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May 10, 2013 1 Volume 7 1 Issue 9 <br />Zoning Bulletin <br />s •:unt <br />us • r=r it II <br />_vt <br />n truct c <br />r•v=s c n itional <br />in ' inery to host <br />rcial kitch-n <br />Conservation appeals permit approval, <br />arguing such activities are not "commercial <br />uses in conjunction with farm use" as <br />required by state statute <br />Citation: Friends of Yamhill County v. Yamhill County, 255 Or. App. <br />636, 2013 WL 1136795 (2013) <br />OREGON (03/19/13)—This case addressed the issue of whether a <br />winery's proposal for a new tasting room and the hosting of up to 44 <br />events per year on property zoned exclusive faint use constituted a <br />"commercial use in conjunction with a farm use," as required in order <br />for the winery to obtain a conditional use permit. <br />The Background/Facts: Stoller Vineyards, Inc. ("Stoller") oper- <br />ated on property consisting of approximately 373 acres and zoned <br />"exclusive farm use" ("EFU"). Over 180 acres of the property was <br />planted in vineyards, with plans to plant 30 to 40 more acres of <br />vineyard. Stoller produced 10,000 to 12,000 cases of wine annually. It <br />also sold an additional 220 tons of fruit annually. <br />In 2001, Yamhill County (the "County") approved Stoller's applica- <br />tion for a winery under the authority of what is now codified as ORS <br />215.283(1)(n) (establishing wineries as a permitted use in EFU zones) <br />and ORS 215.452 (setting forth the requirements for permitted -use <br />wineries in EFU zones). <br />In May 2011, Stoller applied for a conditional -use permit ("CUP") <br />to"constrict a new building that would include a "tasting room, com- <br />mercial kitchen, offices and storage." It also proposed to conduct 44 <br />events per year on the property and requested approval to provide meal <br />service at the events. <br />Subject to various conditions, the County approved Stoller's CUP <br />application under Oregon statutory law, ORS 215.283.2(a). ORS <br />215.283(2)(a) provides that certain specified nonfarm uses may be <br />established, subject to the approval of the governing body in any EFU <br />zone, including: "[c]omrnercial activities that are in conjunction with <br />faim use." <br />Friends of Yamhill County ("Friends") appealed the County's deci- <br />sion to the state Land Use Board of Appeals ("LUBA"). Friends argued <br />8 © 2013 Thomson Reuters <br />