ARTICLE III: RESOURCE DISTRICTS
Section 300 PRIMARY AGRICULTURE-38
301 Purpose: this district is intended to preserve, enhance and stabilize those prime agricultural lands and farm use areas within the County which are being used, and offer the greatest potential, for food and fiber production.
Agricultural land is comprised of predominantly Class I-IV soils as identified in the Soil Capability Classification System of the Soil Conservation Service, and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm irrigation purposes, existing land use patterns, and accepted farming practices. Agricultural land shall also include other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands.
302 Permitted Uses:
.1 Farm use as defined by Subsection 2 of ORS 215.203.
.2 The propagation or harvesting of a forest product.
.3 Dwellings customarily provided in conjunction with farm use on contiguous ownerships of 38 or more acres, including a mobile home for the owner, operator, or employees, required to carry out a use permitted outright.
.4 A dwelling on real property used for farm use if the dwelling is:
A) Located on the same lot or parcel as the dwelling of the farm operator; and
B) Occupied by a relative, which means, grandparent, grandchild, parent, child, brother or sister of the farm operator or the farm operators spouse, whose assistance in the management of the farm use is or will be required by the farm operator.
.5 Farm buildings, other than dwellings, customarily provided in conjunction with farm use, including roadside stands selling farm products produced on property owned or leased for farm use by the owner of the property on which the roadside stand is located.
.6 Operations for the exploration for and production of geothermal resources as defined by ORS 522.005.
.7 A site for the disposal of solid waste that has been ordered to be established by the Environmental Quality Commission under ORS 459.049, together with equipment, facilities, or buildings necessary for its operation.
.8 Signs subject to Section 1300.
.9 Mobile home or recreation vehicle used during the construction of a permitted use for which a building or siting permit has been issued subject to Section 1505.
303 Conditional Uses:
.1 Commercial activities that are in conjunction with farm use.
.2 Operations conducted for the mining and processing of geothermal resources as defined by ORS 522.005, or exploration, mining, and processing of aggregate and other mineral resources or other subsurface resources.
.3 Public or private schools.
.4 Churches.
.5 Community centers owned and operated by a governmental agency or a nonprofit community organization.
.6 Golf course.
.7 Parks, playgrounds, hunting and fishing preserves, and campgrounds.
.8 Facilities necessary for public utility service.
.9 Personal use airports for airplanes and helicopter pads, including associated hangar, maintenance and service facilities as provided by ORS 215.213(2) (g).
.10 Home occupations carried on by the resident as an accessory use within dwellings or other buildings allowed in conjunction with farm use.
.11 A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in Subsection 2 or ORS 215.203. Such a facility may be approved for a on-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located.
.12 The boarding of horses for profit.
.13 Single family dwelling or mobile homes and their accessory uses, not provided in conjunction with farm use, may be granted conditional approval upon a finding that each such proposed use:
A. Is compatible with farm uses and is consistent with the intent and purpose set forth in this ordinance relating to farm lands; and
B. Does not interfere seriously with accepted farming practices on adjacent lands devoted to farm use; and
C. Does not materially alter the stability of the overall land use pattern of the area; and
D. Is situated upon generally unsuitable land for the production of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract.
E. Any application for a non-farm dwelling in an exclusive farm use zone shall be approved only if the parcel on which the dwelling is to be built has been removed from the farm tax deferral in accordance with the provisions of ORS 215.236
.14 Construction or placement of a dwelling or manufactured dwelling customarily provided in conjunction with farm use on a contiguous ownership smaller the 38 acres upon a finding that all of the following criteria are satisfied:
A. The parcel will support accepted farm practices as defined by ORS 215.203 by showing that (1) the parcel will be used in conjunction with other farmland in the area to contribute to a continuation of the existing commercial agricultural enterprise; or (2) the ownership will be used for an alternative commercial farm use of greater intensity (such as a nursery than commercial farms in the area, and that such a use will be consistent with the continuation of existing commercial agriculture in the area; and
B. The dwelling is located in such a way that it does not reduce the existing or potential agricultural productivity of the parcel; and
C. The addition and location of new structures and improvements including dwellings, fences, roads, utilities, wells, etc. will not impose limitations on existing commercial farm practices in the area; and
D. The construction or placement of the dwelling is in conformity with the State Legislatures Agricultural Land Use Policy as set forth in ORS 215.243, which declares that: "The preservation of maximum amount of the limited supply of agricultural land...in large blocks is necessary in maintaining the agricultural economy of the state..."
E. The dwelling is to be used in conjunction with an existing commercial farm use on the parcel.
.15 Temporary placement of a mobile home or recreation vehicle to be used because of a health hardship subject to Section 1505.
304 Standards:
.1 The minimum lot size for all farm and forest activities shall be 38 acres, except as provided in Section 305 below the minimum lot size for all other permitted and conditional uses shall be 20,000 square feet.
.2 The minimum average lot width shall be 100 feet for all activities except farming or forestry.
.3 The minimum average lot depth shall be 100 feet for all activities except farming or forestry.
.4 All parcels permitted by Section 302 shall have a minimum of 50 foot frontage on a public or private right-of-way.
.5 All parcels permitted by Section 303 shall have minimum of 50 foot frontage on a public right-of-way.
.6 No structure shall be constructed closer than 30 feet to a property line.
.7 Unless otherwise prohibited, the maximum building height for all non-farm, non-forest structures shall be 50 feet or 2-1/2 stories, whichever is less. Unless otherwise prohibited, structures such as barns, silos, windmills, antennas, chimneys, or similar structures may exceed the height limitations to a maximum height of 50 feet.
305 Partitions:
.1 Any proposed partition of land that would result in the creation of a farm or forest parcel smaller than 38 acres shall be reviewed in accordance with the requirements of ORS 215.263, Section 305.2 below, and the County Subdivision and Partitioning Ordinance. If all parcels proposed to be created exceed 38 acres, the partition shall be reviewed in accordance with the requirements of the County Subdivision and Partitioning Ordinance.
.2 The proponent of a partition request for the creation of a parcel or parcels smaller than the prescribed minimum must demonstrate that the parcel is for a non-farm use reviewed and approved under Section 303.13, or that all of the following criteria are satisfied:
A. Any newly created parcels will support farm practices as defined by ORS 215.203 by showing (1) that the parcel will be used in conjunction with other farmland in the area to contribute to a continuation of the existing commercial agricultural enterprise; or (2) the parcel will be used for an alternative commercial farm use of greater intensity (such as a nursery) and that such a use will be consistent with the continuation of existing commercial agriculture in the area; and the proposed parcels are large enough to enable the proposed agricultural use to be practiced as it is on similar commercial enterprises in the region; and
B. The parcelization will not reduce the existing or potential agricultural productivity of the subject property; and
C. The addition and location of new structures and improvements, including houses, fences, roads utilities, wells, etc., will not impose limitations on existing farm practices in the area; and
D. The parcelization is in conformity with the State Legislatures Agricultural Land Use Policy as set forth in ORS 215.243, which declares that "The preservation of a maximum amount of the limited supply of agricultural land...in large blocks is necessary in maintaining the agricultural economy of the State..."
306 Special Notification Requirements:
.1 The County Agricultural Extension office and the Soil and Water Conservation Service shall be notified of all requests made under Section 303 and 305 of this chapter. These two agencies will be given 10 working days to comment on such requests.
307 Homestead Lot: the purpose of this section is to encourage the retention of agricultural land in large blocks, while providing the opportunity for residents who are no longer able, or who no longer desire, to farm the land to retain their homes and sell the balance of the property. The Planning Director may approve a lot division for a principal dwelling existing on the effective date of this ordinance, and this lot shall be permitted as a non-farm use, provided that all of the following criteria are satisfied:
.1 The property is 38 acres or larger prior to the creation of the homestead lot.
.2 The lot created to accommodate the dwelling shall include no more than 2 acres of land, unless soil conditions, topography, or other unique circumstances require a greater land area, and such lot shall not be divided further.
.3 The remainder of the property shall not be partitioned further under this provision.
.4 A lot created under this provision shall be partitioned in accordance with the requirements of the County Subdivision and Partitioning Ordinance.
.5 Documents recorded to carry out a partition approved under this provision shall include a statement that such lots are for "Homestead Purposes" and are subject to the restrictions imposed herein.
308 Two or more existing dwellings on a parcel: Notwithstanding the lot size provisions of this zone, the Director may approve the partitioning of a lawfully created lot or parcel in this zone, upon which two or more lawfully established permanent dwellings exist, into a number of parcels equal to the number of dwellings on the lot or parcel, upon findings by the Director that:
A. The creation of the separate parcels will have no adverse impact on farm or forestry practices in the area or on the parcels.
B. Each parcel to be created will have a habitable dwelling thereon.
C. The configuration of the parcels will permit the establishment of an alternate septic system drainfield on each parcel, in an area approved by the county sanitarian, in case the existing drainfield fails.
309 Land Divisions:
A farm or forest parcel smaller than 38 acres may be created in the PA-38 zone only if the application, investigation, evidence, findings and conclusions show that all of the following conditions exist:
.1 The proposed parcel is intended for farm use, and is appropriate to the continuation of the existing commercial agricultural economy in the area;
.2 The proposed parcel will not have a significant adverse impact on identified sensitive fish and wildlife habitats;
.3 The proposed parcel will be capable of contributing in substantial way to the existing agricultural processors and established farm markets; and
.4 Such findings shall be based on at least the following factors:
A. The proposed division is compatible with the farm use in the area and codes not interfere, either in itself or in the location of improvements, with current accepted farming practices, as that term is defined in ORS 215.203, which characterizes such use;
B. The proposed division is consistent with the agricultural land use policy for the State of Oregon expressed in ORS 215.243;
C. The proposed division does not materially alter the stability of the overall land use pattern of the area, nor substantially add to the demand for increased use of roads, ground water during growing seasons, or public facilities and services.
.5 The proposed division shall create parcels typical of the surrounding agricultural area and be of sufficient size to support production of food or fiber using accepted farm practices as that term is defined in ORS 215.203 after findings have been made with respect to the following:
A. Soil types and patterns in the area and typical yields;
B. Type of crops grown in the area and typical yields;
C. Potential markets;
D. Other relevant information included in the agricultural element of the Columbia County Comprehensive Plan; and
E. Average size of parcels on which commercial agricultural farming is practiced in the area.
In no case shall parcels less than 38 acres be allowed except as provided elsewhere in this zoning ordinance.
310 Fire Siting Standards for Dwellings and Roads: The following fire siting standards or their equivalent shall apply to all new dwellings in this zone:
.1 If a water supply is available and suitable for fire protection, such as a swimming pool, pond stream or lake, then road access to within 15 feet of the waters edge shall be provided for pumping units. The road access shall accommodate the turnaround of fire fighting equipment. Permanent signs shall be posted along the access route to indicate the location of the emergency water source.
.2 The owner of the dwelling shall maintain a primary fuel-free break area around all structures, shall clear and maintain a secondary fuel-free break area, and shall maintain adequate access to the dwelling for fire fighting vehicles in accordance with the provisions in "Protecting Your Home From Wildfire", published by the National Fire Protection Association.
.3 All roads in this zone, except private roads and bridges for commercial forest uses, shall be constructed so as to provide adequate access for fire fighting equipment, according to the standards provided by the local rural fire protection district of State Department of Forestry.
Section 400 FOREST AGRICULTURE - 19
401 Purpose: The purpose of this zone is to protect and promote farm and forest uses on lands which have resource value, but which are not suited for either the Farm (PA-38) zone or the Forest (PF-76) zone because of smaller parcel size, conflicting adjacent uses, adverse physical features, or other limiting factors.
402 Permitted Uses:
.1 Farm uses as defined by Subsection (2) of ORS 215.203.
.2 The propagation or harvesting of a forest product.
.3 Dwellings necessary and accessory to farm or forest use on contiguous ownerships of 19 or more acres, including a mobile home, for the owner, operator, or employees, required to carry out a use permitted outright. Applications for a building permit pursuant to this section shall be accompanied by a management plan which shall be reviewed by the Planning Director under the procedures set forth in Section 1601 of this ordinance. The application shall not be approved unless the Planning Director determines that the requirements of this section are met. The Management plan must provide the following information. Additional information may also be required;
A. A description of the parcel, including soil types, forest site classes, forest species, ages and densities, topography, streams, wetland areas, roads, structures, and other significant geographic features.
B. A determination of which forest use(s) the forest residence is needed for.
C. A discussion of why the forest residence is needed to conduct the forest use(s) identified in B. above.
D. A discussion of methods and practices the landowner is or will be using to conserve forest resources, including but not limited to:
1. soil conservation and erosion control;
2. fire protection;
3. brush management;
4. fish and wildlife habitat management;
5. harvest and revegetation plans;
6. stream quality protection; and
.7 fencing requirements and cost.
E. All forest practices must comply with the Oregon Forest Practices Act.
.4 A dwelling on real property used for farm help if the dwelling is:
A. Located on the same lot or parcel, as those terms are defined in ORS 92.010, as the dwelling of the farm operator; and
B. Occupied by a relative, which means grandparent, grandchild, parent. child, brother, or sister of the farm operator or the farm operators spouse, whose assistance in the management of the farm use is or will be required by the farm operator.
.5 Buildings, other that dwellings, customarily provided in conjunction with farm or forest uses, including roadside stands for selling farm products produced on property owned or leased for farm use by the owner of the property on which the roadside stand is located.
.6 Operations conducted for the exploration of geothermal resources as defined by ORS 522.005.
403 Planning Director Review: Residential structures allowed by Section 402 within major and peripheral big game range shall be reviewed by the Planning Director to determine consistency with the maintenance of big game habitat. In making this determination, consideration shall be given to the cumulative effects of the proposed action and other development in the area on big game habitat. Where such a finding is made development shall be sited to minimize the impact on big game habitat. To minimize the impact, structures shall: be located near existing roads,; be as close as possible to existing structures on adjoining lots; and be clustered where several structures are proposed.
404 Conditional Uses: In a FA-19 zone, the following uses and their accessory uses are permitted subject to the provisions of Sections 405 and 406. A conditional use shall be reviewed according to the procedures provided by Section 1503.
.1 Commercial Activities that are in conjunction with a farm use or that are necessary for and accessory to a forest use.
.2 Operations conducted for the mining and processing of geothermal resources as defined by ORS 522.005, or exploration, mining, and processing of aggregate and other mineral resources or other subsurface resources.
.3 Public or private schools.
.4 Churches
.5 Community centers owned and operated by a governmental agency or a nonprofit community organization.
.6 Parks, playgrounds, hunting and fishing preserves, and campgrounds and accessory facilities.
.7 Facilities necessary for public utility service.
.8 Airplane landing strips and helipads and accessory facilities in conjunction with farm or forest use.
.9 Home occupations carried on by the resident as accessory use within dwellings or other buildings allowed in conjunction with farm or forest use.
.10 A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in Subsection 2 of ORS 215.203. Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, 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 section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located.
.11 The breeding, boarding and training of horses for profit provided the Commission or the Board finds in the particular case that the request can be granted pursuant to a proper exception to Goal 4 - Forest Lands.
.12 A site for the disposal of solid waste approved by the governing body of a city or county or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities, or buildings necessary for its operation.
.13 One-family dwellings, mobile homes, or recreation vehicles and their accessory uses not provided in conjunction with farm or forest use may be granted conditional approval upon a finding that each such proposed use:
A. Is compatible with farm or forest uses and is consistent with the intent and purpose set forth in this ordinance relating to farm or forest lands; and
B. Does not interfere seriously with accepted farming or forest practices on adjacent lands devoted to farm or forest use; and
C. Does not materially alter the stability of the overall land use pattern of the area; and
D. Is situated upon generally unsuitable land for the production of farm or forest crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract.
E. Any application for a non-farm dwelling in a exclusive farm use zone shall be approved only if the parcel on which the dwelling is to be built has been removed from the farm tax deferral in accordance with the provisions of ORS 215.236.
Final approval cannot be granted without evidence that the lot or parcel has been disqualified for valuation at true cash value for farm use under ORS 308.370.
.14 Construction or placement of a dwelling or mobile home necessary for and accessory to farm use on a contiguous ownership smaller than 19 acres upon a finding that all of the following criteria are satisfied:
A. The parcel will support accepted farm practices as defined by ORS 215.203 by showing that (1) the parcel will be used in conjunction with other farmland in the area to contribute to a continuation of the existing commercial agriculture, or (2) the ownership will be used for an alternative commercial farm use of greater intensity (such as a nursery), and that such a use will be consistent with the continuation of existing commercial agriculture or forestry in the area; and
B. The dwelling is located in such a way that it does not reduce the existing or potential productivity of the parcel; and
C. The addition and location of new structures and improvements, including dwellings, fences, roads utilities, wells, etc., will not impose limitations on existing commercial farm and forest practices in the area; and
D. The construction or placement of the dwelling is in conformity with the State Legislatures Agricultural Land Use Policy as set forth in ORS 215.243, which declares that: "The preservation of a maximum amount of the limited supply of agricultural land...in large blocks is necessary in maintaining the agricultural economy of the state...", and
E, The dwellings to be used in conjunction with an existing commercial farm use on the parcel.
F. A farm management plan may be required to assure compliance with the criteria established by 404.14.
.15 Signs subject to Chapter 1300.
405 All Conditional Uses Permitted in the FA-19 Zone Shall Meet the Following Requirements:
.1 The use will not significantly increase the cost, nor interfere with accepted forest management practices or farm uses on adjacent or nearby lands devoted to forest or farm use.
.2 The use will be limited to a site no larger than necessary to accommodate the activity and, as such will not materially alter the stability of the overall land use pattern of the area or substantially limit or impair the permitted uses of surrounding properties. If necessary, measures will be taken to minimize potential negative effects on adjacent forest lands.
.3 The use does not constitute an unnecessary fire hazard, and provides for fire safety measures in planning, design, construction, and operation.
.4 Public utilities are to develop or utilize rights-of-way that have the least adverse impact on forest resources. Existing rights-of-way are to be utilized wherever possible.
.5 Road Standards shall be limited to the minimum width necessary for management and safety.
.6 Development within major and peripheral big game range shall be consistent with the maintenance of big game habitat. In making this determination, consideration shall be given to the cumulative effects of the proposed action and other development in area on big game habitat. Where such a finding is made, development shall be sited to minimize the impact on big game habitat. To minimize the impact, structures shall: be located near existing roads; be as close as possible to existing structures on adjoining lots; and be clustered where several structures are proposed.
406 All dwelling units, including mobile homes, shall meet the following additional requirements:
.1 That on forest land, provision has been made for fire safety measures in accordance with the guide published by the Northwest Interagency Fire Prevention Group entitled, "Fire Safety Considerations for Development in Forest Areas".
.2 That responsibility for protection from wildlife damage on the property be assumed by the dwellings owner or occupant.
.3 That the use does not impose any limitation on the operation of a primary wood processing facility.
.4 That a farm or forest management impact statement may be required that shows the relationship between the proposed residential use and surrounding resource uses, including setbacks for any dwellings from forest or farm uses to assure that the above conditions are met.
407 Standards - In a FA-19 zone, the following standards shall apply:
.1 The minimum lot size for all permitted and conditional uses, except farm or forest uses, shall be 20,000 square feet. the minimum lot size for farm or forest uses shall be 19 acres except as provided in Section 409 below.
.2 The minimum lot depth for all uses except farm or forest uses shall be 100 feet.
.4 No structure shall be constructed closer than 30 feet to a property line.
.5 The maximum building height for all non-farm structures shall be 35 feet.
408 Homestead Lot: The purpose of this section is to encourage the retention of farm and forest land in large blocks, while providing the opportunity for residents who are no longer able, or who no longer desire, to manage farm and forest land to retain their homes and sell the balance of the property. The Planning Director may approve a lot division for a principal dwelling existing on the effective date of this ordinance, and this lot shall be permitted as a non-farm use, provided that all of the following criteria are satisfied:
.1 The property is 19 acres or larger prior to the creation of the homestead lot.
.2 The lot created to accommodate the dwelling shall include no more than 2 acres of land, unless soil conditions, topography, or other unique circumstances require a greater land area and such lot shall not be divided further.
.3 The remainder of the property shall not be partitioned further under this provision.
.4 A lot created under this provision shall be partitioned in accordance with the requirements of the County Subdivision and Partitioning Ordinance.
.5 Documents recorded to carry out a partition approved under this provision shall include a statement that such lots are for "Homestead Purposes" and are subject to the restrictions imposed herein.
.6 The dwelling meets the standards for residential structures set forth in ORS 215.283 (3).
409 Partitions:
.1 Any proposed division of land that results in the creation of a parcel smaller than 19 acres shall be reviewed according to the procedures established by Section 1504 of this ordinance. If the parcels created are not smaller than the 19 acres minimum, the proposed division shall be reviewed in accordance with the County Subdivision and Partitioning Ordinance.
.2 The proponent of a partition request for the creation of a parcel or parcels smaller than the prescribed minimum must demonstrate that the parcel is for non-farm./non-forest uses reviewed and approved under Subsection 404.13 or that all the following criteria are satisfied:
A. Any newly created parcels will support accepted farm or forest practices by showing (1) that the parcel will be used in conjunction with other land in the area to contribute to the continuation of the existing commercial forestry/agricultural enterprises in the area; or (2) the parcel will be used for an alternative commercial farm or forest use of greater intensity, and that such use will be consistent with the continuation of existing commercial agriculture or forestry in the area; and (3) the proposed parcels are large enough to enable the proposed agricultural or forestry use to be practiced as it is on similar commercial enterprises in the region; and
B. The parcelization will not reduce the existing or potential forest/agricultural productivity of the subject property;
C. The addition and location of new structures and improvements, including houses, fences, roads utilities, wells, etc., will no impose limitations on existing farm practices in the area; and
D. The parcelization is in conformity with the State Legislatures Agricultural Land Use Policy as set forth in ORS 215.243 which declares that "The preservation of a maximum amount of the limited supply of agricultural land...in large blocks is necessary in maintaining the agricultural economy of the State..."
.3 Procedures for approving partition requests shall be as provided in the County Subdivision Ordinance.
410 Re-establishment of Non-farm or Non-forest Use: A non-farm or non-forest use that is unintentionally destroyed by fires, other casualty or natural disaster may be reestablished to its previous nature and extent as provided in ORS 215.215 (1), so long as the re-establishment meets all other building, plumbing, sanitation and other codes, ordinances, and permit requirements.
411 Notification of State and Local Agencies: The Columbia County Soil and Water Conservation District shall be notified and requested to comment on all applications filed under Sections 404 and 408 of this ordinance that affect farmland. The appropriate offices of the Oregon Department of Forestry and Fish and Wildlife shall be notified and requested to comment on all applications filed under Sections 404 and 408 of this ordinance that affect forest lands. To be assured consideration, responses should be received within 10 days of the date of mailing.
412 Fire Siting Standards for Dwellings and Roads: The following fire siting standards or their equivalent shall apply to all new dwellings in this zone:
.1 If a water supply is available and suitable for fire protection, such as a swimming pool, pond, stream or lake, the road access to within 15 feet of the waters edge shall be provided for pumping units. The road access shall accommodate the turnaround of fire fighting equipment. Permanent signs shall be posted along the access route to indicate the location of the emergency water source.
.2 The owner of the dwelling shall maintain a primary fuel-free break area around all structures, shall clear and maintain a secondary fuel-free break area, and shall maintain adequate access to the dwelling for fire fighting vehicles in accordance with the provisions in "Protecting Your Home From Wildfire" published by the National Fire Protection Association.
.3 All roads in this zone, except private roads and bridges for commercial forest uses, shall be constructed so as to provide adequate access for fire fighting equipment, according to the standards provided by the local rural fire protection district or State Department of Forestry.
Section 500 PRIMARY FOREST - 76
501 Purpose: The purpose of this zone is to retain forest land for forest use and to encourage the management of forest land for the growing, harvesting, and processing of forest crops consistent with the Oregon Forest Practices Act. And to provide for other forest uses including watershed protection, soil protection, maintenance of clean air and water, wildlife and fisheries habitat, outdoor recreation activities, open space and scenic preservation, and agricultural activities free from the encroachment of conflicting non-forest uses and influences.
.1 Uses related to and in support of forest operations;
.2 Uses to conserve soil, air and water quality and to provide for fish and wildlife resources, agriculture an recreational opportunities appropriate in a forest environment;
.3 Locationally dependent uses, such as communication towers, mineral aggregate resources; etc.
.4 Forest management dwellings provided for an OAR 660-06-027; and
.5 Other dwellings under prescribed conditions.
502 Permitted Uses:
.1 Commercial forest management consistent with the intent and purposes of the Oregon Forest Practices Act.
.2 Fish and wildlife management.
.3 Structures and facilities necessary for and accessory to commercial forest management and fish and wildlife management. The uses served by such structures and facilities may include, but are not limited to: administration, equipment storage and maintenance, communications, fire protection, fish rearing, and residences for property owners, employers or full-time employees directly accessory to and required for commercial forest management or fish and wildlife management. A management plan approved by the Planning Director is required before a building permit is issued to assure that structures and facilities are consistent with the requirement of this ordinance. The management plan shall contain the information required by Section 402.3 of this ordinance, and it shall be reviewed under the procedures set forth in Section 1601 of this ordinance.
.4 Repealed, 07/01/85
.5 Primary wood processing facilities. Such facilities include, but are not limited to: pole and piling preparation, small portable saw mills, log sorting yards, wood chipping operations, fence post manufacturing, and fire wood production.
.6 Facilities and test sites for experimental and research activities associated with the propagation, management, or harvesting of forest tree species.
.7 Forest tree nurseries and accessory facilities.
.8 Rock quarries, including the crushing, screening, and stockpiling of materials, when the rock is used for a commercial forest operation or when an operating permit and reclamation are not required by state law (ORS 517.790). Commercial forest operations include construction, reconstruction, or maintenance of forest access roads, or supporting forest management activities such as riprapping, bridge wing wall diversions, culvert bedding, and other similar activities located on forest lands and conducted for the purpose of forest management.
.9 Helipad and balloon bedding areas necessary to commercial forest management.
.10 Farm use as defined by ORS 215.203 (2).
.11 Rehabilitation, replacement, repair, and minor improvement of existing park structures and facilities.
503 Conditional Uses: In the PF Zone the following conditional uses and their accessory uses are permitted subject to the provisions of Section 504 and 505. A conditional use shall be reviewed according to the procedures provided in Section 1503.
.1 Wood processing facilities other than primary processing.
.2 Operations conducted for the exploration, mining, and processing of geothermal, aggregate, and other mineral or subsurface resources not permitted outright.
.3 Parks, campgrounds, hunting and fishing reserves, and other recreational uses that require roads or structures.
.4 Small scale solid waste disposal sites or transfer stations not to exceed 20 acres.
.5 Water impoundments of not greater than 1000 acre feet.
.6 Utility facilities, including utility corridors for electrical transmission lines of up to 115 KVs, and small electrical generation facilities.
.7 Radio or television stations, transmitters or towers, except those installations used for the purpose of commercial forest management which are allowed outright.
.8 Airplane landings strips and accessory facilities in conjunction with forest use.
.9 A nonresource-related single-family residential structure.
.10 Storage of construction equipment and materials, including a structure to be used for this purpose.
.11 Home occupation.
.12 Signs subject to Section 1300.
504 All Conditional Uses Permitted in the PF-76 Zone Shall Meet the Following Requirements:
.1 The use is consistent with forest and farm uses and with the intent and purposes set forth in the Oregon Forest Practices Act.
.2 The use will not significantly increase the cost, nor interfere with accepted forest management practices or farm uses on adjacent or nearby lands devoted to forest or farm use.
.3 The use will be limited to a site no larger than necessary to accommodate the activity and as such will not materially alter the stability of the overall land use pattern of the area or substantially limit or impair the permitted uses of surrounding properties. If necessary, measures will be taken to minimize potential negative effects on adjacent forest lands.
.4 The use does not constitute and unnecessary fire hazard, and provides for fire safety measures in planning, design, construction, and operation.
.5 Public utilities are to develop or utilize rights-of-way that have the least adverse impact on forest resources. Existing rights-of-way are to be utilized wherever possible.
.6 Development within major and peripheral big game ranges shall be sited to minimize the impact on big game habitat.
To minimize the impact, sutuctures shall: be located near existing roads; be as close as possible to existing structures on adjoining lots; and be clustered where several structures are proposed.
505 Residential Structures Shall meet the following Additional Requirements:
.1 Nonresource-related structures provided by Section 503.9 shall be placed only on land that is generally unsuitable for commercial forestry or agriculture taking into consideration the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract.
.2 Provision has been made for fire safety measures in accordance with the guide published by the Northwest Inter-Agency Fire Prevention Group entitled, "Fire Safety Considerations for Development in Forest Areas".
.3 Responsibility for protection from wildlife damage on the property shall be assumed by the dwellings owner or occupant.
.4 The use does not impose any limitation on the operation of a primary wood-processing facility.
.5 A forest management impact statement may be required that shows the relationship between the proposed residential use and surrounding resource uses, including setbacks for any dwellings from forest or farm uses to assure that the above conditions are met.
506 Standards:
.1 The minimum lot size for new land divisions shall be 76 acres. New land divisions of less than 76 acres shall be allowed only for uses permitted under Sections 502.5 through 502.9, 503.1 through 503.8, and 503.10. New land divisions for the uses permitted under these sections shall be limited to the minimum size necessary to accommodate the proposed use.
.2 The minimum lot width and minimum lot depth shall be 100 feet:
.3 The minimum front yard, minimum rear yard, and the minimum rear yard, and minimum side yards shall all be 50 feet.
.4 There shall be no height limitations on buildings.
507 Homestead Lot: The purpose of this section is to encourage the retention of forest land in large blocks, while providing the opportunity for residents who are no longer able, or who no longer desire, to manage forest lands to retain their homes and sell the balance of the property. The Planning Director may approve a lot division for a principal dwelling existing on the effective date of this ordinance, and this lot shall be \permitted as a non-farm or non-forest use, provided that all of the following criteria are satisfied:
.1 The property is 76 acres or larger prior to the creation of the homestead lot.
.2 The lot created to accommodate the dwelling shall include no more than 2 acres of land, unless soil conditions, topography, or other unique circumstances require a greater land area and such lot shall not be divided further.
.3 The remainder of the property shall not be partitioned further under this provision.
.4 A lot created under this provision shall be partitioned in accordance with the requirements of the County Subdivision and Partitioning Ordinance.
.5 Documents recorded to carry out a partition approved under this provision shall include a statement that such lots are for "Homestead Purposes" and are subject to the restrictions imposed herein.
.6 The dwelling meets the standards for residential structures set forth in Section 504.1, 504.2, 504.3, 504.6 and 505.1 of this ordinance.
508 Reestablishment of Non-Forest Use: A non-forest use that is unintentionally destroyed by fire, other casualty, or natural disaster may be reestablished to its previous nature and extent, so long as the reestablishment meets all other building, plumbing, sanitation and other codes, ordinances, or permit requirements, and is in the same location.
509 Notification of State Agencies: The Oregon Department of Forestrys Columbia Unit Office and the Oregon Department of Fish and Wildlifes Forest Grove Office shall be notified and requested to comment on all conditional use requests filed under Section 503 of this section and all building or placement permit applications filed under subsections 502.3, 502.5, 502.6, 502.7, 502.8 and 502.10 of this section. Responses should be received within 10 days of the date of mailing to be assured consideration.
510 Fire Siting Standards for Dwellings and Roads:
The following fire siting standards or their equivalent shall apply to new dwellings in this zone:
.1 If a water supply is available and suitable for fire protection, such as a swimming pool, pond, stream, or lake, then road access to within 15 feet of the waters edge shall be provided for pumping units. The road access shall accommodate the turnaround of fire fighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source.
.2 The owner of the dwelling shall maintain a primary fuel-free break area around all structures, shall clear and maintain a secondary fuel-free break area, and shall maintain adequate access to the dwelling for fire fighting vehicles in accordance with provisions in "Protecting Your Home From Wildfire" published by the National Fire Protection Association.
.3 All roads in this zone, except private roads and bridges for commercial forest uses, shall be constructed so as to provide adequate access for fire fighting equipment, according to the standards provided by the local rural fire protection district or State Department of Forestry.