Or. Admin. Code § 350-082-0310

Current through Register Vol. 63, No. 12, December 1, 2024

Section 350-082-0310 - Uses Allowed on Lands Designated GMA Residential

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated GMA Residential.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated GMA Residential.

(3) Review Uses. The following uses may be allowed on lands designated GMA Residential, subject to compliance with 350-082-0600 through 350-082-0720:

(a) One single-family dwelling per legally created and existing parcel. If the subject parcel is located adjacent to lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland, the use shall comply with the buffer and notification requirements for agricultural land (350-082-0580(2) and 350-082-0240(3)(p)(E)) or forest land (350-082-0270(6)). If the subject parcel is located within a Residential designation that is adjacent to lands designated Commercial Forest Land or Large Woodland or Small Woodland, the placement of a dwelling shall also comply with the fire protection guidelines in 350-082-0270(5).

(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (3)(c) below.

(c) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(B) The height of any individual accessory building shall not exceed 24 feet.

(d) The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to compliance with 350-082-0390.

(e) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources (350-082-0620 and 350-082-0640 through 350-082-0690).

(f) Agricultural structures, in conjunction with agricultural use, including new cultivation.

(g) Land divisions, subject to compliance with 350-082-0560.

(h) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(i) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(j) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to compliance with 350-082-0380.

(k) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(l) Docks and boathouses, subject to compliance with 350-082-0410.

(m) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(n) Commercial events, subject to compliance with 350-082-0480.

(o) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria

(a) The following uses may be allowed on lands designated Residential, subject to compliance with the guidelines for protection of scenic, cultural, natural, and recreation resources and "Approval Criteria for Specified Review Uses," in subsection (b) below

(A) Accredited childcare centers within lands designated 1-acre Residential or 2-acre Residential. A childcare center may be allowed in other Residential designations within an existing church or community building.

(B) Schools within an existing church or community building.

(C) Expansion of existing primary or middle schools on land purchased prior to June 8, 1999. For purposes of this guideline, existing schools means public schools that existed prior to adoption of the original Management Plan on October 15, 1991.

(D) Construction and reconstruction of roads, utility facilities, and railroads.

(E) Home occupations in an existing residence or accessory structure, subject to compliance with 350-082-0420.

(F) Fire stations.

(G) Recreation development, subject to compliance with 350-082-0700.

(H) Community parks and playgrounds.

(I) Bed and breakfast inns in single family dwellings located on lands designated 5-acre Residential or 10-acre Residential, subject to compliance with 350-082-0440.

(J) Overnight accommodations in single family dwellings located on lands designated 5-acre Residential or 10-acre Residential, subject to compliance with 350-082-0430.

(K) Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruit harvested on the subject farm and the local region.

(L) Wine or cider sales and tasting rooms in conjunction with an on-site winery or cidery subject to compliance with all the following guidelines:

(i) The use shall comply with the guidelines in 350-082-0420, with the following exceptions:

(ii) The use may employ an unlimited number of outside employees.

(iii) The wine or cider sales and tasting room may include interior and exterior space, provided the combined interior and exterior spaces shall not exceed 1,000 square feet.

(iv) The interior space may be located in an existing building or in a new building or addition to an existing building constructed for the primary purpose of housing the wine or cider sales and tasting room.

(v) The exterior space may be a veranda, patio, or other similar type of structure.

(M) Small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to compliance with 350-082-0450.

(N) Boarding of horses on lands designated 10-acre Residential. The reviewing agency shall make findings on property characteristics, parcel size and impacts to neighbors, and shall specify the maximum number of horses based on those findings.

(b) Approval Criteria for Specified Review Uses on Lands Designated GMA Residential

(A) The proposed use will be compatible with the surrounding area. Review of compatibility shall include impacts associated with the visual character of the area; traffic generation; and noise, dust, and odors.

(B) The proposed use will not require public services other than those existing or approved for the area.

(C) If the subject parcel is located within 500 feet of lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland, new buildings associated with the proposed use comply with the buffer guidelines in 350-082-0580(2).

(D) If the subject parcel is located within 500 feet of lands designated Commercial Forest Land, Large Woodland, or Small Woodland, new buildings associated with the proposed use comply with the fire protection guidelines in 350-0820270(5).

Or. Admin. Code § 350-082-0310

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)