Moore v. Coos County

Petitioners Black (petitioners) and Coos County seek review of LUBA’s remand of the county’s approval of petitioners’ application for a nonfarm dwelling in an exclusive farm use (EFU) zone. We reverse.

The county based its approval on two alternative grounds: That the dwelling qualified as a nonconforming use under the applicable provision of the county zoning ordinance, and that it would be situated on a one-acre parcel that is “generally unsuitable for the production of farm crops and livestock.” The nonconforming use determination was premised on the fact that, beginning before the time of…