Current through Register Vol. 63, No. 9, September 1, 2024
(1) For rural communities, resort communities
and urban unincorporated communities, counties shall adopt individual plan and
zone designations reflecting the projected use for each property (e.g.,
residential, commercial, industrial, public) for all land in each community.
Changes in plan or zone designation shall follow the requirements to the
applicable post-acknowledgment provisions of ORS
197.610 through
197.625.
(2) County plans and land use regulations may
authorize any residential use and density in unincorporated communities,
subject to the requirements of this division.
(3) County plans and land use regulations may
authorize only the following new or expanded industrial uses in unincorporated
communities:
(a) Uses authorized under Goals 3
and 4;
(b) Expansion of a use
existing on the date of this rule;
(c) Small-scale, low impact uses;
(d) Uses that require proximity to rural
resource, as defined in OAR 660-004-0022(3)(a);
(e) New uses that will not exceed the
capacity of water and sewer service available to the site on the effective date
of this rule, or, if such services are not available to the site, the capacity
of the site itself to provide water and absorb sewage;
(f) New uses more intensive than those
allowed under subsection (a) through (e) of this section, provided an analysis
set forth in the comprehensive plan demonstrates, and land use regulations
ensure:
(A) That such uses are necessary to
provide employment that does not exceed the total projected work force within
the community and the surrounding rural area;
(B) That such uses would not rely upon a work
force employed by uses within urban growth boundaries; and
(C) That the determination of the work force
of the community and surrounding rural area considers the total industrial and
commercial employment in the community and is coordinated with employment
projections for nearby urban growth boundaries.;
(g) Industrial uses, including accessory uses
subordinate to industrial development, as provided under either paragraph (A)
or (B) of this subsection:
(A) Industrial
developments sited on an abandoned or diminished industrial mill site, as
defined in ORS
197.719 that was engaged in the processing or manufacturing of wood products, provided
the uses will be located only on the portion of the mill site that is zoned for
industrial uses; or
(B) Industrial
development, and accessory uses subordinate to the industrial development, in
buildings of any size and type, in an area planned and zoned for industrial use
on January 1, 2004, subject to the territorial limits and other requirements of
ORS
197.713 and
197.714.
(4) County plans and
land use regulations may authorize only the following new commercial uses in
unincorporated communities:
(a) Uses
authorized under Goals 3 and 4;
(b)
Small-scale, low impact uses;
(c)
Uses intended to serve the community and surrounding rural area or the travel
needs of people passing through the area.
(5) County plans and land use regulations may
authorize hotels and motels in unincorporated communities only if served by a
community sewer system and only as provided in subsections (a) through (c) of
this section:
(a) Any number of new motel and
hotel units may be allowed in resort communities;
(b) New motels and hotels up to 35 units may
be allowed in an urban unincorporated community, rural service center, or rural
community if the unincorporated community is at least 10 miles from the urban
growth boundary of any city adjacent to Interstate Highway 5, regardless of its
proximity to any other UGB;
(c) New
motels and hotels up to 100 units may be allowed in any urban unincorporated
community that is at least 10 mile from any urban growth boundary.
(6) County plans and land use
regulations shall ensure that new or expanded uses authorized within
unincorporated communities do not adversely affect agricultural or forestry
uses.
(7) County plans and land use
regulations shall allow only those uses which are consistent with the
identified function, capacity and level of service of transportation facilities
serving the community, pursuant to OAR 660-012-0060(1)(a) through
(c).
(8) Zoning applied to lands
within unincorporated communities shall ensure that the cumulative development:
(A) Will not result in public health hazards
or adverse environmental impacts that violate state or federal water quality
regulations; and
(B) Will not
exceed the carrying capacity of the soil or of existing water supply resources
and sewer services.
(9)
County plans and land use regulations for lands within unincorporated
communities shall be consistent with acknowledged metropolitan regional goals
and objectives, applicable regional functional plans and regional framework
plan components of metropolitan service districts.
(10) For purposes of subsection (b) of
section (4) of this rule, a small-scale, low impact commercial use is one which
takes place in an urban unincorporated community in a building or building not
exceeding 8,000 square feet of floor space, or in any other type of
unincorporated community in a building or buildings not exceeding 4, 000 square
feet of floor space.
(11) For
purposes of subsection (c) of section (3) of this rule, a small-scale, low
impact industrial use is one which takes place in an urban unincorporated
community in a building or buildings not exceeding 60,000 square feet of floor
space, or in any other type of unincorporated community in a building or
buildings not exceeding 40,000 square feet of floor space.
(12) Notwithstanding sections (1) and (2), a
county may approve the uses in subsections (a) and (b) without amendments to
the county plan or land use regulations when a wildfire identified in an
Executive Order issued by the Governor in accordance with the Emergency
Conflagration Act, ORS
476.510 through
476.610, has
destroyed homes or caused residential evacuations, or both within the county or
an adjacent county and, furthermore, has resulted in an Executive Order issued
by the Governor declaring an emergency for all or parts of Oregon pursuant to
ORS
401.165,
et seq. Uses approved under this section shall be consistent with all
applicable provisions of law including adopted comprehensive plan provisions
and land use regulations to protect people and property from flood, geologic,
and wildfire hazards.
(a) Temporary
residential uses in conjunction with a dwelling that either existed or had
received land use approval to be constructed on July 5, 2020. Such uses must be
removed or converted to an allowed use within 36 months from the date of the
Governor's emergency declaration. A county may grant two additional 12-month
extensions upon demonstration by the applicant that the temporary residential
use remains necessary because permanent housing units replacing those lost to
the natural hazard event are not available in sufficient quantities. Temporary
residential uses approved under this subsection are limited to the following;
(A) A single manufactured dwelling;
(B) Use of an existing building or
buildings;
(C) Up to two
yurts;
(D) Up to five recreational
vehicles; or
(E) Up to five fabric
structures, tents or similar accommodations.
(b) Transitional housing accommodations as
described at ORS
446.265(2)
and (4) when homes and other private property
on lands within the county or an adjacent county have received damage from a
wildfire identified in an Executive Order issued by the Governor in accordance
with the Emergency Conflagration Act, ORS
476.510 through
476.610.
Statutory/Other Authority: ORS
197.040 & ORS
197.245
Statutes/Other Implemented: ORS
197.040
