The following permitted uses shall be allowed using ministerial review procedures (Chapter
19.22 JCC) and site plan review (Chapter
19.42 JCC). Review shall be limited to a determination of compliance with applicable standards of development only. The standards for review shall be those listed in JCC §
19.42.050(A) and those otherwise made applicable by JCC §
19.64.095. As a condition of approval for any use listed in this section, the landowner shall sign and record a waiver of claim or cause of action as described in JCC §
19.64.060(B). In all cases, a development permit (Chapter
19.41 JCC) is required as final permit approval.
A. Application of reclaimed water, agricultural or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed by this chapter, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under the Oregon Revised Statutes, and other specific operational and process requirements contained in the Oregon Revised Statutes. On-site treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities transportable by truck trailer, as defined in ORS
801.580, during a period of time within which land application of biosolids is authorized under the license, permit, or other approval.
B. Agri-tourism and other commercial events or activities that are related to and supportive of agriculture may be established:
1. A single agri-tourism or other commercial event or activity on a tract in a calendar year that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event or activity meets any local standards that apply and:
a. The agri-tourism or other commercial event or activity is incidental and subordinate to existing farm use on the tract;
b. The duration of the agri-tourism or other commercial event or activity does not exceed 72 consecutive hours;
c. The maximum attendance at the agri-tourism or other commercial event or activity does not exceed 500 people;
d. The maximum number of motor vehicles parked at the site of the agri-tourism or other commercial event or activity does not exceed 250 vehicles;
e. The agri-tourism or other commercial event or activity complies with the standards described in JCC §
19.64.060(A) and
(B);
f. The agri-tourism or other commercial event or activity occurs outdoors, in temporary structures, or in existing permitted structures, subject to health and fire and life safety requirements; and
g. The agri-tourism or other commercial event or activity complies with conditions established for:
[1] Planned hours of operation do not extend before 6:00 a.m. or after 10:00 p.m.
[2] Adequate off-street parking will be provided pursuant to the requirements in this title.
[3] Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
[4] All vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways.
[5] No parking is permitted within the right-of-way.
[6] Approval is required from County Public Works Department of Transportation regarding adequate egress and access. All egress and access points shall be clearly marked.
[7] Vision clearance areas at street intersections must be clear of obstruction, consistent with the requirements in this title.
[8] Permit approval is subject to compliance with the established sanitation requirements, the Department of Agriculture requirements, and the development standards of this zone.
2. In the alternative to subsections (B)(1) and (3) of this section, the county may authorize a single agri-tourism or other commercial event or activity on a tract in a calendar year by an expedited, single-event license that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract. A decision concerning an expedited, single-event license is not a land use decision, as defined in ORS
197.015. To approve an expedited, single-event license, the governing body of a county or its designee must determine that the proposed agri-tourism or other commercial event or activity meets any local standards that apply, and the agri-tourism or other commercial event or activity:
a. Must be incidental and subordinate to existing farm use on the tract;
b. May not begin before 6:00 a.m. or end after 10:00 p.m.;
c. May not involve more than 100 attendees or 50 vehicles;
d. May not include the artificial amplification of music or voices before 8:00 a.m. or after 10:00 p.m.;
e. May not require or involve the construction or use of a new permanent structure in connection with the agri-tourism or other commercial event or activity;
f. Must be located on a tract of at least 10 acres unless the owners or residents of adjoining properties consent, in writing, to the location; and
g. Must comply with applicable health and fire and life safety requirements.
3. In the alternative to subsections (B)(1) and (2) of this section, the county may authorize up to six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited use permit that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract. The agri-tourism or other commercial events or activities must meet any local standards that apply, and the agri-tourism or other commercial events or activities:
a. Must be incidental and subordinate to existing farm use on the tract;
b. May not, individually, exceed a duration of 72 consecutive hours;
c. May not require that a new permanent structure be built, used or occupied in connection with the agri-tourism or other commercial events or activities;
e. May not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the land use pattern in the area; and
f. Must comply with conditions established for:
[1] The types of agri-tourism or other commercial events or activities that are authorized during each calendar year, including the number and duration of the agri-tourism or other commercial events and activities, the anticipated daily attendance and the hours of operation;
[2] The location of existing structures and the location of proposed temporary structures to be used in connection with the agri-tourism or other commercial events or activities;
[3] The location of access and egress and parking facilities to be used in connection with the agri-tourism or other commercial events or activities;
[4] Traffic management, including the projected number of vehicles and any anticipated use of public roads;
[5] Sanitation and solid waste; and
[6] Must comply with the requirements of subsection (B)(8) of this section.
g. A permit authorized by this subsection shall be valid for two calendar years. When considering an application for renewal, the County shall ensure compliance with the provisions of subsection (B)(2) of this section, any local standards that apply and conditions that apply to the permit or to the agri-tourism or other commercial events or activities authorized by the permit.
4. In addition to subsections (B)(1) through (3) of this section, the County may authorize agri-tourism or other commercial events or activities that occur more frequently or for a longer period or that do not otherwise comply with subsections (B)(1) through (3) of this section if the agri-tourism or other commercial events or activities comply with any local standards that apply and the agri-tourism or other commercial events or activities:
a. Are incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area;
b. Comply with the requirements of subsections (B)(3)(c), (d), (e), and (f) of this section;
c. Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size; and
d. Do not exceed 18 events or activities in a calendar year.
5. A holder of a permit authorized by a county under subsection (B)(4) of this section must request review of the permit at four-year intervals. Upon receipt of a request for review, the county shall:
a. Provide public notice and an opportunity for public comment as part of the review process; and
b. Limit its review to events and activities authorized by the permit, conformance with conditions of approval required by the permit and the standards established by subsection (B)(3) of this section.
6. Temporary structures established in connection with agri-tourism or other commercial events or activities may be permitted. The temporary structures must be removed at the end of the agri-tourism or other event or activity. Alteration to the land in connection with an agri-tourism or other commercial event or activity including, but not limited to, grading, filling or paving, is not permitted.
7. The authorizations provided by this section are in addition to other authorizations that may be provided by law, except that "outdoor mass gathering" and "other gathering," as those terms are used in ORS
197.015(10)(d), do not include agri-tourism or other commercial events and activities.
8. Conditions of Approval. Agri-tourism and other commercial events permitted under subsections (B)(3) and (4) of this section are subject to the following standards and criteria:
a. A permit application for an agri-tourism or other commercial event or activity shall include the following:
[1] A description of the type of agri-tourism or commercial events or activities that are proposed, including the number and duration of the events and activities, the anticipated daily attendance and the hours of operation and, for events not held at wineries or cider businesses, how the agri-tourism and other commercial events or activities will be related to and supportive of agriculture and incidental and subordinate to the existing farm use of the tract.
[2] The types and locations of all existing and proposed temporary structures, access and egress, parking facilities, sanitation and solid waste facilities to be used in connection with the agri-tourism or other commercial events or activities.
[3] Authorization to allow inspection of the event premises. The applicant shall provide in writing a consent to allow law enforcement, public health and fire control officers and code enforcement staff to come upon the premises for which the permit has been granted for the purposes of inspection and enforcement of the terms and conditions of the permit and the exclusive farm use zone and any other applicable laws or ordinances.
b. Approval Criteria.
[1] The area in which the agri-tourism or other commercial events or activities are located shall be set back at least 30 feet from the property line.
[2] The maximum number of people shall not exceed 500 per calendar day.
[3] Notification of agri-tourism and other commercial events or activities.
[A] The property owner shall submit in writing the list of calendar days scheduled for all agri-tourism and other commercial events or activities by April 1st of the subject calendar year or within 30 days of new or renewed permits to the Planning Division within the Community Development Department and a list of all property owners within 500 feet of the subject property, as notarized by a title company.
[B] The list of calendar dates for all agri-tourism, commercial events and activities may be amended by submitting the amended list to the Department at least 72 hours prior to any change in the date of approved dates.
[C] If notice pursuant to subsection (B)(8)(b)[3][A] of this section is not provided, the property owner shall provide notice by registered mail to the same list above at least 10 days prior to each agri-tourism and other commercial event or activity.
[D] The notification shall include a contact person or persons for each agri-tourism and other commercial event or activity who shall be easily accessible and who shall remain on site at all times, including the person(s) contact information.
[4] Hours of Operation. No agri-tourism and other commercial event or activity may begin before 6:00 a.m. or end after 10:00 p.m.
[5] Overnight camping is prohibited.
[6] Consistent with County noise ordinance.
[7] Transportation Management.
[A] Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
[B] Driveways extending from paved roads shall have a paved apron, requiring review and approval by the County Road Department.
[C] The parcel, lot or tract must have direct access from a public road or is accessed by an access easement or private road, whereby all underlying property owners and property owners taking access between the subject property and the public road consent in writing to the use of the road for agri-tourism and other commercial events or activities at the time of initial application.
[D] Adequate traffic control must be provided by the property owner and must include one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time. All traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual on Uniform Traffic Control Devices.
[E] Adequate off-street parking will be provided pursuant to provisions of Chapter
19.75 JCC.
[8] Health and Safety Compliance.
[A] Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand washing stations.
[B] All permanent and temporary structures and facilities are subject to fire, health and life safety requirements, and shall comply with all requirements of the Building Safety Division within the Community Development Department and any other applicable federal, state and local laws.
[C] Compliance with the requirements of the Building Safety Division within the Community Development Department shall include meeting all building occupancy classification requirements of the State of Oregon adopted building code.
C. Bottling water, including extraction.
D. Churches, which may include a parsonage and a cemetery in conjunction with the church subject to the following special standards of approval:
1. Churches shall be allowed the reasonable use of the site for all activities customarily associated with the practices of the religious activity, including worship services, religion classes, weddings, funerals, child-care and meal programs, but not including private or parochial school education for pre-kindergarten through grade 12 or higher education unless the educational uses are authorized separately by other provision contained in this title; and
2. The review body may subject the church uses to reasonable regulations, including site review or design criteria concerning the physical characteristics of the uses only, or may prohibit or restrict the use of the site if it finds the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the uses; and
3. The church must be located more than three miles from an urban growth boundary unless an exception is taken pursuant to OAR Chapter 660, Division
4; and
4. New churches shall not be authorized on property which is high-value farmland as defined in JCC §
19.11.100; existing facilities may be maintained, enhanced or expanded subject to other requirements of law.
E. Cider Business (Small). Small wineries and cider businesses are separate uses. The small winery provisions and standards of subsection
(V) of this section may not be applied to a cider business, nor may the provisions and standards for a cider business be applied to a small winery.
1. A cider business may be established as a permitted use if the proposed cider business will produce cider with a maximum annual production of:
a. Less than 10,000 gallons of cider for a cider business and the owner:
[1] Owns an on-site orchard of at least 15 acres;
[2] Owns a contiguous orchard of at least 15 acres;
[3] Has a long-term contract for the purchase of all of the apples or pears for a cider business from at least 15 acres of an orchard contiguous to the cider business; or
[4] Obtains apples or pears for a cider business from any combination of subsection (E)(1)(a)[1], [2], or [3] of this section; or
b. At least 100,000 gallons of cider for a cider business and the owner:
[1] Owns an on-site orchard for a cider business of at least 40 acres;
[2] Owns a contiguous orchard for a cider business of at least 40 acres;
[3] Has a long-term contract for the purchase of all of the apples or pears for a cider business from at least 40 acres of an orchard contiguous to the cider business;
[4] Owns an on-site orchard for a cider business of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards for a cider business in Oregon that are located within 15 miles of the cider business; or
[5] Obtains apples or pears for a cider business from any combination of subsections (E)(1)(b)(1) through (4) of this section.
2. In addition to producing and distributing cider, a small cider business established under this subsection
(E) may:
a. Market and sell cider produced in conjunction with the cider business.
b. Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including:
[1] Cider tastings in a tasting room or other location on the premises occupied by the cider business for cider tastings;
[3] Cidermaker luncheons and dinners;
[4] Cider business and orchard tours;
[5] Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members;
[6] Cider business staff activities;
[7] Open house promotions of cider produced in conjunction with the cider business; and
[8] Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business.
c. Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which is incidental to on-site retail sale of cider for a cider business, including food and beverages:
[1] Required to be made available in conjunction with the consumption of cider on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
[2] Served in conjunction with an activity authorized by subsection (E)(2)(b), (d), or (e) of this section.
d. Carry out agri-tourism or other commercial events on the tract occupied by the cider business subject to subsection (E)(5) of this section.
e. Host charitable activities for which the cider business does not charge a facility rental fee.
f. Site a home occupation on the same tract, and in association with the cider business as provided by Chapter
19.92 JCC.
3. A cider business may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS
624.010 through
624.121 for the preparation of food and beverages described in subsection (E)(2)(c) of this section. Food and beverage services authorized under subsection (E)(2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.
4. The gross income of the cider business from the sale of incidental items or services provided pursuant to subsections (E)(2)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of cider produced in conjunction with the cider business. The gross income of a cider business does not include income received by third parties unaffiliated with the cider business. At the request of the County, the cider business shall submit to the County a written statement that is prepared by a certified public accountant and certifies the compliance of the cider business with this subsection for the previous tax year.
5. A cider business may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the cider business:
a. Agri-tourism and other commercial event or activities are subject to the requirements in subsection
(B) of this section; and
b. The County has authority to limit the 18 days of permitted events as described at ORS
215.451(8) as agri-tourism or other commercial events occurring are subordinate to the production and sale of cider and do not create significant adverse impacts to uses on surrounding land.
6. A cider business operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery or cider business is established.
7. For the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands, the cider business shall:
a. Establish a setback of at least 100 feet from all property lines for the cider business and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and
b. Provision of direct road access and internal circulation.
8. As used in this subsection:
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 or cider produced in conjunction with a cider business is a secondary purpose of the event.
b. "Cider" means an alcoholic beverage made from the fermentation of the juice of apples or pears and includes, but is not limited to, flavored cider, sparkling cider, and carbonated cider.
c. "Cider business" means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.
d. "On-site retail sale" for cider businesses includes the retail sale of cider in person at a cider business, through a cider club, or over the internet or telephone.
F. Commercial Dairy Farm Standards. A dwelling may be considered customarily provided in conjunction with a commercial dairy farm and capable of earning the gross annual income requirements by subsection (I)(3) or (4) of this section, subject to the following requirements:
1. The subject tract will be employed as a commercial dairy farm as defined in subsection (F)(7) of this section;
2. The dwelling is sited on the same lot or parcel as the buildings required by the commercial dairy;
3. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract;
4. The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking or pasturing of the dairy animals or other farm use activities necessary to the operation of the commercial dairy farm;
5. The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and
6. The Oregon Department of Agriculture has approved the following:
b. A producer license for the sale of dairy products under ORS
621.072.
7. As used in this section, "commercial dairy farm" is a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by subsection
(I) of this section, whichever is applicable, from the sale of fluid milk.
G. Commercial dog boarding kennels.
H. Dog training classes or testing trials conducted outdoors, or in farm buildings that existed on January 1, 2013, are limited as follows:
1. The number of dogs participating in training does not exceed 10 per training class and the number of training classes to be held on site does not exceed six per day; and
2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing trials to be conducted on site does not exceed four per calendar year.
I. Dwellings in Conjunction with Farm Use. Primary or accessory dwellings customarily provided in conjunction with farm use must meet one of the following standards:
1. Minimum Size or Large Tract. A dwelling may be considered customarily provided in conjunction with farm use if:
a. The parcel on which the dwelling will be located is at least:
[1] One hundred sixty acres and is not designated rangeland; or
[2] Three hundred twenty acres and designated rangeland; or
[3] As large as the minimum parcel size if located in a zoning district with an acknowledged minimum parcel size larger than indicated in subsection (I)(1)(a)[1] or [2] of this section.
b. The subject tract is currently employed for farm use, as defined in ORS
215.203, where the day-to-day activities on the subject land are principally directed to the farm use of the land; and
c. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
d. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale.
2. Production Capability. A dwelling may be considered customarily provided in conjunction with farm use if:
a. The subject tract is at least as large as the median size of those commercial farm or ranch tracts capable of generating at least $10,000 in annual gross sales that are located within a study area which includes all tracts wholly or partially within one mile from the perimeter of the subject tract; and
b. The subject tract is capable of producing at least the median level of annual gross sales of County indicator crops as the same commercial farm or ranch tracts used to calculate the tract size in subsection (I)(2)(a) of this section; and
c. The subject tract is currently employed for a farm use, as defined in ORS
215.203, at a level capable of producing the annual gross sales required in subsection (I)(2)(a) of this section; and
d. Notwithstanding subsection (I)(2)(a) of this section, the subject lot or parcel on which the dwelling is proposed is not less than 10 acres; and
e. Except as permitted in subsection (I)(4) of this section, there is no other dwelling on the subject tract; and
f. If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to the establishment of the farm use required by subsection (I)(2)(c) of this section; and
g. The parcel is not considered high-value farmland as defined in JCC §
19.11.100.
h. The information utilized in addressing the criteria in subsections (I)(2)(a) and (b) of this section will be provided in a technical memorandum utilizing formulas detailed in OAR Chapter 660, Division
33. The technical memorandum is incorporated by reference herein.
3. Actual Income. A dwelling may be considered customarily provided in conjunction with farm use if:
a. On a tract not defined in JCC §
19.11.100 as high-value farmland, the subject tract is currently employed for the farm use, as defined in ORS
215.203, that produced in the last two years, or three of the last five years, the lower of the following:
[1] At least $40,000 in gross annual income from the sale of farm products; or
[2] Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with gross annual sales of $22,500; or
[3] On a tract defined in JCC §
19.11.100 as high-value farmland, the subject tract is currently employed for the farm use, as defined in ORS
215.203, that produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years; or
[4] Based on the average farm income earned on the tract in the best three of the last five years; and
b. Except as permitted in subsection (I)(4) of this section there is no other dwelling on the subject tract; and
c. The dwelling will be occupied by the person or persons who produced the commodities which grossed the income in subsection (I)(3)(a) of this section; and
d. The structures shall be located on the least suitable portion of the property for farm use; and
e. In determining the gross income required by subsection (I)(3)(a) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted, and gross farm income earned from a lot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used; and
f. For the purpose of making the income determinations required in subsection (I)(3)(a) of this section, noncontiguous lots or parcels zoned for farm use in Josephine County or in a contiguous county may be used to meet the gross income requirements.
g. Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a primary farm dwelling.
h. Prior to the final approval for a dwelling authorized by subsections (I)(3)(c) and (d) of this section that requires one or more contiguous or noncontiguous lots or parcels of a farm operation to comply with the gross farm income requirements, the applicant shall complete and record with the County Clerk the covenants, conditions, and restrictions form provided by the County (Exhibit A to OAR Chapter 660, Division
33). The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for the primary farm dwelling and shall preclude:
[1] All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS Chapter
215; and
[2] The use of any gross farm income earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling.
i. The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.
4. Accessory Farm Dwelling. An accessory farm dwelling may be authorized if it meets the following requirements:
a. The accessory dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose assistance in the management of the farm use is or will be required by the farm operator. The farm operator shall continue to play the predominant role in the management and farm use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing; and
b. The accessory dwelling will be located:
[1] On the same lot or parcel as the dwelling of the principal farm dwelling; or
[2] On the same tract as the principal farm dwelling when the lot or parcel on which the accessory dwelling will be sited is consolidated into a single parcel with all other continuous lots and parcels in the tract; or
[3] On a lot or parcel on which the principal farm dwelling is not located, when the accessory farm dwelling is a manufactured dwelling and a deed restriction is filed with the County Clerk. The deed restriction shall require the manufactured dwelling to be removed when the lot or parcel is conveyed to another party. An accessory farm dwelling approved pursuant to this rule may not be occupied by a person or persons who will not be principally engaged in the farm use of the land and whose assistance in the management of the farm use is not or will not be required by the farm operator. The manufactured dwelling may remain if it is reapproved under these rules.
c. On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code or similar types of farmworker housing as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS
658.750. A county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farmworker housing is no longer required. "Farmworker housing" shall have the meaning set forth in ORS
215.278 and not the meaning in ORS
315.163; or
d. The principal farm dwelling to which the proposed dwelling would be accessory meets one of the following circumstances:
[1] On land not identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS
215.203, and produced in the last two years, or three of the last five years, the lower of the following:
[A] At least $40,000 in gross annual income from the sale of farm products. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract;
[B] Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with the gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or
[2] On land identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS
215.203, and produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and
e. The governing body of a county shall not approve any proposed division of a lot or parcel for an accessory farm dwelling approved pursuant to this subsection; and
f. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the requirements for a dwelling not provided in conjunction with farm use; and
g. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under ORS
215.780 and the lot or parcel complies with the gross farm income requirements in OAR
660-033-0135(3) or
(4), whichever is applicable; and
[1] There is no other dwelling on the land designated in a farm zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling; and
[2] The principal farm dwelling to which the proposed dwelling would be accessory meets one of the following circumstances:
[A] On land not identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS
215.203, and produced in the last two years, or three of the last five years, the lower of the following:
[i] At least $40,000 in gross annual income from the sale of farm products. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract;
[ii] Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with the gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or
[B] On land identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS
215.203, and produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or
h. It is located on a commercial dairy farm as defined in subsection
(F) of this section; and
[1] The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm;
[2] The Oregon Department of Agriculture has approved a permit for a "confined animal feeding operation" under ORS
468B.050 and
468B.200 through
468B.230; and
[3] A producer license for the sale of dairy products under ORS
621.072.
5. Relative Farm Help Dwelling. A farm use dwelling for a relative shall be approved when the following standards are met:
a. Located on the same lot or parcel as the dwelling of the farm operator; and
b. Occupied by a relative of the farm operator or the farm operator's spouse, which means a child, parent, step-parent, grandchild, grandparent, step-grandparent, sibling, step-sibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use; and
c. The farm operator shall continue to play the predominant role in the management and farm use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing; and
d. The landowner signs and records a waiver of claim for relief or cause of action as provided for in JCC §
19.64.060(B); and
e. Dwelling must be located on the same lot or parcel as the dwelling of the farm operator and must be on real property used for farm use; and
f. A dwelling shall be occupied by relatives whose assistance in the management and farm use of the existing commercial farming operation is required by the farm operator. However, farming of a marijuana crop may not be used to demonstrate compliance with the approval criteria for a relative farm help dwelling.
6. Relocated Farm Operations. A dwelling may be considered customarily provided in conjunction with farm use if:
a. Within the previous two years, the applicant owned and operated a different farm operation that earned the gross farm income in each of the last five years or four of the last seven years as required by subsection (I)(3) or (4) of this section, whichever is applicable;
b. The subject lot or parcel on which the dwelling will be located is:
[1] Currently employed for the farm use that produced in each of the last two years or three of the last five years, or in an average of three of the last five years the gross farm income required by subsection (I)(3) or (4) of this section, whichever is applicable; and
[2] At least the size of the applicable minimum lot size under JCC §
19.64.095;
c. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract;
d. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in subsection (I)(3) of this section; and
e. In determining the gross income required by subsections (I)(3) and (4) of this section:
[1] The cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and
[2] Only gross income from land owned, not leased or rented, shall be counted.
7. The structures shall be located on the least suitable portion of the property for farm use.
8. Notwithstanding the requirements of JCC §
19.41.030 (Time limit, extension and expiration of permits), land use permit approvals for farm dwellings shall be valid for four years from the date findings of approval are signed, and an extension of the permit shall be valid for two years.
9. Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a primary farm dwelling.
J. Farm brewery.
1. As used in this subsection:
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 malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event.
b. "Brewer" means a person who makes malt beverages.
c. "Farm brewery" means a facility, located on or contiguous to a hop farm, used primarily for the commercial production, shipping and distribution, wholesale or retail sales, or tasting of malt beverages made with ingredients grown on the hop farm.
d. "Hop farm" means a tract of land planted with hops.
e. "Malt beverage" has the meaning given that term in ORS
471.001 (Definitions for ORS chapters
471 and
473).
f. "On-site retail sale"includes the retail sale of malt beverages in person at the farm brewery site, through a club or over the internet or telephone.
2. A farm brewery may be established as a permitted use if the farm brewery:
a. Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery's owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery;
b. Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and
[1] Owns an on-site hop farm of at least 15 acres;
[2] Owns a contiguous hop farm of at least 15 acres;
[3] Has a long-term contract for the purchase of all of the hops from at least 15 acres of a hop farm contiguous to the farm brewery; or
[4] Obtains hops from a total of 15 acres from any combination of sources described in subsections (J)(2)(b)[1] through [3] of this section.
c. For purposes of this subsection, land planted with other ingredients used in malt beverages produced by the farm brewery counts towards the acreage minimums.
3. In addition to any other activities authorized for a farm brewery, a farm brewery established under this section may:
a. Market malt beverages produced in conjunction with the farm brewery.
b. Conduct operations that are directly related to the sale or marketing of malt beverages produced in conjunction with the farm brewery, including:
[1] Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery;
[2] Malt beverage club activities;
[3] Brewer luncheons and dinners;
[4] Farm brewery and hop farm tours;
[5] Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members;
[6] Farm brewery staff activities;
[7] Open house promotions of malt beverages produced in conjunction with the farm brewery; and
[8] Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery.
c. Market and sell items directly related to the sale or promotion of malt beverages produced in conjunction with the farm brewery, the marketing and sale of which is incidental to on-site retail sale of malt beverages, including food and beverages:
[1] Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
[2] Served in conjunction with an activity authorized by subsection (J)(3)(b), (d) or (e) of this section.
d. Subject to subsections (J)(6) through (8) of this section, carry out agri-tourism or other commercial events on the tract occupied by the farm brewery.
e. Host charitable activities for which the farm brewery does not charge a facility rental fee.
f. Site a bed and breakfast as a home occupation on the same tract as, and in association with, the farm brewery.
4. A farm brewery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS
624.010 through
624.121 for the preparation of food and beverages described in subsection (J)(3)(c) of this section. Food and beverage services authorized under subsection (J)(3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.
5. The gross income of the farm brewery from the sale of incidental items or services provided pursuant to subsections (J)(3)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of malt beverages produced in conjunction with the farm brewery. The gross income of a farm brewery does not include income received by third parties unaffiliated with the farm brewery.
a. At the request of a local government with land use jurisdiction over the site of a farm brewery, the farm brewery shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the farm brewery with this subsection for the previous tax year.
6. Except as provided by subsection (J)(7) of this section, a farm brewery may carry out agri-tourism or other commercial events described in subsection (J)(3)(d) of this section for up to 18 days per calendar year.
7. A local government with land use jurisdiction over the site of a farm brewery shall ensure that agri-tourism or other commercial events occurring as described in subsection (J)(3)(d) of this section are subordinate to the production and sale of malt beverages and do not create significant adverse impacts to uses on surrounding land.
a. A local government may impose conditions on a license or permit issued as necessary to meet the requirements of this subsection (J)(7). The conditions must be related to:
[1] The number of event attendees;
[2] The hours of event operation;
[6] Sanitation and solid waste.
8. A local government may charge a fee for processing a license or permit under subsection (J)(6) of this section. The fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.
9. When a bed and breakfast facility is sited as a home occupation on the same tract as a farm brewery as described in subsection (J)(3)(f) of this section:
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 farm brewery.
10. A farm brewery operating under this section shall provide parking for all activities or uses of the tract on which the farm brewery is situated.
11. A local government with land use jurisdiction over the site of a farm brewery shall ensure that the farm brewery complies with:
a. Local criteria regarding floodplains, geologic hazards, solar access and airport safety;
b. Regulations of general applicability for the public health and safety; and
c. Regulations for resource protection acknowledged to comply with any statewide goal relating to open spaces, scenic and historic areas and natural resources.
12. For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, a local government with land use jurisdiction over the site of a farm brewery shall:
a. Except as provided in subsection (J)(13) of this section, establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places; and
b. Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places.
13. A local government may allow a setback of less than 100 feet by granting a farm brewery an adjustment or variance to the requirement described in subsection (J)(12)(a) of this section.
K. Farm crop processing facility located on a farm operation that meets the following requirements:
1. The on-site farm operation provides at least one-quarter of the farm crops to be processed; or
2. Slaughtering, processing or selling poultry or poultry products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS
603.038(2) (Licensing exemption for certain poultry processors).
a. "Processing area"means the floor area of a building dedicated to farm product processing. "Processing area" does not include the floor area designated for preparation, storage or other farm use.
3. A county may allow a facility for the processing of farm products as a permitted use under ORS
215.213 and
215.283, only if the facility:
a. Uses less than 10,000 square feet for its processing area and complies with all applicable siting standards; or
b. Notwithstanding any applicable siting standard, uses less than 2,500 square feet for its processing area.
4. The processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility.
L. Farm stands, if:
1. The structures are designed and used for the sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and
2. The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment.
3. As used in this subsection, "farm crops or livestock" includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area.
4. As used in this subsection, "processed crops and livestock" includes jams, syrups, apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items.
5. As used in this subsection, "local agricultural area" includes Oregon or an adjacent county in Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is located.
6. A farm stand may not be used for the sale, or to promote the sale, of marijuana products or extracts.
7. Farm Stand Development Standards.
a. Adequate off-street parking will be provided pursuant to provisions of Chapter
19.75 JCC.
b. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
c. All vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways.
d. No farm stand building or parking is permitted within the right-of-way.
e. Approval is required from the appropriate local road authority regarding adequate egress and ingress. All egress and ingress points shall be clearly marked.
f. Vision clearance areas. No visual obstruction (e.g., sign, structure, solid fence, wall, planting or shrub vegetation) may exceed three feet in height within "vision clearance areas" at street intersections.
[1] Service drives shall have a minimum clear-vision area formed by the intersection of the driveway centerline, the road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection.
[2] Height is measured from the top of the curb or, where no curb exists, from the established street center line grade.
[3] Trees exceeding three feet in height may be located in this area, provided all branches and foliage are removed to a height of eight feet above grade.
g. All outdoor light fixtures shall comply with Chapters
19.75 and
19.77 JCC.
h. Signs are permitted consistent with Chapter
19.74 JCC.
8. Permit approval is subject to compliance with the County Health Department or Department of Agriculture requirements and with the development standards of this zone.
9. As used in this subsection
(L), "farm stand structure" means a structure that is designed and used for the sale of farm crops and livestock. A food stand is considered to be a farm stand structure.
10. As applied to farm stands, a "fee-based activity to promote the sale of farm crops or livestock" means an agri-tourism activity as defined in Chapter
19.11 JCC that is directly related to the sale of farm crops or livestock sold at the farm stand and meets the standards of this subsection.
M. Fire service facilities providing rural fire protection services.
N. Forest product processing facility shall not seriously interfere with accepted farming practices and shall be compatible with farm uses described in Chapter
19.11 JCC. Such facility may be approved for a one-year period that is renewable and is intended to be only portable or temporary in nature. The "primary processing of a forest product," as used in this subsection, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. "Forest products," as used in this subsection, means timber grown upon a tract where the primary processing facility is located.
O. Geothermal resource exploration and production as defined by ORS
522.005 and oil and gas as defined by ORS
520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.
P. Mineral exploration, as such operations are defined by ORS
517.750.
Q. Model aircraft site used for the takeoff and landing of models, including such buildings or facilities as may reasonably be necessary, subject to the following rules:
1. Buildings and facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this section, and the site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this section; and
2. As used in this subsection
(Q), "model aircraft" means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and controlled by radio, lines or design by a person on the ground. An owner of property used for the purpose authorized in this section may charge a person operating the use on the property rent for the property.
3. An operator may charge users of the property a fee that does not exceed the operator's cost to maintain the property, buildings, and facilities.
R. Photovoltaic solar power generation facility on high-value farmland.
1. As used in this subsection, "photovoltaic solar power generation facility" means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.
2. A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS
195.300, provided the land:
a. Is not located within the boundaries of an irrigation district;
b. Is not at the time of the facility's establishment, and was not at any time during the 20 years immediately preceding the facility's establishment, the place of use of a water right permit, certificate, decree, transfer order or groundwater registration authorizing the use of water for the purpose of irrigation;
c. Is located within the service area of an electric utility described in ORS
469A.052(2);
d. Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS
469A.052(3); and
e. Does not qualify as high-value farmland under any other provision of law.
3. When evaluating an application to establish a photovoltaic solar power generation facility under this section, a county:
a. Shall apply the criteria and standards applicable to agricultural land adopted under a statewide land use planning goal relating to agricultural lands; and
b. May not apply the criteria and standards applicable to high-value farmland adopted under a statewide land use planning goal relating to agricultural lands.
4. A county is not required to adopt an exception under ORS
197.732 (Goal exceptions) to a statewide land use planning goal relating to agricultural land to authorize the establishment of a photovoltaic solar power generation facility under this section.
5. A photovoltaic solar power generation facility established under this section is a commercial utility facility under ORS
215.213(2) or
215.283(2) if the facility generates power for public use by sale.
S. Residential home or facility in an existing dwelling as defined by ORS
197.660.
T. Solid waste disposal site that has been ordered to be established by the Environmental Quality Commission under ORS
459.049, together with the equipment, facilities or buildings necessary for its operation; new disposal sites shall not be authorized on property which is high-value farmland as defined in JCC §
19.11.100.
U. Utility facilities necessary for public service, including wetland waste treatment systems, but not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height, subject to the following rules:
1. A utility facility is necessary for public service if the facility must be sited in a farm zone to provide the service;
2. To demonstrate a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and the facility must be sited in a farm zone due to one or more of the following factors:
a. Technical and engineering feasibility;
b. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;
c. Lack of available urban and nonresource lands;
d. Availability of existing rights-of-way;
e. Public health and safety; and
f. Other requirements of state and federal agencies; and
3. Costs associated with any of the factors listed in subsection (U)(2) of this section may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar; and
4. The owner of a utility facility approved under this section shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration; and
5. The governing body of the County or its designee shall impose clear and objective conditions on an application for utility facility siting to mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on surrounding farmlands; and
6. In addition to the foregoing requirements, the establishment or extension of a sewer system shall meet the requirements of Statewide Goal 11 and implementing Oregon Administrative Rules; and
7. The provisions of subsections (U)(1) through (5) of this section do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.
8. An associated transmission line is necessary for public service upon demonstration that the associated transmission line meets either the following requirements of subsection (U)(8)(a) or (b) of this section.
a. An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:
[1] The associated transmission line is not located on high-value farmland, as defined in ORS
195.300, or on arable land; or
[2] The associated transmission line is co-located with an existing transmission line; or
[3] The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or
[4] The associated transmission line is located within an existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground.
b. After an evaluation of reasonable alternatives, an applicant demonstrates that the entire route of the associated transmission line meets, subject to subsections (U)(8)(c) and (d) of this section, two or more of the following criteria:
[1] Technical and engineering feasibility;
[2] The associated transmission line is locationally dependent because the associated transmission line must cross high-value farmland, as defined in ORS
195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;
[3] Lack of an available existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground;
[4] Public health and safety; or
[5] Other requirements of state or federal agencies.
c. As pertains to subsection (U)(8)(b) of this section, the applicant shall demonstrate how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.
d. The County may consider costs associated with any of the factors listed in subsection (U)(8)(b) of this section, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.
V. Winery (Small). Small wineries and cider businesses are separate uses. The small cider provisions and standards of subsection
(E) of this section may not be applied to a winery business, nor may the provisions and standards for a cider business be applied to a small winery.
1. A winery business may be established as a permitted use if the proposed winery will produce wine with a maximum annual production of:
a. Less than 50,000 gallons of wine and the owner:
[1] Owns an on-site vineyard of at least 15 acres;
[2] Owns a contiguous vineyard of at least 15 acres;
[3] Has a long-term contract for the purchase of all of the grapes for a winery from at least 15 acres of a vineyard contiguous to the winery; or
[4] Obtains grapes for a winery from any combination of subsections (V)(1)(a)[1], [2], or [3] of this section; or
b. At least 50,000 gallons of wine and the owner:
[1] Owns an on-site vineyard for a winery of at least 40 acres;
[2] Owns a contiguous vineyard for a winery of at least 40 acres;
[3] Has a long-term contract for the purchase of all of the grapes for a winery from at least 40 acres of a vineyard contiguous to the winery;
[4] Owns an on-site vineyard for a winery of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards for a winery in Oregon that are located within 15 miles of the winery site; or
[5] Obtains grapes for a winery from any combination of subsections (V)(1)(b)[1] through [4] of this section.
2. In addition to producing and distributing wine, a small winery established under this subsection
(V) 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:
[1] Wine tastings in a tasting room or other location on the premises occupied by the winery for wine tastings;
[3] Winemaker luncheons and dinners;
[4] Winery and vineyard tours;
[5] Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;
[7] Open house promotions of wine produced in conjunction with the winery; and
[8] 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 on-site retail sale of wine for a winery, including food and beverages:
[1] 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
[2] Served in conjunction with an activity authorized by subsection (V)(2)(b), (d), or (e) of this section.
d. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsection (V)(5) of this section.
e. Host charitable activities for which the winery does not charge a facility rental fee.
3. A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS
624.010 through
624.121 for the preparation of food and beverages described in subsection (V)(2)(c) of this section. Food and beverage services authorized under subsection (V)(2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.
4. The gross income of the winery from the sale of incidental items or services provided pursuant to subsections (V)(2)(c) through (e) 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. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of the County, the winery shall submit to the County a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this subsection for the previous tax year.
5. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery:
a. If a winery conducts agri-tourism or other commercial events authorized under this section, the winery may not conduct agri-tourism or other commercial events or activities authorized by subsection
(B) of this section.
b. Agri-tourism and other commercial events or activities are subject to the requirements in subsection
(B) of this section.
c. As necessary to ensure that agri-tourism or other commercial events on a tract occupied by a winery are subordinate to the production and sale of wine and do not create significant adverse impacts to uses on surrounding land, the local government may impose conditions on a license or permit issued pursuant to subsection (V)(7) of this section related to:
[1] The number of event attendees;
[2] The hours of event operation;
[6] Sanitation and solid waste.
d. As used in this subsection
(V), "agri-tourism" is defined by OAR 215.452(14)(a) as "... 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."
6. A winery operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.
7. Prior to the issuance of a permit to establish a winery under this subsection
(V), the applicant shall show that vineyards described in this subsection
(V) have been planted or that the contract has been executed, as applicable.
8. For the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands, the winery shall:
a. Establish a setback of at least 100 feet from all property lines for the winery and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and
b. Provision of direct road access and internal circulation.
W. Winery (large).
1. A large winery may be established if:
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 subsection (W)(1)(a) of this section; 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 subsection
(W).
2. In addition to producing and distributing wine, a large winery 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:
[1] Wine tastings in a tasting room or other location on the premises occupied by the winery;
[3] Winemaker luncheons and dinners;
[4] Winery and vineyard tours;
[5] Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;
[7] Open house promotions of wine produced in conjunction with the winery; and
[8] 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:
[1] 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
[2] Served in conjunction with an activity authorized by subsection (W)(2)(b)[2], [4], or [5] of this section;
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:
[1] Are directly related to the sale or promotion of wine produced in conjunction with the winery;
[2] Are incidental to the retail sale of wine on site;
[3] Are limited to 25 days or fewer in a calendar year; and
[4] Host charitable activities for which the winery does not charge a facility rental fee.
3. Income Requirements.
a. The gross income of the winery from the sale of incidental items pursuant to subsection (W)(2)(c) of this section and services provided pursuant to subsection (W)(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 subsection (W)(2)(d) of this section for the previous tax year.
4. A large winery shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.
5. A large winery may operate a restaurant, as defined in ORS
624.010, in which food is prepared for consumption on the premises of the winery.
6. Permit Requirements.
a. A winery shall obtain a permit 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 (W)(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
(W) if the local government finds that the authorized activity:
[2] Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and
[3] Does not materially alter the stability of the land use pattern in the area.
7. A person may not have a substantial ownership interest in more than one large winery operating a restaurant.
8. Prior to the issuance of a permit to establish a large winery, the applicant shall show that vineyards described in subsection (W)(1) of this section have been planted.
9. A large winery operating under subsection (W)(1) of this section shall 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.
10. A large winery operating under subsection (W)(1) of this section may receive a permit to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the winery received a permit in similar circumstances before August 2, 2011.
11. As used in this subsection
(W):
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"for wineries includes the retail sale of wine in person at the winery site, through a wine club or over the internet or telephone.
(2005 RLDC § 64.035; Ord. 2023-005 § 1)