(a) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.
(2) An applicant for a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) may demonstrate that the standards for approval set forth in subsection (1) of this section will be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective.
(3) A person engaged in farm or forest practices on lands devoted to farm or forest use may file a complaint with the local governing body or its designee alleging:
(a) That a condition imposed pursuant to subsection (2) of this section has been violated;
(b) That the violation has:
(A) Forced a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or
(B) Significantly increased the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and
(c) That the complainant is adversely affected by the violation.
(4) Upon receipt of a complaint filed under this section or ORS 215.218, the local governing body or its designee shall:
(a) Forward the complaint to the operator of the use;
(b) Review the complaint in the manner set forth in ORS 215.402 to 215.438; and
(c) Determine whether the allegations made in a complaint filed under this section or ORS 215.218 are true.
(5) Upon a determination that the allegations made in a complaint are true, the local governing body or its designee at a minimum shall notify the violator that a violation has occurred, direct the violator to correct the conditions that led to the violation within a specified time period and warn the violator against the commission of further violations.
(6) If the conditions that led to a violation are not corrected within the time period specified pursuant to subsection (5) of this section, or if there is a determination pursuant to subsection (4) of this section following the receipt of a second complaint that a further violation has occurred, the local governing body or its designee at a minimum shall assess a fine against the violator.
(7) If the conditions that led to a violation are not corrected within 30 days after the imposition of a fine pursuant to subsection (6) of this section, or if there is a determination pursuant to subsection (4) of this section following the receipt of a third or subsequent complaint that a further violation has occurred, the local governing body or its designee shall at a minimum order the suspension of the use until the violator corrects the conditions that led to the violation.
(8) If a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) is initiated without prior approval pursuant to subsection (1) of this section, the local governing body or its designee at a minimum shall notify the user that prior approval is required, direct the user to apply for approval within 21 days and warn the user against the commission of further violations. If the user does not apply for approval within 21 days, the local governing body or its designee shall order the suspension of the use until the user applies for and receives approval. If there is a determination pursuant to subsection (4) of this section following the receipt of a complaint that a further violation occurred after approval was granted, the violation shall be deemed a second violation and the local governing body or its designee at a minimum shall assess a fine against the violator.
(9)(a) The standards set forth in subsection (1) of this section do not apply to farm or forest uses conducted within:
(A) Lots or parcels with a single-family residential dwelling approved under ORS 215.213 (3), 215.284 (1), (2), (3), (4) or (7) or 215.705;
(B) An exception area approved under ORS 197.732; or
(C) An acknowledged urban growth boundary.
(b) A person residing in a single-family residential dwelling which was approved under ORS 215.213 (3), 215.284 (1), (2), (3), (4) or (7) or 215.705, which is within an exception area approved under ORS 197.732 or which is within an acknowledged urban growth boundary may not file a complaint under subsection (3) of this section.
(10) This section does not prevent a local governing body approving a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) from establishing standards in addition to those set forth in subsection (1) of this section or from imposing conditions to ensure conformance with the additional standards. [1989 c.861 §6; 1993 c.792 §15; 2001 c.704 §8; 2003 c.616 §3; 2011 c.567 §9]
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.