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