D. For the purposes of DCC 18.16.037, “livestock” means cattle, sheep, horses, and bison. E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or parcel that separates a guest ranch from the dwelling of the person conducting the livestock operation shall not be allowed. F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest ranch shall not be allowed.
HISTORY Adopted by Ord. 98-056 §1 on 9/23/1998 Amended by Ord. 2001-043 §1 on 12/5/2001 Amended by Ord. 2009-014 §1 on 6/22/2009
Repealed & Reenacted by Ord. 2010-022 §2 on 7/19/2010 Repealed & Reenacted by Ord. 2012-007 §2 on 5/2/2012 Repealed & Reenacted by Ord. 2018-006 §5 on 11/20/2018 Repealed & Reenacted by Ord. 2021-007 §2 on 7/9/2021 18.16.038 Special Conditions For Certain Uses Listed Under DCC 18.16.025
A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that must be sited in an agricultural zone in order for service to be provided. To demonstrate that a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and that the facility must be sited in an exclusive farm use zone due to one or more of the following factors: 1. Technical and engineering feasibility; 2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; 3. Lack of available urban and nonresource lands; 4. Availability of existing rights of way; 5. Public health and safety; and 6. Other requirements of state and federal agencies. 7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities that are not substantially similar. 8.The owner of a utility facility approved under this section shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration. 9.In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060. 10.The provisions above do not apply to interstate gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.
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