Or. Admin. Code § 660-004-0018 - Planning and Zoning for Exception Areas
(1) Purpose. This rule explains the
requirements for adoption of plan and zone designations for exceptions.
Exceptions to one goal or a portion of one goal do not relieve a jurisdiction
from remaining goal requirements and do not authorize uses, densities, public
facilities and services, or activities other than those recognized or justified
by the applicable exception. Physically developed or irrevocably committed
exceptions under OAR 660-004-0025 and
660-004-0028 and
660-014-0030 are intended to
recognize and allow continuation of existing types of development in the
exception area. Adoption of plan and zoning provisions that would allow changes
in existing types of uses, densities, or services requires the application of
the standards outlined in this rule.
(2) For "physically developed" and
"irrevocably committed" exceptions to goals, residential plan and zone
designations shall authorize a single numeric minimum lot size and all plan and
zone designations shall limit uses, density, and public facilities and services
to those that satisfy (a) or (b) or (c) and, if applicable, (d):
(a) That are the same as the existing land
uses on the exception site;
(b)
That meet the following requirements:
(A) The
rural uses, density, and public facilities and services will maintain the land
as "Rural Land" as defined by the goals, and are consistent with all other
applicable goal requirements;
(B)
The rural uses, density, and public facilities and services will not commit
adjacent or nearby resource land to uses not allowed by the applicable goal as
described in OAR 660-004-0028; and
(C) The rural uses, density, and public
facilities and services are compatible with adjacent or nearby resource
uses;
(c) For uses in
unincorporated communities, the uses are consistent with OAR
660-022-0030, "Planning and
Zoning of Unincorporated Communities", if the county chooses to designate the
community under the applicable provisions of OAR chapter 660, division
22;
(d) For industrial development
uses and accessory uses subordinate to the industrial development, the
industrial uses may occur in buildings of any size and type provided the
exception area was 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.
(3) Uses, density, and public facilities and
services not meeting section (2) of this rule may be approved on rural land
only under provisions for a reasons exception as outlined in section (4) of
this rule and applicable requirements of OAR
660-004-0020 through
660-004-0022,
660-011-0060 with regard to
sewer service on rural lands, OAR
660-012-0070 with regard to
transportation improvements on rural land, or OAR
660-014-0030 or
660-014-0040 or 660"014"0090
with regard to urban development on rural land.
(4) "Reasons" Exceptions:
(a) When a local government takes an
exception under the "Reasons" section of ORS
197.732(1)(c)
and OAR 660-004-0020 through
660-004-0022, OAR 660"014"0040,
or OAR 660"014"0090, plan and zone designations must limit the uses, density,
public facilities and services, and activities to only those that are justified
in the exception.
(b) When a local
government changes the types or intensities of uses or public facilities and
services within an area approved as a "Reasons" exception, a new "Reasons"
exception is required.
(c) When a
local government includes land within an unincorporated community for which an
exception under the "Reasons" section of ORS
197.732(1)(c)
and OAR 660-004-0020 through
660-004-0022 was previously
adopted, plan and zone designations must limit the uses, density, public
facilities and services, and activities to only those that were justified in
the exception or OAR 660-022-0030, whichever is more
stringent.
Notes
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.732 - 197.734
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