OAR 350-081-0082
Existing Uses and Discontinued Uses

(1)

Right to Continue Existing Uses and Structures

(a)

Except as otherwise provided, any existing use or structure may continue as long as it is used in the same manner and for the same purpose.

(2)

Replacement of Existing Structures Not Damaged or Destroyed by Disaster

(a)

Except as provided in 350-081-0082 (Existing Uses and Discontinued Uses)(3), an existing structure may be replaced if a complete land use application for a replacement structure is submitted to the reviewing agency within one year of the date the use of the original structure was discontinued. The replacement structure shall comply with the following standards:

(A)

The replacement structure shall be used in the same manner and for the same purpose as the original structure.

(B)

The replacement structure may have a different size and/or location than the original structure. An existing mobile home may be replaced with a framed residence and an existing framed residence may be replaced with a mobile home.

(C)

The replacement structure shall be subject to the scenic, cultural, recreation and natural resources guidelines; the treaty rights guidelines; and the land use designations guidelines involving agricultural buffer zones, approval criteria for fire protection, and approval criteria for siting of dwellings on forest land.

(D)

The original structure shall be considered discontinued if a complete land use application for a replacement structure is not submitted within the one year time frame.

(3)

Replacement of Existing Structures Damaged or Destroyed by Disaster

(a)

An existing structure damaged or destroyed by fire, flood, landslide or other similar disaster may be replaced if a complete land use application for a replacement structure is submitted to the reviewing agency within two years of the date the original structure was damaged or destroyed. The replacement structure shall comply with the following standards:

(A)

The replacement structure shall be used in the same manner and for the same purpose as the original structure. An existing mobile home may be replaced with a framed residence.

(B)

The replacement structure shall be in the same location as the original structure. An exception may be granted and the replacement structure may be sited in a different location if the following conditions exist:
(i)
A registered civil engineer, registered geologist, or other qualified and licensed professional hired by the applicant demonstrates the disaster made the original building site physically unsuitable for reconstruction.
(ii)
The new building site is no more visible from key viewing areas than the original building site. An exception may be granted if a registered civil engineer, registered geologist, or other qualified and licensed professional hired by the applicant demonstrates the subject parcel lacks alternative building sites physically suitable for construction that are no more visible from key viewing areas than the original building site.
(iii)
The new building site complies with the cultural resources, natural resources, and treaty rights protection guidelines.

(C)

The replacement structure shall be the same size and height as the original structure, provided:
(i)
The footprint of the replacement structure may be up to 10 percent larger than the footprint of the original structure.
(ii)
The walls of the replacement structure shall be the same height as the walls of the original structure unless a minor increase is required to comply with standards in the current jurisdictional building code.

(D)

The replacement structure shall only be subject to the following scenic resources standards:
(i)
The replacement structure shall comply with the scenic resources guidelines regarding color and reflectivity. These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate or not visually evident) to the maximum extent practicable.
(ii)
Decks, verandas, balconies and other open portions of the original structure shall not be rebuilt as enclosed (walls and roof) portions of the replacement structure.
(iii)
In the General Management Area, the replacement structure shall comply with the scenic resources guidelines regarding landscaping. These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate) to the maximum extent practicable, provided:

(I)

Except as provided in 350-081-0082 (Existing Uses and Discontinued Uses)(3)(a)(D)(iii)(II), the percent of the replacement structure screened by vegetation as seen from key viewing areas shall not exceed the percent of the original structure that was screened by vegetation as seen from key viewing areas. Coniferous vegetation shall be replaced with coniferous vegetation and deciduous vegetation shall be replaced with deciduous vegetation unless the applicant chooses to use all coniferous vegetation.

(II)

In situations where the original structure was approved under Scenic Area regulations (e.g., Final Interim Guidelines, land use ordinance), the percent of the replacement structure screened by vegetation shall comply with any conditions of approval that required a landowner to preserve existing vegetation and/or plant and maintain new vegetation to screen the original structure as seen from key viewing areas.

(III)

To help determine how much vegetation may be required under 350-081-0082 (Existing Uses and Discontinued Uses)(3)(a)(D)(iii)(I) and (II), land use applications shall include all available documentation (photographic or otherwise) on the amount and type of vegetation that screened the original structure from key viewing areas. At a minimum, development review decisions shall include findings that address the following:

(1)

The percent of original structure facing each key viewing area that was screened by coniferous vegetation, for each key viewing area from which the structure was visible.

(2)

The percent of original structure facing each key viewing area that was screened by deciduous vegetation, for each key viewing area from which the structure was visible.

(3)

Elevation drawings showing the replacement structure and the amount of coniferous and deciduous vegetation that would screen the structure from key viewing areas in 10 years.

(IV)

The height of any new trees shall not be required to exceed 5 feet.

(V)

The time frame for achieving visual subordinance shall be 10 years or less from the commencement of construction.
(iv)
In the Special Management Area, the replacement structure shall comply with the scenic resources guidelines regarding landscaping. These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate or not visually evident) to the maximum extent practicable, provided:

(I)

The Scenic Resources Implementation Handbook shall be utilized to determine approvable species and minimum approvable sizes of new trees planted (based on average growth rates expected for approvable species).

(II)

The height of any new trees shall not be required to exceed 5 feet.

(III)

The time frame for achieving the applicable scenic standard (visually subordinate or not visually evident) shall be 10 years.

(E)

The replacement structure shall be subject to 350-081-0082 (Existing Uses and Discontinued Uses)(2)(a)(A), (B), and (C) above if it would not comply with 350-081-0082 (Existing Uses and Discontinued Uses)(3)(a)(B) and (C).

(F)

The original structure shall be considered discontinued if a complete land use application for a replacement structure is not submitted within the two year time frame.

(4)

Changes to Existing Uses and Structures

(a)

Except as otherwise provided, any change to an existing use or modification to the exterior of an existing structure shall be subject to review and approval pursuant to Commission Rule 350-81.

(A)

Conversion of Existing Industrial Uses in the GMA: In the GMA, existing industrial uses may convert to less intensive uses. For this section, a less intensive use is a commercial, recreation, or residential use with fewer adverse effects upon scenic, cultural, natural, and recreation resources.

(B)

Existing Development or Production of Mineral Resources in the GMA: In the GMA, existing development or production of mineral resources may continue unless the Gorge Commission determines that the uses adversely affect the scenic, cultural, natural, or recreation resources of the Scenic Area. These uses will be considered discontinued and subject to land use ordinances under the Management Plan if any of the following conditions exist:
(i)
The mined land has been reclaimed naturally or artificially to a point where it is revegetated to 50 percent of its original cover (considering both basal and canopy) or has reverted to another beneficial use, such as grazing. Mined land shall not include terrain that was merely leveled or cleared of vegetation.
(ii)
The site has not maintained a required state permit.
(iii)
The site has not operated legally within 5 years before October 15, 1991.

(C)

Existing Development or Production of Mineral Resources in the SMA: Uses involving the exploration, development, or production of sand, gravel, or crushed rock in the SMA may continue if both of the following conditions exist:
(i)
The sand, gravel, or crushed rock is used for construction or maintenance of roads used to manage or harvest forest products in the SMA.
(ii)
A determination by the Forest Service finds that the use does not adversely affect the scenic, cultural, natural, or recreation resources.

(5)

Discontinuance of Existing Uses and Structures

(a)

Except as provided in 350-081-0082 (Existing Uses and Discontinued Uses)(3)(a) and (3)(a)(F), any use or structure that is discontinued for one (1) year or more shall not be considered an existing use or structure. Proof of intent to abandon is not required to determine that an existing use or use of an existing structure has been discontinued.

(A)

Multiple Uses: An existing use or structure with more than one legally established use may discontinue one of the uses without discontinuing the others.

(B)

Change in Use: An existing use or structure shall become discontinued if the use or use of the structure changes.

(6)

Discontinued Uses and Structures:

(a)

Re-establishment or replacement of any use or structure that has been discontinued shall be subject to all applicable policies and guidelines in the Management Plan, including, but not limited to, guidelines for land use designations and scenic, cultural, recreation and natural resources.
[Publications: Publications referenced are available from the agency.]

Source: Rule 350-081-0082 — Existing Uses and Discontinued Uses, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=350-081-0082.

350–081–0010
Purposes and Applicability 350–081–0012
Affected Area 350–081–0014
Maps 350–081–0016
Review and Approval Required 350–081–0018
Uniform Application of Management Plan 350–081–0020
Definitions 350–081–0030
Standards for Applications 350–081–0032
Application for Review and Approval 350–081–0034
Pre-Application Conference 350–081–0036
Acceptance of Application 350–081–0038
Notice of Development Review 350–081–0040
Comment Period 350–081–0042
Decision of the Executive Director 350–081–0044
Expiration of Approvals 350–081–0046
Changes or Alterations to an Approved Action 350–081–0050
Development Eligible for Expedited Review 350–081–0052
Resource and Treaty Rights Protections Guidelines 350–081–0054
Procedures for Expedited Review Process 350–081–0060
Emergency/Disaster Response Actions 350–081–0070
Exempt Land Uses and Activities 350–081–0072
Prohibited Land Uses and Activities 350–081–0074
Uses Allowed Outright 350–081–0076
Agricultural Buffer Zones in the General Management Area 350–081–0078
Variances 350–081–0080
Applying New Less-Stringent Regulations to Development Approved Under Prior Scenic Area Regulations 350–081–0082
Existing Uses and Discontinued Uses 350–081–0084
Indian Tribal Treaty Rights and Consultation 350–081–0086
Buffers from Existing Recreation Sites 350–081–0090
Agricultural Buildings 350–081–0092
Temporary Use — Hardship Dwelling 350–081–0094
Sewer and Water Services 350–081–0096
Docks and Boathouses 350–081–0098
Home Occupations and Cottage Industries 350–081–0100
Bed and Breakfast Inns 350–081–0102
Small-Scale Fishing Support and Fish Processing Operations 350–081–0104
Resource Enhancement Projects 350–081–0106
Disposal Sites for Spoil Materials from Public Road Maintenance Activities 350–081–0108
Commercial Events 350–081–0110
Columbia River Bridge Replacement 350–081–0112
Signs 350–081–0114
Special Uses in Historic Buildings 350–081–0120
Consolidation of Lots 350–081–0124
Land Divisions and Cluster Development 350–081–0126
Lot Line Adjustments 350–081–0170
Agricultural Land Designations 350–081–0180
Uses Allowed Outright — Agricultural Land 350–081–0182
Uses Allowed through the Expedited Development Review Process — Agricultural Land 350–081–0190
Review Uses — Agricultural Land 350–081–0200
Review Uses with Additional Approval Criteria — Large-Scale or Small-Scale Agriculture 350–081–0210
Approval Criteria for Life Estates — Large-Scale or Small-Scale Agriculture Designations 350–081–0220
Approval Criteria for Specified Review Uses on Lands Designated Large-Scale or Small-Scale Agriculture 350–081–0230
Uses Allowed Outright for Lands Designated Agriculture — Special 350–081–0231
Uses Allowed through the Expedited Development Review Process — Agriculture-Special 350–081–0232
Review Uses for Lands Designated Agriculture-Special 350–081–0234
Approval Criteria for Review Uses on Lands Designated Agriculture-Special 350–081–0236
Uses Prohibited on Lands Designated Agriculture-Special 350–081–0240
Range Conservation Plans 350–081–0250
Forest Land Designations 350–081–0260
Uses Allowed Outright — Forest Land 350–081–0262
Uses Allowed through the Expedited Development Review Process — Forest Land 350–081–0270
Review Uses — Forest Land 350–081–0280
Review Uses with Additional Approval Criteria — Commercial Forest Land, or Large or Small Woodland Designations 350–081–0290
Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest Land or Large or Small Woodland 350–081–0300
Approval Criteria for Fire Protection in GMA Forest Designations 350–081–0310
Approval Criteria for Siting of Dwellings on Forest Land in the GMA 350–081–0320
Approval Criteria for Life Estates in Commercial Forest Land or Small or Large Woodland 350–081–0330
Open Space Designations 350–081–0335
Uses Allowed Outright — Open Space 350–081–0338
Uses Allowed through the Expedited Development Review Process — Open Space 350–081–0340
Review Uses — Open Space 350–081–0350
Residential Land Designations 350–081–0360
Uses Allowed Outright — Residential Land 350–081–0365
Uses Allowed through the Expedited Development Review Process — Residential Land 350–081–0370
Review Uses — Residential Land 350–081–0380
Review Uses with Additional Approval Criteria — Residential Land 350–081–0390
Approval Criteria for Specified Review Uses on Lands Designated Residential 350–081–0400
Rural Center 350–081–0410
Uses Allowed Outright — Rural Center 350–081–0415
Uses Allowed through the Expedited Development Review Process — Rural Center 350–081–0420
Review Uses — Rural Center 350–081–0430
Commercial Land 350–081–0440
Uses Allowed Outright — Commercial Designations 350–081–0445
Uses Allowed through the Expedited Development Review Process — Commercial Designations 350–081–0450
Review Uses — Commercial Designations 350–081–0460
Approval Criteria for Review Uses on Lands Designated on Lands Designated Commercial 350–081–0470
Recreation 350–081–0480
Uses Allowed Outright — Public Recreation and Commercial Recreation 350–081–0485
Uses Allowed through the Expedited Development Review Process — Public Recreation and Commercial Recreation 350–081–0490
Review Uses — Public Recreation and Commercial Recreation 350–081–0500
Approval Criteria for Non-Recreation Uses in GMA-Public Recreation Designations 350–081–0510
Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations 350–081–0520
General Management Area Scenic Review Criteria 350–081–0530
Special Management Area Scenic Review Criteria 350–081–0540
General Management Area Cultural Resource Review Criteria 350–081–0550
Special Management Area Cultural Resource Review Criteria 350–081–0560
General Management Area Wetland Review Criteria 350–081–0570
General Management Area Stream, Pond, Lake and Riparian Area Review Criteria 350–081–0580
General Management Area Sensitive Wildlife Review Criteria 350–081–0590
General Management Areas Rare Plant Review Criteria 350–081–0600
Special Management Areas Natural Resource Review Criteria 350–081–0610
General Management Areas Recreation Resource Review Criteria 350–081–0620
Special Management Area Recreation Resource Review Criteria 350–081–0630
Notice of Application Requirements
Last Updated

Jun. 8, 2021

Rule 350-081-0082’s source at or​.us