ORS 215.236
Nonfarm dwelling in exclusive farm use zone

  • qualification for special assessment

(1)

As used in this section, “dwelling” means a single-family residential dwelling not provided in conjunction with farm use.

(2)

The governing body or its designee may not grant final approval of an application made under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (3) or 215.284 (Dwelling not in conjunction with farm use) (1), (2), (3), (4) or (7) for the establishment of a dwelling on a lot or parcel in an exclusive farm use zone that is, or has been, receiving special assessment without evidence that the lot or parcel upon which the dwelling is proposed has been disqualified for special assessment at value for farm use under ORS 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland) or other special assessment under ORS 308A.315 (Determination of maximum assessed value and assessed value of open space lands), 321.257 (Definitions for ORS 321.257 to 321.390) to 321.390 (Land used to grow certain hardwood to be assessed as farm use land), 321.700 (Definitions for ORS 321.700 to 321.754) to 321.754 (Eastern Oregon Timber Severance Tax Fund) or 321.805 (Definitions for ORS 321.805 to 321.855) to 321.855 (Land used to grow certain hardwood to be assessed as farm use land) and any additional tax imposed as the result of disqualification has been paid.

(3)

The governing body or its designee may grant tentative approval of an application made under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (3) or 215.284 (Dwelling not in conjunction with farm use) (1), (2), (3), (4) or (7) for the establishment of a dwelling on a lot or parcel in an exclusive farm use zone that is specially assessed at value for farm use under ORS 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland) upon making the findings required by ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (3) or 215.284 (Dwelling not in conjunction with farm use) (1), (2), (3), (4) or (7). An application for the establishment of a dwelling that has been tentatively approved shall be given final approval by the governing body or its designee upon receipt of evidence that the lot or parcel upon which establishment of the dwelling is proposed has been disqualified for special assessment at value for farm use under ORS 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland) or other special assessment under ORS 308A.315 (Determination of maximum assessed value and assessed value of open space lands), 321.257 (Definitions for ORS 321.257 to 321.390) to 321.390 (Land used to grow certain hardwood to be assessed as farm use land), 321.700 (Definitions for ORS 321.700 to 321.754) to 321.754 (Eastern Oregon Timber Severance Tax Fund) or 321.805 (Definitions for ORS 321.805 to 321.855) to 321.855 (Land used to grow certain hardwood to be assessed as farm use land) and any additional tax imposed as the result of disqualification has been paid.

(4)

The owner of a lot or parcel upon which the establishment of a dwelling has been tentatively approved as provided by subsection (3) of this section shall, before final approval, simultaneously:

(a)

Notify the county assessor that the lot or parcel is no longer being used as farmland or for other specially assessed uses described in subsection (2) or (3) of this section;

(b)

Request that the county assessor disqualify the lot or parcel from special assessment under ORS 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland), 308A.315 (Determination of maximum assessed value and assessed value of open space lands), 321.257 (Definitions for ORS 321.257 to 321.390) to 321.390 (Land used to grow certain hardwood to be assessed as farm use land), 321.700 (Definitions for ORS 321.700 to 321.754) to 321.754 (Eastern Oregon Timber Severance Tax Fund) or 321.805 (Definitions for ORS 321.805 to 321.855) to 321.855 (Land used to grow certain hardwood to be assessed as farm use land); and

(c)

Pay any additional tax imposed upon disqualification from special assessment.

(5)

Except as provided in subsection (6) of this section, a lot or parcel that has been disqualified pursuant to subsection (4) of this section may not requalify for special assessment unless, when combined with another contiguous lot or parcel, it constitutes a qualifying parcel.

(6)

Intentionally left blank —Ed.

(a)

A lot or parcel that has been disqualified pursuant to subsection (4) of this section may requalify for wildlife habitat special assessment under ORS 308A.403 (Legislative intent) to 308A.430 (Disqualification from special assessment) or conservation easement special assessment under ORS 308A.450 (Definitions for ORS 308A.450 to 308A.465) to 308A.465 (Inspection by holder) without satisfying the requirements of subsection (5) of this section.

(b)

Upon disqualification from wildlife habitat special assessment under ORS 308A.430 (Disqualification from special assessment) or disqualification from conservation easement special assessment under ORS 308A.465 (Inspection by holder), the lot or parcel shall be subject to the requirements of subsection (5) of this section.

(7)

When the owner of a lot or parcel upon which the establishment of a dwelling has been tentatively approved notifies the county assessor that the lot or parcel is no longer being used as farmland and requests disqualification of the lot or parcel for special assessment at value for farm use, the county assessor shall:

(a)

Disqualify the lot or parcel for special assessment at value for farm use under ORS 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland) or other special assessment by removing the special assessment;

(b)

Provide the owner of the lot or parcel with written notice of the disqualification; and

(c)

Impose the additional tax, if any, provided by statute upon disqualification.

(8)

The Department of Consumer and Business Services, a building official, as defined in ORS 455.715 (Definitions for ORS 455.715 to 455.740) (1), or any other agency or official responsible for the administration and enforcement of the state building code, as defined in ORS 455.010 (Definitions for ORS chapter 455), may not issue a building permit for the construction of a dwelling on a lot or parcel in an exclusive farm use zone without evidence that the owner of the lot or parcel upon which the dwelling is proposed to be constructed has paid the additional tax, if any, imposed by the county assessor under subsection (7)(c) of this section. [1981 c.748 §46; 1983 c.462 §14; 1983 c.570 §6; 1983 c.826 §23; 1985 c.717 §6; 1985 c.811 §6; 1987 c.305 §5; 1987 c.414 §147; 1991 c.459 §346; 1993 c.792 §27; 1993 c.801 §36a; 1999 c.314 §58; 2001 c.704 §7; 2003 c.454 §85; 2003 c.539 §19; 2003 c.621 §68; 2007 c.809 §13]

Source: Section 215.236 — Nonfarm dwelling in exclusive farm use zone; qualification for special assessment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

215.010
Definitions
215.020
Authority to establish county planning commissions
215.030
Membership of planning commission
215.042
Planning director
215.044
Solar access ordinances
215.047
Effect of comprehensive plan and land use regulations on solar access ordinances
215.050
Comprehensive planning, zoning and subdivision ordinances
215.060
Procedure for action on plan
215.080
Power to enter upon land
215.090
Information made available to commission
215.100
Cooperation with other agencies
215.110
Recommendations for implementation of comprehensive plan
215.130
Application of ordinances and comprehensive plan
215.135
Expansion of nonconforming school in exclusive farm use zone
215.170
Authority of cities in unincorporated area
215.185
Remedies for unlawful structures or land use
215.190
Violation of ordinances or regulations
215.203
Zoning ordinances establishing exclusive farm use zones
215.209
Department of Land Conservation and Development database
215.211
Agricultural land
215.212
Soils Assessment Fund
215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993
215.215
Reestablishment of nonfarm use
215.218
Certain private hunting preserves not subject to land use approval
215.223
Procedure for adopting zoning ordinances
215.233
Validity of ordinances and development patterns adopted before September 2, 1963
215.236
Nonfarm dwelling in exclusive farm use zone
215.237
Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone
215.238
Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity
215.239
Siting of agri-tourism event or activity
215.243
Agricultural land use policy
215.246
Approval of land application of certain substances
215.247
Transport of biosolids to tract of land for application
215.249
Division of land for application of biosolids
215.251
Relationship to other farm uses
215.253
Restrictive local ordinances affecting farm use zones prohibited
215.255
Farm product processing facility
215.262
Legislative findings related to nonfarm dwellings
215.263
Land divisions in exclusive farm use zones
215.265
Land divisions
215.273
Applicability to thermal energy power plant siting determinations
215.274
Associated transmission lines necessary for public service
215.275
Utility facilities necessary for public service
215.276
Required consultation for transmission lines to be located on high-value farmland
215.277
Farmworker housing
215.278
Accessory dwellings for farmworkers
215.279
Farm income standard for dwelling in conjunction with farm use
215.281
Legislative findings related to dwellings in conjunction with commercial dairy farm
215.282
Dwellings in conjunction with commercial dairy farm
215.283
Uses permitted in exclusive farm use zones in nonmarginal lands counties
215.284
Dwelling not in conjunction with farm use
215.291
Alteration, restoration or replacement of lawfully established dwelling
215.293
Dwelling in exclusive farm use or forest zone
215.294
Railroad facilities handling materials regulated under ORS chapter 459 or 466
215.296
Standards for approval of certain uses in exclusive farm use zones
215.297
Verifying continuity for approval of certain uses in exclusive farm use zones
215.298
Mining in exclusive farm use zone
215.299
Policy on mining resource lands
215.301
Blending materials for cement prohibited near vineyards
215.304
Rule adoption
215.306
Conducting filming activities in exclusive farm use zones
215.311
Log truck parking in exclusive farm use zones
215.312
Public safety training facility
215.316
Termination of adoption of marginal lands
215.317
Permitted uses on marginal land
215.327
Divisions of marginal land
215.401
Preapplication process for land use approval of disposal site for composting
215.402
Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780
215.406
Planning and zoning hearings officers
215.412
Adoption of hearing procedure and rules
215.416
Permit application
215.417
Time to act under certain approved permits
215.418
Approval of development on wetlands
215.422
Review of decision of hearings officer or other authority
215.425
Review of decision relating to aggregate resources
215.427
Final action on permit or zone change application
215.429
Mandamus proceeding when county fails to take final action on land use application within specified time
215.431
Plan amendments
215.433
Supplemental application for remaining permitted uses following denial of initial application
215.435
Deadline for final action by county on remand of land use decision
215.437
Mandamus proceeding when county fails to take final action within specified time on remand of land use decision
215.438
Transmission towers
215.439
Solar energy systems in residential or commercial zones
215.441
Use of real property for religious activity
215.445
Use of private property for mobile medical clinic
215.446
Renewable energy facility
215.447
Photovoltaic solar power generation facilities on high-value farmland
215.448
Home occupations
215.449
Farm brewery
215.451
Cider business
215.452
Winery
215.453
Large winery
215.454
Lawful continuation of certain winery-related uses or structures
215.455
Effect of approval of winery on land use laws
215.456
Siting winery as commercial activity in exclusive farm use zone
215.457
Youth camps allowed in forest zones and mixed farm and forest zones
215.459
Private campground in forest zones and mixed farm and forest zones
215.461
Guest ranch
215.462
Limitations on guest ranch
215.495
Accessory dwelling units in rural residential zones
215.501
Conversion of historic homes to accessory dwelling units in rural residential zones
215.503
Legislative act by ordinance
215.513
Forwarding of notice to property purchaser
215.605
Counties authorized to adopt housing codes
215.606
Standards for clustered mailboxes in county roads and rights-of-way
215.615
Application and contents of housing ordinances
215.700
Resource land dwelling policy
215.705
Dwellings in farm or forest zone
215.710
High-value farmland description for ORS 215.705
215.720
Criteria for forestland dwelling under ORS 215.705
215.730
Additional criteria for forestland dwelling under ORS 215.705
215.740
Large tract forestland dwelling
215.750
Alternative forestland dwelling
215.755
Other forestland dwellings
215.757
Accessory dwellings supporting family forestry
215.760
Agricultural buildings on land zoned for forest use or mixed farm and forest use
215.780
Minimum lot or parcel sizes
215.783
Land division to preserve open space or park
215.785
Exception to minimum lot or parcel sizes
215.788
Legislative review of lands zoned for farm and forest use
215.791
Review of nonresource lands for ecological significance
215.794
Review of county rezoning designations
215.799
Location of dwellings on wildlife habitat land
Green check means up to date. Up to date