Standards for approval of certain uses in exclusive farm use zones
- violation of standards
- complaint
- penalties
- exceptions to standards
Source:
Section 215.296 — Standards for approval of certain uses in exclusive farm use zones; violation of standards; complaint; penalties; exceptions to standards, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html.
Notes of Decisions
Consideration of impact of proposed use on surrounding lands includes expected resulting increase in area traffic. Zippel v. Josephine County, 128 Or App 458, 876 P2d 854 (1994), Sup Ct review denied
Increased farming cost attributable to construction of development was not separate and distinct from increased farming costs attributable to development use. Von Lubken v. Hood River County, 133 Or App 286, 891 P2d 5 (1995)
Where later decision would be required to allow prospective use, initial use decision need not include findings regarding impact of prospective use. Mission Bottom Assn., Inc. v. Marion County, 145 Or App 486, 930 P2d 897 (1996)
Where condition of permit to expand landfill includes requirement to install fencing between landfill and neighboring farm, fencing requirement is “clear and objective,” as used in this section, even though requirement does not specify required height or location of fencing. Stop the Dump Coalition v. Yamhill County, 284 Or App 470, 391 P3d 932 (2017), rev’d in part on other grounds 364 Or 432, 435 P3d 698 (2019)
Farm impacts test focuses on impending changes to gross supply of agricultural land and requires applicant to prove that proposed nonfarm use will both: (1) not force significant change in accepted farm practice, and (2) will not significantly increase the cost of that practice. Stop the Dump Coalition v. Yamhill County, 364 Or 432, 435 P3d 698 (2019)
As used in “significant change” in farm practice and “significantly increased cost” of farm practice standard, “significant” means important or influential and test applies practice by practice and farm by farm. Stop the Dump Coalition v. Yamhill County, 364 Or 432, 435 P3d 698 (2019)
When land use was approved before land was rezoned for exclusive farm use, landowner’s subsequent application for minor modification within scope of originally approved use does not subject use to farm impacts test because this section does not apply retroactively. Waste Not of Yamhill County v. Yamhill County, 305 Or App 436, 471 P3d 769 (2020)
Law Review Citations
36 WLR 441 (2000)
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