Chapter 410 Exclusive Farm Use Zone

Approval Criteria
A. For Type II and Type III uses, in addition to the applicable standards in Chapter 210, Conditional Uses, the applicant shall demonstrate that the following criteria have been satisfied:

1. Such uses will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; and

2. Such uses will not significantly increase the cost of accepted farm or forest practices on lands devoted to farm or forest use.

B. Placement of dwellings in the EFU zone shall conform to statutory and rule provisions.

C. The following criteria apply to Type III uses:

1. The use or activities associated with the use will not force a significant change in or significantly increase the cost of accepted farming or forest practices on nearby lands devoted to farm or forest use.

2. The use will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the cumulative impact of nonfarm dwellings on other lots or parcels in the area similarly situated and whether creation of the parcel will lead to the creation of other nonfarm parcels to the detriment of agriculture in the area will be considered pursuant to OAR 660-033-0130(4)(c)(C)(c)(A).

3. The use is situated on a parcel or portion of a parcel which is generally unsuitable for the production of farm crops and livestock considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation and location and size of the tract. A lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land.

4. When the use is a dwelling, the dwelling will be situated upon land which, as a condition of approval, can be approved for sub-surface sewage disposal or an approved alternative sewage disposal system.

5. The portion of land approved for a use under Section 410.04 of this Ordinance shall be disqualified from farm deferral where the land cannot reasonably continue in farm use.

6. Explanation acceptable to the County is provided to demonstrate that:

a. Existing public services, utilities, and road systems are adequate to accommodate the proposed use, or that any such need will be provided by the applicant.

b. The proposed development is designed to minimize adverse impacts to existing terrain, slope, and ground cover and to protect the immediate and surrounding area from potential adverse impacts caused by surface water run-off.

c. Water, both in terms of quantity and quality, is available and adequate for the use, and adequate provisions for solid waste disposal will be provided.

7. The use complies with such other conditions, as the Planning Commission considers necessary.

D. The following standards shall apply for land divisions for parcels equal to or below minimum size as established by ORS 215.780:

1. A parcel may be divided into two nonfarm parcels each to contain one dwelling not in conjunction with farm use (nonfarm dwelling) upon a finding that:

a. Nonfarm dwellings have been approved pursuant to Sections 410.04 and 410.06 of this ordinance, in addition to other applicable criteria;

b. The parcel was created prior to July 1, 2001;

c. The original parcel size is larger than 40 acres;

d. The parcels are not capable of producing at least 20 cubic feet of wood fiber;

e. There are not any established water rights for irrigation;

f. The parcel is composed of 90% Class VII and VIII soils; or

g. The parcel is composed of 90% Class VI, VII and VIII soils and complies with Subsection 2 of this section.

2. Parcels identified in subsection (1)(g) of this section must demonstrate that the sites are not capable of producing adequate herbaceous forage for grazing livestock. These findings shall include the following:

a. Whether the parcel is currently fenced;

b. Whether there is livestock water available;

c. Size of parcel;

d. The total pounds of dry matter herbaceous forage per year using the following:

i. The data provided in the Natural Resources Conservation Service Soil Survey for Baker County, Table 6, for each soil type on the parcel. The total pounds of herbaceous forage shall be calculated using the data provided for an average year, using best management practices.

e. Each parcel shall not produce more than 11,000 pounds per average year of dry matter herbaceous forage.