Current through Register Vol. 63, No. 3, March 1, 2024
(1) Right to
Continue Existing Uses and Structures. 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)
Changes to Existing Uses and Structures. 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
350-082. Changes to exterior color and replacing siding, windows, chimneys,
fences, paving; and other similar exterior features is considered a change to
an existing structure.
(a) Expansion of
Existing Commercial and Multifamily Residential Uses: In the SMAs, existing
commercial and multifamily residential uses may expand as necessary for
successful operation on the dedicated site, subject to guidelines to minimize
adverse effects on scenic, cultural, natural, and recreation resources.
Expansion beyond the dedicated site shall be prohibited.
(b) Conversion of Existing Industrial Uses in
the GMA: In the GMA, existing industrial uses may convert to less intensive
uses. For this guideline, a less intensive use is a commercial, recreation, or
residential use with fewer adverse effects upon scenic, cultural, natural, and
recreation resources.
(c) Existing
Development or Production of Mineral Resources in the SMAs: Uses involving the
exploration, development, or production of sand, gravel, or crushed rock in the
SMAs may continue if both of the following conditions exist:
(A) The sand, gravel, or crushed rock is used
for construction or maintenance of roads used to manage or harvest forest
products in the SMAs.
(B) A
determination by the Forest Service finds that the use does not adversely
affect the scenic, cultural, natural, or recreation resources.
(3) Replacement of
Existing Structures Not Damaged or Destroyed by Disaster. Except as provided in
section (4) below, 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 have the
same use as the original structure.
(b) The replacement structure may have a
different size or location than the original structure. An existing
manufactured home may be replaced with a framed residence and an existing
framed residence may be replaced with a manufactured 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.
(4) Replacement of Existing Structures
Damaged or Destroyed by Disaster. 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 have the
same use as the original structure. An existing manufactured 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 replacement
structure complies with all the following guidelines:
(A) 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.
(B) 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.
(C) The new building site complies with
350-082-0600 through 350-082-0720.
(c) The replacement structure shall be the
same size and height as the original structure, provided:
(A) The footprint of the replacement
structure may be up to ten percent larger than the footprint of the original
structure. The footprint of a structure includes any covered decks and porches,
attached garages, and breezeways that share a wall with the
structure.
(B) 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. Height is generally defined as the
greatest vertical distance between the lowest finished grade adjoining any
exterior wall and the highest point of the roof.
(d) The replacement structure shall only be
subject to the following scenic resources standards:
(A) In the GMA, the replacement structure
shall comply with the guidelines regarding color and reflectivity in
350-0820600. In the SMAs, the replacement structure shall comply with the
guidelines regarding color and reflectivity in 350082-0610. These guidelines
shall be applied to achieve the applicable scenic standard (visually
subordinate or not visually evident) to the maximum extent
practicable.
(B) 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.
(C) In the GMA, the
replacement structure shall comply with the GMA guidelines regarding
landscaping (350-0820600). These guidelines shall be applied to achieve the
applicable scenic standard (visually subordinate) to the maximum extent
practicable.
(D) In the SMAs, the
replacement structure shall comply with the SMA guidelines regarding
landscaping (350-0820610). These guidelines shall be applied to achieve the
applicable scenic standard (visually subordinate or not visually evident) to
the maximum extent practicable, provided:
(i)
Use of plant species appropriate for the area and minimum sizes of new trees
needed to achieve the standard (based on average growth rates expected for the
recommended species) are required. Examples of native specific are identified
in the Scenic Resources Implementation Handbook as appropriate to the
area.
(ii) The height of any new
trees shall not be required to exceed five feet.
(iii) The time frame for achieving the
applicable scenic standard (visually subordinate or not visually evident) shall
be ten years.
(e) The replacement structure shall be
subject to subsections (3)(a), (3)(b), and (3)(c) above if it would not comply
with subsections (4)(b) and (4)(c) above.
(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.
(5) Discontinuance of Existing Uses and
Structures. Except as provided in subsection (4)(a) above, any use or structure
that is discontinued for one 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. 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.
Statutory/Other Authority: ORS
196.150, RCW
43.97.015,
16 USC §
544e(c),
16 USC §
544f(l)
Statutes/Other Implemented: ORS
196.150, RCW
43.97.015,
16 USC §
544e(c),
16 USC §
544f(l)