Or. Admin. Code § 350-082-0350
Current through Register Vol. 63, No. 12, December 1, 2024
Section 350-082-0350 - Uses Allowed on Lands Designated Public Recreation(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Public Recreation.(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 Public Recreation.(3) Review Uses with Limited Additional Approval Criteria. The following uses may be allowed on lands designated Public Recreation, subject to compliance with 350-082-0600 through 350-082-0720 and compliance with 350-0820700(5), except for subsections 0700(5)((b) and (j): (a) Publicly owned, resource-based recreation uses, consistent with 350-082-0700.(b) Commercial uses and non-resource-based recreation uses that are part of an existing or approved resource-based public recreation use, consistent with the following: . (A) Uses other than those providing public recreation opportunities may be allowed if they do not interfere with existing or approved recreation uses on the subject site or adjacent lands, and do not permanently commit the site to nonrecreation uses.(B) Commercial uses may be allowed if they are part of an existing or approved public recreation use and are consistent with the following:(i) Private concessions and other commercial uses at public recreation sites may be allowed pursuant to adopted policies of the public agency owning or managing the site. If a different agency manages the site, that agency's policies shall apply, unless superseded by provisions of the owning agency's policies.(ii) For commercial recreation sites and public recreation sites not owned or managed by a public park agency with adopted concession policies, the following policies shall apply: (1) Retail sales at campgrounds shall be limited to camping supplies for overnight guests in dedicated space within the registration or central office building.(2) Private concessions in permanent structures shall be limited to one structure per park site. Sales shall be limited to those items necessary for enjoyment and use of recreation opportunities at the site, including food and beverages and recreation equipment rental.(3) Mobile vendors may be permitted, subject to local government approvals. Local government review shall address solid waste disposal, visual impacts of signs, traffic circulation, and safety. Such uses shall be limited to the term of the recreation season, and sales shall be limited to food and beverages and recreation equipment rental.(c) 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).(d) 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 Public Recreation, subject to compliance with 350-082-0600 through 350-082-0720 and "Approval Criteria for Non-Recreation Uses in Public Recreation designations," in subsection (b) below: (A) One single-family dwelling for each existing parcel legally created prior to adoption of the first Management Plan on October 15, 1991. Exceptions may be considered only upon demonstration that more than one residence is necessary for management of a public park.(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 (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: (i) 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.(ii) The height of any individual accessory building shall not exceed 24 feet.(D) Agricultural structures in conjunction with agricultural use.(E) 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.(F) Utility transmission, transportation, communication, and public works facilities.(G) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or 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).(H) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.(I) Docks and boathouses, subject to compliance with 350-082-0410.(J) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.(K) Commercial events, subject to compliance with 350-082-0480.(b) Approval Criteria for Specified Review Uses on Lands Designated Public Recreation: (A) The proposed use will not interfere with existing or approved public recreation uses on the subject property or adjacent lands. Mitigative measures used to comply with this criterion may include provision of onsite buffers, seasonal or temporary closures during peak recreation use periods, etc.(B) The proposed use will not permanently commit the majority of the site to a non-recreational use. Careful siting and design of structures and other improvements may be used to comply with this criterion.(C) Land divisions may be allowed upon a demonstration that the proposed land division is necessary to facilitate, enhance, or otherwise improve recreational uses on the site.(5) Land divisions may be allowed subject to compliance with 350-082-0560(3).(6) Lot line adjustments may be allowed, subject to compliance with 350-082-0570(1).Or. Admin. Code § 350-082-0350
CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022Statutory/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)