehensive plan and land use regulations intended
to protect the habitat are based.

  (g) When the lot or parcel on which the dwelling will be sited
is part of a tract, the remaining portions of the tract are
consolidated into a single lot or parcel when the dwelling is
allowed.
  (2)(a) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
  (A) It meets the other requirements of ORS 215.705 to 215.750;
  (B) The lot or parcel is protected as high-value farmland as
described under ORS 215.710 (1); and
  (C) A hearings officer of a county determines that:
  (i) The lot or parcel cannot practicably be managed for farm
use, by itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land or its physical
setting that do not apply generally to other land in the
vicinity.
  (ii) The dwelling will comply with the provisions of ORS
215.296 (1).
  (iii) The dwelling will not materially alter the stability of
the overall land use pattern in the area.
  (b) A local government shall provide notice of all applications
for dwellings allowed under this subsection to the State
Department of Agriculture. Notice shall be provided in accordance
with the governing body's land use regulations but shall be
mailed at least 20 calendar days prior to the public hearing
before the hearings officer under paragraph (a) of this
subsection.
  (3) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
  (a) It meets the other requirements of ORS 215.705 to 215.750.
  (b) The tract on which the dwelling will be sited is:
  (A) Identified in ORS 215.710 (3) or (4);
  (B) Not protected under ORS 215.710 (1); and
  (C) Twenty-one acres or less in size.
  (c)(A) The tract is bordered on at least 67 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
two such tracts had dwellings on them on January 1, 1993; or
  (B) The tract is bordered on at least 25 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
four dwellings existed on January 1, 1993, within one-quarter
mile of the center of the subject tract. Up to two of the four
dwellings may lie within the urban growth boundary, but only if
the subject tract abuts an urban growth boundary.
  (4) If land is in a zone that allows both farm and forest uses,
is acknowledged to be in compliance with goals relating to both
agriculture and forestry and may qualify as an exclusive farm use
zone under this chapter, the county may apply the standards for
siting a dwelling under either subsection (1)(d) of this section
or ORS 215.720, 215.740 and 215.750 as appropriate for the
predominant use of the tract on January 1, 1993.
  (5) A county may, by application of criteria adopted by
ordinance, deny approval of a dwelling allowed under this section
in any area where the county determines that approval of the
dwelling would:
  (a) Exceed the facilities and service capabilities of the area;
  (b) Materially alter the stability of the overall land use
pattern in the area; or
  (c) Create conditions or circumstances that the county
determines would be contrary to the purposes or intent of its
acknowledged comprehensive plan or land use regulations.
  (6) For purposes of subsection (1)(a) of this section, ' 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.
  (7) When a local government approves an application for a
single-family dwelling under the provisions of this section, the
application may be transferred by a person who has qualified
under this section to any other person after the effective date
of the land use decision.
  SECTION 2. ORS 215.740 is amended to read:
  215.740. (1) If a dwelling is not allowed under ORS 215.720
(1), a dwelling   { - may - }  { +  shall + } be allowed on land
zoned for forest use under a goal protecting forestland if it
complies with other provisions of law and is sited on a tract:
  (a) In eastern Oregon of at least 240 contiguous acres except
as provided in subsection (3) of this section; or
  (b) In western Oregon of at least 160 contiguous acres except
as provided in subsection (3) of this section.
  (2) For purposes of subsection (1) of this section, a tract
shall not be considered to consist of less than 240 acres or 160
acres because it is crossed by a public road or a waterway.
  (3)(a) An owner of tracts that are not contiguous but are in
the same county or adjacent counties and zoned for forest use may
add together the acreage of two or more tracts to total 320 acres
or more in eastern Oregon or 200 acres or more in western Oregon
to qualify for a dwelling under subsection (1) of this section.
  (b) If an owner totals 320 or 200 acres, as appropriate, under
paragraph (a) of this subsection, the owner shall submit proof of
nonrevocable deed restrictions recorded in the deed records for
the tracts in the 320 or 200 acres, as appropriate.  The deed
restrictions shall preclude all future rights to construct a
dwelling on the tracts or to use the tracts to total acreage for
future siting of dwellings for present and any future owners
unless the tract is no longer subject to protection under goals
for agricultural lands or forestlands.
  (c) The Land Conservation and Development Commission shall
adopt rules that prescribe the language of the deed restriction,
the procedures for recording, the procedures under which counties
shall keep records of lots or parcels used to create the total,
the mechanisms for providing notice to subsequent purchasers of
the limitations under paragraph (b) of this subsection and other
rules to implement this section.
  SECTION 3. ORS 215.750 is amended to read:
  215.750. (1) In western Oregon, a governing body of a county or
its designate   { - may - }  { +  shall + } allow the
establishment of a single-family dwelling 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 0 to 49 cubic feet per acre per year
of wood fiber if:
  (A) 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
  (B) At least three dwellings existed on January 1, 1993, on the
other lots or parcels;
  (b) Capable of producing 50 to 85 cubic feet per acre per year
of wood fiber if:
  (A) 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
  (B) At least three dwellings existed on January 1, 1993, on the
other lots or parcels; or
  (c) Capable of producing more than 85 cubic feet per acre per
year of wood fiber if:
  (A) 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

  (B) At least three dwellings existed on January 1, 1993, on the
other lots or parcels.
  (2) In eastern Oregon, a governing body of a county or its
designate   { - may - }  { +  shall + } allow the establishment
of a single-family dwelling 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 0 to 20 cubic feet per acre per year
of wood fiber if:
  (A) 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
  (B) At least three dwellings existed on January 1, 1993, on the
other lots or parcels;
  (b) Capable of producing 21 to 50 cubic feet per acre per year
of wood fiber if:
  (A) 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
  (B) At least three dwellings existed on January 1, 1993, on the
other lots or parcels; or
  (c) Capable of producing more than 50 cubic feet per acre per
year of wood fiber if:
  (A) 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
  (B) At least three dwellings existed on January 1, 1993, on the
other lots or parcels.
  (3) Lots or parcels within urban growth boundaries shall not be
used to satisfy the eligibility requirements under subsection (1)
or (2) of this section.
  (4) A proposed dwelling under this subsection is not allowed:
  (a) If it is prohibited by or will not comply with the
requirements of an acknowledged comprehensive plan or
acknowledged land use regulations or other provisions of law.
  (b) Unless it complies with the requirements of ORS 215.730.
  (c) Unless no dwellings are allowed on other lots or parcels
that make up the tract and deed restrictions established under
ORS 215.740 (3) for the other lots or parcels that make up the
tract are met.
  (d) If the tract on which the dwelling will be sited includes a
dwelling.
  (5) Except as described in subsection (6) of this section, if
the tract under subsection (1) or (2) of this section 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-fourth mile wide centered on the center of the subject tract
and that is to the maximum extent possible, aligned with the
road.
  (6)(a) If a tract 60 acres or larger described under subsection
(1) or (2) of this section abuts a road or perennial stream, the
measurement shall be made in accordance with subsection (5) 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-fourth 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.
  (b) 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.
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