Title 215 · ORS Chapter 215

(3); and

Citation: ORS 469A.052

Section: 469A.052

469A.052 (3); and

�� (e) Does not qualify as high-value farmland under any other provision of law.

�� (3) When evaluating an application to establish a photovoltaic solar power generation facility under this section, a county:

�� (a) Shall apply the criteria and standards applicable to agricultural land adopted under a statewide land use planning goal relating to agricultural lands; and

�� (b) May not apply the criteria and standards applicable to high-value farmland adopted under a statewide land use planning goal relating to agricultural lands.

�� (4) A county is not required to adopt an exception under ORS 197.732 to a statewide land use planning goal relating to agricultural land to authorize the establishment of a photovoltaic solar power generation facility under this section.

�� (5) A photovoltaic solar power generation facility established under this section is a commercial utility facility under ORS 215.213 (2) or 215.283 (2) if the facility generates power for public use by sale. [2017 c.504 �2]

�� 215.448 Home occupations; parking; where allowed; conditions. (1) The governing body of a county or its designate may allow, subject to the approval of the governing body or its designate, the establishment of a home occupation and the parking of vehicles in any zone. However, in an exclusive farm use zone, forest zone or a mixed farm and forest zone that allows residential uses, the following standards apply to the home occupation:

�� (a) It shall be operated by a resident or employee of a resident of the property on which the business is located;

�� (b) It shall employ on the site no more than five full-time or part-time persons;

�� (c) It shall be operated substantially in:

�� (A) The dwelling; or

�� (B) Other buildings normally associated with uses permitted in the zone in which the property is located; and

�� (d) It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.

�� (2) The governing body of the county or its designate may establish additional reasonable conditions of approval for the establishment of a home occupation under subsection (1) of this section.

�� (3) Nothing in this section authorizes the governing body or its designate to permit construction of any structure that would not otherwise be allowed in the zone in which the home occupation is to be established.

�� (4) The existence of home occupations shall not be used as justification for a zone change. [1983 c.743 �2; 1995 c.465 �1]

�� 215.449 Farm brewery; conditions; permissible uses; reporting. (1) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event.

�� (b) �Brewer� means a person who makes malt beverages.

�� (c) �Farm brewery� means a facility, located on or contiguous to a hop farm, used primarily for the commercial production, shipping and distribution, wholesale or retail sales, or tasting of malt beverages made with ingredients grown on the hop farm.

�� (d) �Hop farm� means a tract of land planted with hops.

�� (e) �Malt beverage� has the meaning given that term in ORS 471.001.

�� (f) �On-site retail sale� includes the retail sale of malt beverages in person at the farm brewery site, through a club or over the Internet or telephone.

�� (2)(a) A farm brewery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(bb) and 215.283 (1)(z) or on land zoned for mixed farm and forest use if the farm brewery:

�� (A) Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery�s owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery;

�� (B) Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and

�� (C)(i) Owns an on-site hop farm of at least 15 acres;

�� (ii) Owns a contiguous hop farm of at least 15 acres;

�� (iii) Has a long-term contract for the purchase of all of the hops from at least 15 acres of a hop farm contiguous to the farm brewery; or

�� (iv) Obtains hops from a total of 15 acres from any combination of sources described in sub-subparagraph (i), (ii) or (iii) of this subparagraph.

�� (b) For purposes of this subsection, land planted with other ingredients used in malt beverages produced by the farm brewery counts towards the acreage minimums.

�� (3) In addition to any other activities authorized for a farm brewery, a farm brewery established under this section may:

�� (a) Market malt beverages produced in conjunction with the farm brewery.

�� (b) Conduct operations that are directly related to the sale or marketing of malt beverages produced in conjunction with the farm brewery, including:

�� (A) Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery;

�� (B) Malt beverage club activities;

�� (C) Brewer luncheons and dinners;

�� (D) Farm brewery and hop farm tours;

�� (E) Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members;

�� (F) Farm brewery staff activities;

�� (G) Open house promotions of malt beverages produced in conjunction with the farm brewery; and

�� (H) Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery.

�� (c) Market and sell items directly related to the sale or promotion of malt beverages produced in conjunction with the farm brewery, the marketing and sale of which is incidental to on-site retail sale of malt beverages, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection.

�� (d) Subject to subsections (6) to (9) of this section, carry out agri-tourism or other commercial events on the tract occupied by the farm brewery.

�� (e) Host charitable activities for which the farm brewery does not charge a facility rental fee.

�� (f) Site a bed and breakfast as a home occupation on the same tract as, and in association with, the farm brewery.

�� (4) A farm brewery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (3)(c) of this section. Food and beverage services authorized under subsection (3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

�� (5)(a) The gross income of the farm brewery from the sale of incidental items or services provided pursuant to subsection (3)(c) to (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of malt beverages produced in conjunction with the farm brewery. The gross income of a farm brewery does not include income received by third parties unaffiliated with the farm brewery.

�� (b) At the request of a local government with land use jurisdiction over the site of a farm brewery, the farm brewery shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the farm brewery with this subsection for the previous tax year.

�� (6) Except as provided by subsections (7) and (8) of this section, a farm brewery may carry out agri-tourism or other commercial events described in subsection (3)(d) of this section for up to 18 days per calendar year.

�� (7) A farm brewery in the Willamette Valley may carry out agri-tourism or other commercial events as provided in subsection (6) of this section, provided:

�� (a) Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear license that:

�� (A) Has a term of five years; and

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section.

�� (b) The local government�s decision on a license under paragraph (a) of this subsection is not:

�� (A) A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (c) Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear permit that:

�� (A) Has a term of five years;

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section; and

�� (C) Is subject to notice as specified in ORS 215.416 (11) or 227.175 (10).

�� (d) The local government�s decision on a permit under paragraph (c) of this subsection is:

�� (A) A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (8)(a) A local government with land use jurisdiction over the site of a farm brewery shall ensure that agri-tourism or other commercial events occurring as described in subsection (3)(d) of this section are subordinate to the production and sale of malt beverages and do not create significant adverse impacts to uses on surrounding land.

�� (b) A local government may impose conditions on a license or permit issued pursuant to subsection (7) of this section as necessary to meet the requirements of paragraph (a) of this subsection. The conditions must be related to:

�� (A) The number of event attendees;

�� (B) The hours of event operation;

�� (C) Access and parking;

�� (D) Traffic management;

�� (E) Noise management; and

�� (F) Sanitation and solid waste.

�� (9) A local government may charge a fee for processing a license or permit under subsections (6) and (7) of this section. The fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.

�� (10) When a bed and breakfast facility is sited as a home occupation on the same tract as a farm brewery as described in subsection (3)(f) of this section:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the farm brewery.

�� (11) A farm brewery operating under this section shall provide parking for all activities or uses of the tract on which the farm brewery is situated.

�� (12) A local government with land use jurisdiction over the site of a farm brewery shall ensure that the farm brewery complies with:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations of general applicability for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal relating to open spaces, scenic and historic areas and natural resources.

�� (13)(a) For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, a local government with land use jurisdiction over the site of a farm brewery shall:

�� (A) Except as provided in paragraph (b) of this subsection, establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places; and

�� (B) Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places.

�� (b) A local government may allow a setback of less than 100 feet by granting a farm brewery an adjustment or variance to the requirement described in paragraph (a)(A) of this subsection. [2019 c.244 �2]

�� 215.450 [1955 c.682 �4; repealed by 1971 c.13 �1]

�� 215.451 Cider business; conditions; permissible uses; reporting. (1) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of cider produced in conjunction with the cider business is a secondary purpose of the event.

�� (b)(A) �Cider� means an alcoholic beverage made from the fermentation of the juice of apples or pears.

�� (B) �Cider� includes but is not limited to flavored cider, sparkling cider and carbonated cider.

�� (c) �Cider business� means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.

�� (d) �Cidermaker� means a person who makes cider.

�� (e) �On-site retail sale� includes the retail sale of cider in person at the cider business site, through a cider club or over the Internet or telephone.

�� (f) �Orchard� means a piece of land planted with apple or pear trees.

�� (2) A cider business may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(aa) and 215.283 (1)(y) or on land zoned for mixed farm and forest use if the cider business produces:

�� (a) Less than 100,000 gallons of cider annually and the cider business:

�� (A) Owns an on-site orchard of at least 15 acres;

�� (B) Owns a contiguous orchard of at least 15 acres;

�� (C) Has a long-term contract for the purchase of all of the apples or pears from at least 15 acres of an orchard contiguous to the cider business; or

�� (D) Obtains apples or pears from any combination of subparagraph (A), (B) or (C) of this paragraph; or

�� (b) At least 100,000 gallons of cider annually and the cider business:

�� (A) Owns an on-site orchard of at least 40 acres;

�� (B) Owns a contiguous orchard of at least 40 acres;

�� (C) Has a long-term contract for the purchase of all of the apples or pears from at least 40 acres of an orchard contiguous to the cider business;

�� (D) Owns an on-site orchard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards in Oregon that are located within 15 miles of the cider business site; or

�� (E) Obtains apples or pears from any combination of subparagraph (A), (B), (C) or (D) of this paragraph.

�� (3) In addition to any other activities authorized for a cider business, a cider business established under this section may:

�� (a) Market cider produced in conjunction with the cider business.

�� (b) Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including:

�� (A) Cider tastings in a tasting room or other location on the premises occupied by the cider business;

�� (B) Cider club activities;

�� (C) Cidermaker luncheons and dinners;

�� (D) Cider business and orchard tours;

�� (E) Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members;

�� (F) Cider business staff activities;

�� (G) Open house promotions of cider produced in conjunction with the cider business; and

�� (H) Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business.

�� (c) Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which is incidental to on-site retail sale of cider, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of cider on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection.

�� (d) Subject to subsections (6) to (9) of this section, carry out agri-tourism or other commercial events on the tract occupied by the cider business.

�� (e) Host charitable activities for which the cider business does not charge a facility rental fee.

�� (f) Site a bed and breakfast as a home occupation on the same tract, and in association with, the cider business.

�� (4) A cider business may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (3)(c) of this section. Food and beverage services authorized under subsection (3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

�� (5)(a) The gross income of the cider business from the sale of incidental items or services provided pursuant to subsection (3)(c) to (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of cider produced in conjunction with the cider business. The gross income of a cider business does not include income received by third parties unaffiliated with the cider business.

�� (b) At the request of a local government with land use jurisdiction over the site of a cider business, the cider business shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the cider business with this subsection for the previous tax year.

�� (6) Except as provided by subsections (7) and (8) of this section, a cider business may carry out agri-tourism or other commercial events described in subsection (3)(d) of this section for up to 18 days per calendar year.

�� (7) A cider business in the Willamette Valley may carry out agri-tourism or other commercial events as provided in subsection (6) of this section, provided:

�� (a) Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year license that:

�� (A) Has a term of five years; and

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section.

�� (b) The local government�s decision on a license under paragraph (a) of this subsection is not:

�� (A) A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (c) Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year permit that:

�� (A) Has a term of five years;

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section; and

�� (C) Is subject to notice as specified in ORS 215.416 (11) or 227.175 (10).

�� (d) The local government�s decision on a permit under paragraph (c) of this subsection is:

�� (A) A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (8)(a) A local government with land use jurisdiction over the site of a cider business shall ensure that agri-tourism or other commercial events occurring as described in subsection (3)(d) of this section are subordinate to the production and sale of cider and do not create significant adverse impacts to uses on surrounding land.

�� (A) The number of event attendees;

�� (B) The hours of event operation;

�� (C) Access and parking;

�� (D) Traffic management;

�� (E) Noise management; and

�� (F) Sanitation and solid waste.

�� (10) When a bed and breakfast facility is sited as a home occupation on the same tract as a cider business as described in subsection (3)(f) of this section:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the cider business.

�� (11) A cider business operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the cider business is situated.

�� (12) A local government with land use jurisdiction over the site of a cider business shall ensure that the cider business complies with:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations of general applicability for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

�� (A) Except as provided in paragraph (b) of this subsection, establish a setback of at least 100 feet from all property lines for the cider business and all public gathering places; and

�� (B) Require cider businesses to provide direct road access and internal circulation for the cider business and all public gathering places.

�� (b) A local government may allow a setback of less than 100 feet by granting a cider business an adjustment or variance to the requirement described in paragraph (a)(A) of this subsection. [2017 c.253 �2]

�� 215.452 Winery; conditions; permissible uses. (1) A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) and 215.283 (1)(n) or on land zoned for mixed farm and forest use if the winery produces wine with a maximum annual production of:

�� (a) Less than 50,000 gallons and:

�� (A) Owns an on-site vineyard of at least 15 acres;

�� (B) Owns a contiguous vineyard of at least 15 acres;

�� (C) Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or

�� (D) Obtains grapes from any combination of subparagraph (A), (B) or (C) of this paragraph; or

�� (b) At least 50,000 gallons and the winery:

�� (A) Owns an on-site vineyard of at least 40 acres;

�� (B) Owns a contiguous vineyard of at least 40 acres;

�� (C) Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery;

�� (D) Owns an on-site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards in Oregon that are located within 15 miles of the winery site; or

�� (E) Obtains grapes from any combination of subparagraph (A), (B), (C) or (D) of this paragraph.

�� (2) In addition to producing and distributing wine, a winery established under this section may:

�� (a) Market and sell wine produced in conjunction with the winery.

�� (b) Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

�� (A) Wine tastings in a tasting room or other location on the premises occupied by the winery;

�� (B) Wine club activities;

�� (C) Winemaker luncheons and dinners;

�� (D) Winery and vineyard tours;

�� (E) Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

�� (F) Winery staff activities;

�� (G) Open house promotions of wine produced in conjunction with the winery; and

�� (H) Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery.

�� (c) Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on-site retail sale of wine, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection.

�� (d) Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsections (5), (6), (7) and (8) of this section.

�� (e) Host charitable activities for which the winery does not charge a facility rental fee.

�� (3) A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (2)(c) of this section. Food and beverage services authorized under subsection (2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

�� (4) The gross income of the winery from the sale of incidental items or services provided pursuant to subsection (2)(c) to (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this subsection for the previous tax year.

�� (5) A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery.

�� (6) For events described in subsection (5) of this section for a winery in the Willamette Valley:

�� (a) Events on the first six days of the 18-day limit per calendar year must be authorized by the local government through the issuance of a renewable multi-year license that:

�� (A) Has a term of five years; and

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (7) of this section.

�� (b) The local government�s decision on a license under paragraph (a) of this subsection is not:

�� (A) A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (c) Events on days seven through 18 of the 18-day limit per calendar year must be authorized by the local government through the issuance of a renewable multi-year permit that:

�� (A) Has a term of five years;

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (7) of this section; and

�� (C) Is subject to notice as specified in ORS 215.416 (11) or 227.175 (10).

�� (d) The local government�s decision on a permit under paragraph (c) of this subsection is:

�� (A) A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (7) As necessary to ensure that agri-tourism or other commercial events on a tract occupied by a winery are subordinate to the production and sale of wine and do not create significant adverse impacts to uses on surrounding land, the local government may impose conditions on a license or permit issued pursuant to subsection (6) of this section related to:

�� (a) The number of event attendees;

�� (b) The hours of event operation;

�� (c) Access and parking;

�� (d) Traffic management;

�� (e) Noise management; and

�� (f) Sanitation and solid waste.

�� (8) A local government may charge a fee for processing a license or permit under subsections (6) and (7) of this section. A fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.

�� (9) A winery operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

�� (10) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted or that the contract has been executed, as applicable.

�� (11) A local government shall apply the standards described in this subsection. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands:

�� (a) Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and

�� (b) Provision of direct road access and internal circulation.

�� (12) A local government shall apply:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations of general applicability for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

�� (13) When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the winery.

�� (14) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

�� (b) �On-site retail sale� includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [1989 c.525 �4; 1993 c.704 �6; 1997 c.249 �61; 2001 c.613 �20; 2009 c.850 �11; 2010 c.97 ��1,2; 2011 c.679 ��2,3,3a; 2013 c.554 �2]

�� 215.453 Large winery; conditions; permissible uses. (1) A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) or 215.283 (1)(n) or on land zoned for mixed farm and forest use if:

�� (a) The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;

�� (b) The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in paragraph (a) of this subsection; and

�� (c) The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this section.

�� (2) In addition to producing and distributing wine, a winery described in subsection (1) of this section may:

�� (a) Market and sell wine produced in conjunction with the winery;

�� (b) Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

�� (A) Wine tastings in a tasting room or other location on the premises occupied by the winery;

�� (B) Wine club activities;

�� (C) Winemaker luncheons and dinners;

�� (D) Winery and vineyard tours;

�� (E) Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

�� (F) Winery staff activities;

�� (G) Open house promotions of wine produced in conjunction with the winery; and

�� (H) Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery;

�� (c) Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on-site, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection;

�� (d) Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:

�� (A) Are directly related to the sale or promotion of wine produced in conjunction with the winery;

�� (B) Are incidental to the retail sale of wine on-site; and

�� (C) Are limited to 25 days or fewer in a calendar year; and

�� (e) Host charitable activities for which the winery does not charge a facility rental fee.

�� (3)(a) The gross income of the winery from the sale of incidental items pursuant to subsection (2)(c) of this section and services provided pursuant to subsection (2)(d) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery.

�� (b) At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with paragraph (a) of this subsection for the previous tax year.

�� (4) A winery operating under this section:

�� (a) Shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

�� (b) May operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery.

�� (5)(a) A winery shall obtain a permit from the local government if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (2)(d) of this section occurring on more than 25 days in a calendar year.

�� (b) In addition to any other requirements, a local government may approve a permit application under this subsection if the local government finds that the authorized activity:

�� (A) Complies with the standards described in ORS 215.296;

�� (B) Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and

�� (C) Does not materially alter the stability of the land use pattern in the area.

�� (c) If the local government issues a permit under this subsection for agri-tourism or other commercial events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit.

�� (6) A person may not have a substantial ownership interest in more than one winery operating a restaurant under this section.

�� (7) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted.

�� (8) A local government shall require a winery operating under this section to provide for:

�� (a) Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and

�� (b) Direct road access and internal circulation.

�� (9) A local government shall apply:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

�� (10) The local government may authorize a winery described in subsection (1) of this section to sell or deliver items or provide services not described in subsection (2)(c) or (d) or (3) of this section under the criteria for a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a) or under other provisions of law.

�� (11)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before August 2, 2011.

�� (b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before August 2, 2011.

�� (12) When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the winery.

�� (13) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

�� (b) �On-site retail sale� includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [2011 c.679 �5; 2011 c.679 �5a; 2013 c.554 �6]

�� 215.454 Lawful continuation of certain winery-related uses or structures. (1)(a) A use or structure in an area zoned for exclusive farm use that exists on June 28, 2011, may be lawfully continued, altered, restored or replaced pursuant to ORS 215.130 if the use or structure is located on the same tract, as defined in ORS 215.010, as a winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 250,000 gallons of wine in calendar year 2010.

�� (b) This subsection does not affect the lawful continuation, alteration, restoration or expansion of the winery sited on the same tract.

�� (2) A winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 150,000 gallons and not more than 250,000 gallons of wine in calendar year 2010 does not require a permit under ORS 215.213 (2)(c) or 215.283 (2)(a). However, the winery must comply with all provisions of ORS 215.452 except the annual production requirements.

�� (3) A use or structure that is lawfully established at a winery located in an exclusive farm use zone and that exists on August 2, 2011, including events and activities that exceed the income limit imposed by ORS 215.452, may be continued, altered, restored or replaced pursuant to ORS 215.130.

�� (4) Subsection (3) of this section does not affect the lawful continuation, alteration, restoration or replacement of the winery sited on the same tract.

�� (5) A use or structure that is lawfully established at a winery located in an exclusive farm use zone and that exists on June 28, 2013, including events and activities that exceed the income limit imposed by ORS 215.452, may be continued, altered, restored or replaced pursuant to ORS 215.130.

�� (6) Subsection (5) of this section does not affect the lawful continuation, alteration, restoration or replacement of the winery sited on the same tract. [2011 c.567 �6; subsections (3) and (4) of 2013 Edition enacted as 2011 c.679 �6; subsections (5) and (6) of 2013 Edition enacted as 2013 c.554 �5]

�� Note: 215.454 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.455 Effect of approval of winery on land use laws. Any winery approved under ORS 215.213, 215.283,