The purpose of the Special Agriculture (SA) Zone is to provide areas for the practice of commercial agriculture. It is intended to be applied in those areas composed of tracts that are predominantly high-value farm soils as defined in OAR 660-033-020(8). It is also applied to small inclusions of tracts composed predominantly of non-high-value farm soils to avoid potential conflicts between commercial farming activities and the wider range of non-farm uses otherwise allowed on non-high-value farmland. Moreover, to provide the needed protection within cohesive areas it is sometimes necessary to include incidental land unsuitable for farming and some preexisting residential acreage. It is not the intent in the SA zone to create, through land divisions, small scale farms. Subdivisions and planned developments are not consistent with the purpose of this zone and are prohibited. (12/10)

To minimize impacts from potentially conflicting uses, it is necessary to apply to non-farm uses the criteria and standards in OAR 660-033-130 and, in some cases, more restrictive criteria are applied to ensure that adverse impacts are not created. Non-farm dwellings may create conflicts with accepted agricultural practices. Therefore, the SA zone does not include the lot of record non-farm dwelling provisions in OAR 660-033-130(3). The provisions limiting new non-farm dwellings to existing parcels composed on Class IV—VIII soils [OAR 660-033-130(4)] are included because the criteria adequately limit applications to a very few parcels and allow a case-by-case review to determine whether the proposed dwelling will have adverse impacts. The SA zone is intended to be a farm zone consistent with OAR 660 division 033 and ORS 215.283. (12/10)

Within a SA zone no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses: (12/10)

A.

Farm uses (see Farm use definition, KDC 2.120.14(C). (12/10)

B.

The propagation or harvesting of a forest product. (12/10)

C.

Buildings, other than dwellings, customarily provided in conjunction with farm use. (12/10)

D.

Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in KDC 2.120.10(C), when the dwelling: (12/10)

1

Has a percentage good rating of 40 percent or more in the current county assessor's records. (12/10)

2

In the case of replacement, the replaced dwelling is removed, demolished or converted to an allowable nonresidential use within three months of the occupancy of the replacement dwelling. (12/10)

3

In the case of replacement of a manufactured dwelling, the unit to be replaced is a manufactured home as defined in ORS 446.003 (manufactured after June 15, 1976). (12/10)

4

If the dwelling to be replaced is located on a portion of the lot or parcel not zoned SA (Special Agriculture) the applicant shall execute and record in the deed records a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this section regarding replacement of dwellings have changed to allow the siting of another dwelling. (12/10)

E.

Operations for the exploration for geothermal resources 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 customary production equipment for an individual well adjacent the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732. (12/10)

F.

Operations for the exploration for minerals as defined by ORS 517.750. (12/10)

G.

Widening of roads, including public road and highway projects, as follows: (12/10)

1.

Climbing and passing lanes within the street right-of-way existing as of July 1, 1987. (12/10)

2.

Reconstruction or modification of public streets, including the placement of utility facilities overhead and in the subsurface of public roads and highways along public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new parcels result. (12/10)

3.

Temporary public street detours that will be abandoned and restored to original condition or use at such time as no longer needed. (12/10)

4.

Minor betterment of existing public street related facilities such as maintenance yards, weigh stations and rest areas, within rights of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public streets. (12/10)

H.

Creation, restoration, or enhancement of wetlands. (12/10)

I.

On-site filming and activities accessory to filming, as defined in KDC 2.120.14(A), if the activity would involve no more than 45 days on any site within a one year period. (12/10)

The following dwellings may be established in the SA zone with filing of the declaratory statement in KDC 2.120.10(C), subject to approval by the director, based on satisfaction of the standards and criteria listed for each type of dwelling. (12/10)

A.

Primary farm dwellings. A single-family dwelling customarily provided in conjunction with farm use. The dwelling will be considered customarily provided in conjunction with farm use when: (12/10)

1.

It is located on high-value farmland, as defined in KDC 2.120.14(D), and satisfies following standards: (12/10)

a.

There is no other dwelling on the subject farm operation on lands zoned SA other than seasonal farm worker housing. The term "farm operation" means all lots or parcels of land in the same ownership that are used by the farm operator for farm use; (12/10)

b.

The subject tract produced in the last two years or three of the last five years at least $80,000.00 in gross annual income from the sale of farm products. In determining gross annual income from the sale of farm products, 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; (12/10)

c.

The subject tract is currently employed for the farm use that produced the income required in subsection (A)(1)(b) of this section; (12/10)

d.

The proposed dwelling will be occupied by a person or persons who produced the commodities which generated the income in subsection (A)(1)(b) of this section; or (12/10)

2.

It is not located on high-value farmland, as defined in KDC 2.120.14(B), and satisfies the following standards: (12/10)

a.

There is no other dwelling on the subject farm operation on lands zoned SA other than seasonal farm worker housing. The term "farm operation" means all lots or parcels of land in the same ownership that are used by the farm operator for farm use; (12/10)

b.

The subject tract produced at least $40,000.00 in gross annual income from the sale of the farm products in the last two or three of the last five years. In determining gross income, 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; (12/10)

c.

The subject tract is currently employed for the farm use that produced the income required in subsection (A)(2)(b) of this subsection; (12/10)

d.

The dwelling will be occupied by a person or persons who produced the commodities which generated the income required in subsection (A)(2)(b) of this subsection; or (12/10)

3.

It is not located on high-value farmland, as defined in KDC 2.120.14(B), and satisfies the following standards: (12/10)

a.

There is no other dwelling on the subject farm operation on lands zoned SA other than seasonal farm worker housing. The term "farm operation" means all lots or parcels of land in the same ownership that are a used by the farm operator for farm use; (12/10)

b.

The parcel on which the dwelling will be located is at least 160 acres; (12/10)

c.

The subject tract is currently employed for farm use, as defined in ORS 215.203; (12/10)

d.

The dwelling will be occupied by a person or person who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing, or caring for livestock, at a commercial scale; or (12/10)

4.

It is in conjunction with a commercial dairy farm as defined in this chapter and if: (12/10)

a.

The subject tract will be employed as a commercial dairy as defined; and (12/10)

b.

The dwelling is sited on the same lot or parcel as the buildings; and (12/10)

c.

Except as permitted by ORS 215.283(1)(p) (1999 Edition), (Seasonal Farm Worker Housing), there is no other dwelling on the subject tract; and (12/10)

d.

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 activities necessary to the operation of the commercial dairy farm; and (12/10)

e.

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 (12/10)

f.

The Oregon Department of Agriculture has approved the following: (12/10)

i.

A permit for a confined animal feeding operation under ORS 468B.050 and ORS 468B.200 to 468B.230; and (12/10)

ii.

A producer license for the sale of dairy products under ORS 621.072. (12/10)

5.

The applicant had previously operated a commercial farm use and if: (12/10)

a.

Within the previous two years, the applicant owned and operated a farm or ranch operation that earned the gross farm income in the last five years or four of the last seven years as required by KDC 2.120.03(A)(1) or (2) of this section, whichever is applicable. (12/10)

b.

The subject lot or parcel on which the dwelling will be located is: (12/10)

i.

Currently employed for the farm use, as defined in this title, that produced in the last two years or three of the last five years the gross farm income required by KDC 2.120.03(A)(1) or (2) of this section, whichever is applicable; and (12/10)

ii.

At least the size of the applicable minimum lot size in this chapter; and (12/10)

(a)

Except as permitted in ORS 215.283(1)(p) (1999 Edition) (Seasonal Farm Worker Housing), there is no other dwelling on the subject tract; and (12/10)

(b)

The dwelling will be occupied by a person or persons who produced the commodities, that grossed the income in subsection (A)(2)(b) of this section; (12/10)

(c)

In determining the gross income required by subsections (A)(5)(a) and (b) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract, and only gross income from land owned not leased or rented, shall be counted. (12/10)

6.

All of the property in a tract used for the purpose of establishing a farm dwelling shall be held, sold and conveyed, subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling. These covenants, conditions, and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions are located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027. (12/10)

B.

Secondary farm dwellings. Secondary (accessory) dwellings customarily provided in conjunction with farm use will be considered customarily provided in conjunction with farm use when: (12/10)

1.

The primary dwelling and the proposed dwelling will each be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year round assistance in the management of the farm uses, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator. (12/10)

2.

There is no other dwelling on lands in the SA zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm and could reasonably be used as an additional farm dwelling. (12/10)

3.

The proposed dwelling will be located: (12/10)

a.

On the same lot or parcel as the primary farm dwelling; or (12/10)

b.

On the same contiguous ownership as the primary dwelling, and the lot or parcel on which the proposed dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the same ownership; or (12/10)

c.

On a lot or parcel on which the primary farm dwelling is not located, when the secondary farm dwelling is limited to only a manufactured dwelling with a deed restriction filed with the county clerk. The deed restriction shall require the additional dwelling to be removed when the lot or parcel is conveyed to another party. Occupancy of the additional farm dwelling shall continually comply with subsection (B)(1) of this section; or (12/10)

d.

On a lot or parcel on which the primary farm dwelling is not located, 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 farm labor housing as existing farm labor housing on the farm operation registered with the department of consumer and business services, Oregon Occupational Safety and Health Division under ORS 658.750. The city shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farm worker housing is no longer required; or (12/10)

e.

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 and the lot or parcel complies with the gross farm income requirements in subsection (B)(4) below, whichever is applicable. (12/10)

4.

The primary farm dwelling to which the proposed dwelling would be accessory satisfies the following criteria: (12/10)

a.

On land not identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and produced at least $40,000.00 gross annual income from the sale of farm products in the last two or three of the last five years; or (12/10)

b.

On land identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and produced at least $80,000.00 in gross annual income from the sale of farm products in the last two or three of the last five years; or (12/10)

c.

The primary dwelling is located on a commercial dairy farm as defined in this chapter; and (12/10)

i.

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; and (12/10)

ii.

The Oregon Department of Agriculture has approved a permit for a confined animal feeding operation under ORS 468B.050 and ORS 468B.200—468B.230; and (12/10)

iii.

Producer license for the sale of dairy products under ORS 621.072. (12/10)

d.

In determining the gross income in subsections (B)(4)(a) and (b) of this subsection, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. (12/10)

5.

The dwelling will be consistent with the fish and wildlife habitat policies of the comprehensive plan if located in a designated big game habitat area. (12/10)

6.

Secondary farm dwellings shall be a manufactured home, or other type of attached multiunit residential structure allowed by the applicable state building code, and a deed restriction filed with the county clerk requiring removal of the manufactured home or removal, demolition or conversion to a nonresidential use if other residential structures are used, when the occupancy or use no longer complies with the criteria or standards under which the manufactured home was originally approved. (12/10)

C.

A secondary single-family dwelling on real property used for farm use, subject to the following standards: (12/10)

1.

A dwelling on property used for farm use located on the same lot or parcel as the dwelling of the farm operator and occupied by a relative of the farm operator or farm operator's spouse, which means grandparent, stepgrandparent, grandchild, parent, stepparent, child, stepchild, brother, sister, stepsibling, 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. (12/10)

2.

The farm operator shall continue to play the predominant role in 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. (12/10)

3.

A deed restriction is filed with the county clerk requiring removal of the dwelling when the occupancy or use no longer complies with the criteria or standards under which the dwelling was originally approved. (12/10)

4.

For purposes of this subsection, a commercial farm operation is one that meets the income requirements for a primary farm dwelling identified in subsection (A)(1)(b) of this section, and the parcel where the dwelling is proposed contains a minimum of 80 acres. (12/10)

5.

All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed, subject to the following covenants, conditions and restrictions: (12/10)

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling. (12/10)

These covenants, conditions, and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions are located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027. (12/10)

D.

Dwelling alteration and replacement. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in KDC 2.120.10(C), other than as permitted in KDC 2.120.02(D), when the dwelling: (12/10)

1.

Has intact exterior walls and roof structure; (12/10)

2.

Has indoor plumbing consisting of a kitchen sink, toilet, and bathing facilities connected to a sanitary waste disposal system; (12/10)

3.

Has interior wiring for interior lights; (12/10)

4.

Has a heating system; and (12/10)

5.

In the case of replacement, the replaced dwelling is removed, demolished or converted to an allowable nonresidential use within three months of the occupancy of the replacement dwelling. (12/10)

6.

For the case in which the applicant has requested a deferred replacement permit, the dwelling to be replaced shall be removed or demolished within three months after the deferred replacement permit is issued. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the permit becomes void. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of consideration. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. (12/10)

7.

If the dwelling to be replaced is located on a portion of the lot or parcel not zoned SA, the applicant shall execute and record in the deed records a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this section regarding replacement dwellings have changed to allow the siting or another dwelling. (12/10)

The following uses may be permitted in the SA zone, subject to approval of the request by the planning director, based on satisfaction of the standards and criteria specified for each use. (12/10)

A.

Farm stand. Farm stand, subject to the following standards: (12/10)

1.

Structures shall be designed 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. (12/10)

a.

As used in this section, "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. 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 produce but not prepared food items. (12/10)

b.

As used in this section, "local agricultural area" is limited to the State of Oregon. (12/10)

2.

The sale of incidental retail items and fee based activity to promote the sale of farm crops or livestock sold at the farm stand is permitted, provided the annual sales of the incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand. (12/10)

3.

"Farm stand" shall not include structures designed for occupancy as a residence or for activities other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment. (12/10)

B.

Winery. Winery, as defined in KDC 2.120.140(G). The winery shall include only the sale of: (12/10)

1.

Wines produced in conjunction with the winery. (12/10)

2.

Items directly related to wine, the sales of which are incidental to the sale of wine on-site. Such items include those served by a limited service restaurant, as defined in ORS 624.010. (12/10)

C.

Religious organization and cemeteries. Religious organization and cemeteries in conjunction with religious organizations, subject to the following: (12/10)

1.

New religious organizations may not be established on high-value farmland. Existing religious organizations and cemeteries in conjunction with religious organizations may be maintained, enhanced, or expanded on the same tract wholly within a farm zone. (12/10)

2.

No new religious organizations, and cemeteries in conjunction with religious organizations, may be established within three miles of an urban growth boundary of a city unless an exception is approved pursuant to OAR Chapter 660, Division 4. (12/10)

D.

Public and private schools. Public or private schools, including all building essential to the operation of a school, subject to the following: (12/10)

1

New schools may not be established on high-value farmland. Existing schools may be maintained, enhanced, or expanded on the same tract wholly within a farm zone. (12/10)

2

No new school may be established within three miles of an urban growth boundary of a city unless an exception is approved pursuant to OAR Chapter 660, Division 4. (12/10)

E.

Filming activities. On-site filming and activities accessory to filming if the activity: (12/10)

1.

Involves filming or activities accessory to filming for more than 45 days; or (12/10)

2.

Involves erected of sets that would remain in place longer than any 45-day period. (12/10)

3.

The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. (12/10)

F.

Facilities for processing farm crops. A facility for processing of farm crops, or the production of biofuel as defined in ORS 315.141, subject to the following: (12/10)

1.

The farm on which the processing facility is located must provide at least one quarter of the farm crops processed at the facility. (12/10)

2.

The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm use. (12/10)

3.

The processing facility shall comply with all applicable siting standards, but the standards shall not be applied in a manner that prohibits siting of the processing facility. (12/10)

4.

Division of a lot or parcel that separates a processing facility from the farm operation on which is it is located shall not be approved. (12/10)

G.

Model aircraft. A site for the takeoff and landing of model aircraft, including such building or facilities as may reasonably be necessary, subject to the following: (12/10)

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 pre-existed the use. (12/10)

2.

The site shall not include an aggregate surface or hard area surface unless the surface pre-existed the use. (12/10)

3.

As used in this section, "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. (12/10)

H.

Wildlife habitat conservation. A wildlife habitat conservation and management plan on a lot or parcel, subject to the following: (12/10)

1.

The lot or parcel contains an existing legally established dwelling; or (12/10)

2.

Approval for the dwelling is obtained under provisions contained in KDC 2.120.03(A), (D) or 2.120.05(A). (12/10)

3.

The dwelling is situated on a legally created lot or parcel existing on November 4, 1993. (12/10)

4.

The lot or parcel is not predominantly composed of soils rated Class I or II, when not irrigated, or rated prime or unique by the Natural Resource Conservation Service, or any combination of such soils. (12/10)

I.

Other uses. 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. A facility is necessary if it must be situated in the SA zoning order for the service to be provided. An applicant must demonstrate that reasonable alternatives have been considered and that the facility must be sited in a SA zone due to one or more of the following factors as found in OAR 660-33-130(16): (12/10)

1.

Technical and engineering feasibility; (12/10)

2.

The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for special agriculture is order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; (12/10)

3.

Lack of available urban and non-resource lands; (12/10)

4.

Availability of existing right-of-way; (12/10)

5.

Public health and safety; and (12/10)

6.

Other requirements of state and federal agencies. (12/10)

a.

Costs associated with any of the factors listed above 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. (12/10)

b.

The owner of a utility facility approved under this section shall be responsible for restoring, to its former condition as nearly as possible, 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 upon a contractor the responsibility for restoration. (12/10)

c.

The applicant shall address the requirements of KDC 2.120.06(A). (12/10)

d.

In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060. (12/10)

e.

The provisions of this subsection do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission. (12/10)

J.

Parking of not more than seven log trucks on a tract when the use will not: (12/10)

1.

Force a significantly change in accepted farm or forest practices on surrounding lands devoted to farm or forest use. (12/10)

2.

Significantly increase the cost of accepted farm or forest practices on surrounding land devoted to farm or forest use. (12/10)

K.

Fire service facilities providing rural fire protection services. (12/10)

L.

Irrigation canals, delivery lines and those structures and accessory operational facilities associated with a district as defined in ORS 540.505. (12/10)

M.

Utility facility service lines. Utility facility service lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: a public right-of-way; land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or the property to be served by the utility. (12/10)

N.

Subject to the issuance of a license, permit or other approval by the department of environmental quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246, 215.247, 215.249 and 215.251, the land application of reclaimed water, agricultural process or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone under this division. (12/10)

The following uses may be permitted in a SA zone, subject to obtaining a conditional use permit and satisfying the criteria in KDC 2.120.06(A), and any additional criteria, requirements, and standards specified for the use: (12/10)

A.

Single-family dwelling or manufactured home not in conjunction with farm use, subject to the criteria and standards in KDC 2.120.06(B), 2.120.07 and 2.120.10. (12/10)

B.

Home occupations, subject to the criteria in KDC 2.120.06(C). (12/10)

C.

Public parks, open spaces, and playgrounds, including only those uses specified under OAR 660-034-035 or OAR 660-034-0040, whichever is applicable, and consistent with ORS 195.120 and with filing of the declaratory statement in KDC 2.120.10(C). (12/10)

D.

A replacement dwelling to be used in conjunction with farm use or non-farm use and with filing of the declaratory statement in KDC 2.120.10(C). (12/10)

In addition to the criteria in section 3.103 KDC, the uses identified in KDC 2.120.05 shall satisfy criteria in the applicable subsections below. (12/10)

A.

The following criteria apply to all conditional uses in the SA zone:

1

The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. (12/10)

2

Adequate fire protection and other services are, or will be, available when the use is established. (12/10)

3

The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. (12/10)

4

Any noise associated with the use will not have a significant adverse impact on nearby land uses. (12/10)

5

The use will not have a significant adverse impact on potential water impoundments identified in the comprehensive plan, and not create significant conflicts with operations included in the comprehensive plan inventory of significant mineral and aggregate sites. (12/10)

B.

Non-farm dwellings. The following additional criteria apply to non-farm dwelling requests: (12/10)

1.

The dwelling will be sited on a lot or parcel that is predominantly composed of Class IV through Class VIII soils that would not, when irrigated, be classified as prime, unique, Class I or Class II soils. Soils classifications shall be those of the Soil Conservation Service in its most recent publication, unless evidence is submitted as required in KDC 2.120.13. (12/10)

2.

The dwelling will be sited on a lot or parcel that does not currently contain a dwelling and was created before January 1, 1993. The boundary of the lot or parcel cannot be changed after November 4, 1993, in any way that enables the lot or parcel to meet the criteria for non-farm dwelling. (12/10)

3.

The dwelling will not materially alter the stability of the overall land use pattern of the area. In making this determination the cumulative impact of possible new non-farm dwellings on other lots or parcel in the area similarly situated shall be considered. To address this standard, the following information shall be provided: (12/10)

a.

Identify a study area for the cumulative impact analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 areas, if the smaller area is a distinct agricultural area based on topography, soil types, land use pattern, or the type of farm or ranch operations or practices that distinguish it from other, adjacent agricultural areas. Findings shall describe the study area, its boundaries, the location of the subject parcel within this area, why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or non-resource uses shall not be included in the study area; (12/10)

b.

Identify within the study area the broad types of farm uses (irrigated or non-irrigated crops, pasture or grazing lands), the number, location and type of existing dwellings (farm, non-farm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of non-farm dwellings that could be approved under KDC 2.120.05(A), including identification of predominant soil classifications and parcels created prior to January 1, 1993. The findings shall describe the existing land use pattern of the study area, including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible non-farm dwellings under this provision; (12/10)

c.

Determine whether approval of the proposed non-farm dwellings together with existing non-farm dwellings will materially alter the stability of the land use pattern. The stability of the land use pattern will be materially altered if the cumulative effect of existing and potential non-farm dwellings will make it more difficult for the existing types of farms in the area to continue operation due to diminished opportunities to expand, purchase, lease farmland, acquire waste rights or diminish the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area. (12/10)

C.

Home occupations. Home occupations are subject to the criteria specified in section 2.407 KDC. (12/10)

D.

Public parks. Public parks, playgrounds, shall meet the following criteria: (12/10)

1.

Shall be developed in accordance with a master plan. (12/10)

2.

Shall not be connected to the city's sanitary sewer service; however, a connection to the city's public water system may be allowed. (12/10)

3.

Shall be developed in conjunction with an adjacent park use. (12/10)

4.

Shall provide connections to the local neighborhood where they are determined to be appropriate so as to encourage pedestrian and bicycle access to the park. (12/10)

5.

Shall provide for adequate screening and buffering to adjacent residential uses to mitigate any identified impacts associated from the development such as through the use of berms or other light damping structures. (12/10)

6.

Shall provide appropriate directional signage to mitigate traffic. (12/10)

The following shall apply to non-farm dwellings. (12/10)

A.

Special setbacks. (12/10)

1.

Dwellings. A special dwelling setback of 200 feet from any abutting parcel in farm use or timber production is required. (12/10)

2.

Accessory buildings. A special setback of 100 feet is required for buildings accessory to a dwelling from any abutting parcel in farm use or timber production. (12/10)

3.

Adjustments. The special setbacks in subsection (A)(1) and (2) of this section may be reduced if it is determined that a lesser setback will prevent activities associated with the dwelling or accessory building from seriously interfering with farming practices. (12/10)

4.

The special setback in subsection (A)(1) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 to 195.336 nor should the special setback in subsection (A)(1) of this section prohibit a claimant's application for home sites under ORS 195.300 to 195.336. (12/10)

B.

Fire hazard reduction. As a condition of approval for any non-farm dwelling located closer than 200 feet to timber, the owner shall be required to maintain a fuel free break area in accordance with Oregon Department of Forestry and/or state fire marshal requirements. (12/10)

C.

Prior to issuance of any residential building permit for an approved non-farm dwelling under KDC 2.120.05(A), evidence shall be provided that the county assessor has disqualified the lot or parcel for valuation at true cash value for farm or forest use and that the additional tax or penalty has been imposed, if any is applicable, as provided by ORS 308A.113 or ORS 308A.724 or ORS 321.359(1)(b), ORS 321.842(1)(a) and 321.716. A parcel that has been disqualified under this section shall not requalify for special assessment unless, when combined with another contiguous parcel, it constitutes a qualifying parcel. (12/10)

For the purpose of regulating dwellings and structures at the time the SA zone is applied, the following regulations shall apply: (12/10)

A.

Legally established dwellings existing when the SA zone is applied shall be considered in conformance with the SA zone and may be repaired, altered, enlarged or replaced pursuant to KDC 2.120.02(D) or 2.120.03(D). (12/10)

B.

Legally established structures accessory to a dwelling, farm or forest use, or other authorized use, existing when the SA zone is applied shall be considered in conformance with the SA zone and may be repaired, altered, or enlarged unless conditions applied to the use require that changes to the structure be reviewed. (12/10)

C.

Notwithstanding KDC 2.120.07, if a legally established non-resource use exists in the SA zone and is unintentionally destroyed by fire, other casualty or natural disaster, the use may be reestablished to its previous nature, but the reestablishment shall satisfy other building codes, ordinance and permit requirements. Efforts to establish the use shall commence within one year of destruction of the use or structure. (12/10)

The following apply when property line adjustments and partitioning of land within a SA zone are proposed: (12/10)

A.

Minimum parcel size for newly created parcels. (12/10)

1.

Farm parcels. The minimal parcel size for new farm parcels shall be calculated as follows: (12/10)

a.

All parcels wholly or in part within 500 feet of the subject parcel shall be identified. (12/10)

b.

The average (mean) size of all parcels larger than 40 acres identified in subsection (A)(1)(a) of this section shall be determined. (12/10)

c.

The acreage size calculated in subsection (A)(1)(b) of this subsection, rounded to the nearest ten acres, is the minimum parcel size unless such parcel size is less than 80 acres, in which case the minimum parcel size is 80 acres. (12/10)

2.

A new non-farm parcel created pursuant to KDC 2.120.09(B) shall only be as large as necessary to accommodate the use and any buffer needed to ensure compatibility with adjacent farm uses. (12/10)

B.

Requirements for creation of new non-farm parcels. (12/10)

1.

A new non-farm parcel may be created for uses listed in KDC 2.120.04(C) and 2.120.05, except the residential uses in KDC 2.120.05(A) and (B). (12/10)

2.

The criteria in KDC 2.120.06 applicable to the use shall apply to the parcel. (12/10)

3.

A non-farm parcel shall not be approved before the non-farm use is approved. (12/10)

4.

A division of land for non-farm use shall not be approved unless any additional tax imposed for the change has been paid, or payment of any tax imposed is made a condition of approval. (12/10)

5.

If the land division is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting parcels, subject to the following criteria: (12/10)

a.

A parcel created by the land division that contains a dwelling is large enough to support continued residential use of the parcel. (12/10)

b.

A parcel created pursuant to this subsection that does not contain a dwelling: (12/10)

i.

Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120; (12/10)

ii.

May not be considered in approving or denying an application for any other dwelling; (12/10)

iii.

May not be considered in approving a redesignation or rezoning of forestlands or farmlands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and (12/10)

c.

May not be smaller than 25 acres unless the purpose of the land division is: (12/10)

i.

To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or (12/10)

ii.

To allow a transaction in which at least one party is a public park or open space provider, or a not for profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property. (12/10)

C.

Property line adjustments.

1.

When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to KDC 2.120.09(A)(1), the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than the minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels. (12/10)

2.

If the minimum parcel size in KDC 2.120.09(A)(1) is larger than 80 acres, and a lot or parcel subject to property line adjustment is smaller than the minimum parcel size but larger than 80 acres, the lot or parcel shall not be reduced in size through property line adjustment to less than 80 acres. (12/10)

3.

Any property line adjustment shall result in a configuration of lots or parcels that are at least as suitable for commercial agriculture as were the parcels prior to the adjustment. (12/10)

4.

A property line adjustment may not be used to: (12/10)

a.

Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling; (12/10)

b.

Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling. (12/10)

The following standards apply to development in a SA zone: (12/10)

A.

Maximum height. (12/10)

1.

Dwellings: 35 feet. (12/10)

2.

Farm related structures on farm parcels: none. (12/10)

3.

Nonresidential and non-farm structures: 35 feet unless it is in conjunction with conditional uses allowed in KDC 2.120.05, and a greater height is approved as part of the conditional use permit. (12/10)

B.

Minimum setbacks. Except as required in KDC 2.120.07(A), the following setback requirements shall be implemented for all new structures other than farm exempt buildings, signs and fences: (12/10)

1.

Rear yard: a minimum of 20 feet. (12/10)

2.

Side yard: a minimum of ten feet. (12/10)

3.

Front yard: a minimum of 20 feet. (12/10)

C.

Declaratory statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow of the entering the following declaratory statement into the chain of the parcel(s):

"The property herein described is situated in or near a farm or forest zone or area where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents minimize conflicts with farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws which ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantees, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and I/We acknowledge the need to avoid activities that conflict with nearby farm and forest uses and practices I/We will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937." (12/10)

Notwithstanding other provisions of this ordinance, a discretionary decision, except for a land division, approving a proposed development in the SA zone expires two years from the date of the final decision if the development action is not initiated in that period. The director may grant an extension period of up to 12 months if an applicant makes a written request for an extension of the development approval period; the request is submitted to the city prior to expiration of the approval period; the applicant states the reasons that prevented the applicant from beginning or continuing development within the approval period and the city determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible. Approval of an extension granted under this section is not land use decision described in ORS 197.015 and is not subject to appeal as a land use decision. Additional one-year extensions may be authorized where applicable criteria have not changed. (12/10)

For purposes of approving an application for a non-farm dwelling, the soil class, soil rating, or other soil designation of a specific lot or parcel may be changed if the property owner submits a report from a consulting soils scientist whose credentials may have been certified as acceptable to the state department of agriculture that the soil class, soil rating, or other soil designation should be changed and the report satisfies the most recent requirements in the Oregon Administrative Rules for acceptable soils reports. (12/10)

The following terms apply to this chapter and have no relevance to the same term used in other chapters of this ordinance unless specifically stated: (12/10)

A.

Farm use means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. "Farm use" includes the preparation, storage and disposal by marketing or otherwise of the products or byproducts raised on such land for human or animal use. "Farm use" also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines, including, but not limited to, providing riding lessons, training clinics and schooling shows. "Farm use" also includes the propagation, cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by the rules adopted by the state fish and wildlife commission. "Farm use" includes the on-site construction and maintenance of equipment and facilities used for the activities described in this subsection. "Farm use" does not include the use of land subject to the provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees as defined in ORS 215.203 or land described in ORS 321.267(3) or 321.824(3). (12/10)

Preparation of products or byproducts includes, but is not limited to, the cleaning, treatment, sorting, or packaging of the products or byproducts. Products or byproducts raised on such land means that those products or byproducts are raised on the farm operation where the preparation occurs or on other farm land provided the preparation is occurring only on land being used for the primary purpose of obtaining a profit in money from the farm use of the land. (12/10)

B.

High-value farmland means a tract composed predominantly of: (12/10)

1.

Soils rated Class I or II, prime, or unique, either irrigated or not irrigated; (12/10)

2.

The following Class III soils: Chehalem (CeC), Concord (Co), Hullt (HuD), Jory (JoD), Nekia (NeC, NeD, NkC), Salkum (SkD), Silverton (SuD), and Woodburn (WuD); (12/10)

3.

The following Class IV soils: Bashaw (Ba), Camas (Ca), Courtney (Cu), Dayton (Da), and Jory (JoE). (12/10)