Friends of Yamhill County v. Yamhill County

"[A] 'dwelling' or 'residence' requires use as a home. A home is occupied by a group of people sharing a household - not by individuals and groups who share no social or legal relationship - on a long-term or permanent basis - not in a transitory way." 1000 Friends of Oregon v. Clackamas County, 309 Or App 499 at 453, 483 P3d 706,rev den, 368 Or 347 (2021).

Petitioner sought judicial review of an order by the Land Use Board of Appeals (LUBA) that affirmed Yamhill County's grant of a conditional use permit (CUP) to Respondent Grange Hill LLC to establish a bed and breakfast inn as a 'home occupation' in a structure to be constructed on farmland zoned for exclusive farm use (EFU).  Petitioner argued that LUBA erred in its judgement because the proposed bed & breakfast inn was not a 'dwelling' as defined under ORS chapter 215.448(3) and the Yamhill County Zoning Ordinance (YCZO) 1004, and therefore prohibited in an EFU zone.  "[A] 'dwelling' or 'residence' requires use as a home.  A home is occupied by a group of people sharing a household - not by individuals and groups who share no social or legal relationship - on a long-term or permanent basis - not in a transitory way." 1000 Friends of Oregon v. Clackamas County, 309 Or App 499 at 453, 483 P3d 706, rev den, 368 Or 347 (2021).  The Court found the bed and breakfast inn was not a 'dwelling' as defined by ORS Chapter 215 and the YCZO, and therefore, a 'home occupation' was prohibited.  The Court reasoned that even if the proposed inn provided a resident suite for an innkeeper, the overall design could best be categorized as providing transient accommodations rather than a dwelling which requires single family occupancy under  the YCZO 202.  Further, the Court rejected LUBA's interpretation that the YCZO permits a dwelling to include temporary lodging as an erroneous reading of the code's plain text and ORS statutory requirements. REVERSED.