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(continued)
(8) Bed and breakfast inns in single-family dwellings located on lands designated Residential-5 or Residential-10, pursuant to 350-080-0150(5) and 350-080-0150(4)(j) if applicable.
(9) Expansion of existing primary or middle schools on land purchased prior to June 8, 1999. For purposes of this section, existing schools means public schools that existed prior to adoption of the Management Plan.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95; CRGC 1-2000, f. & cert. ef. 6-30-00
350-080-0390
Approval Criteria for Specified Review Uses on Lands Designated Residential
The uses identified in Commission Rule 350-080-0380 may be allowed only if they meet all of the following:
(1) 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.
(2) The proposed use will not require public services other than those existing or approved for the area.
(3) If the subject parcel is located within 500 feet of lands designated Large-Scale or Small-Scale Agriculture, Commercial Forest Land, or Large or Small Woodland, new buildings associated with the proposed use shall comply with Commission Rule 350-080-0150(2).
(4) If the subject parcel is located within 500 feet of lands designated Commercial Forest Land or Large or Small Woodland, new buildings associated with the proposed use shall comply with Commission Rule 350-080-300.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0400
Rural Center
Commission Rule 350-080-0400 through 350-080-0420 shall apply to those areas designated Rural Center on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0410
Uses Allowed Outright -- Rural Center
The following uses are allowed on lands designated Rural Center without review:
(1) Agricultural use, except new cultivation.
(2) Forest practices that do not violate conditions of approval for other approved uses.
(3) Repair, maintenance and operation of existing structures, trails, roads, railroads and utility facilities.
(4) Buildings less than 60 square feet in area and not exceeding 18 feet in height measured at the roof peak, which are accessory to a dwelling.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0420
Review Uses -- Rural Center
The following uses may be allowed on lands designated Rural Center subject to compliance with the appropriate scenic, cultural, natural and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620):
(1) One single-family dwelling per legally created parcel.
(2) Buildings greater than 60 square feet in area and/or 18 feet in height as measured at the roof peak, which are accessory to a dwelling.
(3) The temporary use of a mobile home in the case of a family hardship, pursuant to Commission Rule 350-080-0150(3).
(4) Duplexes.
(5) Fire stations.
(6) Libraries.
(7) Government buildings.
(8) Community centers and meeting halls.
(9) Schools.
(10) Accredited child care centers.
(11) Rural service commercial and tourist commercial uses limited to 5,000 square feet of floor area per building or use.
(a) Grocery stores.
(b) Variety and hardware stores.
(c) Shops, offices and repair shops.
(d) Personal services such as barber and beauty shops.
(e) Travelers accommodations, bed and breakfast inns.
(f) Restaurants.
(g) Taverns and bars.
(h) Gas stations.
(i) Gift shops.
(12) Home occupations or cottage industries in an existing residence or accessory structure, pursuant to Commission Rule 350-080-0150(4).
(13) Utility facilities and railroads.
(14) Recreation development, subject to Commission Rule 350-080-0610.
(15) Places of worship.
(16) New cultivation, subject to compliance with Commission Rules 350-080-0540 and 350-080-0560 through 350-080-0590.
(17) Land divisions subject to Commission rule 350-080-0150(1).
(18) Planned developments incorporating features such as consolidated access and commonly shared open areas.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0430
Commercial Land
Commission Rule 350-080-0430 through 350-080-0460 shall apply to those areas designated Commercial on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0440
Uses Allowed Outright -- Commercial Land
The following uses are allowed on lands designated Commercial without review:
(1) Agricultural use, except new cultivation.
(2) Forest practices that do not violate conditions of approval for other approved uses.
(3) Repair, maintenance and operation of existing structures, trails, roads, railroads and utility facilities.
(4) Buildings less than 60 square feet in area and not exceeding 18 feet in height measured at the roof peak, which are accessory to a dwelling.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0450
Review Uses with Additional Approval Criteria -- Commercial Land
The following uses may be allowed on lands designated Commercial, subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620), and Commission Rule 350-080-0460:
(1) Travelers accommodations, bed and breakfast inns subject to Commission Rule 350-080-0150(5).
(2) Restaurants.
(3) Gift shops.
(4) Home occupations or cottage industries in an existing residence or accessory structure, pursuant to Commission Rule 350-080-0150(4).
(5) One single-family dwelling per legally created parcel.
(6) Utility facilities and railroads.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0460
Approval Criteria for Review Uses on Lands Designated Commercial
The uses identified in Commission Rule 350-080-0450 may be allowed only if they meet both of the following criteria:
(1) The proposal is limited to 5,000 square feet of floor area per building or use.
(2) The proposed use would be compatible with the surrounding areas, including review for impacts associated with the visual character of the area, traffic generation and noise, dust and odors.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0470
Recreation
Commission Rule 350-080-0470 through 350-080-0510 shall apply to those areas designated Public Recreation and Commercial Recreation on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0480
Uses Allowed Outright -- Public Recreation and Commercial Recreation
(1) The following uses are allowed on lands in the General Management Area designated Public Recreation and Commercial Recreation without review:
(a) Forest practices that do not violate conditions of approval for other approved development.
(b) Repair, maintenance and operation of existing structures, trails, roads, railroads, and utility facilities.
(c) Agricultural uses, except for new cultivation.
(2) The following uses are allowed on lands in the Special Management Area designated Public Recreation without review:
(a) Agricultural use, except where there would be potential impact to cultural or natural resources.
(b) Maintenance, repair, and operation of existing dwellings, structures, trails, roads, railroads, utility facilities, and public recreation facilities.
(c) Accessory structures less than 60 square feet in area and 18 feet in height measured at the roof peak.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0490
Review Uses -- Public Recreation and Commercial Recreation
(1) The following uses are allowed on all lands in the General Management Area designated Public Recreation:
(a) The following uses may be allowed on lands in the General Management Area designated Public Recreation, subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620), and where applicable Commission Rule 350-080-0610(5)(a) and (c) through (g):
(A) Publicly-owned, resource-based recreation uses consistent with Commission Rule 350-080-0610.
(B) Commercial uses and non-resource based recreation uses that are part of an existing or approved, resource-based public recreation use consistent with guidelines contained in this section.
(C) New cultivation, subject to compliance with Commission Rule 350-080-0540 and 350-080-0560 through 350-080-0590.
(b) The following uses may be allowed on lands in the General Management Area designated Public Recreation, subject to compliance with the appropriate scenic, cultural, natural and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620), and Commission Rule 350-080-0500:
(A) Residences and accessory structures, limited to one single-family dwelling for each parcel legally created prior to adoption of the Management Plan. Exceptions may be considered only upon demonstration that more than one residence is necessary for management of a public park.
(B) Agricultural buildings.
(C) Utility transmission, transportation, communication and public works facilities.
(c) Land divisions, subject to compliance with Commission Rule 350-080-0500(3).
(2) The following uses are allowed on all lands in the General Management Area designated Commercial Recreation:
(a) The following uses may be allowed on lands in the General Management Area designated Commercial Recreation, subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620), and where applicable Commission Rule 350-080-0610(5)(a) and (c) through (g):
(A) Commercially owned, resource-based recreation uses consistent with Commission Rule 350-080-0610.
(B) Overnight accommodations that are part of a commercially owned resource-based recreation use, where such resource-based recreation use occurs on the subject site or is accessed through the site on adjacent lands, and which meet the following guidelines:
(i) Buildings containing individual units are no larger than 1,500 square feet in total floor area and no higher than two and one-half stories.
(ii) Buildings containing more than one unit are no larger than 5,000 square feet in total floor area and no higher than two and one-half stories.
(iii) The total number of individual units shall not exceed 25, unless the proposed development complies with guidelines for clustered accommodations in subsection (iv) below
(iv) Clustered overnight travelers accommodations meeting the following guidelines 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 for high intensity recreation (Recreation Intensity Class 4).
(C) Commercial uses, including restaurants sized to accommodate overnight visitors and their guests, and nonresource-based recreation uses which are part of an existing or approved resource-based commercial recreation use consistent with the guidelines contained in this section.
(D) New cultivation, subject to compliance with Commission Rule 350-080-0540 and 350-080-0560 through 350-080-0590.
(b) The following uses may be allowed, subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620), and Commission Rule 350-080-0510:
(A) Residences and accessory structures limited to one single-family dwelling for each lot or parcel legally created prior to adoption of the Management Plan.
(B) Agricultural buildings.
(C) Utility transmission, transportation and communication facilities.
(c) Land divisions, subject to compliance with Commission Rule 350-080-0510(3).
(3) The following uses are allowed on lands in the Special Management Area designated Public Recreation subject to compliance with the appropriate scenic, cultural, natural and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620):
(a) Forest uses and practices as allowed in Commission Rule 350-080-0270(2).
(b) Public trails, consistent with Commission Rule 350-080-0620.
(c) Public recreational facilities, consistent with Commission Rule 350-080-0620.
(d) Public non-profit group camps, retreats, conference or educational centers, and interpretive facilities.
(e) All dwellings and accessory structures larger than 60 square feet.
(f) Home occupations and cottage industries, pursuant to Commission Rule 350-080-0150(4).
(g) Road and railroad construction and reconstruction.
(h) Utility facilities for public service upon a showing that:
(A) There is no alternative location with less adverse effect on Public Recreation land.
(B) The size is the minimum necessary to provide the service.
(i) New signs pursuant to 350-080-0160(2).
(j) Structures or vegetation management activities for the purpose of wildlife, fisheries, or plant habitat enhancement projects.
(k) Agricultural uses as allowed in Commission Rule 350-080-0190(2).
(4) New commercial recreation facilities shall be allowed in Forest Land and Agricultural Land use designations, consistent with the guidelines established for the recreation intensity classes Commission Rule 350-080-0620.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0500
Approval Criteria for Non-Recreation Uses in Public Recreation Designations
The uses identified in Commission Rule 350-080-0490(1)(b) may be allowed only if they meet the following criteria:
(1) The proposed use will not interfere with existing or approved public recreation uses on the subject property or adjacent lands. Mitigation measures to comply with this criterion may include onsite buffers, seasonal or temporary closures during peak recreation use periods, etc.
(2) 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.
(3) 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.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0510
Approval Criteria for Non-Recreation Uses in Commercial Recreation Designations
The uses identified in Commission Rule 350-080-0490(2)(b) may be allowed only if they meet the following criteria:
(1) The proposed use will not interfere with existing or approved commercial recreation uses on the subject property or adjacent lands. Mitigation measures to comply with this criterion may include onsite buffers, seasonal or temporary closures during peak recreation use periods, etc.
(2) 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.
(3) 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.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0520
General Management Area Scenic Review Criteria
The following scenic review guidelines shall apply to all Review Uses in the General Management Area of the Columbia River Gorge National Scenic Area:
(1) All Review Uses:
(a) New buildings and roads shall be sited and designed to retain the existing topography and reduce necessary grading to the maximum extent practicable.
(b) New buildings shall be generally consistent with the height and size of existing nearby development.
(c) Project applicants shall be responsible for the proper maintenance and survival of any planted vegetation required by the guidelines in Commission Rule 350-080-0520.
(d) For all proposed development, the determination of compatibility with the landscape setting shall be based on information submitted in the site plan.
(e) For all new production and/or development of mineral resources and expansion of existing quarries, a reclamation plan is required to restore the site to a natural appearance which blends with and emulates surrounding landforms to the maximum extent practicable. Such a plan shall be approved by the appropriate state agency for uses under their jurisdiction, or approved by the Development Review Officer with technical assistance from applicable state agencies for uses not under state agency jurisdiction. At a minimum, such reclamation plans shall include:
(A) A map of the site, at a scale of 1 inch equals 200 feet (1:2,400), or a scale providing greater detail, with 10 foot contour intervals or less, showing pre-mining existing grades and post-mining final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch-basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing and equipment areas employed for the duration of the use.
(B) Cross-sectional drawings of the site showing pre-mining and post-mining grades.
(C) Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.
(D) Description of drainage/erosion control features to be employed for the duration of the use.
(E) A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.
(2) All Review Uses visible from Key Viewing Areas shall comply with the following applicable guidelines:
(a) Size, height, shape, color, reflectivity, landscaping, siting or other aspects of proposed development shall be evaluated to ensure that such development is visually subordinate to its setting as seen from Key Viewing Areas.
(b) The extent and type of conditions applied to a proposed development to achieve visual subordinance should be proportionate to its potential visual impacts as seen from Key Viewing Areas. Primary factors influencing the degree of potential visual impact include: the amount of area of the building site exposed to Key Viewing Areas, the degree of existing vegetation providing screening, the distance from the building site to the Key Viewing Areas from which it is visible, the number of Key Viewing Areas from which it is visible, and the linear distance along the Key Viewing Areas from which the building site is visible (for linear Key Viewing Areas, such as roads). Written reports on determination of visual subordinance and final conditions of approval shall include findings addressing each of these factors.
(c) Determination of potential visual effects and compliance with visual subordinance policies shall include consideration of the cumulative effects of proposed developments.
(d) For all buildings, roads or mining and associated activities proposed on lands visible from Key Viewing Areas, the following supplemental site plan information shall be submitted in addition to the site plan requirements in Commission Rule 350-080-0080 and 350-080-0520(1)(e) for mining and associated activities:
(A) For buildings, a description of the proposed building(s)' height, shape, color, exterior building materials, exterior lighting, and landscaping details (type of plants used, number, size, locations of plantings, and any irrigation provisions or other measures to ensure the survival of landscaping planted for screening purposes).
(B) Elevation drawings showing the appearance of proposed building(s) when built and surrounding final ground grades, for all buildings over 400 square feet in area.
(e) For proposed mining and associated activities on lands visible from Key Viewing Areas, in addition to submittal of plans and information pursuant to Commission Rule 350-080-0520(1)(e) and subsection (d) above, project applicants shall submit perspective drawings of the proposed mining areas as seen from applicable Key Viewing Areas.
(f) New buildings or roads shall be sited on portions of the subject property which minimize visibility from Key Viewing Areas, unless the siting would place such development in a buffer specified for protection of wetlands, riparian corridors, sensitive plants, sensitive wildlife sites or conflict with the protection of cultural resources. In such situations, development shall comply with this guideline to the maximum extent practicable.
(g) In siting new buildings and roads, use of existing topography and vegetation to screen such development from Key Viewing Areas shall be given priority over other means of achieving visual subordinance, such as planting of new vegetation or use of artificial berms to screen the development from Key Viewing Areas.
(h) Driveways and buildings shall be designed and sited to minimize grading activities and visibility of cut banks and fill slopes from Key Viewing Areas.
(i) The exterior of buildings on lands seen from Key Viewing Areas shall be composed of nonreflective materials or materials with low reflectivity, unless the structure would be fully screened from all Key Viewing Areas by existing topographic features.
(j) Exterior lighting shall be directed downward and sited, hooded and shielded such that it is not highly visible from Key Viewing Areas. Shielding and hooding materials shall be composed of non-reflective, opaque materials.
(k) Additions to existing buildings smaller in total square area than the existing building may be the same color as the existing building. Additions larger than the existing building shall be of colors specified in the design guidelines for the subject property's landscape setting.
(l) Rehabilitation of or modifications to existing significant historic structures shall be exempted from visual subordinance requirements for lands seen from Key Viewing Areas. To be eligible for such exemption, the structure must be included in, or eligible for inclusion in, the National Register of Historic Places or be in the process of applying for a determination of significance pursuant to such regulations. Rehabilitation of or modifications to structures meeting this guideline shall be consistent with National Park Service regulations for such structures.
(m) The silhouette of new buildings shall remain below the skyline of a bluff, cliff or ridge as seen from Key Viewing Areas. Variances to this guideline may be granted if application of the guideline would leave the owner without a reasonable economic use. The variance shall be the minimum necessary to allow the use, and may be applied only after all reasonable efforts to modify the design, building height, and site to comply with the guideline have been made.
(n) An alteration to a building built prior to November 17, 1986, which already protrudes above the skyline of a bluff, cliff or ridge as seen from a Key Viewing Area, may itself protrude above the skyline if:
(A) The altered building, through use of color, landscaping and/or other mitigation measures, contrasts less with its setting than before the alteration; and
(B) There is no practicable alternative means of altering the building without increasing the protrusion.
(o) New main lines on lands visible from Key Viewing Areas for the transmission of electricity, gas, oil, other fuels, or communications, except for connections to individual users or small clusters of individual users, shall be built in existing transmission corridors unless it can be demonstrated that use of existing corridors is not practicable. Such new lines shall be underground as a first preference unless it can be demonstrated to be impracticable.
(p) New communication facilities (antennae, dishes, etc.) on lands visible from Key Viewing Areas, which require an open and unobstructed site shall be built upon existing facilities unless it can be demonstrated that use of existing facilities is not practicable.
(q) New communications facilities may protrude above a skyline visible from a Key Viewing Area only upon demonstration that:
(A) The facility is necessary for public service;
(B) The break in the skyline is seen only in the background; and
(C) The break in the skyline is the minimum necessary to provide the service.
(r) Overpasses, safety and directional signs and other road and highway facilities may protrude above a skyline visible from a Key Viewing Area only upon a demonstration that:
(A) The facility is necessary for public service; and
(B) The break in the skyline is the minimum necessary to provide the service.
(s) Except for water-dependent development and for water-related recreation development, development shall be set back 100 feet from the ordinary high water mark of the Columbia River below Bonneville Dam, and 100 feet from the normal pool elevation of the Columbia River above Bonneville Dam, unless the setback would render a property unbuildable. In such cases, variances to the setback may be authorized.
(t) New buildings shall not be permitted on lands visible from Key Viewing Areas with slopes in excess of 30 percent. A variance may be authorized if the property would be rendered unbuildable through the application of this guideline. In determining the slope, the average percent slope of the proposed building site shall be used.
(u) All proposed structural development involving more than 100 cubic yards of grading on sites visible from Key Viewing Areas and which slope between 10 and 30 percent shall include submittal of a grading plan. This plan shall be reviewed by the Development Review Officer for compliance with Key Viewing Area policies. The grading plan shall include the following:
(A) A map of the site, prepared at a scale of 1 inch equals 200 feet (1:2,400), or a scale providing greater detail, with contour intervals of at least 5 feet, including:
(i) Existing and proposed final grades;
(ii) Location of all areas to be graded, with cut banks and fill slopes delineated; and
(iii) Estimated dimensions of graded areas.
(B) A narrative description (may be submitted on the grading plan site map and accompanying drawings) of the proposed grading activity, including:
(i) Its purpose;
(ii) An estimate of the total volume of material to be moved;
(iii) The height of all cut banks and fill slopes;
(iv) Provisions to be used for compaction, drainage, and stabilization of graded areas (preparation of this information by a licensed engineer or engineering geologist is recommended);
(v) A description of all plant materials used to revegetate exposed slopes and banks, including type of species, number of, size and location of plants, and a description of irrigation provisions or other measures necessary to ensure the survival of plantings; and
(vi) A description of any other interim or permanent erosion control measures to be utilized.
(vii) Expansion of existing quarries and new production and/or development of mineral resources proposed on sites more than 3 miles from the nearest Key Viewing Areas from which it is visible may be allowed upon a demonstration that:
(A) The site plan requirements for such proposals pursuant to this chapter have been met.
(B) The area to be mined and the area to be used for primary processing, equipment storage, stockpiling, etc. associated with the use would be visually subordinate as seen from any Key Viewing Areas.
(C) A reclamation plan to restore the site to a natural appearance which blends with and emulates surrounding landforms to the maximum extent practicable has been approved. The plan shall be approved by the applicable state agency with jurisdiction, or approved by the Development Review Officer with technical assistance from applicable state agencies for uses not under state agency jurisdiction. At minimum, the reclamation plan shall comply with Commission Rule 350-080-0520(1)(e).
(D) A written report on a determination of visual subordinance has been completed, with findings addressing the extent of visibility of proposed mining activities from Key Viewing Areas, including:
(i) A list of Key Viewing Areas from which exposed mining surfaces (and associated facilities/activities) would be visible;
(ii) An estimate of the surface area of exposed mining surfaces that would be visible from those Key Viewing Areas;
(iii) The distance from those Key Viewing Areas and the linear distance along those Key Viewing Areas from which proposed mining surfaces are visible;
(iv) The slope and aspect of mining surfaces relative to those portions of Key Viewing Areas from which they are visible;
(v) The degree to which potentially visible mining surfaces are screened from Key Viewing Areas by existing vegetation, including winter screening considerations.
(vi) The degree to which potentially visible mining surfaces would be screened by new plantings, berms, etc. and appropriate time frames to achieve such results, including winter screening considerations.
(w) Unless addressed by guideline (v) above, new production and/or development of mineral resources may be allowed upon a demonstration that:
(A) The site plan requirements for such proposals pursuant to this section have been met;
(B) The area to be mined and the area used for primary processing, equipment storage, stockpiling, etc. associated with the use would be fully screened from any Key Viewing Area; and
(C) A reclamation plan to restore the area to a natural appearance which blends with and emulates surrounding landforms to the maximum extent practicable has been approved by the applicable state agency with jurisdiction, or approved by the Development Review Officer with technical assistance from applicable state agencies for uses not under state agency jurisdiction. At minimum, the reclamation plan shall comply with Commission Rule 350-080-0520(1)(e).
(x) An interim time period to achieve compliance with visual subordinance requirements for expansion of existing quarries and development of new quarries located more than 3 miles from the nearest visible Key Viewing Area shall be established prior to approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed 3 years beyond the date of approval.
(y) An interim time period to achieve compliance with full screening requirements for new quarries located less than 3 miles from the nearest visible Key Viewing Area shall be established prior to approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed 1 year beyond the date of approval. Quarrying activity occurring prior to achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).
(z) Compliance with specific approval conditions to achieve visual subordinance (such as landscaped screening), shall occur within a period not to exceed 2 years after the date of development approval. This guideline shall apply to all development regulated by this section except mining and associated uses.
(3) All Review Uses within the following landscape settings shall comply with the following applicable guidelines:
(a) Pastoral:
(A) New development shall be compatible with the general scale (height, dimensions, overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) Accessory structures, outbuildings and accessways shall be clustered together as much as possible, particularly towards the edges of existing meadows, pastures and farm fields.
(C) In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(i) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from Key Viewing Areas shall be retained.
(ii) Vegetative landscaping shall, where feasible, retain the open character of existing pastures and fields.
(iii) At least half of any trees planted for screening purposes shall be species native to the setting or commonly found in the area. Such species include fruit trees, Douglas fir, Lombardy poplar (usually in rows), Oregon white oak, big leaf maple, and black locust (primarily in the eastern Gorge).
(iv) At least one-quarter of any trees planted for screening shall be coniferous for winter screening.
(v) The exteriors of structures shall be dark and either natural or earth-tone colors unless specifically exempted by Commission Rule 350-080-0520(2)(k) or (l).
(D) Compatible recreation uses include resource-based recreation uses of a very low or low-intensity nature (as defined by Commission Rule 350-080-0610), occurring infrequently in the landscape.
(b) Coniferous Woodland:
(A) New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) Structure height shall remain below the forest canopy level.
(C) In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(i) Except as is necessary for construction of access roads, building pads, leach fields, etc., the existing tree cover screening the development from Key Viewing Areas shall be retained.
(ii) At least half of any trees planted for screening purposes shall be species native to the setting. Such species include: Douglas fir, grand fir, western red cedar, western hemlock, big leaf maple, red alder, ponderosa pine and Oregon white oak, and various native willows (for riparian areas).
(iii) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.
(iv) The exteriors of structures shall be either natural or earth-tone colors unless specifically exempted by Commission Rule 350-080-0520(2)(k) or (l).
(D) Compatible recreation uses include resource-based recreation uses of varying intensities. Typically, outdoor recreation uses should be low-intensity, and include trails, small picnic areas and scenic viewpoints. Some more intensive recreation uses, such as campgrounds, may occur. They should be scattered, interspersed with large areas of undeveloped land and low-intensity uses.
(c) Oak-Pine Woodland:
(A) New development shall be compatible with the general scale (height, dimensions, and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) Structure height shall remain below the tree canopy level in wooded portions of this setting.
(C) In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development.
(i) At least half of any tree species planted for screening purposes shall be species native to the setting. Such species include Oregon white oak, ponderosa pine, and Douglas-fir.
(ii) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.
For substantially wooded portions:
(iii) Except as is necessary for construction of access roads, building pads, leach fields, etc., the existing tree cover screening the development from Key Viewing Areas shall be retained.
(iv) The exteriors of structures shall be either natural or earth-tone colors, unless specifically exempted by Commission Rule 350-080-0520(2)(k) or (l).
For treeless portions or portions with scattered tree cover:
(v) Structures shall be sited on portions of the property that provide maximum screening from Key Viewing Areas, using existing topographic features.
(vi) Patterns of plantings for screening vegetation shall be in character with the surroundings. Residences in grassy, open areas or savannahs shall be partly screened with trees in small groupings and openings between groupings.
(vii) Accessory structures, outbuildings, and access ways shall be clustered together as much as possible, particularly towards the edges of existing meadows, pastures, and farm fields.
(viii) The exteriors of structures shall be dark and either natural or earth- tone colors, unless specifically exempted by Commission Rule 350-080-0520(2)(k) or (l).
(D) Resource-based recreation uses of varying intensities may be compatible with this setting, although most are of low-intensity nature (such as trails or small scenic outlooks). More intensive recreation uses may be compatible where allowed by Commission Rule 350-080-0610, although they are generally rare in this setting. As with Woodland settings, intensive recreation uses in Oak-Pine Woodlands may be compatible if widely scattered and not in large concentrations.
(d) Grassland:
(A) New development shall be compatible with the general scale (height, dimensions, and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) Accessory structures, outbuildings, and access ways shall be clustered together as much as possible. Exceptions to this guideline are permitted where necessary for farming operations.
(C) In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(i) Structures shall be sited on portions of the property that provide maximum screening from Key Viewing Areas, using existing topographic features.
(ii) Lower structures that emphasize horizontal lines and blend with this sweeping landscape should be encouraged rather than very tall structures.
(iii) Planting of trees for screening shall not be extensive, in character with the openness of this setting. Where used, screening vegetation shall either tie in with nearby riparian vegetation in seasonal drainages or emulate windrows. At least half of any trees planted for screening purposes shall be species native to the setting or commonly found in the area. Such species include Oregon white oak, Lombardy poplar, black locust, black cottonwood (wet locations), Russian olive and ponderosa pine.
(iv) The exteriors of structures shall be dark and either natural or earth- tone colors, unless specifically exempted by Commission Rule 350-080-0520(2)(k) or (l).
(D) Resource-based recreation uses of a very low-intensity or low-intensity nature that occur infrequently are compatible with this setting, and include hiking, hunting and wildlife viewing.
(e) Rural Residential:
(A) New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) Existing tree cover shall be retained as much as possible, except as is necessary for site development, safety purposes, or as part of forest management practices.
(C) In portions of this setting visible from Key Viewing Areas, and not exempt from visual subordinance guidelines (pursuant to the "Developed Settings and Visual Subordinance Policies" Section in Part I, Chapter 1 of the Management Plan) the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(i) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from Key Viewing Areas shall be retained.
(ii) At least half of any trees planted for screening purposes shall be species native to the setting or commonly found in the area.
(iii) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.
(iv) Structures' exteriors shall be dark and either natural or earth-tone colors unless specifically exempted by Commission Rule 350-080-0520(2)(k) or (l).
(D) Compatible recreation uses should be limited to small community park facilities, but may occasionally include low-intensity resource-based recreation uses (such as small scenic overlooks).
(f) Rural Residential/Pastoral, Rural Residential/Coniferous Woodland, and Rural Residential/Oak-Pine Woodland:
(A) New development in this setting shall meet the design guidelines for both the Rural Residential setting and the more rural setting with which it is combined (either Pastoral, Coniferous Woodland or Oak-Pine Woodland), unless it can be demonstrated that compliance with the guidelines for the more rural setting is impracticable. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) In the event of a possible conflict between the guidelines, the guidelines for the more rural setting (Coniferous Woodland, Oak-Pine Woodland or Pastoral) shall apply, unless it can be demonstrated that application of such guidelines would not be practicable.
(C) Compatible recreation uses should be limited to very low and low-intensity resource-based recreation uses, scattered infrequently in the landscape.
(g) Residential:
(A) New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) In portions of this setting visible from Key Viewing Areas and not exempt from visual subordinance guidelines (pursuant to the "Developed Settings and Visual Subordinance Policies" section of Part I, Chapter 1 of the Management Plan), the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(i) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from Key Viewing Areas shall be retained.
(ii) Structures' exteriors shall be non-reflective unless fully screened from Key Viewing Areas with existing vegetation and/or topography.
(iii) At least half of any trees planted for screening purposes shall be species native to the setting or commonly found in the area.
(iv) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.
(v) The exteriors of structures shall be dark and either natural or earth-tone colors unless specifically exempted by Commission Rule 350-080-0520(2)(k) or (l).
(C) Compatible recreation uses are limited to community park facilities.
(h) Village:
(A) New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) New commercial buildings shall be limited in size to a total floor area of 5,000 square feet or less, and shall be limited in height to 2 and 1/2 stories or less.
(C) For new commercial, institutional (churches, schools, government buildings) or multi-family residential uses on parcels fronting a Scenic Travel Corridor (Washington State Route 14 or the Historic Columbia River Highway) and expansion of existing development for such uses, parking shall be limited to rear or side yards of buildings to the maximum extent practicable.
(D) New vehicular access points to the Scenic Travel Corridors shall be limited to the maximum extent practicable, and access consolidation shall be required where feasible.
(E) New development proposals and expansion of existing development shall be encouraged to follow planned unit development approaches, featuring consolidated access, commonly-shared landscaped open areas, etc.
(F) New commercial, institutional or multi-family residential uses fronting a Scenic Travel Corridor shall comply with the following landscape requirements:
(i) Parking or loading areas for 10 or more spaces shall include a landscaped strip at least 5 feet in width between the new use and the Scenic Travel Corridor roadway.
(ii) The landscape strip required in guideline (F)(i) above shall include shrubs, vegetative ground cover and, at minimum, one tree spaced as appropriate to the species and not to exceed 25 feet apart on the average.
(G) The use of building materials that reinforce the Village Setting's character, such as wood, logs or stone, and that reflect community desires, should be encouraged.
(H) Architectural styles characteristic of the area (such as 1 and 1/2 story dormer roof styles in Corbett), and that reflect community desires, should be encouraged. Entry signs should be consistent with such architectural styles.
(I) Design features which create a "pedestrian friendly" atmosphere, such as large shop windows on the ground floor of commercial buildings, porches along ground floors with street frontage, etc. should be encouraged.
(J) Pedestrian walkways and bicycle paths should be encouraged and integrated into new developments wherever feasible.
(K) Where feasible, existing tree cover of species native to the region or commonly found in the area shall be retained when designing new development or expanding existing development.
(L) Compatible recreation uses may include community parks serving the recreation needs of local residents, and varying intensities of other recreation uses.
(i) River Bottomlands:
(A) New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(B) In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(i) Except as is necessary for site development or safety purposes, existing tree cover screening the development from Key Viewing Areas shall be retained.
(ii) At least half of any trees planted for screening purposes shall be species native to the River Bottomland setting. Public recreation developments are encouraged to maximize the percentage of planted screening vegetation nativeto this setting. Such species include: black cottonwood, big leaf maple, red alder, Oregon white ash, Douglas fir, western red cedar and western hemlock (west Gorge) and various native willow species. (continued)