455.315
Exemption of agricultural buildings, agricultural grading, equine facilities
and dog training facilities.
(1) The provisions of this chapter do not authorize the application of a state
structural specialty code to any agricultural building, agricultural grading,
equine facility or dog training facility.
(2) As used in
this section:
(a)(A) “Agricultural
building” means a structure located on a farm or forest operation and used for:
(i) Storage,
maintenance or repair of farm or forestry machinery and equipment;
(ii) The raising,
harvesting and selling of crops or forest products;
(iii) The
feeding, breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals or honeybees;
(iv) Dairying and
the sale of dairy products; or
(v) Any other
agricultural, forestry or horticultural use or animal husbandry, or any
combination thereof, including the preparation and storage of the produce
raised on the farm for human use and animal use, the preparation and storage of
forest products and the disposal, by marketing or otherwise, of farm produce or
forest products.
(B) “Agricultural
building” does not mean:
(i) A dwelling;
(ii) A structure
used for a purpose other than growing plants in which 10 or more persons are
present at any one time;
(iii) A structure
regulated by the State Fire Marshal pursuant to ORS chapter 476;
(iv) A structure
used by the public; or
(v) A structure
subject to sections 4001 to 4127, title 42, United States Code (the National
Flood Insurance Act of 1968) as amended, and regulations promulgated
thereunder.
(b) “Agricultural
grading” means grading related to a farming practice as defined in ORS 30.930.
(c) “Dog training
facility” means a farm building used for dog training classes or testing trials
permitted under ORS 215.213 (1)(z) or 215.283 (1)(x) in which no more than 10
persons are present at any one time.
(d)(A) “Equine
facility” means a building located on a farm and used by the farm owner or the
public for:
(i) Stabling or
training equines; or
(ii) Riding
lessons and training clinics.
(B) “Equine
facility” does not mean:
(i) A dwelling;
(ii) A structure
in which more than 10 persons are present at any one time;
(iii) A structure
regulated by the State Fire Marshal pursuant to ORS chapter 476; or
(iv) A structure
subject to sections 4001 to 4127, title 42, United States Code (the National
Flood Insurance Act of 1968) as amended, and regulations promulgated
thereunder.
(3)
Notwithstanding the provisions of subsection (1) of this section, incorporated
cities may regulate agricultural buildings, equine facilities and dog training
facilities within their boundaries pursuant to this chapter.
(4) An
agricultural building may be used for uses in addition to the uses listed in
subsection (2)(a)(A) of this section if the additional uses:
(a) Are
incidental and accessory to the uses listed in subsection (2)(a)(A) of this
section;
(b) Are personal
to the farm owner and the farm owner’s immediate family or household; and
(c) Do not pose a
greater hazard to persons or property than the uses listed in subsection
(2)(a)(A) of this section. [Formerly 456.758 and then 456.917; 1995 c.783 §1;
2003 c.74 §1; 2005 c.288 §3; 2013 c.73 §3; 2021 c.120 §1; 2021 c.552 §11]
Notes of Decisions
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
· cites it 15× “ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
· cites it 15× “ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Musser v. Jackson Cnty. (D. Or. 2024).
· cites it 3× “” The Court notes, first, that the Plaintiffs’ Complaint does not mention ORS 455.315 a single time. Nevertheless, even if it □□□□ .”
— Or. Rev. Stat. § 455.315(1) — 2 cases
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
— Or. Rev. Stat. § 455.315(2)(a) — 3 cases
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Musser v. Jackson Cnty. (D. Or. 2024).
“” The Court notes, first, that the Plaintiffs’ Complaint does not mention ORS 455.315 a single time. Nevertheless, even if it □□□□ .”
— Or. Rev. Stat. § 455.315(2)(a)(A) — 2 cases
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
— Or. Rev. Stat. § 455.315(2)(a)(A)(i) — 2 cases
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
— Or. Rev. Stat. § 455.315(2)(a)(B) — 2 cases
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
— Or. Rev. Stat. § 455.315(4) — 2 cases
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
Kupillas v. Sage & Soc. LLC, 337 Or. App. 67 (Or. Ct. App. 2024).
“ORS 455.315. In its 2023 application, intervenor indicated wanting to use the barn to host wed- ding receptions and ceremonies.”
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