Oregon Statutes 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.
Terms Used In Oregon Statutes 215.454
- Farm use: has the meaning given that term in ORS § 215. See Oregon Statutes 215.010
- Tract: means one or more contiguous lots or parcels under the same ownership. See Oregon Statutes 215.010
(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]
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.