<<Back to Table of Contents
<<Search Zoning Ordinances>>
ARTICLE 3: USE ZONES
SECTION 302.03 FARM OR FOREST MANAGEMENT DWELLINGS
May be established subject to the approval of the Baker County Planning Commission.
A. A dwelling in conjunction with farm use may be established subject to applicable standards of Article 6 and finding that the proposed dwelling can satisfy all of the following criteria.
1) The parcel is devoted to existing farm uses; where the day-to-day activities are principally directed to the farm use on the parcel.
2) The dwelling is customarily provided in conjunction with farm use.
3) The parcel is large enough for the appropriate continuation of the existing commercial agricultural enterprise in the area.
4) The single-family dwellings and other buildings are customarily provided in conjunction with farm use.
5) Compliance with such other conditions as the governing body or its designate considers necessary.
B. If an accessory farm dwelling is proposed, it must meet the criteria of 302.03(a)(1-5) and be occupied by an employee or a relative, which means grandparent, grandchild, parent, child, brother or sister of the farm operator or the farm operator's spouse, whose assistance in the management of the farm use is or will be required by the farm operator.
C. A Forest Management dwelling may be established subject to Article 6 and upon a finding that each proposed dwelling:
1) Is necessary for and accessory Rule definition: 660-06-027 (1): (a) "necessary for" means the dwelling will contribute substantially to effective and efficient management of the forest land to be managed by the resident(s) of the dwelling; (b) "Accessory to" means that the dwelling is incidental and subordinate to the main forest use. to forest operations, including cultured Christmas trees as defined in ORS 215.203(3). That determination shall be based on review of a forest management plan, which shall, at a minimum, provide information necessary to complete a forest management form regarding the condition and productivity of the lands to be managed, a chronological description of commercial forest management activities to be undertaken by the resident(s) or under contract, and estimates of yield, labor and expenses.
2) There are no other dwellings suitable for forest management activities on the property which are vacant or currently occupied by persons not engaged in forestry, which could be used as the principal forest management dwelling on the forest operation.
3) Does not seriously interfere with, increase the cost of or otherwise impede forest management practices on adjacent lands devoted to forest use (as regulated by the Oregon Forest Practices Act, ORS 527.610 through 527.730).
4) Does not seriously interfere with, increase the cost of, or otherwise impede farming practices on adjacent lands (as defined in ORS 215.203).
5) Is sited on a parcel which qualifies for and is receiving one of the Oregon farm or forest tax deferral programs.
D. If road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the Bureau of Land Management, or the United States Forest Service, then the Applicant shall provide proof of a long-term road access use permit or agreement. The road use agreement may require the Applicant to agree to accept responsibility for road maintenance.
E. The forest lands to be managed by the resident of the proposed dwelling must meet the stocking and survival requirements of the Forest Practices Rules for Eastern Oregon. [OAR 629-24-402]
F. The Applicant for a Forest Management dwelling must also:
1) Comply with siting standards of Subsection 302.06.
2) Comply with fire safety design standards for roads and driveways as defined in Subsection 302.07.
3) Provide information regarding the condition and productivity of the lands to be managed. The plan will include a chronological description of commercial forest management activities to be undertaken by the resident(s) and estimates of yield, labor and expenses.
4) Submit a plot plan showing the site for the proposed dwelling.
5) Pursuant to OAR 660-06-027(2), provide documentation to the Planning Department showing that the Oregon Department of Forestry has had the opportunity to review and evaluate the condition and productivity of the lands to be managed, the plans for management of the lands, estimates of yield, labor and expenses and the siting of the dwelling and related fire safety measures. The information must be sufficient to enable the Oregon Department of Forestry within 45 days to determine that:
a. The information describing the productivity and current condition of the forest land to be managed is complete and accurate.
b. Fulfillment of the forest management plan will result in use of the parcel for the required management purpose in terms of stocking, stand density and harvest.
G. For application for a forest related dwelling on pre-existing parcels of less than 80 acres, the Applicant must document:
1) That the parcel is of sufficient size to demonstrate that forest crops of a commercial variety and quantity can be produced on the parcel, including but not limited to Christmas trees, posts, poles, and/or saw timber.
2) That the parcel has been managed for commercial forestry as demonstrated by:
a. Timber tax deferral; and
b. Participation in a management plan approved by the State Service Forester.
3) Meet standards of Section 302.03(C).