(2) The governing body or its designee may not grant final approval of an application made under ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7) for the establishment of a dwelling on a lot or parcel in an exclusive farm use zone that is, or has been, receiving special assessment without evidence that the lot or parcel upon which the dwelling is proposed has been disqualified for special assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855 and any additional tax imposed as the result of disqualification has been paid.
(3) The governing body or its designee may grant tentative approval of an application made under ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7) for the establishment of a dwelling on a lot or parcel in an exclusive farm use zone that is specially assessed at value for farm use under ORS 308A.050 to 308A.128 upon making the findings required by ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7). An application for the establishment of a dwelling that has been tentatively approved shall be given final approval by the governing body or its designee upon receipt of evidence that the lot or parcel upon which establishment of the dwelling is proposed has been disqualified for special assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855 and any additional tax imposed as the result of disqualification has been paid.
(4) The owner of a lot or parcel upon which the establishment of a dwelling has been tentatively approved as provided by subsection (3) of this section shall, before final approval, simultaneously:
(a) Notify the county assessor that the lot or parcel is no longer being used as farmland or for other specially assessed uses described in subsection (2) or (3) of this section;
(b) Request that the county assessor disqualify the lot or parcel from special assessment under ORS 308A.050 to 308A.128, 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855; and
(c) Pay any additional tax imposed upon disqualification from special assessment.
(5) Except as provided in subsection (6) of this section, a lot or parcel that has been disqualified pursuant to subsection (4) of this section may not requalify for special assessment unless, when combined with another contiguous lot or parcel, it constitutes a qualifying parcel.
(6)(a) A lot or parcel that has been disqualified pursuant to subsection (4) of this section may requalify for wildlife habitat special assessment under ORS 308A.403 to 308A.430 or conservation easement special assessment under ORS 308A.450 to 308A.465 without satisfying the requirements of subsection (5) of this section.
(b) Upon disqualification from wildlife habitat special assessment under ORS 308A.430 or disqualification from conservation easement special assessment under ORS 308A.465, the lot or parcel shall be subject to the requirements of subsection (5) of this section.
(7) When the owner of a lot or parcel upon which the establishment of a dwelling has been tentatively approved notifies the county assessor that the lot or parcel is no longer being used as farmland and requests disqualification of the lot or parcel for special assessment at value for farm use, the county assessor shall:
(a) Disqualify the lot or parcel for special assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment by removing the special assessment;
(b) Provide the owner of the lot or parcel with written notice of the disqualification; and
(c) Impose the additional tax, if any, provided by statute upon disqualification.
(8) The Department of Consumer and Business Services, a building official, as defined in ORS 455.715 (1), or any other agency or official responsible for the administration and enforcement of the state building code, as defined in ORS 455.010, may not issue a building permit for the construction of a dwelling on a lot or parcel in an exclusive farm use zone without evidence that the owner of the lot or parcel upon which the dwelling is proposed to be constructed has paid the additional tax, if any, imposed by the county assessor under subsection (7)(c) of this section. [1981 c.748 §46; 1983 c.462 §14; 1983 c.570 §6; 1983 c.826 §23; 1985 c.717 §6; 1985 c.811 §6; 1987 c.305 §5; 1987 c.414 §147; 1991 c.459 §346; 1993 c.792 §27; 1993 c.801 §36a; 1999 c.314 §58; 2001 c.704 §7; 2003 c.454 §85; 2003 c.539 §19; 2003 c.621 §68; 2007 c.809 §13]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 215 - County Planning; Zoning; Housing Codes
Section 215.010 - Definitions.
Section 215.020 - Authority to establish county planning commissions.
Section 215.030 - Membership of planning commission.
Section 215.042 - Planning director.
Section 215.044 - Solar access ordinances; purpose; standards.
Section 215.050 - Comprehensive planning, zoning and subdivision ordinances; copies available.
Section 215.130 - Application of ordinances and comprehensive plan; alteration of nonconforming use.
Section 215.135 - Expansion of nonconforming school in exclusive farm use zone.
Section 215.185 - Remedies for unlawful structures or land use.
Section 215.203 - Zoning ordinances establishing exclusive farm use zones; definitions.
Section 215.211 - Agricultural land; detailed soils assessment; fee.
Section 215.212 - Soils Assessment Fund; purposes.
Section 215.215 - Reestablishment of nonfarm use.
Section 215.223 - Procedure for adopting zoning ordinances; notice.
Section 215.236 - Nonfarm dwelling in exclusive farm use zone; qualification for special assessment.
Section 215.239 - Siting of agri-tourism event or activity.
Section 215.243 - Agricultural land use policy.
Section 215.247 - Transport of biosolids to tract of land for application.
Section 215.249 - Division of land for application of biosolids.
Section 215.251 - Relationship to other farm uses.
Section 215.253 - Restrictive local ordinances affecting farm use zones prohibited; exception.
Section 215.255 - Farm product processing facility; conditions.
Section 215.262 - Legislative findings related to nonfarm dwellings.
Section 215.263 - Land divisions in exclusive farm use zones; criteria for approval; rules.
Section 215.265 - Land divisions; limiting certain causes of action.
Section 215.276 - Required consultation for transmission lines to be located on high-value farmland.
Section 215.278 - Accessory dwellings for farmworkers; rules.
Section 215.279 - Farm income standard for dwelling in conjunction with farm use.
Section 215.282 - Dwellings in conjunction with commercial dairy farm; rules.
Section 215.283 - Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules.
Section 215.294 - Railroad facilities handling materials regulated under ORS chapter 459 or 466.
Section 215.297 - Verifying continuity for approval of certain uses in exclusive farm use zones.
Section 215.298 - Mining in exclusive farm use zone; land use permit.
Section 215.299 - Policy on mining resource lands.
Section 215.301 - Blending materials for cement prohibited near vineyards; exception.
Section 215.304 - Rule adoption; limitations.
Section 215.306 - Conducting filming activities in exclusive farm use zones.
Section 215.312 - Public safety training facility.
Section 215.316 - Termination of adoption of marginal lands.
Section 215.317 - Permitted uses on marginal land.
Section 215.327 - Divisions of marginal land.
Section 215.401 - Preapplication process for land use approval of disposal site for composting.
Section 215.402 - Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780.
Section 215.412 - Adoption of hearing procedure and rules.
Section 215.417 - Time to act under certain approved permits; extension.
Section 215.418 - Approval of development on wetlands; notice.
Section 215.425 - Review of decision relating to aggregate resources.
Section 215.427 - Final action on permit or zone change application; refund of application fees.
Section 215.431 - Plan amendments; hearings by planning commission or hearings officer; exceptions.
Section 215.435 - Deadline for final action by county on remand of land use decision; exception.
Section 215.439 - Solar energy systems in residential or commercial zones.
Section 215.445 - Use of private property for mobile medical clinic.
Section 215.446 - Renewable energy facility; application; standards; notices.
Section 215.447 - Photovoltaic solar power generation facilities on high-value farmland.
Section 215.448 - Home occupations; parking; where allowed; conditions.
Section 215.449 - Farm brewery; conditions; permissible uses; reporting.
Section 215.451 - Cider business; conditions; permissible uses; reporting.
Section 215.452 - Winery; conditions; permissible uses.
Section 215.453 - Large winery; conditions; permissible uses.
Section 215.454 - Lawful continuation of certain winery-related uses or structures.
Section 215.456 - Siting winery as commercial activity in exclusive farm use zone.
Section 215.457 - Youth camps allowed in forest zones and mixed farm and forest zones.
Section 215.459 - Private campground in forest zones and mixed farm and forest zones; yurts; rules.
Section 215.461 - Guest ranch; conditions; permissible uses; reporting.
Section 215.462 - Limitations on guest ranch.
Section 215.495 - Accessory dwelling units in rural residential zones.
Section 215.513 - Forwarding of notice to property purchaser.
Section 215.606 - Standards for clustered mailboxes in county roads and rights-of-way.
Section 215.615 - Application and contents of housing ordinances.
Section 215.700 - Resource land dwelling policy.
Section 215.705 - Dwellings in farm or forest zone; criteria; transferability of application.
Section 215.710 - High-value farmland description for ORS 215.705.
Section 215.720 - Criteria for forestland dwelling under ORS 215.705.
Section 215.730 - Additional criteria for forestland dwelling under ORS 215.705.
Section 215.740 - Large tract forestland dwelling; criteria; rules.
Section 215.750 - Alternative forestland dwelling; criteria.
Section 215.755 - Other forestland dwellings; criteria.
Section 215.757 - Accessory dwellings supporting family forestry; conditions.
Section 215.760 - Agricultural buildings on land zoned for forest use or mixed farm and forest use.
Section 215.780 - Minimum lot or parcel sizes; land division to establish a dwelling; recordation.
Section 215.785 - Exception to minimum lot or parcel sizes.
Section 215.788 - Legislative review of lands zoned for farm and forest use; criteria.
Section 215.794 - Review of county rezoning designations; rules.
Section 215.799 - Location of dwellings on wildlife habitat land.