Or. Admin. Code § 350-082-0360

Current through Register Vol. 63, No. 11, November 1, 2024
Section 350-082-0360 - Uses Allowed on Lands Designated Commercial Recreation
(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Commercial 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 Commercial Recreation.
(3) Review Uses with Limited Additional Approval Criteria. The following uses may be allowed on lands designated Commercial Recreation, subject to compliance with 350-082-0600 through 350-082-0720 and compliance with 350082-0700(5), except for subsections 0700(5)(b) and (j):
(a) Commercially owned, resource-based recreation uses, consistent with 350-082-0700.
(b) Overnight recreation accommodations that are part of a commercially owned, resource-based recreation use, where such resource-based recreation use occurs on the subject site or on adjacent lands that are accessed through the site, and that meet the following standards:
(A) Buildings containing only one unit shall be no larger than 1,500 square feet in total floor area and no higher than 21/2 stories.
(B) Buildings containing more than one unit shall be no larger than 5,000 square feet in total floor area and no higher than 2-1/2 stories.
(C) The total number of individual units shall not exceed 25, unless the proposed development complies with standards for clustered accommodations in subsection (D) below.
(D) Clustered overnight recreation accommodations meeting the following standards may include up to 35 individual units:
(i) Average total floor area of all units is 1,000 square feet or less per unit.
(ii) A minimum of 50 percent of the project site is dedicated to undeveloped, open areas (not including roads or parking areas).
(iii) The facility is in an area classified in the Management Plan as Recreation Intensity Class 4.
(c) Commercial uses, including restaurants sized to accommodate overnight visitors and their guests, and non-resource-based recreation uses that are part of an existing or approved resource-based commercial recreation use.
(d) 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).
(e) 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 Commercial Recreation, subject to compliance with 350082-0600 through 350-082-0720 and "Approval Criteria for Non-Recreational Uses in Commercial Recreation," 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.
(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, and communication 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 Non-Recreation Uses in GMA-Commercial Recreation Designations.:
(A) The proposed use will not interfere with existing or approved commercial 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 structure 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 subsection (4)(b)(C) above and 350-082-0560(1)(c).
(6) Lot line adjustments may be allowed, subject to compliance with 350-082-0570(1).
(7) Recreation resorts may be allowed on lands designated Commercial Recreation that include an existing industrial complex, subject to compliance with 350-082-0600 through 350-082-0720 and 350-082-0490.

Or. Admin. Code § 350-082-0360

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)