(a) The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;
(b) The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in paragraph (a) of this subsection; and
(c) The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this section.
(2) In addition to producing and distributing wine, a winery described in subsection (1) of this section may:
(a) Market and sell wine produced in conjunction with the winery;
(b) Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:
(A) Wine tastings in a tasting room or other location on the premises occupied by the winery;
(B) Wine club activities;
(C) Winemaker luncheons and dinners;
(D) Winery and vineyard tours;
(E) Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;
(F) Winery staff activities;
(G) Open house promotions of wine produced in conjunction with the winery; and
(H) Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery;
(c) Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on-site, including food and beverages:
(A) Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
(B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection;
(d) Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:
(A) Are directly related to the sale or promotion of wine produced in conjunction with the winery;
(B) Are incidental to the retail sale of wine on-site; and
(C) Are limited to 25 days or fewer in a calendar year; and
(e) Host charitable activities for which the winery does not charge a facility rental fee.
(3)(a) The gross income of the winery from the sale of incidental items pursuant to subsection (2)(c) of this section and services provided pursuant to subsection (2)(d) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery.
(b) At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with paragraph (a) of this subsection for the previous tax year.
(4) A winery operating under this section:
(a) Shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.
(b) May operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery.
(5)(a) A winery shall obtain a permit from the local government if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (2)(d) of this section occurring on more than 25 days in a calendar year.
(b) In addition to any other requirements, a local government may approve a permit application under this subsection if the local government finds that the authorized activity:
(A) Complies with the standards described in ORS 215.296;
(B) Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and
(C) Does not materially alter the stability of the land use pattern in the area.
(c) If the local government issues a permit under this subsection for agri-tourism or other commercial events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit.
(6) A person may not have a substantial ownership interest in more than one winery operating a restaurant under this section.
(7) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted.
(8) A local government shall require a winery operating under this section to provide for:
(a) Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and
(b) Direct road access and internal circulation.
(9) A local government shall apply:
(a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;
(b) Regulations for the public health and safety; and
(c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.
(10) The local government may authorize a winery described in subsection (1) of this section to sell or deliver items or provide services not described in subsection (2)(c) or (d) or (3) of this section under the criteria for a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a) or under other provisions of law.
(11)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before August 2, 2011.
(b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before August 2, 2011.
(12) When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:
(a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and
(b) The meals may be served at the bed and breakfast facility or at the winery.
(13) As used in this section:
(a) "Agri-tourism or other commercial events" includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.
(b) "On-site retail sale" includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [2011 c.679 §5; 2011 c.679 §5a; 2013 c.554 §6]
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.